Pub. L. 106-181, tit. III, sec. 303
CHIEF OPERATING OFFICER.
SEC. 303. CHIEF OPERATING OFFICER. Section 106 is amended by adding at the end the following: “(r) Chief Operating Officer.— “(1) In general.— “(A) Appointment.—There shall be a Chief Operating Officer for the air traffic control system to be appointed by the Administrator, with the approval of the Air Traffic Services Subcommittee of the Aviation Management Advisory Council. The Chief Operating Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator. “(B) Qualifications.—The Chief Operating Officer shall have a demonstrated ability in management and knowledge of or experience in aviation. “(C) Term.—The Chief Operating Officer shall be appointed for a term of 5 years. “(D) Removal.—The Chief Operating Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the air traffic control system. “(E) Vacancy.—Any individual appointed to fill a vacancy in the position of Chief Operating Officer occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term. “(2) Compensation.— “(A) In general.—The Chief Operating Officer shall be paid at an annual rate of basic pay equal to the annual rate of basic pay of the Administrator. The Chief Operating Officer shall be subject to the post-employment provisions 114 STAT. 122 of section 207 of title 18 as if this position were described in section 207(c)(2)(Aj(i) of that title. “(B) Bonus.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Operating Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Operating Officer’s performance in relation to the performance goals set forth in the performance agreement described paragraph (3). “(3) Annual performance agreement.—The Administrator and the Chief Operating Officer, in consultation with the Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief Operating Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis. “(4) Annual performance report.—The Chief Operating Officer shall prepare and transmit to the Secretary of Transportation and Congress an annual management report containing such information as may be prescribed by the Secretary. “(5) Responsibilities.—The Administrator may delegate to the Chief Operating Officer, or any other authority within the Administration responsibilities, including the following: “(A) Strategic plans.—To develop a strategic plan of the Administration 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; “(iii) annual and long-range strategic plans; and “(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control. “(B) Operations.—To review the operational functions of the Administration, including— “(i) modernization of the air traffic control system; “(ii) increasing productivity or implementing cost-saving measures; and “(iii) training and education. “(C) Budget.—To— “(i) develop a budget request of the Administration related to the air traffic control system prepared by the Administrator; “(ii) submit such budget request to the Administrator and the Secretary of Transportation; and “(iii) ensure that the budget request supports the annual and long-range strategic plans developed under subparagraph (A) of this subsection.”.