[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2276 Engrossed in House (EH)]


  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.
            ``(5) Goals.--The goal of the personnel management system 
        to be developed by the Board under paragraph (1) shall be to 
        provide, consistent with the requirements of this section, the 
        Administration with the ability--
                    ``(A) to hire and fire employees as in the private 
                sector;
                    ``(B) to promote and pay employees based on merit;
                    ``(C) to provide market-based salaries (designed to 
                attract the best qualified employees) within available 
                resources;
                    ``(D) to provide pay increases and other incentives 
                to staff facilities that are difficult to staff;
                    ``(E) to move personnel to those facilities where 
                they are most needed; and
                    ``(F) to provide an opportunity for collective 
                bargaining and other consultation with employees 
                concerning terms and conditions of employment.
            ``(6) Safeguards.--The personnel management system shall 
        include safeguards to ensure that travel expenses of employees 
        of the Administration (including meal and lodging expenses) are 
        not excessive.
    ``(c) Experts Evaluation.--The arrangements entered into by the 
Board with the experts consulted by the Board under subsection (b) 
shall provide for those experts to evaluate the personnel management 
system developed by the Board and submit to Congress the results of 
such evaluation before the last day of the 180-day period referred to 
in subsection (b)(1).
    ``(d) Notice to Congress.--
            ``(1) In general.--Upon development of the personnel 
        management system under subsection (b), the Board shall submit 
        to Congress a comprehensive plan describing the personnel 
        management system, along with all existing or proposed rules or 
        regulations relevant to the system.
            ``(2) Implementation.--The Board may begin to implement the 
        personnel management system only after the expiration of the 
        180-day period that begins on the date of submission of the 
        plan to Congress under paragraph (1).
    ``(e) Employee Rights and Benefits.--Nothing in this section shall 
be construed as exempting the Administration and employees of the 
Administration from any of the following provisions of title 5:
            ``(1) Section 2302(b)(8) (relating to whistleblower 
        protection) and related enforcement provisions.
            ``(2) Sections 3308 through 3320 (relating to veterans 
        preference).
            ``(3) Sections 7311(3) and 7311(4) (relating to limitations 
        on the right to strike).
            ``(4) Sections 2302(b)(1) and 7204 (relating to 
        antidiscrimination) and related enforcement provisions and 
        provisions of law referred to in section 2302(b)(1).
            ``(5) Chapter 71 (relating to labor-management relations).
            ``(6) Chapter 73 (relating to suitability, security, and 
        conduct).
            ``(7) Chapter 81 (relating to compensation for work 
        injuries).
            ``(8) Chapter 83 (relating to retirement).
            ``(9) Chapter 84 (relating to the Federal Employees' 
        Retirement System).
            ``(10) Chapter 85 (relating to unemployment compensation).
            ``(11) Chapter 87 (relating to life insurance).
            ``(12) Chapter 89 (relating to health insurance).
    ``(f) Pay Restrictions.--
            ``(1) Maximum rate of pay.--No officer (including the Chief 
        Executive Officer) or employee of the Administration may 
        receive annual pay in excess of the annual rate of basic pay 
        payable for level II of the Executive Schedule unless the Board 
        provides written notification to Congress of such higher rate 
        of pay and 30 days (excluding Saturdays, Sundays, and holidays, 
        and any day on which neither House of Congress is in session 
        because of an adjournment sine die, a recess of more than 3 
        days, or an adjournment of more than 3 days) have elapsed since 
        the date of such notification.
            ``(2) Percentage of employees above level es-1 of senior 
        executive service.--Not more than 0.35 percent of the officers 
        (including members of the Board and the Chief Executive 
        Officer) and employees of the Administration may be paid at a 
        rate which equals or exceeds the rate payable for level ES-1 of 
        the Senior Executive Service.
            ``(3) Raises and bonuses.--No officer (including the Chief 
        Executive Officer) or employee of the Administration who is 
        paid at a rate which exceeds the rate payable for level ES-1 of 
        the Senior Executive Service may receive in a calendar year 
        raises or bonuses (excluding cost-of-living increases and 
        increases that are the results of a promotion) that total more 
        than 15 percent of the annual rate of pay of the officer or 
        employee on the day before the first day of such calendar year.
    ``(g) Contracts Between FAA and Former FAA Employees.--Before the 
Administration may enter into a contract with an individual who has 
been employed by the Administration at any time during the 2-year 
period preceding the expected date of entry into the contract or with a 
corporation, partnership, or other entity in which such a former 
employee is a partner, principal officer, or majority stockholder or 
which is otherwise controlled or predominantly staffed by 1 or more of 
such former employees, the Board must first approve of the entry into 
the contract as being essential to the mission of the Administration.
    ``(h) Use of Unobligated Amounts for Bonuses and Deficit 
Reduction.--
            ``(1) In general.--Of amounts available to the 
        Administration specifically for administrative expenses for a 
        fiscal year beginning after September 30, 1996, that the 
        Administration estimates on September 1 of that fiscal year 
        will not be obligated by an office of the Administration before 
        the end of the fiscal year--
                    ``(A) the Board may use up to 50 percent to pay 
                bonuses to personnel of such office of the 
                Administration; and
                    ``(B) the remainder shall be divided between and 
                deposited in--
                            ``(i) the general fund of the Treasury and 
                        used exclusively for deficit reduction; and
                            ``(ii) the Airport and Airway Trust Fund;
                in the same ratio that amounts appropriated for 
                operations of the Administration for that fiscal year 
                from the General Fund of the Treasury bears to amounts 
                appropriated from the Airport and Airway Trust Fund for 
                that fiscal year.
            ``(2) Reports.--The Director of the Office of Management 
        and Budget shall submit a report to Congress by not later than 
        December 31 of each year on the implementation of this 
        subsection in the preceding fiscal year, describing the 
        effectiveness of this subsection in reducing the deficit.
``Sec. 1315. Management Advisory Committee
    ``(a) Establishment.--There is established an advisory committee 
which shall be known as the Federal Aviation Management Advisory 
Committee (hereinafter in this section referred to as the `Management 
Advisory Committee').
    ``(b) Membership.--The Management Advisory Committee shall consist 
of 17 members, who shall be appointed as follows:
            ``(1) 1 member appointed by the Speaker of the House of 
        Representatives;
            ``(2) 1 member appointed by the minority leader of the 
        House of Representatives;
            ``(3) 1 member appointed by the majority leader of the 
        Senate;
            ``(4) 1 member appointed by the minority leader of the 
        Senate;
            ``(5) 13 members appointed by the Board 12 of whom shall 
        represent 1 of the following interests:
                    ``(A) Airline passengers.
                    ``(B) General aviation and sport aviation.
                    ``(C) Business aviation.
                    ``(D) Hub airports.
                    ``(E) Non-hub and general aviation airports.
                    ``(F) Major airlines and national airlines.
                    ``(G) Regional airlines and air taxis.
                    ``(H) Cargo airlines and charter airlines.
                    ``(I) Aircraft manufacturers.
                    ``(J) Airline employees.
                    ``(K) Federal Aviation Administration employees.
                    ``(L) State aviation officials.
    ``(c) Functions.--The Management Advisory Committee shall provide 
advice and counsel to the Administration on issues which affect or are 
affected by the operations of the Administration. The Management 
Advisory Committee shall hold quarterly meetings. The Administration 
shall give the Management Advisory Committee access to internal 
documents (other than proprietary information and documents relating to 
on-going litigation) and personnel of the Administration. The 
Management Advisory Committee shall function as an oversight resource 
for management, policy, spending, and regulatory matters under the 
jurisdiction of the Administration.
    ``(d) Chairman.--The Management Advisory Committee shall elect a 
chairman of the Management Advisory Committee from among its members.
    ``(e) Terms of Members.--
            ``(1) Members appointed by congress.--Members appointed 
        under subsections (b)(1) through (b)(4) shall be appointed for 
        a term of 2 years.
            ``(2) Members appointed by the board.--Members appointed 
        under subsection (b)(5) shall be appointed for a term of 3 
        years.
    ``(f) Travel and Per Diem.--Each member of the Management Advisory 
Committee 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.
    ``(g) Utilization of Personnel From FAA.--The Administration shall 
make available to the Management Advisory Committee such staff, 
information, and administrative services and assistance as may 
reasonably be required to enable the Management Advisory Committee to 
carry out its responsibilities under this section.
    ``(h) Applicability of Federal Advisory Committee Act.--The 
Management Advisory Committee shall be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.); except that section 14(a)(2)(B) of such 
Act (relating to the termination of advisory committees) shall not 
apply to the Committee.
``Sec. 1316. Authority to carry out certain transferred functions, 
              duties, and powers
    ``Except as otherwise provided in this chapter, in carrying out a 
function, duty, or power transferred under the Federal Aviation 
Administration Revitalization Act of 1995 (including the amendments 
made by such Act), the Administration has the same authority that was 
vested in the department, agency, or instrumentality of the United 
States Government carrying out the function, duty, or power immediately 
before the transfer. An action of the Administration in carrying out 
the function, duty, or power has the same effect as when carried out by 
the department, agency, or instrumentality.

                      ``SUBCHAPTER III--AUTHORITY

``Sec. 1331. Functions
    ``(a) In General.--The functions of the Federal Aviation 
Administration shall be all functions vested in the Board, the Chief 
Executive Officer, or the Federal Aviation Administration by this title 
or by law enacted after the date of the enactment of this chapter. Such 
functions include functions of the Administration, the Board, and the 
Chief Executive Officer under the following provisions of this title:
            ``(1) Section 308(b).
            ``(2) Section 353.
            ``(3) Section 1114(d).
            ``(4) Section 1131(c).
            ``(5) Subsections (c) and (d) of section 1132.
            ``(6) Section 1135.
            ``(7) Section 1153(c).
            ``(8) Subsections (a), (c), and (d) of section 40101.
            ``(9) Section 40102(a)(8).
            ``(10) Section 40103(b).
            ``(11) Section 40104.
            ``(12) Section 40105.
            ``(13) Section 40106(a).
            ``(14) Section 40107.
            ``(15) Section 40108.
            ``(16) Section 40109(b).
            ``(17) Subsections (a) and (b) of section 40110.
            ``(18) Section 40111.
            ``(19) Section 40112.
            ``(20) Section 40113.
            ``(21) Section 40114.
            ``(22) Section 40115.
            ``(23) Section 40117.
            ``(24) Section 40119.
            ``(25) Section 41714.
            ``(26) Chapter 441.
            ``(27) Chapter 443.
            ``(28) Chapter 445.
            ``(29) Chapter 447.
            ``(30) Chapter 449.
            ``(31) Chapter 451.
            ``(32) Chapter 453.
            ``(33) Chapter 461.
            ``(34) Section 46301.
            ``(35) Section 46302.
            ``(36) Section 46303.
            ``(37) Section 46304.
            ``(38) Section 46306.
            ``(39) Section 46308.
            ``(40) Section 46311.
            ``(41) Section 46313.
            ``(42) Section 46315.
            ``(43) Section 46316.
            ``(44) Chapter 465.
            ``(45) Chapter 471.
            ``(46) Chapter 473.
            ``(47) Chapter 475.
            ``(48) Chapter 481.
            ``(49) Chapter 491.
    ``(b) Incidental Functions.--In addition, the functions of the 
Administration shall include all functions of the Department of 
Transportation on the effective date of this section which the 
Administration determines are incidental to, helpful to, or necessary 
for the performance of the functions referred to in subsection (a) or 
which relate primarily to those functions.
``Sec. 1332. Regulations
    ``(a) General Authority.--The Administration may issue, rescind, 
and amend such regulations as are necessary to carry out its functions.
    ``(b) Approval of Board.--
            ``(1) General rule.--The Administration may only issue a 
        proposed regulation, final regulation, airworthiness directive, 
        or advisory circular that may result in the expenditure by 
        State, local, and tribal governments in the aggregate, or by 
        the private sector, of $10,000,000 or more (adjusted annually 
        for inflation) in any 1 year if the Board first approves of the 
        issuance of such regulation, directive, or circular.
            ``(2) Emergency action.--In an emergency, the Chief 
        Executive Officer may issue a regulation, directive, or 
        circular described in paragraph (1) without prior Board 
        approval but subject to Board ratification following issuance.
    ``(c) Review by DOT.--
            ``(1) Submission.--Before the Administration issues any 
        proposed or final regulation--
                    ``(A) the Administration shall submit a copy of the 
                regulation to the Secretary of Transportation;
                    ``(B) the Administration shall provide the 
                Secretary with a period of 5 days (excluding Saturdays, 
                Sundays, and holidays) beginning on the date of such 
                submission to determine whether or not the regulation 
                is likely to have a significant effect on other modes 
                of transportation in the national transportation system 
                or the Secretary's aviation responsibilities, including 
                national defense responsibilities; and
                    ``(C) if the Secretary determines, before the last 
                day of such 5-day period, that the regulation is likely 
                to have such a significant effect, the Administration 
                shall provide the Secretary with an additional period 
                of 45 days to assess the effect of the regulation on 
                other modes of transportation in the national 
                transportation system and the Secretary's aviation 
                responsibilities, including national defense 
                responsibilities.
            ``(2) Recommendations.--The Secretary may recommend to the 
        Administration modifications of a proposed or final regulation 
        necessary to minimize the adverse effect of such regulation on 
        other modes of transportation in the national transportation 
        system or the Secretary's aviation responsibilities, including 
        national defense responsibilities. The Administration may make 
        any modifications recommended by the Secretary. If the 
        Administration does not make a modification recommended by the 
        Secretary, the Administration shall include in the publication 
        of the proposed or final regulation a description of the 
        recommended modification and the reasons for not making the 
        modification.
            ``(3) Exceptions.--This subsection shall not apply to the 
        following types of regulations:
                    ``(A) Regulations pertaining to agency 
                organization, procedure, or practice.
                    ``(B) Regulations pertaining solely to navigational 
                aids.
                    ``(C) Regulations pertaining solely to airspace 
                designations and configurations.
                    ``(D) Regulations pertaining solely to standard 
                instrument approach procedures.
                    ``(E) Regulations pertaining solely to aircraft 
                design.
                    ``(F) Regulations pertaining to the personnel 
                management system developed under section 1314.
                    ``(G) Regulations pertaining to the acquisition 
                management system developed under section 1334.
            ``(4) Emergency action.--In an emergency, a regulation may 
        take effect for the duration of the emergency and before the 
        Secretary completes review of the regulation under this 
        subsection, as determined necessary by the Chief Executive 
        Officer or the Board.
    ``(d) Automatic Termination Date.--Any regulation issued by the 
Administration after the effective date of this section which is likely 
to result in the annual expenditure by State, local, and tribal 
governments in the aggregate, or by the private sector, of $25,000,000 
or more (adjusted annually for inflation) in any 1 year must contain an 
automatic termination date. The termination date shall also apply to 
any advisory circular issued by the Administration and pertaining 
solely to such regulation.
    ``(e) Emergency Defined.--In this section, the term `emergency' 
means a situation where there is good cause for finding that 
consideration by the Board or by the Department of Transportation is 
impracticable or contrary to the public interest.
``Sec. 1333. Finality of decisions; appeals
    ``Decisions of the Administration made pursuant to the exercise of 
the functions enumerated in subtitle VII of this title shall be 
administratively final, and appeals as currently authorized by law 
shall be taken directly to the National Transportation Safety Board or 
to any court of competent jurisdiction, as appropriate.
``Sec. 1334. Procurement program
    ``(a) Exemption From Procurement Laws.--
            ``(1) In general.--The following laws and regulations shall 
        not apply to the Federal Aviation Administration:
                    ``(A) Title III of the Federal Property and 
                Administrative Services Act of 1949 (41 U.S.C. 251-
                266).
                    ``(B) The Office of Federal Procurement Policy Act 
                (41 U.S.C. 401 et seq.).
                    ``(C) The Federal Acquisition Streamlining Act of 
                1994 (Public Law 103-355).
                    ``(D) The Small Business Act (15 U.S.C. 631 et 
                seq.); except that the Administration shall provide 
                reasonable opportunities to small business concerns and 
                small business concerns owned and controlled by 
                socially and economically disadvantaged individuals to 
                be awarded contracts.
                    ``(E) Subchapter V of chapter 35 of title 31 
                (relating to the procurement protest system).
                    ``(F) The Brooks Automatic Data Processing Act (40 
                U.S.C. 759).
                    ``(G) Section 3709 of the Revised Statutes of the 
                United States (41 U.S.C. 5).
                    ``(H) The Federal Acquisition Regulation and any 
                laws not listed in subparagraphs (A) through (G) 
                providing authority to promulgate regulations in the 
                Federal Acquisition Regulation.
            ``(2) Effective date.--The exemption provided by paragraph 
        (1) shall not take effect until the expiration of the 180-day 
        period referred to in subsection (c)(2).
    ``(b) Development of Acquisition 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 Federal Aviation Board, in 
        consultation with such nongovernmental experts in acquisition 
        management systems as the Board may employ, shall develop an 
        acquisition management system for the Administration.
            ``(2) Consultation.--In developing the acquisition 
        management system, the Board shall consult nongovernmental 
        experts in acquisition management systems.
            ``(3) Goals.--The acquisition management system to be 
        developed by the Board under paragraph (1) shall be designed--
                    ``(A) to ensure that services are procured and new 
                equipment is installed and certified as quickly as 
                possible without sacrificing principles of fairness and 
                protection against waste, fraud, and abuse; and
                    ``(B) to ensure a common interoperable air traffic 
                control system with the military.
            ``(4) Experts evaluation.--The arrangements entered into by 
        the Board with the experts consulted by the Board under 
        paragraph (2) shall provide for those experts to evaluate the 
        acquisition management system developed by the Board and submit 
        to Congress the results of such evaluation before the last day 
        of the 180-day period referred to in paragraph (1).
    ``(c) Notice to Congress.--
            ``(1) In general.--Upon the development of the acquisition 
        management system, the Board shall submit a comprehensive plan 
        describing the acquisition management system to Congress, along 
        with all existing or proposed rules or regulations relevant to 
        the system.
            ``(2) Implementation.--The Administration may begin to 
        implement the acquisition management system only after the 
        expiration of the 180-day period that begins on the date on 
        which the plan is submitted to Congress under paragraph (1). 
        The acquisition management system shall apply to contracts 
        entered into after the expiration of such 180-day period.
    ``(d) Contracts.--
            ``(1) Approval of certain contracts.--The Administration 
        may only enter into a contract that has a total contract value, 
        including all options, of an amount greater than $100,000,000 
        if the Board first approves of the entry into the contract.
            ``(2) Notice to congress of certain contracts.--In addition 
        to complying with paragraph (1), the Administration may only 
        enter into a contract that has a total contract value, 
        including all options, of an amount greater than $250,000,000 
        if the Board provides written notice to Congress of the 
        proposed entry into the contract, together with a description 
        of the contract and at least 30 calendar days elapse after the 
        date of such notification.
``Sec. 1335. Judicial review of actions in carrying out certain 
              transferred duties and powers
    ``(a) Judicial Review.--An action of the Administration in carrying 
out a duty or power transferred under the Department of Transportation 
Act (Public Law 89-670) and under the Federal Aviation Administration 
Revitalization Act of 1995 and an action of the Administrator of the 
Federal Aviation Administration in carrying out a duty or power 
specifically assigned to the Administrator by the Department of 
Transportation Act and transferred to the Administration by the Federal 
Aviation Administration Revitalization Act of 1995 may be reviewed 
judicially to the same extent and in the same way as if the action had 
been an action by the department, agency, or instrumentality of the 
United States Government carrying out the duty or power immediately 
before the transfer.
    ``(b) Application of Procedural Requirements.--A statutory 
requirement related to notice, an opportunity for a hearing, action on 
the record, or administrative review that applied to a duty or power 
transferred by the Acts referred to in subsection (a) applies to the 
Administration when carrying out the duty or power.''.

SEC. 4. BUDGET OF ADMINISTRATION.

    (a) In General.--Section 48109 of title 49, United States Code, is 
amended to read as follows:
``Sec. 48109. Budget information and legislative recommendations and 
              comments
    ``(a) Preparation.--Subject to approval of the Federal Aviation 
Board, the Chief Executive Officer shall prepare an annual budget for 
the Administration.
    ``(b) Submission of Budget to DOT.--
            ``(1) In general.--At the same time that agencies of the 
        Department of Transportation having jurisdiction over other 
        modes of transportation are required to submit their budgets to 
        the Secretary of Transportation, the Administration shall 
        submit to the Secretary the budget prepared by the 
        Administration and approved by the Board. The Secretary shall 
        review the budget and may recommend to the Administration 
        modifications in the budget necessary to ensure that the budget 
        is consistent with the needs of the national transportation 
        system and the Secretary's aviation responsibilities. The 
        Administration may modify the budget to adopt any 
        recommendation made by the Secretary.
            ``(2) Opportunity for comment.--At least 30 days before 
        submitting a budget to the Secretary under paragraph (1), the 
        Administration shall submit a draft of the budget to the 
        Management Advisory Committee established by section 1315 for 
        comment.
    ``(c) Submission of Budget to Congress.--
            ``(1) In general.--When the Board submits to the President 
        or the Director of the Office of Management and Budget any 
        budget information, legislative recommendation, or comment on 
        legislation about amounts authorized in section 48101 or 
        section 48102, the Board concurrently shall submit a copy of 
        the information, recommendation, or comment to the Speaker of 
        the House of Representatives, the Committees on Transportation 
        and Infrastructure and Appropriations of the House of 
        Representatives, the President of the Senate, and the 
        Committees on Commerce, Science, and Transportation and 
        Appropriations of the Senate.
            ``(2) Special rule with respect to annual budgets.--The 
        annual budget of the Administration submitted to Congress shall 
        include--
                    ``(A) budget requests and Airport and Airway Trust 
                Fund estimates for the ensuing 4 fiscal years;
                    ``(B) a numerical ranking, by degree of importance 
                to the national airspace system, of the 
                Administration's requests for funding of air traffic 
                control modernization projects under section 48101;
                    ``(C) the total number of man-years of direct 
                effort the Administration estimates it will use under 
                support service contracts (including professional, 
                technical, engineering, site preparation, and 
                installation and other services comparable to those 
                performed by Government employees, but not including 
                maintenance as part of a supply contract, janitorial, 
                research and development, or construction services or 
                services incidental to supply contracts) during the 
                fiscal year for which the budget is being submitted;
                    ``(D) any modifications made by the Administration 
                under subsection (b) with respect to the budget; and
                    ``(E) if the Administration does not adopt a 
                recommendation made by the Secretary under subsection 
                (b), a description of the recommendation and the 
                reasons for not adopting the recommendation.
        Subparagraph (C) shall take effect with the budget submission 
        for fiscal year 1997. The estimate under subparagraph (C) for 
        such budget submission shall include for comparison the 
        estimated total number of man-years of direct effort the 
        Administration used under such support service contracts in 
        each of fiscal years 1992 and 1995.''.
    (b) Conforming Amendment.--The analysis for chapter 481 is amended 
by striking the item relating to section 48109 and inserting the 
following:

``48109. Budget information and legislative recommendations and 
                            comments.''.

SEC. 5. COST-BENEFIT ANALYSIS FOR MINIMUM SAFETY STANDARDS.

    Section 44701 is amended by adding at the end the following:
    ``(f) Cost-Benefit Analysis.--
            ``(1) In general.--For any regulation or standard to be 
        issued under subsection (a) or (b) that is likely to result in 
        annualized compliance costs in excess of $25,000,000, the 
        Administration shall, in addition to other requirements in law, 
        identify and publish together with such regulation or standard 
        the following:
                    ``(A) The benefits of the regulation or standard, 
                quantified where appropriate and feasible, and 
                otherwise qualitatively described, including in 
                appropriate cases, the nature and number of deaths or 
                injuries that the regulation or standard is designed to 
                prevent.
                    ``(B) The approximate number of aircraft, airports, 
                airmen, or cabin crew affected by the regulation or 
                standard.
                    ``(C) The probable cost of fulfilling the 
                requirements of the regulation or standard, quantified 
                where appropriate and feasible, and otherwise 
                qualitatively described, including in appropriate cases 
                any adverse effects on competition or disruption or 
                dislocation of air service or other commercial 
                practices engaged in by the entities affected by such 
                requirements.
                    ``(D) Alternative means of achieving the objective 
                of the regulation or standard while minimizing the 
                costs, adverse effects on competition, and the 
                disruption or dislocation of air service or the 
                commercial practices affected by the regulation or 
                standard and a statement as to why the Administration 
                chose the regulation or standard adopted in preference 
                to the alternatives considered.
            ``(2) Emergency.--In the case of an emergency, the Chief 
        Executive Officer or the Board may suspend the application of 
        this subsection for the duration of the emergency.
            ``(3) Nonapplicability to advisory circulars.--This 
        subsection shall not apply to advisory circulars.''.

SEC. 6. AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.

    Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in paragraph (1) by inserting ``or Federal Aviation 
        Administration'' after ``Community Service''; and
            (2) in paragraph (2) by inserting ``the Federal Aviation 
        Administration,'' after ``United States Information Agency,''.

SEC. 7. PASSENGER FACILITY CHARGES.

    (a) Fee Retained by Airlines.--
            (1) Deadline for response to petition.--Not later than 75 
        days after the date of the enactment of this Act, the 
        Administrator of the Federal Aviation Administration shall 
        issue a notice of a proposed rulemaking or a denial of the 
        petition in Docket 27791 of the Federal Aviation Administration 
        (relating to increasing the fee that airlines retain in 
        collecting passenger facility charges).
            (2) Effect of failure to respond.--If the Administrator 
        does not respond to the petition in the docket referred to in 
        paragraph (1) as required by paragraph (1), the fee increase 
        sought by the petitioner in such docket shall become effective 
        after the 75th day referred to in paragraph (1) until such date 
        as the Administrator responds to such petition.
    (b) Review of Program.--The Secretary of Transportation shall 
complete the review required by section 121 of the Federal Aviation 
Administration Reauthorization Act of 1994 (108 Stat. 1581) not later 
than the 75th day following the date of the enactment of this Act.

SEC. 8. SELECT PANEL TO REVIEW INNOVATIVE FUNDING MECHANISMS.

    (a) Establishment.--The Federal Aviation Board shall establish a 
select panel to review and report to Congress regarding innovative 
financing mechanisms for ensuring adequate funding for existing and 
future aviation infrastructure needs and for funding the operations of 
the Federal Aviation Administration in a manner that would provide for 
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;
                    ``(B) the Maritime Administration;
                    ``(C) the Federal Railroad Administration; and
                    ``(D) the Federal Transit Administration.''.
            (3) General provisions relating to air commerce and 
        safety.--
                    (A) Policy.--Section 40101 is amended--
                            (i) in subsection (a) by inserting after 
                        ``Secretary of Transportation'' the following: 
                        ``and the Federal Aviation Administration'';
                            (ii) in subsection (c) by striking 
                        ``Administrator of the''; and
                            (iii) in subsection (d) by striking 
                        ``Administrator'' and inserting 
                        ``Administration''.
                    (B) Definitions.--Section 40102(a) is amended--
                            (i) in paragraphs (8)(B) and (37) by 
                        striking ``the Administrator of'';
                            (ii) in paragraph (20) by striking 
                        ``Administrator'' and inserting ``Federal 
                        Aviation Administration''; and
                            (iii) by moving the second sentence of 
                        paragraph (37) 2 ems to the left.
                    (C) Sovereignty and use of air space.--Section 
                40103 is amended--
                            (i) in subsection (a)(2) by inserting after 
                        ``Secretary of Transportation'' the following: 
                        ``and the Federal Aviation Administration''; 
                        and
                            (ii) in subsection (b)--
                                    (I) by striking ``Administrator of 
                                the''; and
                                    (II) by striking ``Administrator'' 
                                each place it appears after the first 
                                and inserting ``Administration''.
                    (D) Promotion of civil aeronautics and air 
                commerce.--Section 40104 is amended--
                            (i) in subsection (a) by striking 
                        ``Administrator of the'';
                            (ii) in subsection (a) by striking 
                        ``Administrator'' each place it appears after 
                        the first and inserting ``Administration''; and
                            (iii) in subsection (b) by striking 
                        ``Secretary of Transportation'' and inserting 
                        ``Administration''.
                    (E) International negotiations, agreements, and 
                obligations.--Section 40105 is amended--
                            (i) in subsection (a) by striking 
                        ``Administrator of the'';
                            (ii) in the heading to subsection (b) by 
                        striking ``Administrator'' and inserting 
                        ``Administration'';
                            (iii) in subsection (b)(1) by striking 
                        ``Administrator'' and inserting 
                        ``Administration''; and
                            (iv) in subsection (c)(1) by inserting 
                        before the semicolon ``and the Federal Aviation 
                        Administration''.
                    (F) Emergency powers.--Section 40106 is amended--
                            (i) in subsection (a)--
                                    (I) in paragraph (1) by striking 
                                ``Administrator of the''; and
                                    (II) in paragraph (2) by striking 
                                ``Administrator'' and inserting 
                                ``Administration''; and
                            (ii) in subsection (b)(2) by inserting 
                        after ``Secretary of Transportation'' the 
                        following: ``or the Federal Aviation 
                        Administration''.
                    (G) Presidential transfers.--Section 40107 is 
                amended--
                            (i) in subsection (a) by striking 
                        ``Administrator of the''; and
                            (ii) by striking ``Administrator'' each 
                        place it appears after the first and inserting 
                        ``Administration''.
                    (H) Training schools.--Section 40108 is amended--
                            (i) in subsection (a) by striking 
                        ``Administrator of the''; and
                            (ii) by striking ``Administrator'' each 
                        place it appears after the first and inserting 
                        ``Administration''.
                    (I) Authority to exempt.--Section 40109(b) is 
                amended--
                            (i) by striking ``Administrator of the''; 
                        and
                            (ii) by striking ``Administrator'' the 
                        second place it appears and inserting 
                        ``Administration''.
                    (J) General procurement authority.--Section 40110 
                is amended--
                            (i) in subsection (a) by striking 
                        ``Administrator of the'';
                            (ii) in subsection (a)(1) by striking 
                        ``Administrator'' and inserting 
                        ``Administration'';
                            (iii) in subsection (b) by striking 
                        ``Administrator of'' the first place it appears 
                        and inserting ``Chief Executive Officer of'';
                            (iv) in subsection (b)(2)(E) by striking 
                        ``Administrator of the''; and
                            (v) in subsection (b)(2)(E) by striking 
                        ``Administrator;'' and inserting 
                        ``Administration;''.
                    (K) Multiyear procurement contracts for services 
                and related items.--Section 40111 is amended--
                            (i) in subsection (a) by striking 
                        ``Administrator of the''; and
                            (ii) in subsections (b) and (c) by striking 
                        ``Administrator'' each place it appears and 
                        inserting ``Administration''.
                    (L) Multiyear procurement contracts for property.--
                Section 40112 is amended--
                            (i) in subsection (a) by striking 
                        ``Administrator of the'';
                            (ii) in subsections (b), (c), and (e)(2) by 
                        striking ``Administrator'' each place it 
                        appears and inserting ``Administration''; and
                            (iii) by adding at the end the following:
    ``(g) Limitation.--This section and section 40111 shall not be 
effective to the extent they are inconsistent with the acquisition 
management system being implemented under section 1334.''.
                    (M) Administrative.--Section 40113 is amended--
                            (i) in subsection (a) by striking ``(or the 
                        Administrator of'' and inserting ``and'';
                            (ii) in subsection (a) by striking 
                        ``Administrator)'' and inserting 
                        ``Administration'';
                            (iii) in subsection (a) by striking 
                        ``Administrator'' the last place it appears and 
                        inserting ``Administration'';
                            (iv) in subsection (b) by striking ``has'' 
                        the 1st place it appears and inserting ``and 
                        the Administration have'';
                            (v) in subsection (c) by striking ``The 
                        Secretary'' and all that follows through 
                        ``Administrator)'' and inserting ``In carrying 
                        out aviation safety functions, duties, and 
                        powers, the Federal Aviation Administration'';
                            (vi) in subsection (c) by striking ``to 
                        assist the Secretary or Administrator of'' and 
                        inserting ``to assist'';
                            (vii) in subsection (d) by striking 
                        ``Administrator of the'';
                            (viii) in subsection (d) by striking 
                        ``Administrator'' the last place it appears and 
                        inserting ``Administration'';
                            (ix) in subsection (e) by striking 
                        ``Administrator'' each place it appears and 
                        inserting ``Administration''; and
                            (x) by adding at the end the following:
    ``(f) Exemptions.--
            ``(1) FAA review of regulations.--Prior to issuing any 
        regulation or granting any exemption to a regulation issued 
        under this chapter that affects the transportation of hazardous 
        materials by air, the Secretary shall provide the 
        Administration an opportunity for review, and the 
        Administration may disapprove such action if the Administration 
        determines that there would be an adverse effect on aviation 
        safety.
            ``(2) Proposed changes.--The Administration may, in the 
        interest of aviation safety, propose to the Secretary 
        regulatory changes affecting the transportation of hazardous 
        materials by air.
            ``(3) Enforcement.--Enforcement actions for violations of 
        this chapter or of any regulations issued under this chapter 
        that affect the transportation of hazardous materials by air 
        shall be brought by the Administration.''.
                    (N) Reports and records.--Section 40114 is 
                amended--
                            (i) in subsection (a)(1) by striking ``(or 
                        the Administrator of'' and inserting ``and'';
                            (ii) in subsection (a)(1) by striking 
                        ``Administrator)'' and inserting 
                        ``Administration'';
                            (iii) in subsection (a)(1) by striking 
                        ``Administrator'' the last place it appears and 
                        inserting ``Administration'';
                            (iv) in subsection (a)(2) by striking ``(or 
                        the Administrator'' and inserting ``and the 
                        Administration'';
                            (v) in subsection (a)(2) by striking 
                        ``Administrator)'' and inserting 
                        ``Administration''; and
                            (vi) in subsection (a)(2) by striking 
                        ``Administrator'' the last 2 places it appears 
                        and inserting ``Administration''.
                    (O) Withholding information.--Section 40115(a) is 
                amended by inserting after ``Secretary of 
                Transportation'' each place it appears the following: 
                ``or Federal Aviation Administration''.
                    (P) Passenger facility fees.--Section 40117 is 
                amended--
                            (i) in subsection (b)(1) by striking 
                        ``Secretary of Transportation'' and inserting 
                        ``Federal Aviation Administration''; and
                            (ii) in subsections (c) through (i) by 
                        striking ``Secretary'' each place it appears 
                        and inserting ``Administration''.
                    (Q) Security and research and development 
                activities.--Section 40119 is amended--
                            (i) in subsection (a) by striking 
                        ``Administrator of the''; and
                            (ii) in subsections (b) and (c) by striking 
                        ``Administrator'' each place it appears and 
                        inserting ``Administration''.
            (4) Navigation of foreign civil aircraft.--Section 41703 is 
        amended--
                    (A) in subsection (a)(3) by inserting ``, after 
                consultation with the Federal Aviation 
                Administration,'' after ``Secretary of 
                Transportation''; and
                    (B) in subsection (b) by inserting ``, after 
                consultation with the Federal Aviation 
                Administration,'' after ``Secretary'' the 2nd place it 
                appears.
            (5) Slots.--Section 41714 is amended--
                    (A) in subsection (a)(1) by striking ``Secretary of 
                Transportation'' and inserting ``Federal Aviation 
                Administration'';
                    (B) in subsections (a)(2), (a)(3), (a)(4), (b)(1), 
                (b)(2), (c), (d), (f), and (g) by striking 
                ``Secretary'' and ``secretary'' each place they appear 
                and inserting ``Administration'' and 
                ``administration'', respectively;
                    (C) in subsection (b)(3) by striking ``Secretary'' 
                the first place it appears and inserting 
                ``Administration'';
                    (D) in subsection (b)(3) by inserting after 
                ``Secretary'' the second place it appears the 
                following: ``of Transportation'';
                    (E) in subsection (h)(2) by striking 
                ``Administrator'' and inserting ``Administration''; and
                    (F) by adding at the end the following:
    ``(i) Consultation With DOT.--In making determinations with respect 
to essential air service, exceptional circumstances, and the public 
interest, the Administration shall consult with the Secretary of 
Transportation.''.
            (6) Registration and recordation of aircraft.--Chapter 441 
        (other than section 44109) is amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears;
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies and the 3rd place it appears in section 
                44111(d)) and inserting ``Administration''; and
                    (C) in section 44102(b) by striking ``Secretary of 
                Transportation'' and inserting ``Federal Aviation 
                Administration''.
            (7) Insurance.--Chapter 443 is amended--
                    (A) by striking ``Secretary of Transportation'' 
                each place it appears and inserting ``Federal Aviation 
                Administration''; and
                    (B) by striking ``Secretary'' each place it appears 
                (other than a place to which subparagraph (A) applies, 
                the 2nd, 3rd, and 5th places it appears in section 
                44305(b), the 1st place it appears in section 
                44307(a)(1), the 2nd place it appears in section 
                44307(b), and the 3rd place it appears in section 
                44307(d)) and inserting ``Administration''.
            (8) Facilities, personnel, and research.--Chapter 445 is 
        amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears (other than the 1st place it appears in 
                section 44501(c)(2)(B) and the last place it appears in 
                section 44502(c)(1));
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies, the 1st place it appears in section 
                44501(c)(2)(B), the last place it appears in section 
                44502(c), and in section 44507(3)) and inserting 
                ``Administration'';
                    (C) in section 44506(b) by striking 
                ``Administrators of the Federal Aviation Administration 
                and'' and inserting ``Federal Aviation Administration 
                and the Administrator of the'';
                    (D) in section 44506(c) by striking ``Department of 
                Transportation'' and inserting ``Administration'';
                    (E) in section 44506(d) by striking ``Public Works 
                and Transportation'' and inserting ``Transportation and 
                Infrastructure'';
                    (F) in section 44507--
                            (i) by striking ``106(j)'' and inserting 
                        ``1317''; and
                            (ii) by striking ``the Administrator'' in 
                        paragraph (3) and inserting ``the Federal 
                        Aviation Board'';
                    (G) in section 44514(b) by striking ``Secretary and 
                the'';
                    (H) by striking ``Secretary of Transportation'' 
                each place it appears and inserting ``Federal Aviation 
                Administration''; and
                    (I) by striking ``Secretary'' each place it appears 
                (other than in sections 44501(b)(1)(B), 44502(c)(1), 
                and 44505(a)(3) and a place to which subparagraphs (G) 
                and (H) apply) and inserting ``Administration''.
            (9) Safety regulation.--Chapter 447 is amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears (other than the 2nd place it appears in 
                section 44714, the 2nd place it appears in section 
                44715(a)(2), the 1st, 4th, 7th, 9th, 10th, and 11th 
                places it appears in section 44715(c), the 1st and 3rd 
                places it appears in section 44715(d)(1), the 2nd place 
                it appears in section 44715(d)(2), the 1st, 3rd, and 
                5th places it appears in section 44715(e), and the 2nd, 
                4th, and 6th places it appears in section 44715(f));
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies, the 3rd place it appears in section 
                44703(f)(2), the 3rd place it appears in section 
                44713(d)(2), the 2nd place it appears in section 44714, 
                the 2nd place it appears in section 44715(a)(2), the 
                1st, 4th, 7th, 9th, 10th, and 11th places it appears in 
                section 44715(c), the 1st and 3rd places it appears in 
                section 44715(d)(1), the 2nd place it appears in 
                section 44715(d)(2), the 1st, 3rd, and 5th places it 
                appears in section 44715(e), the 2nd, 4th, and 6th 
                places it appears in section 44715(f), and in section 
                44720(b)(2)) and inserting ``Administration'';
                    (C) in section 44702(d)(3) by striking 
                ``Administrator's'' and inserting ``Administration's'';
                    (D) in the subsection heading to section 44709(b) 
                by striking ``Administrator'' and inserting 
                ``Administration'';
                    (E) in section 44720(b)(2) by striking 
                ``Administrator'' each place it appears and inserting 
                ``Federal Aviation Administration'';
                    (F) by striking ``Secretary of Transportation'' 
                each place it appears (other than in sections 
                44712(b)(2) and 44723) and inserting ``Federal Aviation 
                Administration'';
                    (G) in section 44723 by striking ``Secretary of 
                Transportation'' and inserting ``Federal Aviation 
                Board''; and
                    (H) by striking ``Secretary'' each place it appears 
                (other than in sections 44712(b)(2) and 44720 and a 
                place to which subparagraph (F) or (G) applies) and 
                inserting ``Administration''.
            (10) Security.--Chapter 449 is amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears;
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies, the 1st two places it appears in section 
                44932(a), the 1st place it appears in section 44932(b), 
                the 1st place it appears in section 44932(c), the 5th 
                place it appears in section 44933(a), and each place it 
                appears in section 44934(b)) and inserting 
                ``Administration'';
                    (C) in section 44933(b)(4) by striking 
                ``Administrator's'' and inserting ``Administration's'';
                    (D) by striking the heading for section 44932 and 
                inserting ``Civil aviation security'';
                    (E) by striking subsection (a) of section 44932 and 
                redesignating subsections (b) and (c) as subsections 
                (a) and (b), respectively;
                    (F) in section 44932(a), as redesignated by 
                subparagraph (E), by striking ``Assistant 
                Administrator'' and inserting ``officer designated by 
                the Chief Executive Officer of the Federal Aviation 
                Administration'';
                    (G) in section 44932(b), as redesignated by 
                subparagraph (E), by striking ``Assistant 
                Administrator'' and inserting ``Administration'';
                    (H) in sections 44933(a) and 44934(b) by striking 
                ``Assistant Administrator for Civil Aviation Security'' 
                and inserting ``officer designated by the Chief 
                Executive Officer of the Administration'';
                    (I) in section 44934(b)(1) by striking ``Assistant 
                Administrator'' and inserting ``Administration'';
                    (J) by striking ``Secretary of Transportation'' 
                each place it appears (other than in sections 
                44903(b)(1), 44907(d)(1)(C), 44907(d)(3), 44907(e), 
                44907(f), 44911(b), 44912(a)(3), 44931, and 44938(a)) 
                and inserting ``Federal Aviation Administration'';
                    (K) by striking ``Secretary'' each place it appears 
                (other than a place to which subparagraph (J) applies, 
                the 1st place it appears in section 44903(d), in 
                section 44903(b)(1), the 2nd place it appears in 
                section 44907(b), the 3rd place it appears in section 
                44907(c), in section 44907(d)(1)(C), the 3rd place it 
                appears in section 44907(d)(2)(A)(ii), the 2nd and 3rd 
                places it appears in section 44907(d)(2)(B), in section 
                44907(d)(3), the 2nd place it appears in section 
                44907(d)(4), in sections 44907(e) and 44907(f), the 4th 
                place it appears in section 44908(a), the 1st place it 
                appears in section 44908(b), the 2nd place it appears 
                in section 44909(a), and in sections 44910, 44911, 
                44912(a)(3), 44931, 44934, and 44938(a)) and inserting 
                ``Administration'';
                    (L) in section 44905(g) by striking ``Department of 
                Transportation'' and inserting ``Federal Aviation 
                Administration'';
                    (M) in sections 44907(d)(1)(C), 44907(d)(3), 
                44907(e), and 44907(f) by inserting ``or Federal 
                Aviation Administration'' after ``of Transportation'';
                    (N) in section 44907(d)(3) by inserting ``or 
                Administration'' after ``Secretary'' the 2nd place it 
                appears; and
                    (O) in the chapter analysis by striking the item 
                relating to section 44932 and inserting the following:

``44932. Civil aviation security.''.
            (11) Alcohol and controlled substances testing.--Chapter 
        451 is amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears; and
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies) and inserting ``Administration''.
            (12) Fees.--Chapter 453 is amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears;
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies) and inserting ``Administration'';
                    (C) in section 45301(a) by inserting after 
                ``Secretary of Transportation'' the following: ``and 
                the Federal Aviation Administration, as the case may 
                be,''; and
                    (D) in section 45301(c)(4) by striking 
                ``Administrator's'' and inserting ``Administration's''.
            (13) Investigations and proceedings.--Chapter 461 is 
        amended--
                    (A) in sections 46101(a)(1), 46102(a), 46103(a)(1), 
                and 46104(a)--
                            (i) by striking ``(or the Administrator 
                        of'' and inserting ``(or''; and
                            (ii) by striking ``Administrator)'' and 
                        inserting ``Administration)'';
                    (B) by striking ``Administrator of the'' each place 
                it appears (other than a place to which subparagraph 
                (A)(i) applies and in section 46101(b));
                    (C) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                or (B) applies) and inserting ``Administration'';
                    (D) in section 46109 by inserting ``or the Federal 
                Aviation Administration'' after ``Transportation''; and
                    (E) in the subsection heading to section 46107(c) 
                by striking ``Administrator'' and inserting 
                ``Administration''.
            (14) Penalties.--Chapter 463 is amended--
                    (A) in section 46301(c)--
                            (i) by inserting ``by other than air'' 
                        after ``transportation'' in paragraph (1)(D);
                            (ii) by redesignating paragraph (2) as 
                        paragraph (3);
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) FAA notice and hearing.--The Federal Aviation 
        Administration may impose a civil penalty for violations under 
        subsection (a)(1) of this section related to the transportation 
        by air of hazardous material only after notice and an 
        opportunity for a hearing.'';
                            (iv) by inserting ``or Administration, as 
                        appropriate,'' after ``Secretary'' in paragraph 
                        (3), as so redesignated; and
                            (v) by striking ``paragraph (1) of'' in 
                        such paragraph (3).
                    (B) in section 46301(d)(2) by striking 
                ``Administrator of the'';
                    (C) in subsections (d) and (e) of section 46301--
                            (i) by striking ``Administrator'' each 
                        place it appears (other than a place to which 
                        subparagraph (A) applies) and inserting 
                        ``Administration''; and
                            (ii) by striking ``Secretary'' each place 
                        it appears and inserting ``Administration'';
                    (D) in section 46301(f) by inserting ``or 
                Administration, as the case may be,'' after 
                ``Secretary'';
                    (E) in section 46301(g) by inserting ``and an order 
                of the Administration'' before ``imposing'';
                    (F) in section 46301(h)(2) by striking the 
                parenthetical phrase and inserting ``or Administration, 
                as appropriate,'';
                    (G) in section 46302(b) by striking ``Secretary of 
                Transportation'' and inserting ``Federal Aviation 
                Administration'';
                    (H) in section 46303--
                            (i) by striking ``Secretary of 
                        Transportation'' and inserting ``Federal 
                        Aviation Administration''; and
                            (ii) by striking ``Administrator of the'';
                    (I) in section 46304--
                            (i) by striking ``Administrator of the''; 
                        and
                            (ii) by striking ``Administrator'' each 
                        place it appears (other than a place to which 
                        clause (i) applies) and inserting 
                        ``Administration'';
                    (J) in section 46306 by striking ``Administrator of 
                the'' each place it appears;
                    (K) in section 46308(2) by striking ``Administrator 
                of the'';
                    (L) in section 46311--
                            (i) by striking ``Administrator of the''; 
                        and
                            (ii) by striking ``Administrator'' each 
                        place it appears (other than a place to which 
                        clause (i) applies) and inserting 
                        ``Administration'';
                    (M) in section 46313--
                            (i) by striking ``Administrator of the''; 
                        and
                            (ii) by striking ``Administrator'' the 2nd 
                        place it appears and inserting 
                        ``Administration'';
                    (N) in section 46315(b)(1) by striking 
                ``Administrator of the''; and
                    (O) in section 46316(a)--
                            (i) by striking ``Administrator of the''; 
                        and
                            (ii) by striking ``Administrator'' the 2nd 
                        place it appears and inserting 
                        ``Administration''.
            (15) Special aircraft jurisdiction of united states.--
        Section 46505(d)(2) is amended by striking ``Administrator of 
        the''.
            (16) Airport development.--Chapter 471 is amended--
                    (A) by striking ``Secretary of Transportation'' 
                each place it appears (other than in section 
                47102(1)(A)) and inserting ``Federal Aviation 
                Administration'';
                    (B) by striking ``Secretary'' each place it appears 
                (other than a place to which subparagraph (A) applies, 
                in sections 47101(h), 47102(1)(A), 47102(1)(B)(i), 
                47103(a), 47103(c), 47106(c)(2), 47107(j)(4), 47110(e), 
                and 47112(b), and the 2nd and 3rd places it appears in 
                section 47153(b)) and inserting ``Administration'';
                    (C) in section 47106(c)(1)(B)(ii) by inserting ``of 
                the Environmental Protection Agency'' after 
                ``Administrator'';
                    (D) in section 47106(c)(2) by striking 
                ``Secretary'' and inserting ``Federal Aviation 
                Administration'';
                    (E) in sections 47106(c)(3) and 47110(d)(2)(B) by 
                striking ``Secretary's'' and inserting 
                ``Administration's'';
                    (F) in section 47107(k) by striking ``Public Works 
                and Transportation'' and inserting ``Transportation and 
                Infrastructure'';
                    (G) in section 47110(e)--
                            (i) by striking ``Secretary'' each place 
                        (other than the 2nd and 6th places) it appears 
                        and inserting ``Federal Aviation Board''; and
                            (ii) by striking ``Secretary'' the 2nd and 
                        6th places it appears and inserting ``Federal 
                        Aviation Administration'';
                    (H) in the heading for each of sections 47117(h), 
                47129(a)(3), and 47129(c) by striking ``Secretary'' and 
                inserting ``Administration'';
                    (I) in the subsection heading for section 47129(a) 
                by striking ``Secretary's'' and inserting 
                ``Administration's''; and
                    (J) in section 47130 by striking ``Administrator of 
                the''.
            (17) International airport facilities.--Chapter 473 is 
        amended--
                    (A) in section 47302--
                            (i) by striking ``Secretary of 
                        Transportation'' in subsection (a)(1) and 
                        inserting ``Federal Aviation Administration''; 
                        and
                            (ii) by striking ``Secretary of 
                        Transportation or'' in subsection (c) and 
                        inserting ``Federal Aviation Administration or 
                        the Secretary of'';
                    (B) in section 47303--
                            (i) by striking ``Secretary of 
                        Transportation or'' and inserting ``Federal 
                        Aviation Administration or the Secretary of''; 
                        and
                            (ii) in paragraph (1) by striking 
                        ``Secretary'' and inserting ``agency head'';
                    (C) in section 47304--
                            (i) by striking ``Secretary of 
                        Transportation or'' in subsection (a) and 
                        inserting ``Federal Aviation Administration or 
                        the Secretary of'';
                            (ii) by striking ``Secretary'' the 2nd and 
                        3rd places it appears in subsection (a) and 
                        inserting ``agency head'';
                            (iii) by striking ``Secretary of 
                        Transportation'' the 1st place it appears in 
                        subsection (b) and inserting ``Federal Aviation 
                        Administration'';
                            (iv) by striking ``Secretary of 
                        Transportation or'' in subsection (b)(2) and 
                        inserting ``Chief Executive Officer of the 
                        Federal Aviation Administration or the 
                        Secretary of'';
                            (v) by striking ``Secretary of 
                        Transportation'' each place it appears in 
                        subsection (c) and inserting ``Federal Aviation 
                        Administration''; and
                            (vi) by striking ``Secretary of 
                        Transportation or'' in subsection (d)(2) and 
                        inserting ``Chief Executive Officer of the 
                        Federal Aviation Administration or the 
                        Secretary of'';
                    (D) in section 47305--
                            (i) by striking ``Secretary of 
                        Transportation'' in subsection (a) and 
                        inserting ``Federal Aviation Administration'';
                            (ii) by striking ``Secretary'' the 3rd and 
                        4th places it appears in subsection (a) and 
                        inserting ``agency head''; and
                            (iii) by striking ``Secretary of 
                        Transportation or'' in subsection (b) and 
                        inserting ``Chief Executive Officer of the 
                        Federal Aviation Administration or the 
                        Secretary of''; and
                    (E) in section 47306 by striking ``Secretary of 
                Transportation'' and inserting ``Federal Aviation 
                Administration''.
            (18) Noise.--Chapter 475 is amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears (other than the 1st place it appears in 
                section 47502, the 2nd place it appears in section 
                47509(a), the 2nd place it appears in section 47509(c), 
                the 2nd place it appears in section 47509(d), and the 
                2nd place it appears in section 47509(e));
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies, the 1st place it appears in section 47502, the 
                2nd place it appears in section 47509(a), the 2nd place 
                it appears in section 47509(c), the 2nd place it 
                appears in section 47509(d), and the 2nd place it 
                appears in section 47509(e)) and inserting 
                ``Administration'';
                    (C) by striking ``Secretary of Transportation'' 
                each place it appears and inserting ``Federal Aviation 
                Administration''; and
                    (D) by striking ``Secretary'' each place it appears 
                (other than a place to which subparagraph (C) applies) 
                and inserting ``Administration''.
            (19) Financing.--Chapter 481 (other than section 48109) is 
        amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears;
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies) and inserting ``Administration'';
                    (C) by striking ``Secretary of Transportation'' 
                each place it appears and inserting ``Federal Aviation 
                Administration'';
                    (D) by striking ``Secretary'' each place it appears 
                (other than a place to which subparagraph (C) applies 
                and the 1st place it appears in section 48105) and 
                inserting ``Administration'';
                    (E) in section 48102(d)(2) by striking ``Public 
                Works and Transportation'' and inserting 
                ``Transportation and Infrastructure''; and
                    (F) in section 48108(b)(2) by striking ``Department 
                of Transportation'' and inserting ``Federal Aviation 
                Administration''.
            (20) Miscellaneous.--Chapter 491 is amended--
                    (A) by striking ``Administrator of the'' each place 
                it appears;
                    (B) by striking ``Administrator'' each place it 
                appears (other than a place to which subparagraph (A) 
                applies) and inserting ``Administration'';
                    (C) by striking ``Secretary of Transportation'' 
                each place it appears and inserting ``Federal Aviation 
                Administration''; and
                    (D) by striking ``Secretary'' each place it appears 
                (other than a place to which subparagraph (C) applies 
                and in section 49103(b)(1)) and inserting 
                ``Administration''.
            (21) Commercial space launch activities.--Subtitle IX is 
        amended--
                    (A) by striking ``Secretary of Transportation'' 
                each place it appears and inserting ``Federal Aviation 
                Administration'';
                    (B) by striking ``Secretary'' each place it appears 
                (other than a place to which subparagraph (A) applies, 
                the 1st place it appears in section 70109(a), the 2nd 
                place it appears in each of sections 70109(b), 
                70109(c), 70112(a)(2), and 70112(b)(2), the 2nd and 3rd 
                places it appears in each of sections 70116(a) and 
                70116(b), in section 70117(b)(2), and the 2nd place it 
                appears in each of sections 70303(b)(2) and 70304(a)) 
                and inserting ``Administration''; and
                    (C) in the subsection heading to section 70111(c) 
                by striking ``Secretary'' and inserting 
                ``Administration''.
    (d) Title 5, United States Code.--
            (1) Executive schedule pay rates.--
                    (A) Administrator.--Section 5313 of title 5, United 
                States Code, is amended by striking ``Administrator, 
                Federal Aviation Administration.''.
                    (B) Deputy administrator.--Section 5315 of such 
                title is amended by striking ``Deputy Administrator, 
                Federal Aviation Administration.''.
            (2) Definitions.--Section 2109 of title 5, United States 
        Code, is amended--
                    (A) by striking ``Department of Transportation'' 
                each place it appears and inserting ``Federal Aviation 
                Administration''; and
                    (B) by striking ``Secretary of Transportation'' and 
                inserting ``Chief Executive Officer of the Federal 
                Aviation Administration''.
            (3) Expense of training.--Section 4109(c) of title 5, 
        United States Code, is amended by striking ``Administrator, 
        Federal Aviation Administration,'' and inserting ``Federal 
        Aviation Administration''.
            (4) Reduction in retirement pay for former members of 
        uniform services.--Section 5532(f) of title 5, United States 
        Code, is repealed.
            (5) Differential pay.--Chapter 55 of title 5, United States 
        Code, is amended--
                    (A) in the heading to section 5546a by striking 
                ``the Federal Aviation Administration and'';
                    (B) in section 5546a(a) by striking ``Administrator 
                of the Federal Aviation Administration (hereafter in 
                this section referred to as the `Administrator') and 
                the'';
                    (C) in subsections (a)(1), (a)(2), (c), (d), (e), 
                and (f)(1) of section 5546a--
                            (i) by striking ``Administrator or the'' 
                        each place it appears; and
                            (ii) by striking ``the Federal Aviation 
                        Administration or'' each place it appears;
                    (D) by striking ``; and'' at the end of section 
                5546a(a)(2) and inserting a period;
                    (E) by striking paragraph (3) of section 5446a(a);
                    (F) in section 5546a(f)--
                            (i) by striking ``(1)''; and
                            (ii) by striking paragraph (2); and
                    (G) in the item relating to section 5546a of the 
                analysis for such chapter by striking ``the Federal 
                Aviation Administration and''.
    (e) Coast Guard Cooperation.--Chapter 5 of title 14, United States 
Code, is amended--
            (1) in the heading to section 82 by striking 
        ``Administrator of'';
            (2) in sections 81, 82, and 90(b) by striking ``the 
        Administrator of'' each place it appears;
            (3) in section 90(b) by striking ``Administrator may'' and 
        inserting ``Administration may''; and
            (4) in the item relating to section 82 of the analysis for 
        such chapter by striking ``Administrator of''.
    (f) Access to National Driver Register.--Section 30305(b)(3) of 
title 49, United States Code, is amended--
            (1) by striking ``the Administrator of''; and
            (2) by striking ``Administrator'' each place it appears 
        after the first and inserting ``Administration''.
    (g) Wolf Trap Farm Park.--The Wolf Trap Farm Park Act (16 U.S.C. 
284-284j) is amended--
            (1) in section 4(e)--
                    (A) by striking ``Administrator of the''; and
                    (B) by striking ``Administrator'' each place it 
                appears after the first and inserting 
                ``Administration''; and
            (2) in section 8(b) by striking ``Administrator of the'' 
        each place it appears.
    (h) Certification of Firearms.--Section 922(p)(5)(A) of title 18, 
United States Code, is amended by striking ``the Administrator of''.
    (i) National Air and Space Museum Advisory Board.--Section 1(a) of 
the Act entitled ``An Act to establish a national air museum, and for 
other purposes'', approved August 12, 1946 (20 U.S.C. 77(a)), is 
amended by striking ``Administrator of the Federal'' and all that 
follows through the first succeeding comma and inserting ``Chief 
Executive Officer of the Federal Aviation Administration,''.
    (j) Federal Property.--Section 602(d)(14) of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 474(d)(14)) is 
amended by striking ``Administrator of the'' and all that follows 
through ``or'' and inserting ``Federal Aviation Administration or''.
    (k) Noise Control.--The Noise Control Act of 1972 (42 U.S.C. 4901-
4918) is amended--
            (1) in section 12(a)(2)(B) (42 U.S.C. 4911(a)(2)(B))--
                    (A) by striking ``Administrator of the'';
                    (B) by striking ``611 of the Federal Aviation Act 
                of 1958'' and inserting ``44709(b)(1)(B) or 44715 of 
                title 49, United States Code,''; and
                    (C) by striking ``such Administrator'' each place 
                it appears and inserting ``such Administration'';
            (2) in the last sentence of section 12(a) by striking 
        ``such Administrator'' and inserting ``the agency'';
            (3) in section 12(b)(1)(A) by striking ``Administrator'' 
        the 2nd place it appears and inserting ``Administration'';
            (4) in sections 12(b)(1)(B) and 12(e) by striking 
        ``Administrator'' and inserting ``agency'';
            (5) in section 12(c)--
                    (A) by striking ``Administrator of the'' the 2nd 
                place it appears; and
                    (B) by striking ``611 of the Federal Aviation Act 
                of 1958,'' and inserting ``44715 of title 49, United 
                States Code,'';
            (6) in section 16(a) (42 U.S.C. 4915(a))--
                    (A) by striking ``Administrator of the'' the 2nd 
                place it appears;
                    (B) by striking ``611 of the Federal Aviation Act 
                of 1958'' and inserting ``44715 of title 49, United 
                States Code,''; and
                    (C) by striking ``Administrator'' the 3rd place it 
                appears and inserting ``agency'';
            (7) in section 16(b)--
                    (A) by inserting ``the Federal Aviation'' before 
                ``Administration''; and
                    (B) by striking ``Administrator'' each place it 
                appears after the 1st and inserting ``agency''; and
            (8) in section 16(c) by striking ``Administrator'' and 
        inserting ``agency''.
    (l) Phase-out of Halon.--Section 604(d)(3) of the Clean Air Act (42 
U.S.C. 7671c(d)(3)) is amended by striking ``Administrator of the'' 
each place it appears.

SEC. 15. REFERENCES.

    A reference in any law, regulation, document, record, map, or other 
paper of the United States to the Secretary of Transportation (and any 
reference to the Administrator of the Federal Aviation Administration) 
with respect to a function which under this Act (including the 
amendments made by this Act) is made a function of the Federal Aviation 
Administration established by section 1311 of title 49, United States 
Code, shall be deemed to be a reference to the Federal Aviation 
Administration established by such section.

SEC. 16. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act 
(including the amendments made by this Act) shall take effect on the 
90th day following the date of the enactment of this Act.
    (b) Exceptions.--Section 1312 of title 49, United States Code, and 
section 7 of this Act shall take effect on the date of the enactment of 
this Act. The amendments made by section 14(d)(5) of this Act, relating 
to differential pay, shall take effect on the date the Federal Aviation 
Board begins implementation of the personnel management system for the 
Federal Aviation Administration under section 1314(d)(2) of title 49, 
United States Code.

            Passed the House of Representatives March 12, 1996.

            Attest:

                                                                 Clerk.