110 
‘‘(3) any other observed activities endangering 
persons or property in the air or on the ground. 
‘‘(b) ASSISTANCE IN ENFORCEMENT ACTIONS.—The 
Corporation shall provide necessary assistance in any en-
forcement action taken by the Administrator resulting 
from a report of the Corporation or another person or en-
tity. 
‘‘(c) STATUTORY CONSTRUCTION.—This section may 
not be construed to limit the authority of the Adminis-
trator to undertake enforcement actions upon the Admin-
istrator’s initiative. 
‘‘§ 90506. Insurance requirements 
‘‘The Corporation shall maintain adequate liability 
insurance policies and coverages, as determined by the 
Secretary, including complete indemnification of employ-
ees of the Corporation for acts within the scope of employ-
ment. 
‘‘CHAPTER 907—GENERAL RIGHTS OF AC-
CESS TO AIRSPACE, AIRPORTS, AND 
AIR TRAFFIC SERVICES VITAL FOR EN-
SURING SAFE OPERATIONS FOR ALL 
USERS 
‘‘Sec. 
‘‘90701. Access to airspace. 
‘‘90702. Access to airports. 
‘‘90703. Contract tower service after date of transfer. 
‘‘90704. Availability of safety information to general aviation operators. 
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‘‘90705. Special rules and appeals process for air traffic management proce-
dures, assignments, and classifications of airspace. 
‘‘90706. Definitions. 
‘‘§ 90701. Access to airspace 
‘‘The Secretary shall take such actions as are nec-
essary to ensure that an air traffic services user is not 
denied access to airspace or air traffic services on the basis 
that the user is exempt from charges and fees under sec-
tion 90313. 
‘‘§ 90702. Access to airports 
‘‘In carrying out section 90501(c)(3), the Secretary 
shall determine whether a proposal would materially re-
duce access to a public-use airport, including a general 
aviation or rural airport. 
‘‘§ 90703. Contract tower service after date of transfer 
‘‘(a) TRANSFER OF CONTRACT TOWER AGREEMENTS 
TO CORPORATION.—In carrying out section 91302(e), the 
Secretary shall take such actions as are necessary to en-
sure that the Corporation assumes the contract and other 
obligations associated with the operation of an air traffic 
control tower that, prior to the date of transfer, was oper-
ated under a contract pursuant to section 47124. 
‘‘(b) SPECIAL RULES FOR PROPOSALS RELATING TO 
OPERATION OF CONTRACT TOWERS.— 
‘‘(1) IN GENERAL.—The regulations and stand-
ards prescribed under section 90501(a)(1) shall in-
clude procedures for the Secretary to evaluate, under 
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section 90501(c), a proposal for an airspace change, 
including an airspace reclassification, that results 
from the proposed closure of a tower that is oper-
ating under a contract with the Corporation and 
that, prior to the date of transfer, was operated 
under a contract with the Secretary pursuant to sec-
tion 47124. 
‘‘(2) PROCEDURES.—The procedures required 
pursuant to paragraph (1) shall include— 
‘‘(A) the advance submission by the Cor-
poration of necessary supporting data, analysis, 
and documentation related to— 
‘‘(i) the safety risk management as-
sessment of the proposed contract tower 
closure; 
‘‘(ii) an assessment of the impact of 
the proposed closure on the operation of 
the national airspace system; 
‘‘(iii) an assessment of the impact of 
the proposed closure on local communities, 
including with respect to air service; 
‘‘(iv) an assessment, in consultation 
with the Secretary of Defense and the Sec-
retary of Homeland Security, as appro-
priate, of any impact of the proposed clo-
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sure on military aviation readiness and 
training, homeland security aviation oper-
ations, emergency management and dis-
aster aviation operations, and law enforce-
ment aviation operations; and 
‘‘(v) any other safety or operational 
information the Secretary determines to be 
necessary to understand the safety impact 
of the proposed closure; and 
‘‘(B) a process to receive input from the 
public, impacted air traffic services users, local 
communities, and the airport operator of the 
airport where the contract tower proposed to be 
closed is located. 
‘‘§ 90704. Availability of safety information to general 
aviation operators 
‘‘In carrying out section 90504, the Corporation shall 
ensure that the safety information referenced in that sec-
tion is made available to general aviation operators. 
‘‘§ 90705. Special rules and appeals process for air 
traffic management procedures, assign-
ments, and classifications of airspace 
‘‘(a) IN GENERAL.—If the Corporation proposes to 
modify, reduce, decommission, or eliminate an air traffic 
service or air navigation facility that would result in the 
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114 
loss of or material reduction in access to a public-use air-
port or adjacent airspace for any class, category, or type 
of aircraft or aircraft operation, as determined by the Sec-
retary, the Secretary shall designate an officer to issue 
a notice in the Federal Register and establish a docket 
that includes— 
‘‘(1) a copy of the Corporation’s proposal; 
‘‘(2) available data on the usage of the affected 
air traffic service or air navigation facility; 
‘‘(3) an assessment of the designated officer on 
the effects of the proposal; and 
‘‘(4) an assessment of the designated officer on 
any proposed action to mitigate the loss of or mate-
rial reduction in access to the public-use airport or 
adjacent airspace. 
‘‘(b) PROCEEDING.—The designated officer shall pro-
vide an opportunity for public comment on the proposal 
for a period of at least 60 days. 
‘‘(c) DECISION.—Not later than 30 days after the 
last day of the public comment period, the designated offi-
cer shall— 
‘‘(1) determine whether the proposal is in the 
public interest, including whether any material re-
duction in access to a public-use airport or adjacent 
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115 
airspace has been mitigated to the maximum extent 
practicable; and 
‘‘(2) approve or disapprove the proposal on that 
basis. 
‘‘(d) RELATIONSHIP TO OTHER REQUIREMENTS.— 
Notwithstanding section 90501(c), a proposal described in 
subsection (a)— 
‘‘(1) shall be subject to the process established 
in this section; and 
‘‘(2) may not be implemented unless approved 
under this section. 
‘‘(e) APPEALS AND SECRETARIAL REVIEW.— 
‘‘(1) WRITTEN PETITION FOR REVIEW.—A peti-
tion for an appeal of a decision of the designated of-
ficer under subsection (c) shall be submitted in writ-
ing to the Secretary not later than 30 days after the 
date of the decision. 
‘‘(2) SECRETARIAL
REVIEW.—The Secretary 
shall review and make a determination with respect 
to a timely filed petition under paragraph (1) not 
later than 30 days after the date of receipt of the 
petition. 
‘‘(f) DECISIONAL STANDARDS.—In making a deter-
mination under this section, neither the Secretary nor the 
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designated officer may consider any factor not directly 
germane to— 
‘‘(1) the safe operation or navigation of an air-
craft; or 
‘‘(2) the sufficiency of mitigation efforts related 
to a material reduction in access to a public-use air-
port or adjacent airspace. 
‘‘(g) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any determination made by 
the Secretary under subsection (e)(2) shall be sub-
ject to judicial review pursuant to subsections (a), 
(b), (d), and (e) of section 46110. 
‘‘(2) STANDARD OF REVIEW.— 
‘‘(A) DISAPPROVALS.—In the case of a pe-
tition filed under section 46110(a) to review a 
determination of the Secretary that disapproves 
a proposal, the court shall, without deference to 
the Secretary’s determination, review de novo 
the record to determine if the Secretary’s deter-
mination is in the public interest. 
‘‘(B) APPROVALS.—In the case of a peti-
tion filed under section 46110(a) to review a 
determination of the Secretary that approves a 
proposal, the court may overturn the approval 
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117 
only upon a finding of clear error or an abuse 
of discretion. 
‘‘§ 90706. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) MATERIAL REDUCTION.—The term ‘mate-
rial reduction’ means, with respect to access to a 
public-use airport, including a general aviation or 
rural airport, a materially diminished ability to safe-
ly operate or navigate to or from the airport or adja-
cent airspace during a time of day, weather condi-
tion, or season of the year. 
‘‘(2) RURAL AIRPORT.—The term ‘rural airport’ 
means a public-use airport located in a rural area 
(as that term is defined in section 520 of the Hous-
ing Act of 1949 (42 U.S.C. 1490)). 
‘‘CHAPTER 
909—CONTINUITY 
OF 
AIR 
TRAFFIC SERVICES TO DEPARTMENT 
OF 
DEFENSE 
AND 
OTHER 
PUBLIC 
AGENCIES 
‘‘Sec. 
‘‘90901. Continuity of air traffic services provided by Department of Defense. 
‘‘90902. Military and other public aircraft exempt from user fees. 
‘‘90903. Air traffic services for Federal agencies. 
‘‘90904. Emergency powers of Armed Forces. 
‘‘90905. Adherence to international agreements related to operations of Armed 
Forces. 
‘‘90906. Primacy of Armed Forces in times of war. 
‘‘90907. Cooperation with Department of Defense and other Federal agencies 
after date of transfer. 
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118 
‘‘§ 90901. Continuity of air traffic services provided 
by Department of Defense 
‘‘After the date of transfer, the Department of De-
fense, as directed by the President, is authorized and per-
mitted to provide air traffic services within United States 
airspace and international airspace delegated to the 
United States. 
‘‘§ 90902. Military and other public aircraft exempt 
from user fees 
‘‘The Corporation may not impose charges or fees for 
operations of aircraft owned or operated by the Armed 
Forces or other aircraft that qualify as public aircraft 
under sections 40102(a) and 40125. 
‘‘§ 90903. Air traffic services for Federal agencies 
‘‘Before the date of transfer, the Secretary shall es-
tablish processes, requirements, procedures, and regula-
tions and take any other measure necessary, consistent 
with the purposes of this subtitle, to ensure that all United 
States Government activities supported by the FAA’s op-
eration of air traffic services as of the date of transfer 
receive support from the Corporation after the date of 
transfer and on an ongoing basis. 
‘‘§ 90904. Emergency powers of Armed Forces 
‘‘The requirements of section 90501 shall not apply 
to airspace actions necessitated by an exercise of authority 
under section 40106. 
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119 
‘‘§ 90905. Adherence to international agreements re-
lated to operations of Armed Forces 
‘‘In carrying out section 90503, the Corporation shall 
ensure that the obligations described in that section in-
clude obligations related to operations of the Armed 
Forces. 
‘‘§ 90906. Primacy of Armed Forces in times of war 
‘‘The President may make temporary transfers to the 
Secretary of Defense pursuant to section 40107(b). 
‘‘§ 90907. Cooperation with Department of Defense 
and other Federal agencies after date of 
transfer 
‘‘At least 1 year prior to the date of transfer, the 
Corporation, the Department of Transportation, and each 
Federal department or agency supported by the FAA’s op-
eration of air traffic services, including the Armed Forces, 
shall enter into a tripartite agreement to— 
‘‘(1) ensure cooperation between the Corpora-
tion and the department or agency on the delivery 
of air traffic services; 
‘‘(2) facilitate the safe provision of air traffic 
services to the department or agency; and 
‘‘(3) address how the Corporation and the de-
partment or agency will coordinate and communicate 
on the day-to-day operations of the national airspace 
system. 
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120 
‘‘CHAPTER 911—EMPLOYEE MANAGEMENT 
‘‘Sec. 
‘‘91101. Definitions. 
‘‘91102. Employee management and benefits election. 
‘‘91103. Labor and employment policy. 
‘‘91104. Bargaining units. 
‘‘91105. Recognition of labor organizations. 
‘‘91106. Collective-bargaining agreements. 
‘‘91107. Collective-bargaining dispute resolution. 
‘‘91108. Potential and pending grievances, arbitrations, and settlements. 
‘‘91109. Prohibition on striking and other activities. 
‘‘91110. Legal action. 
‘‘§ 91101. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) AGENCY.—The term ‘Agency’ means, as 
the context requires, the Department of Transpor-
tation or the FAA. 
‘‘(2) AIR TRAFFIC CONTROLLER.— 
‘‘(A) IN GENERAL.—The term ‘air traffic 
controller’ means an employee of the Corpora-
tion who, in an air traffic control facility or 
flight service station facility— 
‘‘(i) is actively engaged— 
‘‘(I) in the separation and control 
of air traffic; or 
‘‘(II) 
in 
providing 
preflight, 
inflight, or airport advisory service to 
aircraft operators; or 
‘‘(ii) is the immediate supervisor of 
any employee described in clause (i). 
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121 
‘‘(B) LIMITATION.—Notwithstanding sub-
paragraph (A), the definition of ‘air traffic con-
troller’ for purposes of section 8336(e) of chap-
ter 83 of title 5 and section 8412(e) of chapter 
84 of such title shall mean only employees ac-
tively engaged in the separation of air traffic 
and the immediate supervisors of such employ-
ees, as set forth in section 8331(30) of such 
title, and section 8401(35) of such title. 
‘‘(3) AUTHORITY.—The term ‘Authority’ means 
the Federal Labor Relations Authority, as described 
in section 7104(a) of title 5. 
‘‘(4) SERVICE.—The term ‘Service’ means the 
Federal Mediation and Conciliation Service estab-
lished by section 202 of the Labor Management Re-
lations Act, 1947 (29 U.S.C. 172). 
‘‘§ 91102. Employee management and benefits elec-
tion 
‘‘(a) AUTHORITY OF CEO.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by law, the CEO shall classify and fix the com-
pensation and benefits of employees in the Corpora-
tion. 
‘‘(2) NEGOTIATIONS.—In developing, making 
changes to, and implementing wages, hours, and 
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122 
other terms and conditions of employment, including 
when establishing the compensation and benefits 
program under section 90316(c), the Corporation 
shall negotiate with exclusive representatives recog-
nized under section 91105. 
‘‘(3) BEFORE DATE OF TRANSFER.—For pur-
poses of paragraph (2), before the date of transfer, 
the term ‘exclusive representatives recognized under 
section 91105’ shall refer to labor organizations rec-
ognized under section 7111 of title 5 as exclusive 
representatives of FAA employees. 
‘‘(b) FORMER FEDERAL EMPLOYEES.— 
‘‘(1) FEDERAL RETIREMENT BENEFITS.— 
‘‘(A) ELECTION
OF
RETIREMENT
BENE-
FITS.—At least 90 days before the date of 
transfer, an employee transferring to the Cor-
poration who will be subject to either the Civil 
Service Retirement System under chapter 83 of 
title 5 (in this section referred to as ‘CSRS’) or 
the Federal Employees Retirement System 
under chapter 84 of title 5 (in this section re-
ferred to as ‘FERS’) on the day immediately 
preceding the date of transfer shall elect either 
to— 
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123 
‘‘(i) retain the employee’s coverage 
under either CSRS or FERS, as applica-
ble, in lieu of coverage by the Corpora-
tion’s employee benefits system established 
under section 90316(c); or 
‘‘(ii) receive a deferred annuity, lump- 
sum benefit, or any other benefit available 
to the employee under CSRS or FERS, in 
the same manner that would have been 
available to the employee if the employee 
had voluntarily separated from Federal 
employment on the day before the date of 
transfer. 
‘‘(B) THRIFT SAVINGS PLAN ACCOUNTS.— 
An employee who makes the election under sub-
paragraph (A)(ii) shall have the option to trans-
fer the balance in the employee’s Thrift Savings 
Plan account to the plan under the Corpora-
tion’s retirement system, consistent with appli-
cable law and the terms of the Corporation’s 
plan. 
‘‘(C) PERIODIC ELECTION.—The Corpora-
tion shall provide for periodic election seasons 
during which an employee who transferred to 
the Corporation on the date of transfer may be-
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124 
come eligible for retirement benefits under the 
Corporation’s employee benefits system estab-
lished under section 90316(c) by making an 
election under subparagraph (A)(ii). 
‘‘(D) CONTINUITY OF ANNUITANT BENE-
FITS.—Notwithstanding any other provision of 
law, any individual who is receiving an annuity 
under chapter 83 or chapter 84 of title 5 may 
continue to receive such annuity while employed 
by the Corporation. 
‘‘(E) HIGH-3 DETERMINATION.—With re-
spect to any employee who retains CSRS or 
FERS coverage pursuant to subparagraph (A), 
such employee’s basic pay while with the Cor-
poration shall be included in any determination 
of such employee’s average pay under section 
8331(4) or 8401(3), as the case may be, of title 
5 when calculating the annuity (if any) of such 
employee. For purposes of this section, an em-
ployee’s basic pay shall be defined as such em-
ployee’s total annual salary or wages from the 
Corporation, including any location-based ad-
justment. 
‘‘(2) PAYMENTS
TO
CIVIL
SERVICE
RETIRE-
MENT AND DISABILITY FUND.—For employees of the 
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125 
Corporation who elect to retain their coverage under 
either CSRS or FERS pursuant to paragraph (1), 
the Corporation shall only be required to pay to the 
Civil Service Retirement and Disability Fund— 
‘‘(A) such employee deductions and agency 
contributions as are required by sections 8334, 
8422, and 8423 of title 5; and 
‘‘(B) such additional amounts, not to ex-
ceed 2 percent of the amounts under subpara-
graph (A), as are determined necessary by the 
Office of Personnel Management to pay the cost 
of administering retirement benefits for employ-
ees who retire from the Corporation after the 
date of transfer under either CSRS or FERS, 
for their survivors, and for survivors of employ-
ees of the Corporation who die after the date of 
transfer (which amounts shall be available to 
the Office of Personnel Management as pro-
vided in section 8348(a)(1)(B) of title 5). 
‘‘(3) THRIFT SAVINGS FUND.—The Corporation 
shall pay to the Thrift Savings Fund such employee 
and agency contributions as are required by section 
8432 of title 5 for employees who elect to retain 
their coverage under FERS pursuant to paragraph 
(1). 
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126 
‘‘(4) HEALTH BENEFITS PLAN ELECTION.—Any 
employee of the Corporation who was subject to the 
Federal Employees Health Benefits Program under 
chapter 89 of title 5 (in this section referred to as 
‘FEHBP’) on the day immediately preceding the 
date of transfer shall have the option to receive 
health benefits from a health benefit plan estab-
lished by the Corporation under section 90316(c) or 
to continue coverage under FEHBP without inter-
ruption. 
‘‘(5) PAYMENTS TO EMPLOYEES HEALTH BENE-
FITS FUND.—For employees of the Corporation who 
elect to retain their coverage under FEHBP pursu-
ant to paragraph (4), the Corporation shall pay to 
the Employees Health Benefits Fund— 
‘‘(A) such employee deductions and agency 
contributions as are required by subsections (a) 
through (f) of section 8906 of title 5; and 
‘‘(B) such amounts as are determined nec-
essary by the Office of Personnel Management 
under paragraph (6) to reimburse the Office of 
Personnel Management for contributions under 
section 8906(g)(1) of title 5. 
‘‘(6) 
REIMBURSEMENT
AMOUNTS.—The 
amounts required to be paid by the Corporation 
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127 
under paragraph (5)(B) shall be equal to the 
amount of Government contributions for retired em-
ployees who retire from the Corporation after the 
date of transfer under either CSRS or FERS, for 
survivors of such retired employees, and for sur-
vivors of employees of the Corporation who die after 
the date of transfer, with said amounts prorated to 
reflect only that portion of the total service of such 
employees and retired persons that was performed 
for the Corporation after the date of transfer. 
‘‘(7) ADDITIONAL
BENEFITS.—Subject to the 
provisions of this chapter, any employee of the Cor-
poration who was subject to the provisions of sub-
chapter I of chapter 85 (concerning unemployment 
compensation) and chapters 87 (concerning life in-
surance), 89A (concerning enhanced dental bene-
fits), and 89B (concerning enhanced vision benefits) 
of title 5 shall have the option to continue coverage 
under such provisions without interruption in lieu of 
applicable coverage by the Corporation’s employee 
benefits system established under section 90316(c). 
The Corporation shall withhold from pay, and shall 
make contributions, under the provisions of title 5 
referred to in this subsection at the same rates ap-
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128 
plicable to agencies of the Federal Government for 
such employees. 
‘‘(8) WORKERS COMPENSATION.—Officers and 
employees of the Corporation shall be covered by, 
and shall be considered employees for purposes of, 
subchapter I of chapter 81 of title 5 (concerning 
compensation for work injuries). The Corporation 
shall make contributions to the Employees’ Com-
pensation Fund under the provisions of section 8147 
of title 5 at the same rates applicable to agencies of 
the Federal Government. 
‘‘(9) NON-FOREIGN AREA.—To the extent con-
sistent with law, the Non-Foreign Area Retirement 
Equity Assurance Act of 2009 shall apply to officers 
and employees of the Corporation transferred under 
section 90316. 
‘‘(10) TRANSFER OF LEAVE.—Sick and annual 
leave, credit hours, and compensatory time of offi-
cers and employees of the Corporation, whether ac-
crued before or after the date of transfer, shall be 
obligations of the Corporation under the provisions 
of this chapter. 
‘‘(11) WHISTLEBLOWER PROTECTION.—Neither 
the Corporation, nor any officer or employee of the 
Corporation, may take any action described in sub-
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129 
section (b)(8), (b)(9), or (b)(13), or the final para-
graph of subsection (b), of section 2302 of title 5 
(relating to whistleblower protection). 
‘‘§ 91103. Labor and employment policy 
‘‘(a) APPLICATION OF CHAPTER 71 OF TITLE 5.— 
To the extent not inconsistent with this chapter, labor- 
management relations shall be subject to the provisions 
of chapter 71 of title 5, provided that the obligation of 
the Corporation and an exclusive bargaining representa-
tive recognized under section 91105 to bargain collectively 
in good faith over conditions of employment shall mean 
to bargain over the same wages, hours, and other terms 
and conditions of employment as are negotiable under sec-
tion 8(d) of the Act of July 5, 1935, as amended (29 
U.S.C. 158(d)), and without application of section 
7103(a)(14) of title 5 and section 7117 of title 5, which 
shall not apply. 
‘‘(b) APPLICABILITY.—To the limited extent nec-
essary for the implementation of this chapter, the Cor-
poration shall have the rights and obligations of an agency 
under chapter 71 of title 5. 
‘‘(c) APPLICATION
OF FAIR LABOR STANDARDS 
ACT.—The provisions of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.) shall apply to the Cor-
poration and to its officers and employees. 
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‘‘(d) REPORTING AND DISCLOSURE.—The provisions 
of the Labor-Management Reporting and Disclosure Act 
of 1959 (29 U.S.C. 401 et seq.) shall be applicable to labor 
organizations that have or are seeking to attain recogni-
tion under section 91105, and to such organizations’ offi-
cers, agents, shop stewards, other representatives, and 
members. 
‘‘(e) RIGHT TO COLLECTIVELY BARGAIN.—Each em-
ployee of the Corporation shall have the right, freely and 
without fear of penalty or reprisal, to form, join, and assist 
a labor organization or to refrain from any such activity, 
and each employee shall be protected in the exercise of 
this right. Such right shall include the right to engage in 
collective bargaining with respect to the same wages, 
hours, and other terms and conditions of employment as 
are negotiable under section 8(d) of the Act of July 5, 
1935, as amended (29 U.S.C. 158(d)). 
‘‘§ 91104. Bargaining units 
‘‘(a) IN GENERAL.—Pursuant to section 7112 of title 
5 and subject to the requirements of this chapter, the Au-
thority shall decide in each case the unit appropriate for 
collective bargaining with the Corporation. 
‘‘(b) PREVIOUSLY
CERTIFIED
UNITS.—Notwith-
standing subsection (a), the Authority may not adopt, cer-
tify, or decide upon bargaining units that include employ-
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131 
ees in bargaining units previously certified by the Author-
ity that are smaller in geographic scope than such pre-
viously certified bargaining units, unless the Authority 
finds by compelling evidence that such previously certified 
units would not, absent modification, remain units appro-
priate for collective bargaining with the Corporation. 
‘‘(c) OTHER UNITS.— 
‘‘(1) 
PREVIOUS
CERTIFICATIONS.—Notwith-
standing subsection (a) or (b), the Authority shall 
not recognize or certify any bargaining unit different 
than the bargaining units previously certified by the 
Authority prior to the date described in section 
91105(g). 
‘‘(2) SUPERVISORS
AND
MANAGEMENT
OFFI-
CIALS.—Notwithstanding section 7135(a)(2) of title 
5, a bargaining unit may not include, or be modified 
to include, any supervisor or management official, as 
those terms are defined in section 7103(a) of title 5. 
‘‘§ 91105. Recognition of labor organizations 
‘‘(a) APPLICATION OF CHAPTER 71 OF TITLE 5.— 
To the extent not inconsistent with this chapter, section 
7111 of title 5 shall apply to the recognition and certifi-
cation of labor organizations for the employees of the Cor-
poration and the Corporation shall accord exclusive rec-
ognition to and bargain collectively with a labor organiza-
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tion when the organization has been selected by a majority 
of the employees in an appropriate unit as their represent-
ative. 
‘‘(b) RECOGNITION
OF EXCLUSIVE REPRESENTA-
TIVE.—Notwithstanding subsection (a), each labor organi-
zation that, immediately before the date of transfer, was 
recognized as the exclusive representative for a bargaining 
unit of employees of the Agency shall be deemed to be 
recognized on the date of transfer or thereafter as the ex-
clusive representative for those employees of the Corpora-
tion in the same or similar bargaining unit unless another 
representative for a bargaining unit of employees is cer-
tified pursuant to section 7111 of title 5 and this section. 
‘‘(c) EXPIRATION OF TERM.—Every collective-bar-
gaining agreement or arbitration award that applies to an 
employee of the Agency and that is in force immediately 
before the date of transfer continues in force until its term 
expires. To the extent that the Corporation assumes the 
functions and responsibilities that, prior to the date of 
transfer, were conducted by the Agency, agreements and 
supplements (including any arbitration award, as applica-
ble) covering employees of the Agency that are in effect 
on the date of transfer shall continue to be recognized by 
and binding on the Corporation, the bargaining represent-
ative, and all covered employees until altered or amended 
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pursuant to law. Any agreement, supplement, or arbitra-
tion award continued by this section is deemed to be an 
agreement, supplement, or arbitration award binding on 
the Corporation, the bargaining representative, and all 
covered employees for purposes of this chapter and title 
5. 
‘‘(d) 
LIMITATION
ON
APPLICATION.—Notwith-
standing section 91103, sections 7106 and 7113 of title 
5 shall not apply to this chapter. 
‘‘(e) CONTINUATION OF BARGAINING.—If an exclu-
sive representative and the Agency are engaged in bar-
gaining (whether concerning a collective-bargaining agree-
ment, issues related to the transfer of functions and re-
sponsibilities from the Agency to the Corporation, or oth-
erwise) prior to the date of transfer, such bargaining shall 
continue between the exclusive representative and the Cor-
poration, and the Corporation shall be bound by any com-
mitments made during bargaining by the Agency. 
‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this 
section may be construed to prohibit the waiving of hear-
ings by stipulation for the purpose of a consent election 
in conformity with regulations and rules of decision of the 
Authority. 
‘‘(g) LIMITATION.—Notwithstanding any other provi-
sion of this chapter or any provision of title 5, no bar-
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134 
gaining unit or part of a bargaining unit consisting of em-
ployees of the Corporation represented by a labor organi-
zation pursuant to subsection (b) may be reviewed, re-
scinded, amended, altered, or varied, other than— 
‘‘(1) to include in the unit any employees who 
are not represented by a labor organization, or 
‘‘(2) to merge bargaining units that are rep-
resented by the same labor organization, 
before the first day of the last 3 months of the first collec-
tive agreement entered into after the date of transfer that 
applies to those employees and that has resulted from col-
lective bargaining between such labor organization and the 
Corporation. 
‘‘(h) DEDUCTION.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
91103, section 7115 of title 5 shall not apply to this 
chapter. 
‘‘(2) DUES.—When a labor organization holds 
exclusive recognition, the Corporation shall deduct 
the regular and periodic dues, initiation fees, and as-
sessments (not including fines and penalties) of the 
organization from the pay of all members of the or-
ganization in the unit of recognition if the Corpora-
tion (or, before the date of transfer, the Agency) has 
received from each employee, on whose account such 
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135 
deductions are made, a written assignment which 
shall be irrevocable for a period of not more than 1 
year. 
‘‘(3) 
CONTINUATION.—Any 
agreement 
de-
scribed in subsection (c) that provides for deduction 
by the Agency of the regular and periodic dues, initi-
ation fees, and assessments (not including fines and 
penalties) of the labor organization from the pay of 
its members shall continue in full force and effect 
and the obligation for such deductions shall be as-
sumed by the Corporation. No such deduction may 
be made from the pay of any employee except on the 
employee’s written assignment, which shall be irrev-
ocable for a period of not more than 1 year. 
‘‘§ 91106. Collective-bargaining agreements 
‘‘(a) IN GENERAL.—Except as provided under section 
91105(c), collective-bargaining agreements between the 
Corporation and bargaining representatives shall be effec-
tive for not less than 2 years. 
‘‘(b) 
PROCEDURES.—Collective-bargaining 
agree-
ments between the Corporation and bargaining represent-
atives recognized under section 91105 may include proce-
dures for resolution by the parties of grievances and ad-
verse actions arising under the agreement, including pro-
cedures culminating in binding third-party arbitration, or 
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136 
the parties may adopt such procedures by mutual agree-
ment in the event of a dispute. Such procedures shall be 
applicable to disputes arising under section 91109. 
‘‘(c) 
LIMITATION
ON
APPLICATION.—Notwith-
standing section 91103, section 7121(c) of title 5 shall not 
apply to this chapter. 
‘‘(d) DISPUTE
RESOLUTION
PROCEDURES.—The 
Corporation and bargaining representatives recognized 
under section 91105 may by mutual agreement adopt pro-
cedures for the resolution of disputes or impasses arising 
in the negotiation of a collective-bargaining agreement. 
‘‘§ 91107. Collective-bargaining dispute resolution 
‘‘(a) RESOLUTION OF DISPUTES.— 
‘‘(1) IN GENERAL.—If, prior to 90 days after 
the expiration of the term collective-bargaining 
agreement or 90 days after the parties begin mid- 
term negotiations, the Corporation and the exclusive 
bargaining representative of the employees of the 
Corporation (in this section referred to collectively 
as the ‘parties’) do not reach an agreement under 
sections 7114(a)(1), 7114(a)(4), and 7114(b) of title 
5 (as such sections apply to the Corporation under 
this chapter), or section 91106(d) of this chapter, 
the Corporation and the bargaining representative 
shall use the mediation services of the Service to at-
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137 
tempt to reach such agreement in accordance with 
part 1425 of title 29, Code of Federal Regulations 
(as in effect on the date of enactment of this sub-
title). 
‘‘(2) MEDIATION PERIOD.—The mediation pe-
riod under paragraph (1) may not exceed 60 days 
unless extended by written agreement of the parties. 
‘‘(b) BINDING
ARBITRATION
FOR
TERM
BAR-
GAINING.— 
‘‘(1) THREE
MEMBER
PRIVATE
ARBITRATION 
BOARD.—If the mediation services of the Service 
under subsection (a)(1) do not lead to the resolution 
of issues in controversy arising from the negotiation 
of a term collective-bargaining agreement, the par-
ties shall submit their issues in controversy to a pri-
vate arbitration board consisting of 3 members. 
‘‘(2) APPOINTMENT OF ARBITRATION BOARD.— 
‘‘(A) PREPARATION OF LIST OF ARBITRA-
TORS.—The Director of the Service shall pro-
vide for the appointment of the 3 members of 
an arbitration board by— 
‘‘(i) preparing a list of not fewer than 
15 names of arbitrators of nationwide rep-
utation and professional stature with at 
least 20 years of experience in labor-man-
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138 
agement arbitration and considerable expe-
rience in interest arbitration in major in-
dustries; and 
‘‘(ii) providing the list to the parties. 
‘‘(B) SELECTION
OF
ARBITRATORS
BY 
PARTIES.—Not later than 10 days after receiv-
ing a list of names under subparagraph (A), the 
parties shall each select one arbitrator. The ar-
bitrators selected by the parties do not need to 
be arbitrators whose names appear on the list. 
‘‘(C) 
SELECTION
OF
THIRD
ARBI-
TRATOR.—Not later than 7 days after the date 
on which the 2 arbitrators are selected by the 
parties under subparagraph (B), the 2 arbitra-
tors, acting jointly, shall select a third person 
from the list prepared under subparagraph (A). 
‘‘(D) FAILURE TO ACT.—If either of the 
parties fails to select a person or if the 2 arbi-
trators are unable to agree on the third person 
in 7 days, the parties shall make the selection 
by alternately striking names on the list pre-
pared under subparagraph (A), beginning with 
the party chosen on a random basis, until one 
arbitrator remains. 
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139 
‘‘(3) FRAMING
ISSUES
IN
CONTROVERSY.—If 
the parties do not agree on the framing of the issues 
to be submitted for arbitration, the arbitration board 
shall frame the issues. 
‘‘(4) HEARINGS.—The arbitration board shall 
give the parties a full and fair hearing, including an 
opportunity to present evidence and witnesses in 
support of their claims and an opportunity to 
present their case in person, by counsel, or by other 
representative as they may elect. 
‘‘(5) DECISIONS.—The arbitration board shall 
render its written decision not later than 90 days 
after the date of its appointment. Decisions of the 
arbitration board shall be conclusive and binding 
upon the parties. 
‘‘(6) EVIDENCE.—The arbitration board shall 
consider and afford the proper weight to all of the 
evidence presented by the parties. 
‘‘(7) COSTS.—The parties shall share costs of 
the arbitration equally. 
‘‘(c) RATIFICATION OF AGREEMENTS.—Upon reach-
ing a voluntary agreement or at the conclusion of the bind-
ing arbitration under subsection (b), the final agreement, 
except for those matters decided by a private arbitration 
board, shall be— 
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‘‘(1) subject to ratification by the exclusive bar-
gaining representative of the employees, if so re-
quested by the bargaining representative; and 
‘‘(2) subject to approval by the head of the Cor-
poration in accordance with section 7114(c) of title 
5. 
‘‘(d) MID-TERM BARGAINING.— 
‘‘(1) PREPARATION
OF
LIST
OF
ARBITRA-
TORS.—If the mediation services of the Service 
under subsection (a) do not lead to the resolution of 
issues in controversy arising from the negotiation of 
a mid-term collective-bargaining agreement, the Di-
rector shall provide the parties a list of not fewer 
than 10 names of arbitrators of nationwide reputa-
tion and professional stature with at least 20 years 
of experience in labor-management arbitration and 
considerable experience in interest arbitration in 
major industries. 
‘‘(2) SELECTION OF ARBITRATOR.—The parties 
shall alternately strike names on the list, beginning 
with the party chosen on a random basis, until one 
arbitrator remains. 
‘‘(3) DECISION.—The arbitrator shall hold a 
hearing, and not later than 90 days after date of the 
appointment of the arbitrator, issue a written deci-
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141 
sion resolving the issues in controversy. The decision 
shall be conclusive and binding upon the parties. 
‘‘(e) ENFORCEMENT.—To enforce this section, either 
party may bring suit in the United States District Court 
for the District of Columbia, which shall hear and resolve 
the enforcement action on an expedited basis. 
‘‘(f) 
APPLICATION.—Notwithstanding 
section 
91103(a), section 7119 of title 5 shall not apply to this 
chapter. 
‘‘§ 91108. Potential and pending grievances, arbitra-
tions, and settlements 
‘‘(a) IN GENERAL.—The Corporation is deemed to be 
the employer referred to in any agreement or supplement 
referred to in section 91105(c) for the purpose of any arbi-
tration proceeding or arbitration award. Any agreement 
concerning any employee that resolves a potential or filed 
grievance that is binding on the Agency shall, to the extent 
that the employee becomes an employee of the Corpora-
tion, become binding on the Corporation. 
‘‘(b) EXISTING BINDING AGREEMENTS.—Any agree-
ment or supplement referred to in section 91105(c) is 
binding on— 
‘‘(1) the Corporation as if it were the employer 
referred to in such agreement or supplement; 
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142 
‘‘(2) the bargaining representative that is a 
party to the agreement or supplement; and 
‘‘(3) the employees of the Corporation in the 
bargaining unit with respect to whom that bar-
gaining representative has been certified. 
‘‘(c) JURISDICTION.—Subject to section 91103, the 
Authority shall retain jurisdiction over all matters arising 
before the date of transfer in relation to the interpretation 
and application of any agreement or supplement referred 
to in section 91105(c), whether or not such agreement or 
supplement has expired. 
‘‘(d) EXISTING GRIEVANCES OR ARBITRATIONS.— 
Grievances or arbitrations that were filed or commenced 
before the date of transfer with respect to any agreement 
or supplement referred to in section 91105(c) shall be con-
tinued as though the Corporation were the employer re-
ferred to in the agreement or supplement. 
‘‘(e) PROCEEDINGS AFTER DATE OF TRANSFER.— 
Where events giving rise to a grievance under any agree-
ment or supplement referred to in section 91105(c) oc-
curred before the date of transfer but the proceedings had 
not commenced before that date, the proceedings may be 
commenced on or after the date of transfer in accordance 
with such agreement or supplement as though the Cor-
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143 
poration were the employer referred to in such agreement 
or supplement. 
‘‘(f) ACTIONS DEEMED TO BE BY CORPORATION.— 
For the purposes of subsections (c), (d), and (e), anything 
done, or not done, by the Agency is deemed to have been 
done, or to have not been done, as the case may be, by 
the Corporation. 
‘‘(g) EXCEPTIONS TO ARBITRAL AWARDS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
91103, section 7122 of title 5 shall not apply to this 
chapter. 
‘‘(2) ACTIONS
TO
VACATE.—Either party to 
grievance arbitration under this chapter may file an 
action pursuant to section 91110(a) to enforce the 
arbitration process or to vacate or enforce an arbi-
tration award. An arbitration award may only be va-
cated on the grounds, and pursuant to the stand-
ards, that would be applicable to an action to vacate 
an arbitration award brought in the Federal courts 
under section 301 of the Labor Management Rela-
tions Act, 1947 (29 U.S.C. 185). 
‘‘§ 91109. Prohibition on striking and other activities 
‘‘(a) IN GENERAL.—Employees of the Corporation 
are prohibited from— 
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144 
‘‘(1) participating in a strike, work stoppage, or 
slowdown against the Corporation; or 
‘‘(2) picketing the Corporation in a labor-man-
agement dispute if such picketing interferes with the 
Corporation’s operations. 
‘‘(b) TERMINATION.—An employee who participates 
in an activity described in subsection (a) shall be termi-
nated from employment with the Corporation. 
‘‘§ 91110. Legal action 
‘‘(a) IN GENERAL.—Consistent with the require-
ments of section 90315, actions to enforce the arbitration 
process or vacate or enforce an arbitral award under sec-
tion 91108(g)(2) between the Corporation and a labor or-
ganization representing Corporation employees, or be-
tween any such labor organizations, may be brought in 
any district court of the United States having jurisdiction 
of the parties, without respect to the amount in con-
troversy. 
‘‘(b) AUTHORIZED ACTS.—A labor organization rec-
ognized under section 91105 and the Corporation shall be 
bound by the authorized acts of their agents. Any labor 
organization may sue or be sued as an entity and on behalf 
of the employees whom it represents in the courts of the 
United States. Any money judgment against a labor orga-
nization in a district court of the United States shall be 
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145 
enforceable only against the organization as an entity and 
against its assets, and shall not be enforceable against any 
individual member or his assets. 
‘‘(c) JURISDICTION.—Under this subtitle, for the 
purposes of actions and proceedings by or against labor 
organizations in the district courts of the United States, 
district courts shall be deemed to have jurisdiction of a 
labor organization— 
‘‘(1) in the district in which such organization 
maintains its principal offices; or 
‘‘(2) in any district in which its duly authorized 
officers or agents are engaged in representing or 
acting for employee members. 
‘‘(d) SUMMONS OR SUBPOENA.—The service of sum-
mons, subpoena, or other legal process of any court of the 
United States upon an officer or agent of a labor organiza-
tion, in his capacity as such, shall constitute service upon 
the labor organization. 
‘‘CHAPTER 913—OTHER MATTERS 
‘‘Sec. 
‘‘91301. Termination of Government functions. 
‘‘91302. Savings provisions. 
‘‘§ 91301. Termination of Government functions 
‘‘Except as otherwise provided in this subtitle, when-
ever any function vested by law in the Secretary, Adminis-
trator, Department of Transportation, or FAA has been 
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146 
transferred to the Corporation pursuant to this subtitle, 
it shall no longer be a function of the Government. 
‘‘§ 91302. Savings provisions 
‘‘(a) COMPLETED ADMINISTRATIVE ACTIONS.— 
‘‘(1) IN
GENERAL.—Completed administrative 
actions of the Department of Transportation or the 
FAA shall not be affected by the enactment of this 
subtitle, but shall continue in effect according to 
their terms until amended, modified, superseded, 
terminated, set aside, or revoked in accordance with 
law. 
‘‘(2) COMPLETED ADMINISTRATIVE ACTION DE-
FINED.—In paragraph (1), the term ‘completed ad-
ministrative action’ includes orders, determinations, 
rules, regulations, personnel actions, permits, agree-
ments, grants, contracts, certificates, licenses, reg-
istrations, and privileges. 
‘‘(b) CONTINUED EFFECTIVENESS OF PENDING AC-
TIONS.— 
‘‘(1) PENDING ACTIONS AND PROCEEDINGS.— 
The provisions of this subtitle shall not affect any 
proceedings of the Department of Transportation or 
the FAA pending on the date of transfer, includ-
ing— 
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147 
‘‘(A) notices of proposed rulemaking re-
lated to activities of the FAA, without regard to 
whether the activities are transferred to the 
Corporation; and 
‘‘(B) an application for a license, a permit, 
a certificate, or financial assistance pending on 
the date of transfer before the Department of 
Transportation or the FAA, or any officer 
thereof, with respect to activities of the Depart-
ment or the FAA, without regard to whether 
the activities are transferred to the Corpora-
tion. 
‘‘(2) EFFECT
OF
ORDERS.—Orders issued in 
any proceedings referred to in paragraph (1) shall 
continue in effect until modified, terminated, super-
seded, or revoked in accordance with law. Nothing in 
this subsection prohibits the discontinuance or modi-
fication of any such proceeding under the same 
terms and conditions and to the same extent that 
such proceeding could have been discontinued or 
modified if this subtitle had not been enacted. 
‘‘(c) CONTINUED EFFECTIVENESS OF ADMINISTRA-
TIVE AND JUDICIAL ACTIONS.—No causes of action or ac-
tions by or against the Department of Transportation or 
the FAA arising from acts or omissions occurring before 
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148 
the date of transfer shall abate by reason of the enactment 
of this subtitle. 
‘‘(d) SUBSTITUTION OR ADDITION OF PARTIES TO 
JUDICIAL ACTIONS.—Except as provided by subsection 
(e)(2), if, on the date of transfer, the Department of 
Transportation or the FAA, or any officer thereof in the 
officer’s capacity, is a party to an action and, under this 
subtitle, the performance of that activity of the Depart-
ment, FAA, or officer is transferred to the Corporation, 
such action shall be continued with the CEO substituted 
or added as a party. 
‘‘(e) AIR TRAFFIC SERVICES LIABILITIES AND OBLI-
GATIONS.— 
‘‘(1) ASSUMPTION OF OBLIGATIONS.—Except as 
provided in paragraph (2), the Corporation shall as-
sume— 
‘‘(A) all obligations (tangible and incorpo-
real, present, and executory) associated with the 
air traffic services transferred under this sub-
title on the date of transfer, including leases, 
permits, licenses, contracts, agreements, ac-
counts receivable, and accounts payable; and 
‘‘(B) all claims and liabilities associated 
with the air traffic services transferred under 
this subtitle pending on the date of transfer. 
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149 
‘‘(2) CLAIMS AND ACTIONS THAT REMAIN LI-
ABILITIES OF UNITED STATES.— 
‘‘(A) CLAIMS
AND
ACTIONS
ARISING
IN 
TORT.—All claims and actions arising in tort 
pending on the date of transfer and arising out 
of the alleged acts or omissions of employees of 
the FAA who transfer to the Corporation shall 
remain liabilities of the United States. 
‘‘(B) CONTINGENT LIABILITIES.—All con-
tingent liabilities existing on the date of trans-
fer shall remain with the United States, includ-
ing (without limitation) environmental and in-
tellectual property infringement claims. 
‘‘(C) OTHER CLAIMS AND LIABILITIES.— 
All other claims and liabilities arising out of the 
alleged acts or omissions of the United States 
before the date of transfer (including those aris-
ing under an agreement referred to in section 
91105(c)) whose remedy is financial or mone-
tary in nature shall remain liabilities of the 
United States. 
‘‘(D) ACCESS OF FEDERAL REPRESENTA-
TIVES
TO
EMPLOYEES
AND
RECORDS.—The 
Secretary shall ensure that, before the date of 
transfer, the Corporation has agreed to allow 
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150 
representatives of the Secretary and the Attor-
ney General such access as they may require to 
employees and records of the Corporation for 
all purposes relating to the handling of such 
claims under this paragraph. 
‘‘CHAPTER 915—CONGRESSIONAL OVER-
SIGHT OF AIR TRAFFIC SERVICES 
PROVIDER 
‘‘Sec. 
‘‘91501. Inspector General reports to Congress on transition. 
‘‘91502. State of air traffic services. 
‘‘91503. Submission of annual financial report. 
‘‘91504. Submission of strategic plan. 
‘‘§ 91501. Inspector General reports to Congress on 
transition 
‘‘(a) IN GENERAL.—Before the date of transfer, the 
Inspector General of the Department of Transportation 
shall submit regular reports to Congress on the progress 
of the preparation of the Department of Transportation 
and of the Corporation for the transfer of operational con-
trol of air traffic services under this subtitle. 
‘‘(b) TIMING.—The reports described in subsection 
(a) shall be submitted, at a minimum, on a quarterly basis 
until the date of transfer. 
‘‘(c) SUNSET.—This section shall expire on the date 
of transfer. 
‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this 
section may be construed to limit the authority of the In-
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spector General of the Department of Transportation to 
conduct oversight of the Department of Transportation’s 
interactions with the Corporation after the date of trans-
fer. 
‘‘§ 91502. State of air traffic services 
‘‘(a) REPORT.—Not later than 2 years after the date 
of transfer, and every 2 years thereafter— 
‘‘(1) the Corporation shall submit to the Sec-
retary a report on the state of air traffic services; 
and 
‘‘(2) the Secretary shall submit the report to 
Congress. 
‘‘(b) CONTENTS.—The report shall include, as appro-
priate, information on— 
‘‘(1) access to airports and services for all 
users, including access with respect to rural areas; 
‘‘(2) charges and fees, safety, and areas in 
which the Corporation has identified efficiencies in 
the system, including staffing and facilities realign-
ment or consolidation; 
‘‘(3) the safe, fair, and timely provision of air 
traffic services by the Corporation; 
‘‘(4) the sound operation of the Corporation 
and the impact of any activities of the Corporation 
on United States airspace; 
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‘‘(5) the cooperation and interaction of the Cor-
poration with the Department of Defense, the De-
partment of Transportation, the FAA, and other 
Federal departments and agencies, including any 
agreements between the Corporation and those de-
partments and agencies; 
‘‘(6) compliance of the Corporation with United 
States obligations under international treaties and 
agreements; 
‘‘(7) compliance of the Corporation with Fed-
eral safety, environmental, corporate, and tax laws 
and regulations; 
‘‘(8) compliance of the Corporation with Fed-
eral laws related to employees of the Corporation; 
‘‘(9) follow-up on Inspector General and Gov-
ernment Accountability Office audits, investigations, 
and reports involving the Corporation, including any 
recommendations included in such reports; 
‘‘(10) compliance of the Corporation with other 
Federal requirements, including requirements relat-
ing to public disclosure, publication of fees, annual 
reporting, and establishment of the Advisory Board 
and other committees; 
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‘‘(11) actions and activities of the CEO and 
Board and their adherence to their duties and re-
sponsibilities; 
‘‘(12) compliance of the Corporation with re-
quirements related to rural, remote, and small com-
munity air traffic services; 
‘‘(13) compliance of the Corporation with re-
quirements related to claims of incorrect fees and 
resolution of fee disputes; 
‘‘(14) compliance of the Corporation with re-
quirements to report safety violations to the FAA, 
cooperate with FAA investigations, and assist in 
FAA enforcement actions; 
‘‘(15) actions in times of emergencies and times 
of war; and 
‘‘(16) such other matters as the Secretary, in 
consultation with the Administrator, determines ap-
propriate. 
‘‘§ 91503. Submission of annual financial report 
‘‘(a) ANNUAL FINANCIAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of transfer, and annually thereafter, the 
Corporation shall publish a report on the activities 
of the Corporation during the prior year. 
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‘‘(2) CONTENTS; AVAILABILITY.—The annual 
report shall contain financial and operational per-
formance information regarding the Corporation, as 
well as information on the compensation (including 
bonuses and other financial incentives) of each Di-
rector, the CEO, and officers of the Corporation, 
and shall be made publicly available. 
‘‘(3) PROPRIETY INFORMATION.—The Corpora-
tion shall ensure that any propriety information that 
may be contained in the annual report is not made 
public. 
‘‘(b) SUBMISSION.—Each year, on the date the an-
nual report required pursuant to subsection (a) is pub-
lished— 
‘‘(1) the Corporation shall submit the report to 
the Secretary; and 
‘‘(2) the Secretary shall submit the report to 
Congress. 
‘‘§ 91504. Submission of strategic plan 
‘‘(a) SUBMISSION OF STRATEGIC PLAN.—Not later 
than 15 days after the initial strategic plan is approved 
by the Board pursuant to section 90308(c)— 
‘‘(1) the Corporation shall submit the strategic 
plan to the Secretary; and 
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‘‘(2) the Secretary shall submit the strategic 
plan to Congress. 
‘‘(b) UPDATES TO STRATEGIC PLAN.—Not later than 
15 days after an update to the strategic plan is approved 
by the Board pursuant to section 90308(c)— 
‘‘(1) the Corporation shall submit the updated 
strategic plan to the Secretary; and 
‘‘(2) the Secretary shall submit the updated 
strategic plan to Congress.’’. 
(b) ANALYSIS FOR TITLE 49.—The analysis for title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘XI. American Air Navigation Services Corporation ..........90101’’. 
Subtitle B—Amendments to 
Federal Aviation Laws 
SEC. 221. DEFINITIONS. 
Section 40102(a) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(48) ‘American Air Navigation Services Cor-
poration’ means the American Air Navigation Serv-
ices Corporation established by subtitle XI.’’. 
SEC. 222. SUNSET OF FAA AIR TRAFFIC ENTITIES AND OFFI-
CERS. 
(a) AIR TRAFFIC SERVICES COMMITTEE.—Section 
106(p) of title 49, United States Code, is amended— 
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(1) in paragraph (7) by adding at the end the 
following: 
‘‘(I) SUNSET.—The Committee shall termi-
nate and this paragraph shall cease to be effec-
tive beginning on the date of transfer (as de-
fined in section 90101(a)).’’; and 
(2) by adding at the end the following: 
‘‘(9) SUNSET
OF
AIR
TRAFFIC
ADVISORY 
ROLE.—Beginning on the date of transfer (as de-
fined in section 90101(a)), the Council shall not de-
velop or submit comments, recommended modifica-
tions, or dissenting views directly regarding the 
American Air Navigation Services Corporation or air 
traffic services.’’. 
(b) CHIEF OPERATING OFFICER.—Section 106(r) of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘(6) SUNSET.—The position of Chief Operating 
Officer shall terminate and this subsection shall 
cease to be effective beginning on the date of trans-
fer (as defined in section 90101(a)).’’. 
(c) CHIEF NEXTGEN OFFICER.—Section 106(s) of 
title 49, United States Code, is amended by adding at the 
end the following: 
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‘‘(8) SUNSET.—The position of Chief NextGen 
Officer shall terminate and this subsection shall 
cease to be effective beginning on the date of trans-
fer (as defined in section 90101(a)).’’. 
SEC. 223. ROLE OF ADMINISTRATOR. 
Section 40103(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘The Adminis-
trator’’ each place it appears and inserting ‘‘Before 
the date of transfer (as defined in section 90101(a)), 
the Administrator’’; 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) The Administrator shall— 
‘‘(A) before the date of transfer (as defined in 
section 90101(a)), prescribe air traffic regulations 
on the flight of aircraft (including regulations on 
safe altitudes) for— 
‘‘(i) navigating, protecting, and identifying 
aircraft; 
‘‘(ii) protecting individuals and property on 
the ground; 
‘‘(iii) using the navigable airspace effi-
ciently; and 
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‘‘(iv) preventing collisions between aircraft, 
between aircraft and land or water vehicles, and 
between aircraft and airborne objects; and 
‘‘(B) on and after the date of transfer (as de-
fined in section 90101(a)), prescribe safety regula-
tions on the flight of aircraft (including regulations 
on safe altitudes) for— 
‘‘(i) navigating, protecting, and identifying 
aircraft; 
‘‘(ii) protecting individuals and property on 
the ground; 
‘‘(iii) ensuring equitable access to and use 
of airspace; and 
‘‘(iv) preventing collisions between aircraft, 
between aircraft and land or water vehicles, and 
between aircraft and airborne objects.’’; and 
(3) in paragraph (3) by striking ‘‘Adminis-
trator’’ each place it appears and inserting ‘‘Sec-
retary’’. 
SEC. 224. EMERGENCY POWERS. 
Section 40106(a) of title 49, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘air traffic’’; 
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(2) in paragraph (1) by inserting ‘‘and the 
American Air Navigation Services Corporation’’ 
after ‘‘Administration’’; and 
(3) in paragraph (2) by inserting ‘‘and the 
American Air Navigation Services Corporation’’ 
after ‘‘Administrator’’. 
SEC. 225. PRESIDENTIAL TRANSFERS IN TIME OF WAR. 
Section 40107(b) of title 49, United States Code, is 
amended to read as follows: 
‘‘(b) DURING WAR.—If war occurs, the President by 
Executive order may temporarily transfer to the Secretary 
of Defense a duty, power, activity, or facility of the Ad-
ministrator or the American Air Navigation Services Cor-
poration. In making the transfer, the President may tem-
porarily transfer records, property, officers, and employees 
of the Administration or the American Air Navigation 
Services Corporation to the Department of Defense.’’. 
SEC. 226. AIRWAY CAPITAL INVESTMENT PLAN BEFORE 
DATE OF TRANSFER. 
Section 44501(b) of title 49, United States Code, is 
amended— 
(1) in the first sentence by striking ‘‘The Ad-
ministrator’’ and inserting ‘‘Before the date of 
transfer (as defined in section 90101(a)), the Ad-
ministrator’’; 
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SEC. 229. CIVIL PENALTIES. 
Section 46301(a)(1)(A) of title 49, United States 
Code, is amended by striking ‘‘or section 47133’’ and in-
serting ‘‘section 47133, or section 90501(b)(3)’’. 
Subtitle C—Other Matters 
SEC. 241. USE OF FEDERAL TECHNICAL FACILITIES. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall make Administration tech-
nical facilities available to the American Air Navigation 
Services Corporation for air traffic control research and 
development projects. 
(b) COOPERATIVE AGREEMENT.— 
(1) IN GENERAL.—To ensure the safe transi-
tion of air traffic services, not later than 180 days 
prior to the date of transfer (as defined in section 
90101(a) of title 49, United States Code, as added 
by this Act), the Administrator shall enter into an 
agreement with the American Air Navigation Serv-
ices Corporation, for a period of not less than 5 
years, concerning services that could be provided at 
the Federal Aviation Administration technical cen-
ter, including the integrated air traffic control lab-
oratories. 
(2) SERVICES
DEFINED.—In this subsection, 
the term ‘‘services’’ includes— 
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(A) activities associated with the approval 
of a safety management system under chapter 
905 of title 49, United States Code, as added 
by this Act; and 
(B) any other activity the Secretary con-
siders necessary to promote safety in air traffic 
services, including verification of the safety 
functions of new air traffic control technologies. 
(c) STATUTORY CONSTRUCTION.—Nothing in this 
title, or the amendments made by this title, may be con-
strued to limit the safety regulatory authority of the De-
partment of Transportation, including the research and 
development functions of the Department. 
(d) SAFETY.—Before the date of transfer (as defined 
by section 90101(a) of title 49, United States Code, as 
added by this Act) all operational testing and integration 
of air traffic control systems conducted by the Administra-
tion shall continue. 
SEC. 242. ENSURING PROGRESS ON NEXTGEN PRIORITIES 
BEFORE DATE OF TRANSFER. 
(a) NEAR-TERM NEXTGEN PRIORITIES.—Prior to 
the date of transfer (as defined by section 90101(a) of 
title 49, United States Code, as added by this Act), the 
Administrator of the Federal Aviation Administration, in 
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165 
consultation with the NextGen Advisory Committee, shall 
prioritize the implementation of the following programs: 
(1) Multiple runway operations. 
(2) Performance-based navigation. 
(3) Surface operations and data sharing. 
(4) Data communications. 
(b) NEAR-TERM NEXTGEN PERFORMANCE GOALS.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the NextGen Advisory Committee, 
shall establish quantifiable near-term NextGen per-
formance goals for each of the programs prioritized 
under subsection (a). 
(2) TRACKING.—The Administrator shall track 
the performance goals in a publicly available and 
transparent manner. 
(3) MEASURING BENEFITS.—The Administrator 
shall establish the performance goals in a manner 
that allows Congress, stakeholders, and the public to 
clearly measure the delivery of NextGen benefits be-
tween 2018 and 2020, including with respect to— 
(A) increasing safety; 
(B) reducing aviation’s impact on the envi-
ronment; 
(C) enhancing controller productivity; and 
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(D) increasing predictability, airspace ca-
pacity, and efficiency. 
(c) NEXTGEN METRICS REPORT.—Section 106(s)(5) 
of title 49, United States Code, is amended by adding at 
the end the following: 
‘‘(I) Developing, as part of the annual re-
port required under paragraph (4), a descrip-
tion of the progress made in meeting the near- 
term NextGen performance goals required pur-
suant to section 242 of the 21st Century AIRR 
Act and delivering near-term NextGen bene-
fits.’’. 
(d) CHIEF NEXTGEN OFFICER RESPONSIBILITY FOR 
MEETING
NEAR-TERM
NEXTGEN
GOALS.—Section 
106(s)(3) of title 49, United States Code, is amended by 
adding at the end the following: ‘‘In evaluating the per-
formance of the Chief NextGen Officer, the Administrator 
shall consider the progress made in meeting the near-term 
NextGen performance goals required pursuant to section 
242 of the 21st Century AIRR Act and delivering near- 
term NextGen benefits.’’. 
SEC. 243. SEVERABILITY. 
If a provision of this title (including any amendment 
made by this title) or its application to any person or cir-
cumstance is held invalid, neither the remainder of this 
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title nor the application of the provision to other persons 
or circumstances shall be affected. 
TITLE III—FAA SAFETY 
CERTIFICATION REFORM 
Subtitle A—General Provisions 
SEC. 301. DEFINITIONS. 
In this title, the following definitions apply: 
(1) FAA.—The term ‘‘FAA’’ means the Fed-
eral Aviation Administration. 
(2) SAFETY
OVERSIGHT
AND
CERTIFICATION 
ADVISORY
COMMITTEE.—The term ‘‘Safety Over-
sight and Certification Advisory Committee’’ means 
the Safety Oversight and Certification Advisory 
Committee established under section 302. 
(3) SYSTEMS
SAFETY
APPROACH.—The term 
‘‘systems safety approach’’ means the application of 
specialized technical and managerial skills to the 
systematic, forward-looking identification and con-
trol of hazards throughout the lifecycle of a project, 
program, or activity. 
SEC. 302. SAFETY OVERSIGHT AND CERTIFICATION ADVI-
SORY COMMITTEE. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall establish a Safety Oversight and Certification 
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