(C) Such sums as may be necessary for fiscal years 2000 through 2003 to support infrastructure systems development for both general aviation and the vertical flight industry. (D) Such sums as may be necessary for fiscal years 2000 through 2003 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients. (E) Such sums as may be necessary for fiscal years 2000 through 2003 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. (F) $3,300,000 for fiscal year 2000 and $3,000,000 for each of fiscal years 2001 through 2003 to implement the 1998 airport surface operations safety action plan of the Federal Aviation Administration. (G) $9,100,000 for fiscal year 2001 to support air safety efforts through payment of United States membership obligations in the International Civil Aviation Organization, to be paid as soon as practicable. (H) Such sums as may be necessary for fiscal years 2000 through 2003 for the Secretary to hire additional inspectors in order to enhance air cargo security programs. (I) Such sums as may be necessary for fiscal years 2000 through 2003 to develop and improve training programs (including model training programs and curriculum) for security screening personnel at airports that will be used by airlines to meet regulatory requirements relating to the training and testing of such personnel. (1) PERSONNEL AND SERVICES.— (1) OFFICERS AND EMPLOYEES.-Except as provided in section 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; (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. (0) 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. (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 181 members, who shall consist of (A) a designee of the Secretary of Transportation; (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; and (ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; 1 The amendment made by section 8(a) of Public Law 106-528 (114 Stat. 2522) was carried out to reflect the probable intent of the Congress. This amendment did not specify that it applied to title 49, United States Code. (D) 1 member appointed, from among individuals who are the leaders of their respective unions of air traffic control system employees, by (i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and (ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and (E) 5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (3) QUALIFICATIONS.— (A) NO FEDERAL OFFICER OR EMPLOYEE.-No member appointed under paragraph (2)(C) or (2)(E) may serve as an officer or employee of the United States Government while serving as a member of the Council. (B) AIR TRAFFIC SERVICES SUBCOMMITTEE.-Members appointed under paragraph (2)(E) shall (i) have a fiduciary responsibility to represent the public interest; (ii) be citizens of the United States; and (iii) 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: (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. At least one of such members should have a background in managing large organizations successfully. In the aggregate, such members should collectively bring to bear expertise in all of the areas described in subclauses (I) through (VI). (C) PROHIBITIONS ON MEMBERS OF SUBCOMMITTEE.—No member appointed under paragraph (2)(E) 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. (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 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 SUBCOMMITTEE MEMBERS. The member appointed under paragraph (2)(E) shall be appointed for a term of 5 years, except that of the members first appointed under paragraph (2)(E)— (i) 2 members shall be appointed for a term of 3 years; (ii) 2 members shall be appointed for a term of 4 years; and (iii) 1 member shall be appointed for a term of 5 years. |