[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2546 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2546
To enhance the safety of air travel through a more effective Federal
Aviation Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7 (legislative day, September 12), 1994
Mr. Ford introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To enhance the safety of air travel through a more effective Federal
Aviation Administration, 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
Independent Establishment Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the civil aviation industry in the United States has
experienced an unprecedented period of rapid development and
expansion over the past decade;
(2) the Federal Aviation Administration, an administration
within the Department of Transportation, has been charged by
the Congress with the responsibility for overseeing the safe
operation of this essential segment of the national economy;
(3) the Federal Aviation Administration operates the most
efficient air traffic control system in the world;
(4) the Federal Aviation Administration must be able to
move forward with its plans to modernize the air transportation
network in an efficient and cost effective manner to reduce
delays, provide more direct routing of aircraft, and facilitate
the use of satellite technology;
(5) funds must be collected from all of the users of the
air transportation system on an equitable basis and those funds
must be spent on improving the safety and efficiency of the air
transportation system;
(6) the ability to expand capacity of the air traffic
control system depends on a complex set of variables and the
Federal Aviation Administration must have sufficient funds,
resources and appropriate personnel to manage the future air
traffic control system;
(7) the ability to expand capacity of the air traffic
control system is highly dependent upon sufficient runway and
airport capacity, and as such, Congress must ensure that
appropriate funds are provided to fund the airport improvement
program;
(8) the Federal Aviation Administration must oversee the
growth and development of the entire air transportation system,
and coordinate and facilitate research, development,
implementation and installation of new technology, new runways
and new airports;
(9) the Federal Aviation Administration must coordinate its
modernization plans with the ultimate users of the systems and
seek input from the users and air traffic controllers, on how
best to proceed with modernization efforts;
(10) the importance of the airport and airway system to our
national defense and the need for a working relationship
between civil and military aviation necessitates the continued
highly successful relationship and cooperative efforts between
the Federal Aviation Administration and the Department of
Defense;
(11) to assure air safety through the continued
modernization and expansion of the Nation's system of airports
and airways, the Federal Aviation Administration must continue
to emphasize research and development projects; and
(12) if the Federal Aviation Administration is provided
with greater autonomy and consistent leadership, it can be
expected to exercise vigorously its prerogatives with the
direction and guidance of the President and under the ongoing
oversight of the Congress.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Administration'' means the Federal Aviation
Administration established under section 4; and
(2) the term ``Administrator'' means the Administrator of
the Federal Aviation Administration appointed under section
5(a).
SEC. 4. ESTABLISHMENT.
There is established as an independent establishment of the
Government 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 set
forth in section 28(a).
SEC. 5. OFFICERS.
(a) The Administration shall be administered by an Administrator,
who shall be appointed by the President to a 5-year term of office, by
and with the advice and consent of the Senate. Under the supervision
and direction of the President, the Administrator shall carry out all
functions transferred to the Administrator by this Act and shall have
authority and control over all personnel, programs, and activities of
the Administration. The Administrator may be removed by the President
for neglect of duty or malfeasance in office. The Administrator shall
be compensated at the rate prescribed for level I of the Executive
Schedule pay rates.
(b) There shall be in the Administration a Deputy Administrator,
who shall be appointed by the Administrator. The Deputy Administrator
shall perform such functions, duties, and powers as the Administrator
shall prescribe. The Deputy Administrator shall act for and perform the
functions of the Administrator when the Administrator is absent or
unable to serve, or when the office of the Administrator is vacant. The
Deputy Administrator shall be compensated at the rate prescribed for
level II of the Executive Schedule pay rates.
(c) There shall be in the Administration a maximum of 8 Assistant
Administrators, who shall be appointed by the Administrator. The
Assistant Administrators shall perform such functions as the
Administrator shall prescribe. The Administrator shall designate the
order in which the Assistant Administrators shall act for and perform
the functions of the Administrator when the Administrator, or in the
Administrator's place the Deputy Administrator, is absent or unable to
serve, or when the offices of the Administrator and the Deputy
Administrator are vacant. An Assistant Administrator shall be
compensated at the rate prescribed for level IV in the Executive
Schedule pay rates.
(d) There shall be in the Administration a Chief Counsel, who shall
be appointed by the Administrator. The Chief Counsel shall be the chief
legal officer for all legal matters arising from the conduct of the
functions of the Administration. The Chief Counsel shall be compensated
at the rate prescribed for level IV of the Executive Schedule pay
rates.
(e) There shall be in the Administration an Inspector General
appointed in accordance with the Inspector General Act of 1978,
approved October 12, 1978 (5 App. U.S.C.). The Inspector General shall
be compensated at the rate prescribed for level IV of the Executive
Schedule pay rates.
(f)(1) Each of the officers referred to in this section must be a
citizen of the United States. The Administrator must be a civilian.
(2) Such officers may not have a pecuniary interest in, or own
stock in or bonds of, an aeronautical enterprise, or engage in another
business, vocation, or employment.
SEC. 6. POWERS.
(a) The Administrator shall be responsible for the exercise of all
powers and the discharge of all duties of the Administration.
(b) In carrying out the functions of the Administration under this
Act, the Administrator shall be governed by all applicable statutes,
including the policy standards set forth in subtitle VII of title 49
United States Code.
(c) Nothing in this Act shall be construed to limit in any manner
the authority of the Administrator to promote safety by establishing
and administering accident prevention programs, encouraging airport
development, educating the public on the importance of aeronautics, and
encouraging the adoption of worldwide safety standards.
(d) Decisions of the Administrator made pursuant to the exercise of
the functions enumerated in subtitle VII of title 49, United States
Code, 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. 7. TRANSFERS AND INCIDENTAL PROVISIONS.
(a) The following are transferred to the Administration:
(1) All functions vested by law in the Federal Aviation
Administration of the Department of Transportation or its
Administrator, and all functions vested by law in the Secretary
of Transportation or the Department of Transportation which are
administered through the Federal Aviation Administration,
including those exercised under Subtitle VII of Title 49,
United States Code, except for those functions exercised under
section 40104 of title 49, United States Code, relative to
fostering the development of civil aeronautics and air
commerce, and exercised by the Secretary of Transportation
under Part A, Subpart II (Economic Regulation) of such
Subtitle.
(2) The functions of the Department of Transportation or
the Federal Aviation Administration of the Department of
Transportation necessary and appropriate for the performance of
the functions transferred by paragraph (1) of this subsection.
(3) So much of the personnel, property, records, funds,
accounts, and unexpended balances of appropriations,
allocations, and other moneys of the Department of
Transportation as are employed, used, held, available, or to be
made available in connection with the functions transferred by
paragraphs (1) and (2) of this subsection.
(b) The personnel transferred under this section shall be so
transferred without reduction in classification or compensation, except
that after such transfer, such personnel shall be subject to changes in
classification or compensation in the same manner, to the same extent,
and according to the same procedure, as provided by law.
(c) The Administrator shall exercise all functions transferred by
subsection (a) of this section and any other function vested in the
Federal Aviation Administration or the Administrator of the Federal
Aviation Administration by any law enacted on or after the date of
enactment of this Act. The Administrator may from time to time make
such provisions as the Administrator shall deem appropriate authorizing
the performance by any other officer, employee, or office of the
Administration of such functions.
SEC. 8. DEVELOPMENT PLAN.
The Administrator shall prepare a 3-year development plan outlining
goals and objectives for personnel, technology, and regulation in such
areas as air traffic control, aviation standards, airport security,
airport and airway development, and research and development. The plan
shall, not later than January 1, 1996, be submitted to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Public Works and Transportation in the House of Representatives, and
updated plans shall be so submitted every 3 years thereafter.
SEC. 9. RULES; REGULATIONS.
(a) In the performance of the functions of the Administrator and
the Administration, the Administrator is authorized to make,
promulgate, issue, rescind, and amend rules and regulations. The
promulgation of such rules and regulations shall be governed by the
provisions of chapter 5 of title 5, United States Code.
(b) The Administrator shall consider comments and recommendations
submitted by the Secretary of Transportation in response to any notice
of proposed rulemaking by the Administrator, and shall address the
comments raised by the Secretary during the course of the rulemaking,
providing an explanation of any decision not to adopt a recommendation
by the Secretary.
SEC. 10. DELEGATION.
Except as otherwise provided in this Act, the Administrator may
delegate any function to such officers and employees of the
Administration as the Administrator may designate, and may authorize
such successive redelegations of such functions in the Administration
as may be necessary or appropriate. No delegation of functions by the
Administrator under this section or under any other provision of this
Act shall relieve the Administrator of responsibility for the
administration of such functions.
SEC. 11. PERSONNEL AND SERVICES.
(a) In the performance of the functions of the Administrator and in
addition to the officers provided for by section 5, the Administrator
is authorized to appoint, transfer, and fix the compensation of such
officers and employees, including attorneys, as may be necessary to
carry out the functions of the Administrator and the Administration.
Except as otherwise provided by law, such officers and employees shall
be appointed in accordance with the civil service laws and compensated
in accordance with title 5, United States Code.
(b) The Administrator is authorized to obtain the services of
experts and consultants in accordance with section 3109 of title 5,
United States Code.
(c) The Administrator is authorized to pay transportation expenses,
and per diem in lieu of subsistence expenses, in accordance with
chapter 57 of title 5, United States Code.
(d) The Administrator is authorized to utilize, on a reimbursable
basis, the services of personnel of any Federal agency.
(e)(1)(A) The Administrator is authorized to accept voluntary and
uncompensated services without regard to the provisions of section 1342
of title 31, United States Code, if such services will not be used to
displace Federal employees employed on a full-time, part-time, or
seasonal basis.
(B) The Administrator is authorized to accept volunteer service in
accordance with the provisions of section 3111 of title 5, United
States Code.
(2) The Administrator is authorized to provide for incidental
expenses, including transportation, lodging, and subsistence for such
volunteers.
(3) An individual who provides voluntary services under this
subsection shall not be considered a Federal employee for any purpose
other than for purposes of chapter 81 of title 5, United States Code,
relating to compensation for work injuries, and chapter 171 of title
28, United States Code, relating to tort claims.
(f)(1) The Administrator is authorized to grant to any employee of
the Administration an incentive allowance of not to exceed 20 percent
of the basic pay of the employee if necessary to provide safe and
efficient service in major facilities which the Administrator finds--
(A) are critical to the national airspace system;
(B) have been chronically understaffed; or
(C) are in remote or high cost locations.
(2) An incentive allowance may be granted under paragraph (1) only
if--
(A) the Administrator transmits a full written explanation
of the proposed allowance and the reasons therefor, including
the basis for each required determination and finding, to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Public Works and Transportation of
the House of Representatives; and
(B) the 60-day period immediately following the
transmission of such written explanation has expired.
(g) The Administrator shall study ways to compensate or otherwise
provide additional incentives to encourage employees to seek, accept,
and remain in supervisory and managerial positions, including
compensation opportunities that are at least as substantial as those
available to employees in nonsupervisory and nonmanagerial positions of
comparable grades within the General Schedule. The Administrator shall,
not later than 6 months after the effective date of this section,
report to Congress on the results of such study, including any
recommendations for legislative action.
SEC. 12. CONTRACTS.
The Administrator is authorized to enter into and perform such
contracts, leases, cooperative agreements, or other transactions as may
be necessary to carry out the functions of the Administrator and the
Administration. The Administrator may enter into such contracts,
leases, agreements, and transactions with any Federal agency or any
instrumentality of the United States, or with any State, territory, or
possession, or with any political subdivision thereof, or with any
person, firm, association, corporation, or educational institution, on
such terms and conditions as the Administrator may consider
appropriate. The authority of the Administrator to enter into contracts
and leases under this section shall be to such extent or in such
amounts as are provided in appropriation Acts.
SEC. 13. FINANCE AND BUDGET.
(a)(1) There is established in the Treasury of the United States a
trust fund to be known as the ``Aviation Trust Fund Account'',
consisting of such amounts as may be appropriated or credited to the
Aviation Trust Fund Account as provided in this subsection and section
9502(a) of the Internal Revenue Code of 1986 (26 U.S.C. 9502(a)), as
amended by paragraph (2) of this subsection.
(2) There are appropriated to the Aviation Trust Fund Account
amounts determined by the Secretary of the Treasury to be equivalent to
those taxes described in section 9502(b) of the Internal Revenue Code
of 1986 (26 U.S.C. 9502(b)) received after September 30, 1995.
(3) There are authorized to be appropriated to the Aviation Trust
Fund Account such additional sums as may be required to make the
expenditures referred to in paragraph (5) of this subsection.
(4) The Secretary of the Treasury shall invest such portion of the
Aviation Trust Fund Account as is not,
in the Secretary's judgment, required to meet current withdrawals. The
interest on, and the proceeds from, any such investments shall be
credited to and form a part of the Aviation Trust Fund Account.
(5) Amounts in the Aviation Trust Fund Account shall be available,
without further appropriation, for making expenditures after October 1,
1995, to meet those obligations of the United States incurred by the
Administration--
(A) under subtitle VII of title 49, United States Code; or
(B) for administrative expenses attributable to the
activities described in subparagraphs (A) and (B).
(6)(A) Section 9502(a) of the Internal Revenue Code of 1986 (26
U.S.C. 9502(a)) is amended by inserting immediately before the period
at the end the following: ``, except that the interest and proceeds
received after October 1, 1995, as a result of Trust Fund investments
under section 9602(b) shall be credited to the Aviation Trust Fund
Account established by section 14 of the Federal Aviation
Administration Independent Establishment Act of 1994.''.
(B) Section 9502(b) of the Internal Revenue Code of 1986 (26 U.S.C.
9502(b)) is amended by striking ``January 1, 1991'' each place it
appears and inserting in lieu thereof ``October 1, 1995''.
(C) Section 9502(d) of the Internal Revenue Code of 1986 (26 U.S.C.
9502(d)) is amended--
(1) in paragraph (2) by inserting ``and before October 1,
1995,'' immediately after ``August 31, 1982,''; and
(2) in paragraph (3) by inserting ``and before October 1,
1995'' immediately after ``August 31, 1982''.
(D) Section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502) is amended by adding at the end the following new subsection:
``(e) Termination of Airport and Airway Trust Fund.--The Airport
and Airway Trust Fund shall terminate on October 1, 1996, and all
amounts in such Trust Fund shall be transferred upon termination to the
Aviation Trust Fund Account established by section 14 of the Federal
Aviation Administration Independent Establishment Act of 1994.''.
(b) Notwithstanding any other provision of law, the receipts and
disbursements of the Aviation Trust Fund Account shall not, for any
fiscal year--
(1) be counted in calculating the deficit under section
3(6) of the Congressional Budget and Impoundment Control Act of
1974 (2 U.S.C. 622(6)) for purposes of comparison with the
maximum deficit amount under the Balanced Budget and Emergency
Deficit Control Act of 1985;
(2) be counted in calculating the excess deficit for
purposes of sections 251 and 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901 and 902);
or
(3) be subject to sequestration or reduction under such
sections 251 and 252.
(c)(1) Each year the Administrator shall prepare a budget for the
Administration, which shall contain estimates of the financial
condition and operations of the Administration for the current and
ensuing four fiscal years, and the actual condition and results of
operations for the last completed fiscal year. Such budget shall be
submitted to the Office of Management and Budget, under such rules and
regulations as the President may establish as to the date of
submission, the form and content, the classification of data, and the
manner in which such reports shall be prepared and presented. The
budget shall identify separately the programs, projects, and activities
determined by the Administrator to be appropriate for obligation from
the Trust Fund pursuant to the provisions of this section. The budget
submission shall also include a statement of income and expenses, and
analysis of surplus or deficit, and any other such supplementary
information as is necessary or desirable to make known about the
financial condition and operations of the Administration. The annual
budget shall be included in the budget submitted by the President
pursuant to chapter 11 of title 31, United States Code.
(2) For fiscal years beginning after September 30, 1995, the
Director of the Office of Management and Budget, after consulting with
the Director of the Congressional Budget Office and the Joint Committee
on Taxation, shall prepare an estimate of revenues and receipts that
will be appropriated or credited to the Aviation Trust Fund Account
established by subsection (a) of this section. In no event shall
expenditures authorized by the Administrator for any fiscal year exceed
the amount of such revenues and receipts estimated for that year
pursuant to this subsection.
(3) In the budget prepared pursuant to paragraph (1) of this
subsection, the Administrator shall identify all expected expenditures
from the Aviation Trust Fund Account by program, project, or activity.
(4) The Administrator shall report to the appropriate committees of
the Senate and House of Representatives by April 15 of each year on any
changes in planned expenditures from the Aviation Trust Fund Account
for the upcoming fiscal year pursuant to paragraph (3) of this
subsection. Consistent with the provisions of this section, the
Administrator may thereafter modify the report and shall advise in
writing the appropriate committees of the Senate and House of
Representatives regarding any such modification.
(d)(1) In preparing the budget report pursuant to subsection (c) of
this section and in approving for expenditures from the Aviation Trust
Fund Account for programs, projects, and activities under this section,
the Administrator shall
(A) approve for obligation capital projects in amounts up
to the limit of authorizations provided by law, and
(B) from available funds not obligated under subparagraph
(A), approve for obligation non-capital activities authorized
by law.
(2) The budgetary resources available for obligation for each
fiscal year after September 30, 1995, from the Aviation Trust Fund
Account shall be obligated in accordance with the most recent report of
the Administrator pursuant to subsections (c) and (d) of this section.
(e) For fiscal years beginning after September 30, 1995, committees
in the Senate and House of Representatives with jurisdiction to
authorize and appropriate new budget authority for programs of the
Administration shall authorize and appropriate such new budget
authority for periods of two fiscal years.
SEC. 14. USE OF FACILITIES.
With their consent, the Administrator may, with or without
reimbursement, use the services, equipment, personnel, and facilities
of Federal agencies and other public and private agencies, and may
cooperate with other public and private agencies and instrumentalities
in the use of services, equipment, personnel, and facilities. The head
of each Federal agency shall cooperate fully with the Administrator in
making the services, equipment, personnel, and facilities of the
Federal agency available to the Administrator. The head of a Federal
agency is authorized, notwithstanding any other provision of law, to
transfer to or to receive from the Administration, without
reimbursement, supplies and equipment other than administrative
supplies or equipment.
SEC. 15. ACQUISITION AND MAINTENANCE OF PROPERTY.
(a) The Administrator is authorized--
(1) to acquire (by purchase, lease, condemnation, or
otherwise), construct, improve, repair, operate, and maintain--
(A) air traffic control facilities and equipment;
(B) research and testing sites and facilities; and
(C) such other real and personal property
(including office space and patents), or any interest
therein within and outside the continental United
States, as the Administrator considers necessary;
(2) to lease to others such real and personal property; and
(3) to provide by contract or otherwise for eating
facilities and other necessary facilities for the welfare of
employees of the Administration at its installations and to
purchase and maintain equipment for such facilities.
(b) Title to any property or interest therein acquired pursuant to
this section shall be in the United States.
(c) The authority granted by subsection (a) shall be available only
with respect to facilities of a special purpose nature which the
Administrator determines cannot readily be reassigned from similar
Federal activities and are not otherwise available for assignment to
the Administration by the Administrator of General Services.
(d) The authority of the Administrator to enter into contracts and
leases under this section shall be to such extent or in such amounts as
are provided in appropriation Acts.
SEC. 16. FACILITIES AT REMOTE LOCATIONS.
(a) The Administrator is authorized to provide, construct, or
maintain for employees and their dependents stationed at remote
locations as necessary and when not otherwise available at such remote
locations--
(1) emergency medical services and supplies;
(2) food and other subsistence supplies;
(3) meeting facilities;
(4) audiovisual equipment, accessories, and supplies for
recreation and training;
(5) reimbursement for food, clothing, medicine, and other
supplies furnished by such employees in emergencies for the
temporary relief of distressed persons;
(6) living and working quarters and facilities; and
(7) transportation for school-age dependents of employees
to the nearest appropriate educational facilities.
(b) The furnishing of medical treatment under subsection (a)(1) and
the furnishing of services and supplies under subsection (a)(2) shall
be at prices reflecting reasonable value as determined by the
Administrator.
(c) Proceeds derived from reimbursements under this section shall
be deposited in the Treasury and may be withdrawn by the Administrator
to pay directly the cost of work or services provided under this
section, to repay or make advances to appropriations of funds which do
or will bear all or a part of such cost, or to refund excess sums when
necessary, except that such payments may be credited to a service or
working capital fund otherwise established by law, and used under the
law governing such funds if the fund is available for use by the
Administrator for performing the work or services for which payment is
received.
SEC. 17. ADVISORY COMMITTEE.
(a) There is established an advisory committee which shall be known
as the Federal Aviation Advisory Committee (hereafter in this section
referred to as the ``Advisory Committee'').
(b) The Advisory Committee shall consist of 5 members, who shall
consist of--
(1) the Secretary of Transportation (who shall serve as
Chairman);
(2) 2 members appointed by the Chairman and Ranking
Minority Member of the Committee on Commerce, Science, and
Transportation of the Senate; and
(3) 2 members appointed by the Chairman and Ranking
Minority Member of the Committee on Public Works and
Transportation of the House of Representatives.
(c) Each individual appointed under subsection (b) (2) and (3) as a
member of the Advisory Committee shall be knowledgeable about matters
involving aviation.
(d) The Advisory Committee shall provide advice and counsel to the
Administrator on issues which affect or are affected by the operations
of the Administrator.
(e) Members of the Advisory Committee, including replacement
members appointed to fill a vacancy, shall be appointed to serve until
the Advisory Committee is terminated pursuant to subsection (h).
(f) Each member of the 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, United States Code.
(g) The Administrator shall make available to the Advisory
Committee such staff, information, and administrative services and
assistance as may reasonably be required to enable the Advisory
Committee to carry out its responsibilities under this section.
(h) The Advisory Committee shall cease to be in effect on the date
that is 2 years after the effective date of this section.
SEC. 18. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.
The Administrator is authorized to accept transfers from other
Federal agencies to funds which are available to carry out functions
transferred by this Act to the Administrator or functions assigned by
law to the Administrator on or after the date of enactment of this Act.
SEC. 19. SEAL OF ADMINISTRATION.
The Administrator shall cause a seal of office to be made for the
Administration of such design as the Administrator shall approve.
Judicial notice shall be taken of such seal.
SEC. 20. STATUS OF ADMINISTRATION UNDER CERTAIN LAWS.
For purposes of section 551 of title 5, United States Code, the
Administration is an agency. For purposes of chapter 9 of such title,
the Administration is an independent regulatory agency.
SEC. 21. SAVINGS PROVISIONS.
(a) 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, any Federal department or
agency or official thereof, or by a court of competent
jurisdiction, on or after the date of enactment of this Act, in
regard to functions which are transferred under this Act to the
Administration, and
(2) which are in effect at the time of the effective date
set forth in section 28(a), shall continue in effect according
to their terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the President, the
Administrator or other authorized officials, a court of
competent jurisdiction, or by operation of law.
(b) The provisions of this Act shall not affect any proceedings or
any application for any license, permit, certificate, or financial
assistance pending at the time of the effective date set forth in
section 28(a); and such proceedings and applications, to the extent
that they relate to functions so transferred, shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and 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)(1) The provisions of this Act shall not affect suits commenced
prior to the effective date set forth in section 28(a).
(2) In all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and effect as if this Act had not
been enacted.
(d) In any case involving one or more officers required by this Act
to be appointed by and with the advice and consent of the Senate who
shall not have entered upon office on the effective date set forth in
section 28(a), the President may designate any officer whose
appointment was required to be made by and with the advice and consent
of the Senate, and who was such an officer immediately prior to the
effective date set forth in section 28(a), to act in such office until
the office is filled as provided in this Act. While so acting, any such
person shall receive compensation at the rates provided by this Act of
the respective office in which he or she acts.
SEC. 22. LAWS AND REGULATIONS.
Except to the extent otherwise provided in this Act, all laws,
rules, and regulations in effect and applicable to the Federal Aviation
Administration of the Department of Transportation and to the
Administrator of such Administration on the date immediately preceding
the effective date set forth in section 28(a) shall, on and after such
effective date, be applicable to the Federal Aviation Administration
and the Administrator established by this Act, until such law, rule, or
regulation is repealed or otherwise modified or amended.
SEC. 23. AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.
Section 2 of the Inspector General Act of 1978, approved October
12, 1978 (5 App. U.S.C.) is amended by inserting ``Federal Aviation
Administration,'' immediately after ``Veterans' Administration,''.
SEC. 24. AMENDMENTS TO GENERAL SCHEDULE.
(a) Section 5312 of title 5, United States Code, is amended by
adding at the end the following:
``Administrator, Federal Aviation Administration.''.
(b) Section 5313 of title 5, United States Code, is amended by
striking ``Administrator, Federal Aviation Administration.'' and
inserting in lieu thereof the following: ``Deputy Administrator,
Federal Aviation Administration.''.
(c) Section 5315 of title 5, United States Code, is amended by
striking ``Deputy Administrator, Federal Aviation Administration.'' and
inserting in lieu thereof the following: ``Assistant Administrators,
Federal Aviation Administration (8).
``Chief Counsel, Federal Aviation Administration.''.
(d) Section 5316 of title 5, United States Code, is amended by
adding at the end of the following:
``Inspector General, Federal Aviation Administration.''.
SEC. 25. EFFECTIVE DATES.
The provisions of this Act shall take effect upon the expiration of
the 180-day period following the date of enactment of this Act.
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