FAA Reauthorization Act of 1996 (Public Law 104-264)
SEC. 230. MANAGEMENT ADVISORY COUNCIL.
Section 106 [of title 49, U.S.C.], as amended by section 229 of this Act,
is further amended by adding at the end the following:
``(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.''.