Sec. 211. MANAGEMENT ADVISORY COUNCIL

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## SEC. 211 MANAGEMENT ADVISORY COUNCIL Section 106 of title 49, United States Code, is further amended— ####

(1)by transferring paragraph

(8)of subsection

(p)to subsection

(r)and redesignating such paragraph as paragraph (7); and ####

(2)by striking subsection

(p)and inserting the following: > > ### “(p) Management Advisory Council > > > #### “(1) Establishment > > The Administrator shall establish an advisory council which shall be known as the Federal Aerospace Management Advisory Council (in this subsection referred to as the ‘Council’). > > > #### “(2) Membership > > The Council shall consist of 13 members, who shall consist of— > > > ##### “(A) > > a designee of the Secretary of Transportation; > > > ##### “(B) > > a designee of the Secretary of Defense; > > > ##### “(C) > > 5 members representing aerospace and technology interests, appointed by the Administrator; > > > ##### “(D) > > 5 members representing aerospace and technology interests, appointed by the Secretary of Transportation; and > > > ##### “(E) > > 1 member, appointed by the Secretary of Transportation, who is the head of a union representing air traffic control system employees. > > > #### “(3) Qualifications > > No officer or employee of the Federal Government may be appointed to the Council under subparagraph

(C)or

(D)of paragraph (2). > > > #### “(4) Functions > > > ##### “(A) In general > > > ###### “(i) Advise; counsel > > The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the activities of the Administrator. > > > ###### “(ii) Resource > > The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administrator. > > > ###### “(iii) Submissions to administration > > With respect to Administration management, policy, spending, funding, data management and analysis, safety initiatives, international agreements, activities of the International Civil Aviation Organization, and regulatory matters affecting the aerospace industry and the national airspace system, the Council may— > > > ###### “(I) > > regardless of whether solicited by the Administrator, submit comments, recommended modifications, proposals, and supporting or dissenting views to the Administrator; and > > > ###### “(II) > > request the Administrator 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 or supporting views received from the Council under subclause (I). > > > ###### “(iv) Reasoning > > Together with a Council submission that is published or described under clause (iii)(II), the Administrator may provide the reasons for any differences between the views of the Council and the views or actions of the Administrator. > > > ###### “(v) Cost-benefit analysis > > 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. > > > ###### “(vi) Process review > > The Council shall review the process through which the Administration determines to use advisory circulars, service bulletins, and other externally facing guidance and regulatory material. > > > ##### “(B) Meetings > > The Council shall meet not less than 3 times annually or at the call of the chair or the Administrator. > > > ##### “(C) Access to documents and staff > > The Administrator 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. > > > ##### “(D) Disclosure of commercial or proprietary data > > Any member of the Council who receives commercial or other proprietary data as provided for in this paragraph from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information. > > > #### “(5) Application of chapter 10 of title 5 > > Chapter 10 of title 5 does not apply to— > > > ##### “(A) > > the Council; > > > ##### “(B) > > such aviation rulemaking committees as the Administrator shall designate; or > > > ##### “(C) > > such aerospace rulemaking committees as the Secretary shall designate. > > > #### “(6) Administrative matters > > > ##### “(A) Terms > > Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years. > > > ##### “(B) Term for air traffic control representative > > The member appointed under paragraph (2)(E) 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)(E). > > > ##### “(C) Vacancy > > Any vacancy on the Council shall be filled in the same manner as the original appointment, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term. > > > ##### “(D) Continuation in office > > A member of the Council whose term expires shall continue to serve until the date on which the successor of the member takes office. > > > ##### “(E) Removal > > Any member of the Council appointed under paragraph

(2)may be removed for cause by whomever makes the appointment. > > > ##### “(F) Chair; vice chair > > The Council shall elect a chair and a vice chair from among the members appointed under subparagraphs

(C)and

(D)of paragraph (2), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chair in the absence of the chair. > > > ##### “(G) 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 the usual place of residence of the member, in accordance with section 5703 of title 5. > > > ##### “(H) 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 the responsibilities of the Council under this subsection.” > .