I

106TH CONGRESS

2D SESSION H. R. 5641

To establish a commission to review the Federal Aviation Administration.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 5, 2000

Mr. WOLF introduced the following bill; which was referred to the Committee

on Transportation and Infrastructure

A BILL

To establish a commission to review the Federal Aviation

Administration.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Commission for Com5 prehensive Review of the Federal Aviation Administration

6 Act’’.

7 SEC. 2. COMMISSION.

8 (a) ESTABLISHMENT.—There is to be established a

9 commission to be known as the Commission for Com10 prehensive Review of the Federal Aviation Administration

11 (referred to in this section as the ‘‘Commission’’).
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1 (b) FUNCTIONS.—The functions of the Commission

2 shall be—

3 (1) to review existing and alternative options

4 for organizational structure of air traffic services, in5 cluding a government corporation and incentive

6 based fees for services;

7 (2) to provide recommendations for any nec8 essary changes in structure of the Federal Aviation

9 Administration so that it will be able to support the

10 future growth in the national aviation and airport

11 system; except that the Commission may only rec12 ommend changes to the structure and organization

13 of the Federal Aviation Administration that are

14 within the existing structure of the Federal Govern15 ment;

16 (3) to review air traffic management system

17 performance and to identify appropriate levels of

18 cost accountability for air traffic management serv19 ices;

20 (4) to review aviation safety and make rec21 ommendations for the long-term improvement of

22 safety; and

23 (5) to make additional recommendations that

24 would advance more efficient and effective Federal

25 Aviation Administration for the benefit of the gen-
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1 eral traveling public and the aviation transportation

2 industry.

3 (c) MEMBERSHIP.—

4 (1) APPOINTMENTS.—The Commission shall be

5 composed of 21 members appointed by the President

6 as follows:

7 (A) 8 individuals with no personal or busi8 ness financial interest in the airline or aero9 space industry to represent the traveling public.

10 Of these, 1 shall be a nationally recognized ex11 pert in finance, 1 in corporate management and

12 1 in human resources management.

13 (B) 4 individuals from the airline industry.

14 Of these, 1 shall be from a major national air

15 carrier, and 1 from an unaffiliated regional air

16 carrier, 1 from a cargo air carrier.

17 (C) 3 individuals representing labor and

18 professional associations. Of these, 1 shall be

19 from National Air Traffic Controllers Associa20 tion, 1 from the Air Line Pilots Association,

21 and 1 from the Professional Airways Systems

22 Specialists.

23 (D) 2 individuals representing airports and

24 airport authorities. Of these, 1 shall be rep25 resent a large hub airport.
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1 (E) 1 individual representing the aerospace

2 and aircraft manufacturers industries.

3 (F) 1 individual from the Department of

4 Defense.

5 (G) 2 individuals from the Department of

6 Transportation. Of these, 1 shall be from the

7 Federal Aviation Administration and 1 from the

8 Office of the Secretary of Transportation.

9 (2) TERMS.—Each member shall be appointed

10 for a term of 18 months.

11 (d) FIRST MEETING.—The Commission may conduct

12 its first meeting as soon as a majority of the members

13 of the Commission are appointed.

14 (e) HEARINGS AND CONSULTATION.—

15 (1) HEARINGS.—The Commission shall take

16 such testimony and solicit and receive such com17 ments from the public and other interested parties

18 as it considers appropriate, shall conduct at least 2

19 public hearings after affording adequate notice to

20 the public thereof, and may conduct such additional

21 hearings as may be necessary.

22 (2) CONSULTATION.—The Commission shall

23 consult on a regular and frequent basis with the

24 Secretary of Transportation, the Secretary of De25 fense, the Committee on Commerce, Science, and
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1 Transportation, the Committee on Appropriations

2 and the Committee on Finance of the Senate, and

3 the Committee on Transportation and Infrastruc4 ture, the Committee on Appropriations and the

5 Committee on Ways and Means of the House of

6 Representatives.

7 (3) FACA NOT TO APPLY.—The Commission

8 shall not be considered an advisory committee for

9 purposes of the Federal Advisory Committee Act (5

10 U.S.C. App.).

11 (f) ACCESS TO DOCUMENTS AND STAFF.—The Fed12 eral Aviation Administration may give the Commission ap13 propriate access to relevant documents and personnel and

14 shall make available, consistent with the authority to with15 hold commercial and other proprietary information under

16 section 552 of title 5, United States Code (commonly

17 known as the ‘‘Freedom of Information Act’’), cost data

18 associated with the acquisition and operation of air traffic

19 service systems. Any member of the Commission who re20 ceives commercial or other proprietary data from the Fed21 eral Aviation Administration shall be subject to the provi22 sions of section 1905 of title 18, United States Code, per23 taining to unauthorized disclosure of such information.

24 (g) TRAVEL AND PER DIEM.—Each member of the

25 Commission shall be paid actual travel expenses, and per
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1 diem in lieu of subsistence expenses when away from such

2 member’s usual place of residence, in accordance with sec3 tion 5703 of title 5, United States Code.

4 (h) DETAIL OF PERSONNEL FROM THE FEDERAL

5 AVIATION ADMINISTRATION.—The Administrator of the

6 Federal Aviation Administration shall make available to

7 the Commission such staff, administrative services, and

8 other personnel assistance as may reasonably be required

9 to enable the Commission to carry out its responsibilities

10 under this section.

11 SEC. 3. REPORT OF THE COMMISSION.

12 (a) REPORT TO CONGRESS.—Not later than 30 days

13 after receiving the final report of the Commission and in

14 no event more than 1 year after the date of the enactment

15 of this Act, the Secretary of Transportation, after con16 sulting the Secretary of Defense, shall transmit a report

17 to the Committees on Commerce, Science, and Transpor18 tation, Appropriations, and Finance of the Senate and the

19 Committees on Transportation and Infrastructure, Appro20 priations, and Ways and Means of the House of Rep21 resentatives.

22 (b) CONTENTS.—The Secretary shall include in the

23 report to Congress under subsection (a) a final report of

24 findings and recommendations of the Commission under

25 section 2(b), including any necessary changes to current
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1 law to carry out these recommendations in the form of

2 proposed legislation.

3 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

4 There is authorized to be appropriated such sums as

5 may be necessary to carry out this Act.

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