; (ii) is for infrastructure or a system related to necessary modernization or sustainment of the air traffic control system; (iii) is listed for any year in the most recent National Airspace System Capital Investment Plan of the Administration; and (iv) would have been recommended for funding through the budget referred to in subparagraph (A) by the Administrator if— (I) additional resources had been available for the budget to fund the program, activity, or mission requirement; or (II) the program, activity, or mission requirement has emerged since the budget was formulated. . 214. Chief Technology Officer Section 106(s) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking There shall be and all that follows through the period at the end and inserting The Chief Technology Officer shall be appointed by the Administrator. ; (B) in subparagraph (B) by striking management and inserting management, systems management, ; (C) by striking subparagraphs (C) and (D); (D) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (E) by inserting before subparagraph (B), as so redesignated, the following: (A) Establishment There shall be a Chief Technology Officer for the air traffic control system that shall report directly to the Chief Operating Officer of the air traffic control system. ; (2) in paragraph (2)— (A) in subparagraph (A) by striking program ; and (B) in subparagraph (F) by striking aircraft operators and inserting the Administration, aircraft operators, or other private providers of information and services related to air traffic management ; and (3) in paragraph (3)— (A) in subparagraph (A) by striking The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that title. ; (B) by redesignating subparagraph (B) as subparagraph (C)