49 U.S.C. § 106 : US Code - Section 106: Federal Aviation Administration

Search 49 U.S.C. § 106 : US Code - Section 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) 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 (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.
(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);
(ii) the acquisition and maintenance of property, services,
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.
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 -
(I) have an annual effect on the economy of $250,000,000 or
more or adversely affect in a substantial and 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; or
(II) raise novel or significant legal or policy issues
arising out of legal mandates that may substantially and
materially affect other transportation modes.
(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), 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 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 (!1) 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. -
(1) Salaries, operations, and maintenance. - There is
authorized to be appropriated to the Secretary of Transportation
for salaries, operations, and maintenance of the Administration -

(A) $7,591,000,000 for fiscal year 2004;
(B) $7,732,000,000 for fiscal year 2005;
(C) $7,889,000,000 for fiscal year 2006; and
(D) $8,064,000,000 for fiscal year 2007.
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.
(F) Such sums as may be necessary for fiscal years 2004
through 2007 for the completion of the Alaska aviation safety
project with respect to the 3 dimensional mapping of Alaska's
main aviation corridors.
(G) Such sums as may be necessary for fiscal years 2004
through 2007 to carry out the Aviation Safety Reporting System.
(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. -
(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 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 -
(A) a designee of the Secretary of Transportation;
(B) a designee of the Secretary of Defense;
(C) 10 members representing aviation interests, appointed by -

(i) in the case of initial appointments to the Council, the
President by and with the advice and consent of the Senate,
except that initial appointments made after May 1, 2003,
shall be made by the Secretary of Transportation; and
(ii) in the case of subsequent appointments to the Council,
the Secretary of Transportation; and
(D) 1 member appointed, from among individuals who are the
leaders of their respective unions of air traffic control
system employees, by the Secretary of Transportation.
(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.
(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 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) -
(i) 3 shall be appointed for terms of 1 year;
(ii) 4 shall be appointed for terms of 2 years; and
(iii) 3 shall be appointed for terms of 3 years.
(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.
(ii) Effect on other law. - This subparagraph shall not be
construed -
(I) to affect any other immunity or protection that may
be available to a member of the Subcommittee under
applicable law with respect to such transactions;
(II) to affect any other right or remedy against the
United States under applicable law; or
(III) to limit or alter in any way the immunities that
are available under applicable law for Federal officers and
employees.
(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 -
(i) shall have a fiduciary responsibility to represent the
public interest;
(ii) shall be citizens of the United States; and
(iii) shall be appointed without regard to political
affiliation and solely on the basis of their professional
experience and expertise in one or more of the following
areas and, in the aggregate, should collectively bring to
bear expertise in all of the following areas:
(I) Management of large service organizations.
(II) Customer service.
(III) Management of large procurements.
(IV) Information and communications technology.
(V) Organizational development.
(VI) Labor relations.
(C) Prohibitions on members of committee. - No member of the
Committee may -
(i) have a pecuniary interest in, or own stock in or bonds
of, an aviation or aeronautical enterprise, except an
interest in a diversified mutual fund or an interest that is
exempt from the application of section 208 of title 18;
(ii) engage in another business related to aviation or
aeronautics; or
(iii) be a member of any organization that engages, as a
substantial part of its activities, in activities to
influence aviation-related legislation.
(D) General responsibilities. -
(i) Oversight. - The Committee shall oversee the
administration, management, conduct, direction, and
supervision of the air traffic control system.
(ii) Confidentiality. - The Committee shall ensure that
appropriate confidentiality is maintained in the exercise of
its duties.
(E) Specific responsibilities. - The Committee shall have the
following specific responsibilities:
(i) Strategic plans. - To review, approve, and monitor the
strategic plan for the air traffic control system, including
the establishment of -
(I) a mission and objectives;
(II) standards of performance relative to such mission
and objectives, including safety, efficiency, and
productivity; and
(III) annual and long-range strategic plans.
(ii) Modernization and improvement. - To review and approve
-
(I) methods to accelerate air traffic control
modernization and improvements in aviation safety related
to air traffic control; and
(II) procurements of air traffic control equipment in
excess of $100,000,000.
(iii) Operational plans. - To review the operational
functions of the air traffic control system, including -
(I) plans for modernization of the air traffic control
system;
(II) plans for increasing productivity or implementing
cost-saving measures; and
(III) plans for training and education.
(iv) Management. - To -
(I) review and approve the Administrator's appointment of
a Chief Operating Officer under section 106(r);
(II) review the Administrator's selection, evaluation,
and compensation of senior executives of the Administration
who have program management responsibility over significant
functions of the air traffic control system;
(III) review and approve the Administrator's plans for
any major reorganization of the Administration that would
impact on the management of the air traffic control system;
(IV) review and approve the Administrator's cost
accounting and financial management structure and
technologies to help ensure efficient and cost-effective
air traffic control operation; and
(V) review the performance and compensation of managers
responsible for major acquisition projects, including the
ability of the managers to meet schedule and budget
targets.
(v) Budget. - To -
(I) review and make recommendations on the budget request
of the Administration related to the air traffic control
system prepared by the Administrator;
(II) submit such budget recommendations to the Secretary;
and
(III) base such budget recommendations on the annual and
long-range strategic plans.
(F) Committee personnel matters and expenses. -
(i) Personnel matters. - The Committee may appoint and
terminate for purposes of employment by the Committee any
personnel that may be necessary to enable the Committee to
perform its duties, and may procure temporary and
intermittent services under section 40122.
(ii) Travel expenses. - Each member of the Committee shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(G) Administrative matters. -
(i) Powers of chair. - Except as otherwise provided by a
majority vote of the Committee, the powers of the chairperson
shall include -
(I) establishing committees;
(II) setting meeting places and times;
(III) establishing meeting agendas; and
(IV) developing rules for the conduct of business.
(ii) Meetings. - The Committee shall meet at least
quarterly and at such other times as the chairperson
determines appropriate.
(iii) Quorum. - Three members of the Committee shall
constitute a quorum. A majority of members present and voting
shall be required for the Committee to take action.
(H) Reports. -
(i) Annual. - The Committee shall each year report with
respect to the conduct of its responsibilities under this
title to the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate.
(ii) Additional report. - If a determination by the
Committee under subparagraph (D)(i) that the organization and
operation of the air traffic control system are not allowing
the Administration to carry out its mission, the Committee
shall report such determination to the Secretary, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate.
(iii) Action of administrator on report. - Not later than
60 days after the date of a report of the Committee under
this subparagraph, the Administrator shall take action with
respect to such report. If the Administrator overturns a
recommendation of the Committee, the Administrator shall
report such action to the President, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(iv) Comptroller general's report. - Not later than April
30, 2003, the Comptroller General of the United States shall
transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the success of the Committee in improving
the performance of the air traffic control system.
(I) Authorization. - There are authorized to be appropriated
to the Committee such sums as may be necessary for the
Committee to carry out its activities.
(8) Air traffic control system defined. - In this section, the
term "air traffic control system" has the meaning such term has
under section 40102(a).
(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.
(r) Chief Operating Officer. -
(1) In general. -
(A) Appointment. - There shall be a Chief Operating Officer
for the air traffic control system to be appointed by the
Administrator, with the approval of the Air Traffic Services
Committee. The Chief Operating Officer shall report directly to
the Administrator and shall be subject to the authority of the
Administrator.
(B) Qualifications. - The Chief Operating Officer shall have
a demonstrated ability in management and knowledge of or
experience in aviation.
(C) Term. - The Chief Operating Officer shall be appointed
for a term of 5 years.
(D) Removal. - The Chief Operating Officer shall serve at the
pleasure of the Administrator, except that the Administrator
shall make every effort to ensure stability and continuity in
the leadership of the air traffic control system.
(E) Vacancy. - Any individual appointed to fill a vacancy in
the position of Chief Operating Officer occurring before the
expiration of the term for which the individual's predecessor
was appointed shall be appointed for the remainder of that
term.
(2) Compensation. -
(A) In general. - The Chief Operating Officer shall be paid
at an annual rate of basic pay to be determined by the
Administrator, with the approval of the Air Traffic Services
Committee. The annual rate may not exceed the annual
compensation paid under section 102 of title 3. The Chief
Operating Officer shall be subject to the post-employment
provisions of section 207 of title 18 as if the position of
Chief Operating Officer were described in section
207(c)(2)(A)(i) of that title.
(B) Bonus. - In addition to the annual rate of basic pay
authorized by subparagraph (A), the Chief Operating Officer may
receive a bonus for any calendar year not to exceed 30 percent
of the annual rate of basic pay, based upon the Administrator's
evaluation of the Chief Operating Officer's performance in
relation to the performance goals set forth in the performance
agreement described in paragraph (3).
(3) Annual performance agreement. - The Administrator and the
Chief Operating Officer, in consultation with the Air Traffic
Services Committee, shall enter into an annual performance
agreement that sets forth measurable organization and individual
goals for the Chief Operating Officer in key operational areas.
The agreement shall be subject to review and renegotiation on an
annual basis.
(4) Annual performance report. - The Chief Operating Officer
shall prepare and transmit to the Secretary of Transportation,
the Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate an annual management report
containing such information as may be prescribed by the
Secretary.
(5) Responsibilities. - The Administrator may delegate to the
Chief Operating Officer, or any other authority within the
Administration responsibilities, including the following:
(A) Strategic plans. - To implement the strategic plan of the
Administration for the air traffic control system in order to
further -
(i) a mission and objectives;
(ii) standards of performance relative to such mission and
objectives, including safety, efficiency, and productivity;
(iii) annual and long-range strategic plans; and
(iv) methods of the Administration to accelerate air
traffic control modernization and improvements in aviation
safety related to air traffic control.
(B) Operations. - To oversee the day-to-day operational
functions of the Administration for air traffic control,
including -
(i) modernization of the air traffic control system;
(ii) increasing productivity or implementing cost-saving
measures;
(iii) training and education; and
(iv) the management of cost-reimbursable contracts.
(C) Budget. - To -
(i) develop a budget request of the Administration related
to the air traffic control system;
(ii) submit such budget request to the Administrator and
the Committee; and
(iii) ensure that the budget request supports the agency's
annual and long-range strategic plans for air traffic control
services.