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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Commission for Com-
prehensive Review of the Federal Aviation Administration
Act’’.
SEC. 2. COMMISSION.
(a) ESTABLISHMENT.—There is to be established a
commission to be known as the Commission for Com-
prehensive Review of the Federal Aviation Administration
(referred to in this section as the ‘‘Commission’’).
(b) FUNCTIONS.—The functions of the Commission
shall be—
(1) to review existing and alternative options
for organizational structure of air traffic services, in-
cluding a government corporation and incentive
based fees for services;
(2) to provide recommendations for any nec-
essary changes in structure of the Federal Aviation
Administration so that it will be able to support the
future growth in the national aviation and airport
system; except that the Commission may only rec-
ommend changes to the structure and organization
of the Federal Aviation Administration that are
within the existing structure of the Federal Govern-
ment;
(3) to review air traffic management system
performance and to identify appropriate levels of
cost accountability for air traffic management serv-
ices;
(4) to review aviation safety and make rec-
ommendations for the long-term improvement of
safety; and
(5) to make additional recommendations that
would advance more efficient and effective Federal
Aviation Administration for the benefit of the gen-
eral traveling public and the aviation transportation
industry.
(c) MEMBERSHIP.—
(1) APPOINTMENTS.—The Commission shall be
composed of 21 members appointed by the President
as follows:
(A) 8 individuals with no personal or busi-
ness financial interest in the airline or aero-
space industry to represent the traveling public.
Of these, 1 shall be a nationally recognized ex-
pert in finance, 1 in corporate management and
1 in human resources management.
(B) 4 individuals from the airline industry.
Of these, 1 shall be from a major national air
carrier, and 1 from an unaffiliated regional air
carrier, 1 from a cargo air carrier.
(C) 3 individuals representing labor and
professional associations. Of these, 1 shall be
from National Air Traffic Controllers Associa-
tion, 1 from the Air Line Pilots Association,
and 1 from the Professional Airways Systems
Specialists.
(D) 2 individuals representing airports and
airport authorities. Of these, 1 shall be rep-
resent a large hub airport.
(E) 1 individual representing the aerospace
and aircraft manufacturers industries.
(F) 1 individual from the Department of
Defense.
(G) 2 individuals from the Department of
Transportation. Of these, 1 shall be from the
Federal Aviation Administration and 1 from the
Office of the Secretary of Transportation.
(2) TERMS.—Each member shall be appointed
for a term of 18 months.
(d) FIRST MEETING.—The Commission may conduct
its first meeting as soon as a majority of the members
of the Commission are appointed.
(e) HEARINGS AND CONSULTATION.—
(1) HEARINGS.—The Commission shall take
such testimony and solicit and receive such com-
ments from the public and other interested parties
as it considers appropriate, shall conduct at least 2
public hearings after affording adequate notice to
the public thereof, and may conduct such additional
hearings as may be necessary.
(2) CONSULTATION.—The Commission shall
consult on a regular and frequent basis with the
Secretary of Transportation, the Secretary of De-
fense, the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations
and the Committee on Finance of the Senate, and
the Committee on Transportation and Infrastruc-
ture, the Committee on Appropriations and the
Committee on Ways and Means of the House of
Representatives.
(3) FACA NOT TO APPLY.—The Commission
shall not be considered an advisory committee for
purposes of the Federal Advisory Committee Act (5
U.S.C. App.).
(f) ACCESS TO DOCUMENTS AND STAFF.—The Fed-
eral Aviation Administration may give the Commission ap-
propriate access to relevant documents and personnel and
shall make available, consistent with the authority to with-
hold commercial and other proprietary information under
section 552 of title 5, United States Code (commonly
known as the ‘‘Freedom of Information Act’’), cost data
associated with the acquisition and operation of air traffic
service systems. Any member of the Commission who re-
ceives commercial or other proprietary data from the Fed-
eral Aviation Administration shall be subject to the provi-
sions of section 1905 of title 18, United States Code, per-
taining to unauthorized disclosure of such information.
(g) TRAVEL AND PER DIEM.—Each member of the
Commission shall be paid actual travel expenses, and per
diem in lieu of subsistence expenses when away from such
member’s usual place of residence, in accordance with sec-
tion 5703 of title 5, United States Code.
(h) DETAIL OF PERSONNEL FROM THE FEDERAL
AVIATION ADMINISTRATION.—The Administrator of the
Federal Aviation Administration shall make available to
the Commission such staff, administrative services, and
other personnel assistance as may reasonably be required
to enable the Commission to carry out its responsibilities
under this section.
SEC. 3. REPORT OF THE COMMISSION.
(a) REPORT TO CONGRESS.—Not later than 30 days
after receiving the final report of the Commission and in
no event more than 1 year after the date of the enactment
of this Act, the Secretary of Transportation, after con-
sulting the Secretary of Defense, shall transmit a report
to the Committees on Commerce, Science, and Transpor-
tation, Appropriations, and Finance of the Senate and the
Committees on Transportation and Infrastructure, Appro-
priations, and Ways and Means of the House of Rep-
resentatives.
(b) CONTENTS.—The Secretary shall include in the
report to Congress under subsection (a) a final report of
findings and recommendations of the Commission under
section 2(b), including any necessary changes to current
law to carry out these recommendations in the form of
proposed legislation.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out this Act.
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