REGULATION OF CIVILIAN AIR TRANSPORTATION AND RELATED SERVICES BY THE FEDERAL AVIATION ADMINISTRATION AND DEPARTMENT OF TRANSPORTATION.

SEC. 223. REGULATION OF CIVILIAN AIR TRANSPORTATION AND RELATED SERVICES BY THE FEDERAL AVIATION ADMINISTRATION AND DEPARTMENT OF TRANSPORTATION. (a) In General.— Section 106 is amended— (1) by striking “The Administrator” in subsection (b) and inserting “Except as provided in subsection (f) or in other provisions of law, the Administrator”; and (2) in subsection (f)— (A) by striking “(f) The Secretary” and inserting the following: “(f) Authority of the Secretary and the Administrator.— “(1) Authority of the secretary.— Except as provided in paragraph (2), the Secretary”; (B) in subsection (f)(1), as so designated— (i) by moving the remainder of the text 2 ems to the right; (ii) by striking “The Secretary may not” and inserting “Neither the Secretary nor the Administrator may”; and (iii) by striking “nor” and inserting “or”; and (C) by adding at the end the following: “(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, 110 STAT. 3230circulars, 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) 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.”. (b) Preservation of Existing Authority.— Nothing in this title 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.