‘‘(B) Members of the Board appointed 
under paragraph (2)(B) shall be citizens of the 
United States, and it is recommended that they 
shall be appointed without regard to political 
affiliation and solely on the basis of their pro-
fessional experience and expertise in one or 
more of the following areas and, in the aggre-
gate, should collectively bring to bear expertise 
in the following areas: 
‘‘(i) management of large service or-
ganizations; 
‘‘(ii) customer service; 
‘‘(iii) management of large procure-
ments; 
‘‘(iv) information and communications 
technology; 
‘‘(v) organizational development; and 
‘‘(vi) labor relations. 
‘‘(4) FUNCTIONS.— 
‘‘(A) IN GENERAL.—The Board shall— 
‘‘(i) review and provide advice on the 
Administration’s safety programs, budget, 
and cost accounting system; 
‘‘(ii) review the Administration’s stra-
tegic plan and make recommendations on 
VerDate Aug 31 2005 
05:52 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H1356.IH
H1356
mstockstill on PROD1PC66 with BILLS
the non-safety program portions of the 
plan, and provide advice on the safety pro-
grams of the plan; 
‘‘(iii) review the operational efficiency 
of the air traffic control system and make 
recommendations on the operational and 
performance metrics for that system; 
‘‘(iv) review and make recommenda-
tions on the Administration’s plan for 
modernizing that system and capital ex-
penditures for a project of $100,000,000 
or more related to the system; 
‘‘(v) make recommendations of the 
type and level of fees to be established by 
the Administration under sections 45305 
and 45306 and for any adjustments to 
those fees in accordance with the proce-
dures established under those sections; and 
‘‘(vi) provide advice on the Adminis-
trator’s selection of a Chief Operating Offi-
cer for the Air Traffic Organization and on 
the appointment and compensation of its 
managers. 
VerDate Aug 31 2005 
05:52 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H1356.IH
H1356
mstockstill on PROD1PC66 with BILLS
‘‘(B) MEETINGS.—The Board 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 
Board 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 control 
systems. Any member of the Board who re-
ceives 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.) shall not apply to the Board or such 
rulemaking committees as the Administrator shall 
designate. 
‘‘(6) ADMINISTRATIVE MATTERS.— 
VerDate Aug 31 2005 
05:52 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H1356.IH
H1356
mstockstill on PROD1PC66 with BILLS
‘‘(A) TERMS OF MEMBERS.—Members of 
the Board appointed under paragraphs (2)(B) 
and (2)(C) shall be appointed for a term of 3 
years. Of the members first appointed by the 
Secretary— 
‘‘(i) 3 shall be appointed for terms of 
1 year; 
‘‘(ii) 4 shall be appointed for terms of 
2 years; 
‘‘(iii) 4 shall be appointed for terms of 
3 years. 
‘‘(B) 
REAPPOINTMENT.—No 
individual 
may be appointed to the Board for more than 
six years total. 
‘‘(C) VACANCY.—Any vacancy on the 
Board shall be filled in the same manner as the 
original position. 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. 
‘‘(D) CONTINUATION IN OFFICE.—A mem-
ber of the Board whose term expires shall con-
tinue to serve until the date on which the mem-
ber’s successor takes office. 
VerDate Aug 31 2005 
05:52 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H1356.IH
H1356
mstockstill on PROD1PC66 with BILLS
‘‘(E) REMOVAL.—Any member of the 
Board appointed under paragraph (2)(B) or 
(2)(C) may be removed by the Secretary. 
‘‘(F) CLAIMS AGAINST MEMBERS OF THE 
BOARD.— 
‘‘(i) IN
GENERAL.—A member ap-
pointed to the Board shall have no per-
sonal liability under State or Federal law 
with respect to any claim arising out of or 
resulting from an act or omission by such 
member within the scope of service as a 
member of the Board. 
‘‘(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 Board under applica-
ble law with respect to such trans-
actions; 
(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 
VerDate Aug 31 2005 
05:52 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H1356.IH
H1356
mstockstill on PROD1PC66 with BILLS
under applicable law for Federal offi-
cers and employees. 
‘‘(G) ETHICAL
CONSIDERATIONS.—Each 
member of the Board appointed under para-
graph (2)(B) must self-certify that he or she— 
‘‘(i) does not have a pecuniary interest 
in, or own stock in or bonds of, an aviation 
or aeronautical enterprise, except an inter-
est in a diversified mutual fund or an in-
terest that is exempt from the application 
of section 208 of title 18; 
‘‘(ii) does not engage in another busi-
ness related to aviation or aeronautics; or 
‘‘(iii) is not a member of any organi-
zation that engages, as a substantial part 
of its activities, in activities to influence 
aviation-related legislation. 
‘‘(H) CHAIRMAN; VICE
CHAIRMAN.—The 
Board shall elect a chair and a vice chair from 
among its members, each of whom shall serve 
for a term of 2 years. The vice chair shall per-
form the duties of the chairman in the absence 
of the chairman. 
‘‘(I) COMPENSATION.—No member shall 
receive any compensation or other benefits from 
VerDate Aug 31 2005 
05:52 Mar 09, 2007
Jkt 059200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H1356.IH
H1356
mstockstill on PROD1PC66 with BILLS