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.''.