FAA Management Advisory Council

FAA Reauthorization Act of 1996 (Public Law 104-264)


    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 
                    ``(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 
                          ``(I) 4 shall be appointed for terms of 1 
                          ``(II) 5 shall be appointed for terms of 2 
                      years; and
                          ``(III) 4 shall be appointed for terms of 3 
                    ``(iii) An individual chosen to fill a vacancy shall 
                be appointed for the unexpired term of the member 
                    ``(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 
                    ``(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