§ 106. Federal Aviation Administration
(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.
(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)
The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator of the Federal Aviation Administration.
(3)
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
(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.
(4)
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);
(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. On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.
(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 $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century) 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—
(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.
(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.
(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);
(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),
40113
(c),
40113
(d),
40113
(e),
40114
(a), and
40119, chapter 445sections
308
(b),
1132
(c) and (d),
40101
(c),
40103
(b),
40106
(a),
40108,
40109
(b),
40113
(a),
40113
(c),
40113
(d),
40113
(e),
40114
(a), and
40119, chapter 445 (except sections
44501
(b),
44502
(a)(2),
44502
(a)(3),
44502
(a)(4),
44503,
44506,
44509,
44510,
44514, and
44515), chapter 447 (except sections
44717,
44718
(a),
44718
(b),
44719,
44720,
44721
(b),
44722, and
44723), chapter 449 (except sections
44903
(d),
44904,
44905,
44907–44911,
44913,
44915, and
44931–44934), chapter 451, chapter 453, sections
46104,
46301
(d) and (h)(2),
46303
(c),
46304–46308,
46310,
46311, and
46313–46316, chapter 465sections
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
(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.—
(1)
Salaries, operations, and maintenance.—
There is authorized to be appropriated to the Secretary of Transportation for salaries, operations, and maintenance of the Administration—
Such sums shall remain available until expended.
(2)
Authorized expenditures.—
Out of amounts appropriated under paragraph (1), the following expenditures are authorized:
(A)
Such sums as may be necessary for fiscal years 2004 through 2007 to support infrastructure systems development for both general aviation and the vertical flight industry.
(B)
Such sums as may be necessary for fiscal years 2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients.
(C)
Such sums as may be necessary for fiscal years 2004 through 2007 to revise existing terminal and en route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.
(D)
Such sums as may be necessary for fiscal years 2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate training courses and to support associated student travel for both residential and field courses.
(E)
Such sums as may be necessary for fiscal years 2004 through 2007 to carry out and expand the Air Traffic Control Collegiate Training Initiative.
(l)
Personnel and Services.—
(1)
Officers and employees.—
Except as provided in subsections (a) and (g) of section
40122, 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, personnel, services, and equipment other than administrative supplies or equipment.
(n)
Acquisition.—
(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 and Air Traffic Services Board.—
(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 13 members, who shall consist of—
(3)
Qualifications.—
No officer or employee of the United States Government may be appointed to the Council under paragraph (2)(C) or to the Air Traffic Services Committee.
(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.
(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 or Air Traffic Services Committee 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 or Air Traffic Services Committee 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, the Air Traffic Services Committee, or such aviation rulemaking committees as the Administrator shall designate.
(6)
Administrative matters.—
(A)
Terms of members appointed under paragraph (2)(c).—Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years. Of the members first appointed by the President under paragraph (2)(C)—
(B)
Term for air traffic control representative.—
The member appointed under paragraph (2)(D) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(D).
(C)
Terms for air traffic services committee members.—
The members appointed to the Air Traffic Services Committee shall be appointed for a term of 5 years, except that the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).
(D)
Reappointment.—
An individual may not be appointed to the Committee to more than two 5-year terms.
(E)
Vacancy.—
Any vacancy on the Council or Committee shall be filled in the same manner as the original appointment, except that any vacancy caused by a member appointed by the President under paragraph (2)(C)(i) shall be filled by the Secretary in accordance with paragraph (2)(C)(ii). Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.
(F)
Continuation in office.—
A member of the Council or Committee whose term expires shall continue to serve until the date on which the member’s successor takes office.
(G)
Removal.—
Any member of the Council appointed under paragraph (2)(D) may be removed for cause by the President or Secretary whoever makes the appointment. Any member of the Committee may be removed for cause by the Secretary.
(H)
Claims against members of committee.—
(i)
In general.—
A member appointed to the Committee shall have no personal liability under Federal law with respect to any claim arising out of or resulting from an act or omission by such member within the scope of service as a member of the Committee.
(I)
Ethical considerations.—
(i)
Financial disclosure.—
During the entire period that an individual is serving as a member of the Committee, such individual shall be treated as serving as an officer or employee referred to in section 101(f) of the Ethics in Government Act of 1978 for purposes of title I of such Act; except that section 101(d) of such Act shall apply without regard to the number of days of service in the position.
(ii)
Restrictions on post-employment.—
For purposes of section
207
(c) of title
18, an individual who is a member of the Committee shall be treated as an employee referred to in section 207(c)(2)(A)(i) of such title during the entire period the individual is a member of the Committee; except that subsections (c)(2)(B) and (f) of section
207 of such title shall not apply.
(J)
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.
(K)
Travel and per diem.—
Each member of the Council or 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.
(L)
Detail of personnel from the administration.—
The Administrator shall make available to the Council or Committee such staff, information, and administrative services and assistance as may reasonably be required to enable the Council or Committee to carry out its responsibilities under this subsection.
(7)
Air traffic services committee.—
(A)
Establishment.—
The Administrator shall establish a committee that is independent of the Council by converting the Air Traffic Services Subcommittee of the Council, as in effect on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act, into such committee. The committee shall be known as the Air Traffic Services Committee (in this subsection referred to as the “Committee”).
(B)
Membership and qualifications.—
Subject to paragraph (6)(C), the Committee shall consist of five members, one of whom shall be the Administrator and shall serve as chairperson. The remaining members shall be appointed by the President with the advice and consent of the Senate and—
(C)
Prohibitions on members of committee.—
No member of the Committee may—