Sec. 204. Authority of Secretary and Administrator
1,131 words·~5 min read·
/bill/118/hr/3935/eas/section-204·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 106(f) of title 49, United States Code, is amended— in paragraph (1)— by striking paragraph
(2)and inserting paragraphs
(2)and
(3); by striking Neither and inserting In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither ; and by striking a committee, board, or organization established by executive order. and inserting the following: a committee, board, council, or organization that is— established by executive order; or not explicitly directed by legislation to review the exercise of such duties, powers, and authorities by the Secretary or the Administrator. ; in paragraph (2)— in subparagraph (A)(ii) by striking the acquisition and all that follows through the semicolon and inserting the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration; ; in subparagraph (A)(iii) by striking paragraph
(3)and inserting paragraph
(4); and in subparagraph
(B)by inserting civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or after with respect to ; in paragraph (3)— in subparagraph (A)— by striking In the performance and inserting the following: In the performance ; by striking The Administrator shall act and inserting the following: The Administrator shall act ; by striking The Administrator shall issue and inserting the following: The Administrator shall issue ; and by striking On February 1 and inserting the following: On February 1 ; and by striking subparagraphs
(B)and
(C)and inserting the following: The Administrator may not issue, unless the Secretary of Transportation approves the issuance of the regulation in advance, 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 enactment of the FAA Reauthorization Act of 2024 ) in any year; or is significant. For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation— will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024 ); raises novel or serious legal or policy issues that will substantially and materially affect other transportation modes; or adversely affects, in a substantial and material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or a State, local, or Tribal government or community. In an emergency as determined by the Administrator, the Administrator may issue a final regulation described in clause
(i)without prior approval of the Secretary. If the Secretary objects to a regulation issued under subclause
(II)in writing not later than 5 days (excluding Saturday, Sundays, and legal public holidays) after the issuance, the Administrator shall immediately rescind such regulation. The Secretary may not require that the Administrator submit a proposed or final regulation to the Secretary for approval, nor may the Administrator submit a proposed or final regulation to the Secretary for approval, if the regulation— does not require the approval of the Secretary under clause
(i)(excluding a regulation issued under clause (iii)); or is a routine or frequent action or a procedural action. The Administrator shall submit a copy of any proposed or final regulation requiring approval by the Secretary under clause
(i)to the Secretary, who shall either approve the regulation or return the regulation to the Administrator with comments not later than 30 days after receiving the regulation. If the Secretary fails to approve or return the regulation with comments to the Administrator not later than 30 days after receiving such regulation, the regulation shall be deemed to have been approved by the Secretary. For any significant regulation issued after the date of enactment of the FAA Reauthorization Act of 2024 , in addition to the review requirements established under section 5.13(d) of title 49, Code of Federal Regulations, the Administrator shall review any significant regulation 3 years after the effective date of such regulation. The Administrator may review any regulation that has been in effect for more than 3 years. In performing a review under clause
(i)or (ii), the Administrator shall determine if— the cost assumptions supporting the regulation were accurate; the intended benefit of the regulation is being realized; the need remains to continue such regulation as in effect; and the Administrator recommends updates to such regulation based on the review criteria specified in section 5.13(d) of title 49, Code of Federal Regulations. Any periodic review of a regulation under this subparagraph shall be managed by the Assistant Administrator for Rulemaking and Regulatory Improvement, who may task an advisory committee or the Management Advisory Council established under subsection
(p)to assist in performing the review. ; by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; and by inserting after paragraph
(2)the following: The Administrator shall carry out— the duties and powers of the Secretary under this subsection related to aviation safety (except duties and powers related to transportation, packaging, marking, or description of hazardous material) and stated in— subsections
(c)and
(d)of section 1132; sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117; chapter 443; chapter 445, except sections 44502(a)(3), 44503, and 44509; chapter 447, except sections 44721(b) and 44723; chapter 448; chapter 451; chapter 453; section 46104; subsections
(d)and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320; chapter 465; chapter 471; chapter 475; and chapter 509 of title 51; and such additional duties and powers as may be prescribed by the Secretary. Section 40101(d) applies to the duties and powers specified in subparagraph (A). Any of the duties and powers specified in subparagraph
(A)may only be transferred to another part of the Department if specifically provided by law or in a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out the duties or powers specified in subparagraph
(A)is administratively final. . Section 106 of title 49, United States Code, is amended by striking subsection
(g)and inserting the following: [reserved]. . Nothing in this section or the amendments made by this section shall be construed to restrict any authority vested in the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act.