
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 103(a)]
[Document affected by Public Law 106-181 Section 302(a)-(c)]
[Document affected by Public Law 106-181 Section 303]
[Document affected by Public Law 106-181 Section 305,]
[Document affected by Public Law 106-181 Section 307(c)(1)]
[Document affected by Public Law 106-181 Section 701]
[Document affected by Public Law 106-528 Section 8(a)]
[Document affected by Public Law 107-71 Section 101(c)(3),]
[Document affected by Public Law 106-181 Section 3]
[Document affected by Public Law 106-181 Section 302(d)]
[Document affected by Public Law 106-181 Section 903]
[Document affected by Public Law 106-346 Section 101(a)[303]]
[Document affected by Public Law 106-528 Section 9]
[Document affected by Public Law 106-181 Section 307(d)]
[CITE: 49USC106]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                         CHAPTER 1--ORGANIZATION
 
Sec. 106. Federal Aviation Administration

    (a) The Federal Aviation Administration is an administration in the 
Department of Transportation.
    (b) The head of the Administration is the Administrator. The 
Administration has a Deputy Administrator. They are appointed by the 
President, by and with the advice and consent of the Senate. When making 
an appointment, the President shall consider the fitness of the 
individual to carry out efficiently the duties and powers of the office. 
Except as provided in subsection (f) or in other provisions of law, the 
Administrator reports directly to the Secretary of Transportation. The 
term of office for any individual appointed as Administrator after 
August 23, 1994, shall be 5 years.
    (c) The Administrator must--
        (1) be a citizen of the United States;
        (2) be a civilian; and
        (3) have experience in a field directly related to aviation.

    (d)(1) The Deputy Administrator must be a citizen of the United 
States and have experience in a field directly related to aviation. An 
officer on active duty in an armed force may be appointed as Deputy 
Administrator. However, if the Administrator is a former regular officer 
of an armed force, the Deputy Administrator may not be an officer on 
active duty in an armed force, a retired regular officer of an armed 
force, or a former regular officer of an armed force.
    (2) An officer on active duty or a retired officer serving as Deputy 
Administrator is entitled to hold a rank and grade not lower than that 
held when appointed as Deputy Administrator. The Deputy Administrator 
may elect to receive (A) the pay provided by law for the Deputy 
Administrator, or (B) the pay and allowances or the retired pay of the 
military grade held. If the Deputy Administrator elects to receive the 
military pay and allowances or retired pay, the Administration shall 
reimburse the appropriate military department from funds available for 
the expenses of the Administration.
    (3) The appointment and service of a member of the armed forces as a 
Deputy Administrator does not affect the status, office, rank, or grade 
held by that member, or a right or benefit arising from the status, 
office, rank, or grade. The Secretary of a military department does not 
control the member when the member is carrying out duties and powers of 
the Deputy Administrator.
    (e) The Administrator and the Deputy Administrator 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.
    (f) Authority of the Secretary and the Administrator.--
        (1) Authority of the secretary.--Except as provided in paragraph 
    (2), the Secretary of Transportation shall carry out the duties and 
    powers, and controls the personnel and activities, of the 
    Administration. Neither the Secretary nor the Administrator may 
    submit decisions for the approval of, or be bound by the decisions 
    or recommendations of, a committee, board, or organization 
    established by executive order.
        (2) Authority of the administrator.--The Administrator--
            (A) is the final authority for carrying out all functions, 
        powers, and duties of the Administration relating to--
                (i) the appointment and employment of all officers and 
            employees of the Administration (other than Presidential and 
            political appointees);
                (ii) the acquisition and maintenance of property and 
            equipment of the Administration;
                (iii) except as otherwise provided in paragraph (3), the 
            promulgation of regulations, rules, orders, circulars, 
            bulletins, and other official publications of the 
            Administration; and
                (iv) any obligation imposed on the Administrator, or 
            power conferred on the Administrator, by the Air Traffic 
            Management System Performance Improvement Act of 1996 (or 
            any amendment made by that Act);

            (B) shall offer advice and counsel to the President with 
        respect to the appointment and qualifications of any officer or 
        employee of the Administration to be appointed by the President 
        or as a political appointee;
            (C) may delegate, and authorize successive redelegations of, 
        to an officer or employee of the Administration any function, 
        power, or duty conferred upon the Administrator, unless such 
        delegation is prohibited by law; and
            (D) except as otherwise provided for in this title, and 
        notwithstanding any other provision of law, shall not be 
        required to coordinate, submit for approval or concurrence, or 
        seek the advice or views of the Secretary or any other officer 
        or employee of the Department of Transportation on any matter 
        with respect to which the Administrator is the final authority.

        (3) Regulations.--
            (A) In general.--In the performance of the functions of the 
        Administrator and the Administration, the Administrator is 
        authorized to issue, rescind, and revise such regulations as are 
        necessary to carry out those functions. The issuance of such 
        regulations shall be governed by the provisions of chapter 5 of 
        title 5. The Administrator shall act upon all petitions for 
        rulemaking no later than 6 months after the date such petitions 
        are filed by dismissing such petitions, by informing the 
        petitioner of an intention to dismiss, or by issuing a notice of 
        proposed rulemaking or advanced notice of proposed rulemaking. 
        The Administrator shall issue a final regulation, or take other 
        final action, not later than 16 months after the last day of the 
        public comment period for the regulations or, in the case of an 
        advanced notice of proposed rulemaking, if issued, not later 
        than 24 months after the date of publication in the Federal 
        Register of notice of the proposed rulemaking.
            (B) Approval of secretary of transportation.--(i) The 
        Administrator may not issue a proposed regulation or final 
        regulation that is likely to result in the expenditure by State, 
        local, and tribal governments in the aggregate, or by the 
        private sector, of $100,000,000 or more (adjusted annually for 
        inflation beginning with the year following the date of the 
        enactment of the Air Traffic Management System Performance 
        Improvement Act of 1996) in any year, or any regulation which is 
        significant, unless the Secretary of Transportation approves the 
        issuance of the regulation in advance. For purposes of this 
        paragraph, a regulation is significant if the Administrator, in 
        consultation with the Secretary (as appropriate), determines 
        that the regulation is likely to--
                (I) have an annual effect on the economy of $100,000,000 
            or more or adversely affect in a material way the economy, a 
            sector of the economy, productivity, competition, jobs, the 
            environment, public health or safety, or State, local, or 
            tribal governments or communities;
                (II) create a serious inconsistency or otherwise 
            interfere with an action taken or planned by another agency;
                (III) materially alter the budgetary impact of 
            entitlements, grants, user fees, or loan programs or the 
            rights and obligations of recipients thereof; or
                (IV) raise novel legal or policy issues arising out of 
            legal mandates.

            (ii) In an emergency, the Administrator may issue a 
        regulation described in clause (i) without prior approval by the 
        Secretary, but any such emergency regulation is subject to 
        ratification by the Secretary after it is issued and shall be 
        rescinded by the Administrator within 5 days (excluding 
        Saturdays, Sundays, and legal public holidays) after issuance if 
        the Secretary fails to ratify its issuance.
            (iii) Any regulation that does not meet the criteria of 
        clause (i), and any regulation or other action that is a routine 
        or frequent action or a procedural action, may be issued by the 
        Administrator without review or approval by the Secretary.
            (iv) The Administrator shall submit a copy of any regulation 
        requiring approval by the Secretary under clause (i) to the 
        Secretary, who shall either approve it or return it to the 
        Administrator with comments within 45 days after receiving it.
            (C) Periodic review.--(i) Beginning on the date which is 3 
        years after the date of the enactment of the Air Traffic 
        Management System Performance Improvement Act of 1996, the 
        Administrator shall review any unusually burdensome regulation 
        issued by the Administrator after such date of enactment 
        beginning not later than 3 years after the effective date of the 
        regulation to determine if the cost assumptions were accurate, 
        the benefit of the regulations, and the need to continue such 
        regulations in force in their present form.
            (ii) The Administrator may identify for review under the 
        criteria set forth in clause (i) unusually burdensome 
        regulations that were issued before the date of the enactment of 
        the Air Traffic Management System Performance Improvement Act of 
        1996 and that have been in force for more than 3 years.
            (iii) For purposes of this subparagraph, the term 
        ``unusually burdensome regulation'' means any regulation that 
        results 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 beginning 
        with the year following the date of the enactment of the Air 
        Traffic Management System Performance Act of 1996) in any year.
            (iv) The periodic review of regulations may be performed by 
        advisory committees and the Management Advisory Council 
        established under subsection (p).

        (4) Definition of political appointee.--For purposes of this 
    subsection, the term ``political appointee'' means any individual 
    who--
            (A) is employed in a position listed in sections 5312 
        through 5316 of title 5 (relating to the Executive Schedule);
            (B) is a limited term appointee, limited emergency 
        appointee, or noncareer appointee in the Senior Executive 
        Service, as defined under paragraphs (5), (6), and (7), 
        respectively, of section 3132(a) of title 5; or
            (C) is employed in a position in the executive branch of the 
        Government of a confidential or policy-determining character 
        under schedule C of subpart C of part 213 of title 5 of the Code 
        of Federal Regulations.

    (g) Duties and Powers of Administrator.--(1) Except as provided in 
paragraph (2) of this subsection, the Administrator shall carry out--
        (A) duties and powers of the Secretary of Transportation under 
    subsection (f) of this section related to aviation safety (except 
    those related to transportation, packaging, marking, or description 
    of hazardous material) and stated in sections 308(b), 1132(c) and 
    (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), (c), 
    and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and 
    (c), 44504, 44505, 44507, 44508, 44511-44513, 44701-44716, 44718(c), 
    44721(a), 44901, 44902, 44903(a)-(c) and (e), 44906, 44912, 44935-
    44937, and 44938(a) and (b), chapter 451, sections 45302-45304, 
    46104, 46301(d) and (h)(2), 46303(c), 46304-46308, 46310, 46311, and 
    46313-46316, chapter 465, and sections 47504(b) (related to flight 
    procedures), 47508(a), and 48107 of this title; and
        (B) additional duties and powers prescribed by the Secretary of 
    Transportation.

    (2) In carrying out sections 40119, 44901, 44903(a)-(c) and (e), 
44906, 44912, 44935-44937, 44938(a) and (b), and 48107 of this title, 
paragraph (1)(A) of this subsection does not apply to duties and powers 
vested in the Director of Intelligence and Security by section 44931 of 
this title.
    (h) Section 40101(d) of this title applies to duties and powers 
specified in subsection (g)(1) of this section. Any of those duties and 
powers may be transferred to another part of the Department only when 
specifically provided by law or a reorganization plan submitted under 
chapter 9 of title 5. A decision of the Administrator in carrying out 
those duties or powers is administratively final.
    (i) The Deputy Administrator shall carry out duties and powers 
prescribed by the Administrator. The Deputy Administrator acts for the 
Administrator when the Administrator is absent or unable to serve, or 
when the office of the Administrator is vacant.
    (j) There is established within the Federal Aviation Administration 
an institute to conduct civil aeromedical research under section 44507 
of this title. Such institute shall be known as the ``Civil Aeromedical 
Institute''. Research conducted by the institute should take appropriate 
advantage of capabilities of other government agencies, universities, or 
the private sector.
    (k) Authorization of Appropriations for Operations.--There is 
authorized to be appropriated to the Secretary of Transportation for 
operations of the Administration $5,632,000,000 for fiscal year 1999.
    (l) Personnel and Services.--
        (1) Officers and employees.--Except as provided in section 
    40122(a) of this title and section 347 of Public Law 104-50, the 
    Administrator is authorized, in the performance of the functions of 
    the Administrator, 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. In fixing compensation and benefits of officers and 
    employees, the Administrator shall not engage in any type of 
    bargaining, except to the extent provided for in section 40122(a), 
    nor shall the Administrator be bound by any requirement to establish 
    such compensation or benefits at particular levels.
        (2) Experts and consultants.--The Administrator is authorized to 
    obtain the services of experts and consultants in accordance with 
    section 3109 of title 5.
        (3) Transportation and per diem expenses.--The Administrator is 
    authorized to pay transportation expenses, and per diem in lieu of 
    subsistence expenses, in accordance with chapter 57 of title 5.
        (4) Use of personnel from other agencies.--The Administrator is 
    authorized to utilize the services of personnel of any other Federal 
    agency (as such term is defined under section 551(1) of title 5).
        (5) Voluntary services.--
            (A) General rule.--In exercising the authority to accept 
        gifts and voluntary services under section 326 of this title, 
        and without regard to section 1342 of title 31, the 
        Administrator may not accept voluntary and uncompensated 
        services if such services are used to displace Federal employees 
        employed on a full-time, part-time, or seasonal basis.
            (B) Incidental expenses.--The Administrator is authorized to 
        provide for incidental expenses, including transportation, 
        lodging, and subsistence, for volunteers who provide voluntary 
        services under this subsection.
            (C) Limited treatment as federal employees.--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, relating to compensation for 
        work injuries, and chapter 171 of title 28, relating to tort 
        claims.

        (6) 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, cooperative agreements, and other 
    transactions with any Federal agency (as such term is defined in 
    section 551(1) of title 5) or any instrumentality of the United 
    States, any State, territory, or possession, or political 
    subdivision thereof, any other governmental entity, or any person, 
    firm, association, corporation, or educational institution, on such 
    terms and conditions as the Administrator may consider appropriate.

    (m) Cooperation by Administrator.--With the consent of appropriate 
officials, the Administrator may, with or without reimbursement, use or 
accept the services, equipment, personnel, and facilities of any other 
Federal agency (as such term is defined in section 551(1) of title 5) 
and any other public or private entity. The Administrator may also 
cooperate with appropriate officials of other public and private 
agencies and instrumentalities concerning the use of services, 
equipment, personnel, and facilities. The head of each Federal agency 
shall cooperate 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.
    (n) Acquisition.--
        (1) In general.--The Administrator is authorized--
            (A) to acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and maintain--
                (i) air traffic control facilities and equipment;
                (ii) research and testing sites and facilities; and
                (iii) 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;

            (B) to lease to others such real and personal property; and
            (C) to provide by contract or otherwise for eating 
        facilities and other necessary facilities for the welfare of 
        employees of the Administration at the installations of the 
        Administration, and to acquire, operate, and maintain equipment 
        for these facilities.

        (2) Title.--Title to any property or interest therein acquired 
    pursuant to this subsection shall be held by the Government of the 
    United States.

    (o) Transfers of Funds.--The Administrator is authorized to accept 
transfers of unobligated balances and unexpended balances of funds 
appropriated to other Federal agencies (as such term is defined in 
section 551(1) of title 5) to carry out functions transferred by law to 
the Administrator or functions transferred pursuant to law to the 
Administrator on or after the date of the enactment of the Air Traffic 
Management System Performance Improvement Act of 1996.
    (p) Management Advisory Council.--
        (1) Establishment.--Within 3 months after the date of the 
    enactment of the Air Traffic Management System Performance 
    Improvement Act of 1996, the Administrator shall establish an 
    advisory council which shall be known as the Federal Aviation 
    Management Advisory Council (in this subsection referred to as the 
    ``Council''). With respect to Administration management, policy, 
    spending, funding, and regulatory matters affecting the aviation 
    industry, the Council may submit comments, recommended 
    modifications, and dissenting views to the Administrator. The 
    Administrator shall include in any submission to Congress, the 
    Secretary, or the general public, and in any submission for 
    publication in the Federal Register, a description of the comments, 
    recommended modifications, and dissenting views received from the 
    Council, together with the reasons for any differences between the 
    views of the Council and the views or actions of the Administrator.
        (2) Membership.--The Council shall consist of 15 members, who 
    shall consist of--
            (A) a designee of the Secretary of Transportation;
            (B) a designee of the Secretary of Defense; and
            (C) 13 members representing aviation interests, appointed by 
        the President by and with the advice and consent of the Senate.

        (3) Qualifications.--No member appointed under paragraph (2)(C) 
    may serve as an officer or employee of the United States Government 
    while serving as a member of the Council.
        (4) Functions.--
            (A) In general.--(i) The Council shall provide advice and 
        counsel to the Administrator on issues which affect or are 
        affected by the operations of the Administrator. The Council 
        shall function as an oversight resource for management, policy, 
        spending, and regulatory matters under the jurisdiction of the 
        Administration.
            (ii) The Council shall review the rulemaking cost-benefit 
        analysis process and develop recommendations to improve the 
        analysis and ensure that the public interest is fully protected.
            (iii) The Council shall review the process through which the 
        Administration determines to use advisory circulars and service 
        bulletins.
            (B) Meetings.--The Council shall meet on a regular and 
        periodic basis or at the call of the chairman or of the 
        Administrator.
            (C) Access to documents and staff.--The Administration may 
        give the Council appropriate access to relevant documents and 
        personnel of the Administration, and the Administrator shall 
        make available, consistent with the authority to withhold 
        commercial and other proprietary information under section 552 
        of title 5 (commonly known as the ``Freedom of Information 
        Act''), cost data associated with the acquisition and operation 
        of air traffic service systems. Any member of the Council who 
        receives commercial or other proprietary data from the 
        Administrator shall be subject to the provisions of section 1905 
        of title 18, pertaining to unauthorized disclosure of such 
        information.

        (5) Federal advisory committee act not to apply.--The Federal 
    Advisory Committee Act (5 U.S.C. App.) does not apply to the Council 
    or such aviation rulemaking committees as the Administrator shall 
    designate.
        (6) Administrative matters.--
            (A) Terms of members.--(i) Except as provided in 
        subparagraph (B), members of the Council appointed by the 
        President under paragraph (2)(C) shall be appointed for a term 
        of 3 years.
            (ii) Of the members first appointed by the President--
                (I) 4 shall be appointed for terms of 1 year;
                (II) 5 shall be appointed for terms of 2 years; and
                (III) 4 shall be appointed for terms of 3 years.

            (iii) An individual chosen to fill a vacancy shall be 
        appointed for the unexpired term of the member replaced.
            (iv) A member whose term expires shall continue to serve 
        until the date on which the member's successor takes office.
            (B) Chairman; vice chairman.--The Council shall elect a 
        chair and a vice chair from among the members appointed under 
        paragraph (2)(C), each of whom shall serve for a term of 1 year. 
        The vice chair shall perform the duties of the chairman in the 
        absence of the chairman.
            (C) Travel and per diem.--Each member of the Council 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.
            (D) Detail of personnel from the administration.--The 
        Administrator shall make available to the Council such staff, 
        information, and administrative services and assistance as may 
        reasonably be required to enable the Council to carry out its 
        responsibilities under this subsection.

    (q) Aircraft Noise Ombudsman.--
        (1) Establishment.--There shall be in the Administration an 
    Aircraft Noise Ombudsman.
        (2) General duties and responsibilities.--The Ombudsman shall--
            (A) be appointed by the Administrator;
            (B) serve as a liaison with the public on issues regarding 
        aircraft noise; and
            (C) be consulted when the Administration proposes changes in 
        aircraft routes so as to minimize any increases in aircraft 
        noise over populated areas.

        (3) Number of full-time equivalent employees.--The appointment 
    of an Ombudsman under this subsection shall not result in an 
    increase in the number of full-time equivalent employees in the 
    Administration.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98-216, 
Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100-591, Sec. 5(a), Nov. 
3, 1988, 102 Stat. 3013; Pub. L. 101-508, title IX, Sec. 9106, Nov. 5, 
1990, 104 Stat. 1388-355; Pub. L. 101-604, title I, Sec. 101(c), Nov. 
16, 1990, 104 Stat. 3068; Pub. L. 102-581, title I, Sec. 104, Oct. 31, 
1992, 106 Stat. 4877; Pub. L. 103-272, Secs. 4(j)(3), 5(m)(4), July 5, 
1994, 108 Stat. 1365, 1375; Pub. L. 103-305, title I, Sec. 103, title 
II, Sec. 201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104-264, 
title I, Sec. 103(a), title II, Secs. 223(a), 224-230, 276(c), title 
XII, Sec. 1210, Oct. 9, 1996, 110 Stat. 3216, 3229-3234, 3282; Pub. L. 
104-287, Sec. 5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105-102, 
Sec. 3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106-6, Sec. 4, Mar. 
31, 1999, 113 Stat. 10.)

                                          Historical and Revision Notes
                                                 Pub. L. 97-449
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
106(a)................................  49:1341(a) (1st sentence).       Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                                                          301(a
), (b), 302(a), (b), 72 Stat.
                                                                          744; 
Aug. 14, 1964, Pub. L. 88-426,
                                                                          Sec. 
 305(16) (B), (C), 78 Stat. 424.
                                        49:1652(e)(1) (related to FAA).  Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          3(e) 
(related to FAA), 80 Stat. 932.
106(b)................................  49:1341(a) (2d sentence), (b)
                                         (1st sentence less 1st-10th
                                         words).
                                        49:1342(a) (1st sentence), (b)
                                         (1st sentence less 1st-11th
                                         words).
                                        49:1652(e) (related to FAA) (1)
                                         (less 1st sentence), (3) (last
                                         sentence).
106(c)................................  49:1341(b) (1st sentence 1st-
                                         10th words, 2d sentence).
                                        49:1652(e)(2) (related to
                                         Administrator).
106(d)................................  49:1342(b) (1st sentence 1st-
                                         11th words, 2d sentence, 4th-
                                         6th sentences).
                                        49:1652(e)(2) (1st sentence
                                         less Administrator).
                                        49:1343(a)(2) (related to        Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         Deputy Administrator).           302(c
)(2) (related to Deputy
                                                                          Admin
istrator), 72 Stat. 745.
106(e)................................  49:1341(b) (less 1st, 2d
                                         sentences).
                                        49:1342(b) (3d sentence).
106(f)................................  49:1341(a) (less 1st, 2d
                                         sentences).
106(g)................................  49:1652(e)(3) (related to FAA)
                                         (less last sentence).
                                        49:1655(c)(1) (1st sentence      Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                         proviso).                        6(c)(
1) (1st sentence proviso, 2d,
                                                                          last 
sentences), 80 Stat. 938; Jan. 3,
                                                                          1975,
 Pub. L. 93-633, Sec.  113(d), 88
                                                                          Stat.
 2163.
106(h)................................  49:1652(e)(4) (related to FAA).
                                        49:1655(c)(1) (2d, last
                                         sentences).
106(i)................................  49:1342(a) (2d, last
                                         sentences).
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b), the source provisions are combined for 
clarity.
    In subsection (a), the words ``referred to in this chapter as the 
`Administration' '' are omitted because of the style of the revised 
title.
    In subsection (b), the word ``due'' in 49:1342(b) (1st sentence less 
1st-11th words) is omitted as surplus. The words ``the duties and 
powers'' are substituted for ``the powers and duties vested in and 
imposed upon him by this chapter'' to eliminate surplus words and for 
consistency. The word ``consider'' is substituted for ``with . . . 
regard to'' for clarity.
    In subsections (c) and (d), the words ``At the time of his 
nomination'' are omitted as unnecessary and for consistency.
    In subsection (c), the text of 49:1652(e)(2) (last sentence) is 
omitted as executed.
    In subsection (d)(1), the words ``Nothing in this chapter or other 
law shall preclude'' in 49:1342(b) (4th sentence) are omitted as 
unnecessary because of the positive statement of authority. The words 
``armed force'' are substituted for ``armed services'' to conform to 
title 10. The words ``to the position of'' are omitted as surplus.
    In subsection (d)(2), the word ``continue'' is omitted as surplus. 
The words ``pay provided by law for the Deputy Administrator'' are 
substituted for ``compensation provided for the Deputy Administrator'' 
in 49:1342(b) because the pay provisions were repealed and replaced by 
5:5315. The words ``(including personal money allowance)'' are omitted 
as being within the meaning of ``allowance'' in title 37. The words ``as 
the case may be'' are omitted as surplus. The words ``of the military 
grade held'' are substituted for ``military . . . payable to a 
commissioned officer of his grade and length of service'' to eliminate 
unnecessary words. The words ``Administration'' and ``military'' are 
added for clarity. The words ``to defray'' are omitted as surplus.
    In subsection (d)(3), the words ``acceptance of, and'' are omitted 
as unnecessary. The word ``held'' is substituted for ``may occupy or 
hold'' to eliminate unnecessary words. The words ``right or benefit'' 
are substituted for ``emolument, perquisite, right, privilege, or 
benefit'' to eliminate unnecessary words. The words ``incident to or'' 
before ``arising'' are omitted as surplus.
    In subsection (f), the word ``Secretary'' is substituted for 
``Administrator'' because of the transfer of aviation functions to the 
Secretary under 49:1655(c)(1). The words ``In the exercise of his duties 
and the discharge of his responsibilities under this chapter'' are 
omitted as surplus.
    In subsection (g), the words ``are hereby transferred to'' in 
49:1655(c)(1) are omitted as executed. The words ``carry out'' are 
substituted for ``it shall be his duty to exercise'' in 49:1655(c)(1) 
for clarity, consistency, and to eliminate surplus words. The words ``In 
addition to such functions, powers, and duties as are specified in this 
chapter'' in 49:1652(e)(3) are omitted as unnecessary because of the 
restatement.
    In subsection (h), the first sentence is substituted for 
49:1655(c)(1) (2d sentence) for clarity and consistency. The word 
``law'' is substituted for ``statute'' in 49:1652(e)(4) for consistency. 
The words ``carrying out'' in 49:1655(c)(1) (last sentence) are 
substituted for ``the exercise of'' for consistency. The words after 
``administratively final'' are omitted as unnecessary because of the 
restatement of the revised title and those laws giving a right of 
appeal.
    In subsection (i), the words ``and exercise the powers of'' are 
omitted as surplus. The words ``when the office of the Administrator is 
vacant'' are inserted to conform to section 102 of the revised title.


                             Pub. L. 103-272

    Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers of 
the Secretary of Transportation that the Administrator of the Federal 
Aviation Administration carries out. The duties and powers are derived 
from 2 sources. Some were transferred by former 49 App.:1655(c)(1), 
restated as 49:106 in section 1 of the Act of January 12, 1983 (Public 
Law 97-449, 96 Stat. 2417). The others are from laws enacted after 
October 15, 1966, in which the duties and powers are to be carried out 
by the Administrator rather than the Secretary.

                       References in Text

    The Air Traffic Management System Performance Improvement Act of 
1996, referred to in subsec. (f)(2)(A)(iv), is title II of Pub. L. 104-
264, Oct. 9, 1996, 110 Stat. 3227. For complete classification of this 
Act to the Code, see Short Title of 1996 Amendment note set out under 
section 40101 of this title and Tables.
    The date of the enactment of the Air Traffic Management System 
Performance Improvement Act of 1996, referred to in subsecs. 
(f)(3)(B)(i), (C), (o), and (p)(1), is the date of enactment of Pub. L. 
104-264, which was approved Oct. 9, 1996.
    Section 347 of Public Law 104-50, referred to in subsec. (l)(1), is 
set out as a note below.
    The Federal Advisory Committee Act, referred to in subsec. (p)(5), 
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set 
out in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1999--Subsec. (k). Pub. L. 106-6 substituted ``$5,632,000,000 for 
fiscal year 1999.'' for ``$5,158,000,000 for fiscal year 1997 and 
$5,344,000,000 for fiscal year 1998.''
    1997--Subsec. (g)(1)(A). Pub. L. 105-102 added Pub. L. 104-264, 
Sec. 276(c). See 1996 Amendment note below.
    1996--Subsec. (b). Pub. L. 104-287 substituted ``August 23, 1994,'' 
for ``the date of the enactment of this sentence''.
    Pub. L. 104-264, Sec. 223(a)(1), substituted ``Except as provided in 
subsection (f) or in other provisions of law, the Administrator'' for 
``The Administrator''.
    Subsec. (f). Pub. L. 104-264, Sec. 223(a)(2), inserted subsec. 
heading, designated existing provisions as par. (1), inserted par. (1) 
heading, substituted ``Except as provided in paragraph (2), the 
Secretary'' for ``The Secretary'', realigned margins, substituted 
``Neither the Secretary nor the Administrator may'' for ``The Secretary 
may not'' and ``or be bound'' for ``nor be bound'', and added pars. (2) 
and (3).
    Subsec. (f)(3). Pub. L. 104-264, Sec. 224(2), added par. (3). Former 
par. (3) redesignated (4).
    Subsec. (f)(4). Pub. L. 104-264, Sec. 224(1), redesignated par. (3) 
as (4).
    Subsec. (g)(1)(A). Pub. L. 104-264, Sec. 276(c), as added by Pub. L. 
105-102, substituted ``45302-45304'' for ``45302, 45303''.
    Subsec. (k). Pub. L. 104-264, Sec. 103(a), substituted 
``$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 
1998.'' for ``$4,088,000,000 for fiscal year 1991, $4,412,600,000 for 
fiscal year 1992, $4,716,500,000 for fiscal year 1993, $4,576,000,000 
for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and 
$4,810,000,000 for fiscal year 1996.''
    Subsec. (l). Pub. L. 104-264, Sec. 225, added subsec. (l).
    Subsec. (l)(6). Pub. L. 104-264, Sec. 226, added par. (6).
    Subsec. (m). Pub. L. 104-264, Sec. 227, added subsec. (m).
    Subsec. (n). Pub. L. 104-264, Sec. 228, added subsec. (n).
    Subsec. (o). Pub. L. 104-264, Sec. 229, added subsec. (o).
    Subsec. (p). Pub. L. 104-264, Sec. 230, added subsec. (p).
    Subsec. (q). Pub. L. 104-264, Sec. 1210, added subsec. (q).
    1994--Subsec. (b). Pub. L. 103-305, Sec. 201, inserted at end ``The 
term of office for any individual appointed as Administrator after the 
date of the enactment of this sentence shall be 5 years.''
    Subsec. (f). Pub. L. 103-272, Sec. 4(j)(3)(A), substituted 
``Secretary of Transportation shall'' for ``Secretary shall''.
    Subsec. (g). Pub. L. 103-272, Sec. 4(j)(3)(B), inserted heading and 
amended text generally. Prior to amendment, text read as follows: ``The 
Administrator shall carry out--
        ``(1) duties and powers of the Secretary related to aviation 
    safety (except those related to transportation, packaging, marking, 
    or description of hazardous materials) and vested in the Secretary 
    by section 308(b) of this title and sections 306-309, 312-314, 315-
    316 (except for the duties and powers vested in the Director of 
    Intelligence and Security by or under section 101 of the Aviation 
    Security Improvement Act of 1990), 1101, 1105, and 1111 and titles 
    VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. 
    U.S.C. 1347-1350, 1353-1355, 1421 et seq., 1441 et seq., 1471 et 
    seq., 1501, 1505, 1511, and 1521 et seq.); and
        ``(2) additional duties and powers prescribed by the 
    Secretary.''
    Subsec. (h). Pub. L. 103-272, Sec. 5(m)(4)(A), substituted ``Section 
40101(d) of this title'' for ``Section 103 of the Federal Aviation Act 
of 1958 (49 App. U.S.C. 1303)''.
    Subsec. (j). Pub. L. 103-272, Sec. 5(m)(4)(B), substituted ``section 
44507 of this title'' for ``section 312(e) of the Federal Aviation Act 
of 1958''.
    Subsec. (k). Pub. L. 103-305, Sec. 103, substituted ``, 
$4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 
1995, and $4,810,000,000 for fiscal year 1996'' for ``, $5,100,000,000 
for fiscal year 1994, and $5,520,000,000 for fiscal year 1995''.
    Pub. L. 103-272, Sec. 4(j)(3)(C), inserted ``to the Secretary of 
Transportation'' after ``appropriated''.
    1992--Subsec. (k). Pub. L. 102-581 substituted ``1991,'' for ``1991 
and'' and inserted before period at end ``, $4,716,500,000 for fiscal 
year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for 
fiscal year 1995''.
    1990--Subsec. (g)(1). Pub. L. 101-604 inserted ``315-316 (except for 
the duties and powers vested in the Director of Intelligence and 
Security by or under section 101 of the Aviation Security Improvement 
Act of 1990),'' after ``312-314,''.
    Subsec. (k). Pub. L. 101-508 added subsec. (k).
    1988--Subsec. (j). Pub. L. 100-591 added subsec. (j).
    1984--Subsecs. (g)(1), (h). Pub. L. 98-216 substituted ``49 App. 
U.S.C.'' for ``49 U.S.C.''.


                    Effective Date of 1997 Amendment

    Pub. L. 105-102, Sec. 3(c), Nov. 20, 1997, 111 Stat. 2215, provided 
that the amendment made by section 3(c)(3) is effective Oct. 9, 1996.
    Pub. L. 105-102, Sec. 3(f), Nov. 20, 1997, 111 Stat. 2216, provided 
that: ``The amendments made by subsections (a) through (d) of this 
section [amending this section and sections 5302, 30501 to 30504, 45301, 
46301, 46316, 47117, and 47128 of this title, renumbering section 40121 
of this title as 40124 of this title, and amending provisions set out as 
notes under sections 5303 and 47117 of this title] shall take effect as 
if included in the provisions of the Acts to which the amendments 
relate.''


                    Effective Date of 1996 Amendment

    Section 3 of Pub. L. 104-264 provided that:
    ``(a) In General.--Except as otherwise specifically provided, this 
Act [see Tables for classification] and the amendments made by this Act 
apply only to fiscal years beginning after September 30, 1996.
    ``(b) Limitation on Statutory Construction.--Nothing in this Act or 
any amendment made by this Act shall be construed as affecting funds 
made available for a fiscal year ending before October 1, 1996.''
    Section 203 of title II of Pub. L. 104-264 provided that: ``The 
provisions of this title [enacting sections 40121, 40122, 45301, 45303, 
48111, and 48201 of this title, amending this section and section 41742 
of this title, renumbering section 45303 of this title as section 45304, 
repealing section 45301 of this title, and enacting provisions set out 
as notes under this section and sections 40101, 40110, and 41742 of this 
title] and the amendments made by this title shall take effect on the 
date that is 30 days after the date of the enactment of this Act [Oct. 
9, 1996].''


                                Findings

    Section 221 of Pub. L. 104-264 provided that: ``Congress finds the 
following:
        ``(1) In many respects the Administration is a unique agency, 
    being one of the few non-defense government agencies that operates 
    24 hours a day, 365 days of the year, while continuing to rely on 
    outdated technology to carry out its responsibilities for a state-
    of-the-art industry.
        ``(2) Until January 1, 1996, users of the air transportation 
    system paid 70 percent of the budget of the Administration, with the 
    remaining 30 percent coming from the General Fund. The General Fund 
    contribution over the years is one measure of the benefit received 
    by the general public, military, and other users of Administration's 
    services.
        ``(3) The Administration must become a more efficient, 
    effective, and different organization to meet future challenges.
        ``(4) The need to balance the Federal budget means that it may 
    become more and more difficult to obtain sufficient General Fund 
    contributions to meet the Administration's future budget needs.
        ``(5) Congress must keep its commitment to the users of the 
    national air transportation system by seeking to spend all moneys 
    collected from them each year and deposited into the Airport and 
    Airway Trust Fund. Existing surpluses representing past receipts 
    must also be spent for the purposes for which such funds were 
    collected.
        ``(6) The aviation community and the employees of the 
    Administration must come together to improve the system. The 
    Administration must continue to recognize who its customers are and 
    what their needs are, and to design and redesign the system to make 
    safety improvements and increase productivity.
        ``(7) The Administration projects that commercial operations 
    will increase by 18 percent and passenger traffic by 35 percent by 
    the year 2002. Without effective airport expansion and system 
    modernization, these needs cannot be met.
        ``(8) Absent significant and meaningful reform, future 
    challenges and needs cannot be met.
        ``(9) The Administration must have a new way of doing business.
        ``(10) There is widespread agreement within government and the 
    aviation industry that reform of the Administration is essential to 
    safely and efficiently accommodate the projected growth of aviation 
    within the next decade.
        ``(11) To the extent that Congress determines that certain 
    segments of the aviation community are not required to pay all of 
    the costs of the government services which they require and benefits 
    which they receive, Congress should appropriate the difference 
    between such costs and any receipts received from such segment.
        ``(12) Prior to the imposition of any new charges or user fees 
    on segments of the industry, an independent review must be performed 
    to assess the funding needs and assumptions for operations, capital 
    spending, and airport infrastructure.
        ``(13) An independent, thorough, and complete study and 
    assessment must be performed of the costs to the Administration and 
    the costs driven by each segment of the aviation system for safety 
    and operational services, including the use of the air traffic 
    control system and the Nation's airports.
        ``(14) Because the Administration is a unique Federal entity in 
    that it is a participant in the daily operations of an industry, and 
    because the national air transportation system faces significant 
    problems without significant changes, the Administration has been 
    authorized to change the Federal procurement and personnel systems 
    to ensure that the Administration has the ability to keep pace with 
    new technology and is able to match resources with the real 
    personnel needs of the Administration.
        ``(15) The existing budget system does not allow for long-term 
    planning or timely acquisition of technology by the Administration.
        ``(16) Without reforms in the areas of procurement, personnel, 
    funding, and governance, the Administration will continue to 
    experience delays and cost overruns in its major modernization 
    programs and needed improvements in the performance of the air 
    traffic management system will not occur.
        ``(17) All reforms should be designed to help the Administration 
    become more responsive to the needs of its customers and maintain 
    the highest standards of safety.''


                                Purposes

    Section 222 of title II of Pub. L. 104-264 provided that: ``The 
purposes of this title [see Effective Date of 1996 Amendment note set 
out above] are--
        ``(1) to ensure that final action shall be taken on all notices 
    of proposed rulemaking of the Administration within 18 months after 
    the date of their publication;
        ``(2) to permit the Administration, with Congressional review, 
    to establish a program to improve air traffic management system 
    performance and to establish appropriate levels of cost 
    accountability for air traffic management services provided by the 
    Administration;
        ``(3) to establish a more autonomous and accountable 
    Administration within the Department of Transportation; and
        ``(4) to make the Administration a more efficient and effective 
    organization, able to meet the needs of a dynamic, growing industry, 
    and to ensure the safety of the traveling public.''


                   Preservation of Existing Authority

    Section 223(b) of title II of Pub. L. 104-264 provided that: 
``Nothing in this title [see Effective Date of 1996 Amendment note set 
out above] or the amendments made by this title limits any authority 
granted to the Administrator by statute or by delegation that was in 
effect on the day before the date of the enactment of this Act [Oct. 9, 
1996].''


     Personnel Management System for Federal Aviation Administration

    Pub. L. 104-50, title III, Sec. 347, Nov. 15, 1995, 109 Stat. 460, 
as amended by Pub. L. 104-122, Mar. 29, 1996, 110 Stat. 876; Pub. L. 
105-339, Sec. 5, Oct. 31, 1998, 112 Stat. 3187, provided that:
    ``(a) In consultation with the employees of the Federal Aviation 
Administration and such non-governmental experts in personnel management 
systems as he may employ, and notwithstanding the provisions of title 5, 
United States Code, and other Federal personnel laws, the Administrator 
of the Federal Aviation Administration shall develop and implement, not 
later than January 1, 1996, a personnel management system for the 
Federal Aviation Administration that addresses the unique demands on the 
agency's workforce. Such a new system shall, at a minimum, provide for 
greater flexibility in the hiring, training, compensation, and location 
of personnel.
    ``(b) The provisions of title 5, United States Code, shall not apply 
to the new personnel management system developed and implemented 
pursuant to subsection (a), with the exception of--
        ``(1) section 2302(b), relating to whistleblower protection;
        ``(2) sections 3308-3320, relating to veterans' preference;
        ``(3) chapter 71, relating to labor-management relations;
        ``(4) section 7204, relating to antidiscrimination;
        ``(5) chapter 73, relating to suitability, security, and 
    conduct;
        ``(6) chapter 81, relating to compensation for work injury;
        ``(7) chapters 83-85, 87, and 89, relating to retirement, 
    unemployment compensation, and insurance coverage; and
        ``(8) sections 3501-3504, as such sections relate to veterans' 
    preference.
    ``(c) This section shall take effect on April 1, 1996.''


         Dependents of Federal Aviation Administration Personnel

    Provisions authorizing the expenditure of certain funds appropriated 
for the Federal Aviation Administration for (1) except as otherwise 
authorized by title VIII of the Elementary and Secondary Education Act 
of 1965, see 20 U.S.C. 7701 et seq., expenses of primary and secondary 
schooling for dependents of Federal Aviation Administration personnel 
stationed outside the continental United States at costs for any given 
area not in excess of those of the Department of Defense for the same 
area, when it is determined by the Secretary that the schools, if any, 
available in the locality are unable to provide adequately for the 
education of such dependents, and (2) transportation of said dependents 
between schools serving the area which they attend and their places of 
residence when the Secretary, under such regulations as may be 
prescribed, determines that such schools are not accessible by public 
means of transportation on a regular basis, were contained in the 
following appropriation acts:
    Pub. L. 106-69, title III, Sec. 303, Oct. 9, 1999, 113 Stat. 1015.
    Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 303], Oct. 21, 
1998, 112 Stat. 2681-439, 2681-464.
    Pub. L. 105-66, title III, Sec. 303, Oct. 27, 1997, 111 Stat. 1441.
    Pub. L. 104-205, title III, Sec. 303, Sept. 30, 1996, 110 Stat. 
2968.
    Pub. L. 104-50, title III, Sec. 303, Nov. 15, 1995, 109 Stat. 453.
    Pub. L. 103-331, title III, Sec. 303, Sept. 30, 1994, 108 Stat. 
2488.
    Pub. L. 103-122, title III, Sec. 303, Oct. 27, 1993, 107 Stat. 1219.
    Pub. L. 102-388, title III, Sec. 303, Oct. 6, 1992, 106 Stat. 1543.
    Pub. L. 102-143, title III, Sec. 303, Oct. 28, 1991, 105 Stat. 939.
    Pub. L. 101-516, title III, Sec. 303, Nov. 5, 1990, 104 Stat. 2178.
    Pub. L. 101-164, title III, Sec. 303, Nov. 21, 1989, 103 Stat. 1091.
    Pub. L. 100-457, title III, Sec. 303, Sept. 30, 1988, 102 Stat. 
2146.
    Pub. L. 100-202, Sec. 101(l) [title III, Sec. 303], Dec. 22, 1987, 
101 Stat. 1329-358, 1329-377.
    Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title III, Sec. 303], Oct. 
18, 1986, 100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l), Oct. 30, 
1986, 100 Stat. 3341-308.
    Pub. L. 99-190, Sec. 101(e) [title III, Sec. 303], Dec. 19, 1985, 99 
Stat. 1267, 1284.
    Pub. L. 98-473, title I, Sec. 101(i) [title III, Sec. 303], Oct. 12, 
1984, 98 Stat. 1944, 1961.
    Pub. L. 98-78, title III, Sec. 303, Aug. 15, 1983, 97 Stat. 470.
    Pub. L. 97-369, title III, Sec. 306, Dec. 18, 1982, 96 Stat. 1781.
    Pub. L. 97-102, title III, Sec. 306, Dec. 23, 1981, 95 Stat. 1458.
    Pub. L. 96-400, title III, Sec. 306, Oct. 9, 1980, 94 Stat. 1695.
    Pub. L. 96-131, title III, Sec. 307, Nov. 30, 1979, 93 Stat. 1037.
    Pub. L. 95-335, title III, Sec. 310, Aug. 4, 1978, 92 Stat. 448.
    Pub. L. 95-85, title III, Sec. 310, Aug. 2, 1977, 91 Stat. 416.
    Pub. L. 94-387, title III, Sec. 312, Aug. 14, 1976, 90 Stat. 1185.
    Pub. L. 94-134, title III, Sec. 310, Nov. 24, 1975, 89 Stat. 711.
    Pub. L. 93-391, title III, Sec. 311, Aug. 28, 1974, 88 Stat. 780.
    Pub. L. 93-98, title III, Sec. 313, Aug. 16, 1973, 87 Stat. 340.
    Pub. L. 92-398, title III, Sec. 313, Aug. 22, 1972, 86 Stat. 591.
    Pub. L. 92-74, title I, Aug. 10, 1971, 85 Stat. 203.
    Pub. L. 91-168, title I, Dec. 26, 1969, 83 Stat. 455.
    Pub. L. 90-464, title I, Aug. 8, 1968, 82 Stat. 655.
    Pub. L. 90-112, title II, Oct. 23, 1967, 81 Stat. 312.
    Pub. L. 89-474, title I, June 29, 1966, 80 Stat. 223.
    Pub. L. 89-57, title I, June 30, 1965, 79 Stat. 197.
    Pub. L. 88-392, title I, Aug. 1, 1964, 78 Stat. 369.
    Pub. L. 88-39, title I, June 13, 1963, 77 Stat. 59.
    Pub. L. 87-575, title I, Aug. 6, 1962, 76 Stat. 311.
    Pub. L. 87-159, title I, Aug. 21, 1961, 75 Stat. 395.
    Pub. L. 86-561, title I, June 30, 1960, 74 Stat. 285.
    Pub. L. 86-39, title I, June 11, 1959, 73 Stat. 67.
    Pub. L. 85-354, title I, Mar. 28, 1958, 72 Stat. 63.
    Pub. L. 85-37, title I, May 27, 1957, 71 Stat. 37.
    Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.
    June 1, 1955, ch. 113, title I, 69 Stat. 74.
    May 28, 1954, ch. 242, title I, 68 Stat. 146.
    June 18, 1953, ch. 132, title I, 67 Stat. 69.


                       Aviation Safety Commission

    Pub. L. 99-500, title V, Secs. 501-507, Oct. 18, 1986, 100 Stat. 
1783-370 to 1783-373, and Pub. L. 99-591, title V, Secs. 501-507, Oct. 
30, 1986, 100 Stat. 3341-373 to 3341-376, known as the Aviation Safety 
Commission Act of 1986, established Aviation Safety Commission, directed 
Commission to study organization and functions of Federal Aviation 
Administration and means by which it could most efficiently and 
effectively perform its responsibilities and increase aviation safety 
and to submit reports to the President and the two houses of Congress 
within 9 months after Oct. 18, 1986, and within 18 months after Oct. 18, 
1986, and provided that Commission was to cease to exist 18 months after 
Oct. 18, 1986.


        Appointment of Retired Military Officer as Administrator

    Pub. L. 102-308, June 26, 1992, 106 Stat. 273, provided: ``That 
notwithstanding the provisions of section 106 of title 49, United States 
Code, or any other provision of law, the President, acting by and with 
the advice and consent of the Senate, is authorized to appoint General 
Thomas C. Richards, United States Air Force, Retired, to the Office of 
Administrator of the Federal Aviation Administration. General Richards' 
appointment to, acceptance of, and service in that Office shall in no 
way affect the status, rank, and grade which he shall hold as an officer 
on the retired list of the United States Air Force, or any emolument, 
perquisite, right, privilege, or benefit incident to or arising out of 
any such status, office, rank, or grade, except to the extent that 
subchapter IV of chapter 55 of title 5, United States Code, affects the 
amount of retired pay to which he is entitled by law during his service 
as Administrator. So long as he serves as Administrator, General 
Richards shall receive the compensation of that Office at the rate which 
would be applicable if he were not an officer on the retired list of the 
United States Air Force, shall retain the status, rank, and grade which 
he now holds as an officer on the retired list of the United States Air 
Force, shall retain all emoluments, perquisites, rights, privileges, and 
benefits incident to or arising out of such status, office, rank, or 
grade, and shall in addition continue to receive the retired pay to 
which he is entitled by law, subject to the provisions of subchapter IV 
of chapter 55 of title 5, United States Code.
    ``Sec. 2. In the performance of his duties as Administrator of the 
Federal Aviation Administration, General Richards shall be subject to no 
supervision, control, restriction, or prohibition (military or 
otherwise) other than would be operative with respect to him if he were 
not an officer on the retired list of the United States Air Force.
    ``Sec. 3. Nothing in this Act shall be construed as approval by the 
Congress of any future appointments of military persons to the Office of 
Administrator of the Federal Aviation Administration.''
    Prior provisions authorizing the appointment of a retired military 
officer as Administrator were contained in the following acts:
    Pub. L. 102-223, Dec. 11, 1991, 105 Stat. 1678.
    Pub. L. 101-47, June 30, 1989, 103 Stat. 134.
    Pub. L. 98-256, Apr. 10, 1984, 98 Stat. 125.
    Pub. L. 89-46, June 22, 1965, 79 Stat. 171.


                               Definitions

    Section 202 of title II of Pub. L. 104-264 provided that: ``In this 
title [see Effective Date of 1996 Amendment note set out above], the 
following definitions 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) Secretary.--The term `Secretary' means the Secretary of 
    Transportation.''

                  Section Referred to in Other Sections

    This section is referred to in sections 322, 44507, 50101, 50102, 
50105 of this title.
