AIR TRAFFIC CONTROL OVERSIGHT.

SEC. 302. AIR TRAFFIC CONTROL OVERSIGHT. (a) Aviation Management Advisory Council.— (1) Membership.—Section 106(p)(2) is amended— (A) by striking “and” at the end of subparagraph (B); and (B) by striking subparagraph (C) and inserting the following: “(C) 10 members representing aviation interests, appointed by— 114 STAT. 116 “(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; “(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.”. (2) Qualifications.—Section 106(p)(3) is amended— (A) by inserting “(A) No federal officer or employee.—” before “No member”; (B) by inserting “or (2)(E)” after “paragraph (2)(C)”; (C) by adding at the end the following: “(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 sub clauses (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.”; and 114 STAT. 117 (D) by indenting subparagraph (A) (as designated by subparagraph (A) of this paragraph) and aligning it with subparagraph (B) of such section (as added by subparagraph (C) of this paragraph). (b) Terms of Members.—Section 106(p)(6) is amended— (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (J), (K), and (L), respectively; and (2) by striking subparagraph (A) and inserting the following: “(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. “(D) Reappointment.—An individual may not be appointed under paragraph (2)(E) to more than two 5-year terms. “(E) Vacancy.—Any vacancy on the Council 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 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 Council appointed under paragraph (2)(E) may be removed for cause by the Secretary. “(H) Claims against members of subcommittee.— “(i) In general.—A member appointed under paragraph (2)(E) shall have no personal liability under Federal law with respect to any claim arising out of 114 STAT. 118 or resulting from an act or omission by such member within the scope of service as a member of the Air Traffic Services Subcommittee. “(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 appointed under paragraph (2)(E) is a member of the Subcommittee, 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 appointed under paragraph (2)(E) 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 Subcommittee; except that subsections (c)(2)(B) and (f) of section 207 of such title shall not apply.”. (c) Air Traffic Services Subcommittee.—Section 106(p) is amended by adding at the end the following: “(7) Air traffic services subcommittee.— “(A) In general.—The Management Advisory Council shall have an air traffic services subcommittee (in this paragraph referred to as the ‘Subcommittee’) composed of the five members appointed under paragraph (2)(E). “(B) General responsibilities.— “(i) Oversight.—The Subcommittee shall oversee the administration, management, conduct, direction, and supervision of the air traffic control system. “(ii) Confidentiality.—The Subcommittee shall ensure that appropriate confidentiality is maintained in the exercise of its duties. “(C) Specific responsibilities.—The Subcommittee 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. 114 STAT. 119 “(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 approve the budget request of the Administration related to the air traffic control system prepared by the Administrator; “(II) submit such budget request to the Secretary; and “(III) ensure that the budget request supports the annual and long-range strategic plans. The Secretary shall submit the budget request referred to in clause (v)(II) for any fiscal year to the President who shall transmit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President’s annual budget request for the Federal Aviation Administration for such fiscal year. “(D) Subcommittee personnel matters.— “(i) Compensation of members.—Each member of the Subcommittee shall be compensated at a rate of $25,000 per year. 114 STAT. 120 “(ii) Compensation of chairperson.—Notwithstanding clause (i), the chairperson of the Subcommittee shall be compensated at a rate of $40,000 per year. “(iii) Staff.—The chairperson of the Subcommittee may appoint and terminate any personnel that may be necessary to enable the Subcommittee to perform its duties. “(iv) Procurement of temporary and intermittent services.—The chairperson of the Subcommittee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. “(E) Administrative matters.— “(i) Term of chair.—The members of the Subcommittee shall elect for a 2-year term a chairperson from among the members of the Subcommittee. “(ii) Powers of chair.—Except as otherwise provided by a majority vote of the Subcommittee, 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. “(iii) Meetings.—The Subcommittee shall meet at least quarterly and at such other times as the chairperson determines appropriate. “(iv) Quorum.—Three members of the Subcommittee shall constitute a quorum. A majority of members present and voting shall be required for the Subcommittee to take action. “(F) Reports.— “(i) Annual.—The Subcommittee shall each year report with respect to the conduct of its responsibilities under this title to the Administrator, the Council, 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 Subcommittee under subparagraph (B)(i) that the organization and operation of the air traffic control system are not allowing the Administration to carry out its mission, the Subcommittee shall report such determination to the Administrator, the Council, 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 Subcommittee under this subparagraph, the Administrator shall take action with respect to such report. If the Administrator overturns a recommendation of the Subcommittee, 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. 114 STAT. 121 “(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 Subcommittee in improving the performance of the air traffic control system. “(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).”. (d) Effective Dates.— (1) In general.—The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Initial nominations to air traffic services subcommittee.—The Secretary shall make the initial appointments of the Air Traffic Services Subcommittee of the Aviation Management Advisory Council not later than 3 months after the date of the enactment of this Act. (3) Effect on actions prior to appointment of subcommittee.—Nothing in this section shall be construed to invalidate the actions and authority of the Federal Aviation Administration prior to the appointment of the members of the Air Traffic Services Subcommittee.