[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1960 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1960

 To require the Secretary of Transportation to reorganize the Federal 
 Aviation Administration to ensure that the Administration carries out 
         only safety-related functions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 16, 1996

Ms. Snowe (for herself and Mr. Pressler) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Transportation to reorganize the Federal 
 Aviation Administration to ensure that the Administration carries out 
         only safety-related functions, 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. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Administration.--The term ``Administration'' means the 
        Federal Aviation Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (3) Air transportation.--The term ``air transportation'' 
        means foreign air transportation, interstate air 
        transportation, or the transportation of mail by aircraft.
            (4) Aircraft.--The term ``aircraft'' means any contrivance 
        invented, used, or designed to navigate, or fly in, the air.
            (5) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (6) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 2. REORGANIZATION.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Administrator, shall reorganize the Federal Aviation Administration in 
accordance with this Act.
    (b) Transfer of Functions.--In carrying out the reorganization 
under this Act, the Secretary shall transfer to another office of the 
Department any function of the Administration that is not directly 
related to the promotion of air safety.
    (c) Use of Funds.--In carrying out the reorganization under this 
Act, the Secretary is authorized to use funds made available for the 
Administration for the functions transferred to other offices of the 
Department under subsection (b)(1) to carry out those functions.

SEC. 3. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--Until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary or other authorized official, a court of 
competent jurisdiction, or by operation of law, all orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions shall continue if they are--
            (1) issued, made, granted, or allowed to become effective 
        by the President, any Federal agency or official thereof, or by 
        a court of competent jurisdiction, in the performance of 
        functions that are transferred under this Act; and
            (2) in effect on the date of enactment of this Act, or were 
        final before the date of enactment of this Act and are to 
        become effective on or after such date.
    (b) Proceedings Not Affected.--
            (1) In general.--The provisions of this Act shall not 
        affect any proceedings, including notices of proposed 
        rulemaking, or any application for any license, permit, or 
        financial assistance pending before the Federal Aviation 
        Administration on the date of enactment of this Act, and those 
        proceedings and applications 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 title had not been enacted, and 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.
            (4) Rule of construction.--Nothing in this subsection may 
        be construed to prohibit the discontinuance or modification of 
        any proceeding referred to in paragraph (1) under the same 
        terms and conditions, and to the same extent, that such 
        proceeding could have been discontinued if this Act had not 
        been enacted.
    (c) Suits Not Affected.--The provisions of this Act shall not 
affect suits commenced before the date of enactment of this Act. In all 
such suits, proceedings shall be had, appeals taken, and judgments 
rendered in the same manner and with the same effect as if this Act had 
not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Federal Aviation Administration or by and 
against any individual in the official capacity of such individual as 
an officer of the Federal Aviation Administration, shall abate by 
reason of the enactment of this Act.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the Federal Aviation Administration 
relating to a function transferred under this title may be continued by 
the Department with the same effect as if this title had not been 
enacted.

SEC. 4. REFERENCES.

    Reference in any other Federal law, Executive order, regulation, or 
any document relating to--
            (1) the Administrator, with regard to the functions 
        transferred under section 2, shall be deemed to refer to the 
        Secretary; and
            (2) the Administration, with regard to functions 
        transferred under section 2, shall be deemed to refer to the 
        Department.

SEC. 5. RECOMMENDED LEGISLATION.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall prepare and submit to the Congress recommended 
legislation containing technical and conforming amendments (including 
amendments to subtitle VII of title 49, United States Code) to reflect 
the changes made by this Act.
                                 <all>