IB 
Union Calendar No. 213 
115TH CONGRESS 
1ST SESSION H. R. 2997 
[Report No. 115–296] 
To transfer operation of air traffic services currently provided by the Federal 
Aviation Administration to a separate not-for-profit corporate entity, 
to reauthorize programs of the Federal Aviation Administration, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2017 
Mr. SHUSTER (for himself, Mr. LOBIONDO, Mr. GRAVES of Missouri, Mr. 
MITCHELL, Ms. HANABUSA, and Ms. SINEMA) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
SEPTEMBER 6, 2017 
Additional sponsors: Mr. SMUCKER, Mr. FARENTHOLD, Mr. WESTERMAN, Mr. 
FASO, Mr. LAMALFA, Mr. MAST, Mr. SANFORD, Mr. DENHAM, Mr. 
LEWIS of Minnesota, Mr. BIGGS, Mr. RODNEY DAVIS of Illinois, Mr. 
DUNCAN of Tennessee, Mr. CRAWFORD, Mr. WOODALL, Mr. MESSER, 
Mr. BACON, and Mr. GONZALEZ of Texas 
SEPTEMBER 6, 2017 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 22, 2017] 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘21st 
Century Aviation Innovation, Reform, and Reauthorization 
Act’’ or the ‘‘21st Century AIRR Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Effective date. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA Programs 
Sec. 101. Airport planning and development and noise compatibility planning 
and programs. 
Sec. 102. Facilities and equipment. 
Sec. 103. FAA operations. 
Sec. 104. Adjustment to AIP program funding. 
Sec. 105. Funding for aviation programs. 
Sec. 106. Applicability. 
Subtitle B—Passenger Facility Charges 
Sec. 111. Passenger facility charge modernization. 
Sec. 112. Pilot program for passenger facility charge authorizations. 
Subtitle C—Airport Improvement Program Modifications 
Sec. 121. Clarification of airport obligation to provide FAA airport space. 
Sec. 122. Mothers’ rooms at airports. 
Sec. 123. Extension of competitive access reports. 
Sec. 124. Grant assurances. 
Sec. 125. Government share of project costs. 
Sec. 126. Updated veterans’ preference. 
Sec. 127. Special rule. 
Sec. 128. Marshall Islands, Micronesia, and Palau. 
Sec. 129. Nondiscrimination. 
Sec. 130. State block grant program expansion. 
Sec. 131. Midway Island Airport. 
Sec. 132. Property conveyance releases. 
Sec. 133. Minority and disadvantaged business participation. 
Sec. 134. Contract tower program. 
Sec. 135. Airport access roads in remote locations. 
Sec. 136. Buy America requirements. 
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Subtitle D—Airport Noise and Environmental Streamlining 
Sec. 151. Recycling plans for airports. 
Sec. 152. Pilot program sunset. 
Sec. 153. Extension of grant authority for compatible land use planning and 
projects by State and local governments. 
Sec. 154. Updating airport noise exposure maps. 
Sec. 155. Stage 3 aircraft study. 
Sec. 156. Addressing community noise concerns. 
Sec. 157. Study on potential health impacts of overflight noise. 
Sec. 158. Environmental mitigation pilot program. 
Sec. 159. Aircraft noise exposure. 
Sec. 160. Community involvement in FAA NextGen projects located in 
metroplexes. 
Sec. 161. Critical habitat on or near airport property. 
Sec. 162. Clarification of reimbursable allowed costs of FAA memoranda of agree-
ment. 
TITLE II—AMERICAN AIR NAVIGATION SERVICES CORPORATION 
Sec. 201. Purposes. 
Subtitle A—Establishment of Air Traffic Services Provider 
Sec. 211. American Air Navigation Services Corporation. 
Subtitle B—Amendments to Federal Aviation Laws 
Sec. 221. Definitions. 
Sec. 222. Sunset of FAA air traffic entities and officers. 
Sec. 223. Role of Administrator. 
Sec. 224. Emergency powers. 
Sec. 225. Presidential transfers in time of war. 
Sec. 226. Airway capital investment plan before date of transfer. 
Sec. 227. Aviation facilities before date of transfer. 
Sec. 228. Judicial review. 
Sec. 229. Civil penalties. 
Subtitle C—Other Matters 
Sec. 241. Use of Federal technical facilities. 
Sec. 242. Ensuring progress on NextGen priorities before date of transfer. 
Sec. 243. Severability. 
Sec. 244. Prohibition on receipt of Federal funds. 
TITLE III—FAA SAFETY CERTIFICATION REFORM 
Subtitle A—General Provisions 
Sec. 301. Definitions. 
Sec. 302. Safety Oversight and Certification Advisory Committee. 
Subtitle B—Aircraft Certification Reform 
Sec. 311. Aircraft certification performance objectives and metrics. 
Sec. 312. Organization designation authorizations. 
Sec. 313. ODA review. 
Sec. 314. Type certification resolution process. 
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Sec. 315. Safety enhancing equipment and systems for small general aviation air-
planes. 
Sec. 316. Review of certification process for small general aviation airplanes. 
Subtitle C—Flight Standards Reform 
Sec. 331. Flight standards performance objectives and metrics. 
Sec. 332. FAA task force on flight standards reform. 
Sec. 333. Centralized safety guidance database. 
Sec. 334. Regulatory Consistency Communications Board. 
Subtitle D—Safety Workforce 
Sec. 341. Safety workforce training strategy. 
Sec. 342. Workforce review. 
Subtitle E—International Aviation 
Sec. 351. Promotion of United States aerospace standards, products, and services 
abroad. 
Sec. 352. Bilateral exchanges of safety oversight responsibilities. 
Sec. 353. FAA leadership abroad. 
Sec. 354. Registration, certification, and related fees. 
TITLE IV—SAFETY 
Subtitle A—General Provisions 
Sec. 401. FAA technical training. 
Sec. 402. Safety critical staffing. 
Sec. 403. International efforts regarding tracking of civil aircraft. 
Sec. 404. Aircraft data access and retrieval systems. 
Sec. 405. Advanced cockpit displays. 
Sec. 406. Marking of towers. 
Sec. 407. Cabin evacuation. 
Sec. 408. ODA staffing and oversight. 
Sec. 409. Funding for additional safety needs. 
Sec. 410. Funding for additional FAA licensing needs. 
Sec. 411. Emergency medical equipment on passenger aircraft. 
Sec. 412. HIMS program. 
Sec. 413. Acceptance of voluntarily provided safety information. 
Sec. 414. Flight attendant duty period limitations and rest requirements. 
Sec. 415. Secondary cockpit barriers. 
Sec. 416. Aviation maintenance industry technical workforce. 
Sec. 417. Critical airfield markings. 
Subtitle B—Unmanned Aircraft Systems 
Sec. 431. Definitions. 
Sec. 432. Codification of existing law; additional provisions. 
Sec. 433. Unmanned aircraft test ranges. 
Sec. 434. Sense of Congress regarding unmanned aircraft safety. 
Sec. 435. UAS privacy review. 
Sec. 436. Public UAS operations by Tribal governments. 
Sec. 437. Evaluation of aircraft registration for small unmanned aircraft. 
Sec. 438. Study on roles of governments relating to low-altitude operation of 
small unmanned aircraft. 
Sec. 439. Study on financing of unmanned aircraft services. 
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Sec. 440. Update of FAA comprehensive plan. 
Sec. 441. Cooperation related to certain counter-UAS technology. 
TITLE V—AIR SERVICE IMPROVEMENTS 
Subtitle A—Airline Customer Service Improvements 
Sec. 501. Reliable air service in American Samoa. 
Sec. 502. Cell phone voice communication ban. 
Sec. 503. Advisory committee for aviation consumer protection. 
Sec. 504. Improved notification of insecticide use. 
Sec. 505. Advertisements and disclosure of fees for passenger air transportation. 
Sec. 506. Involuntarily bumping passengers after aircraft boarded. 
Sec. 507. Availability of consumer rights information. 
Sec. 508. Consumer complaints hotline. 
Sec. 509. Widespread disruptions. 
Sec. 510. Involuntarily denied boarding compensation. 
Sec. 511. Consumer information on actual flight times. 
Sec. 512. Advisory committee for transparency in air ambulance industry. 
Sec. 513. Air ambulance complaints. 
Sec. 514. Passenger rights. 
Subtitle B—Aviation Consumers With Disabilities 
Sec. 541. Select subcommittee. 
Sec. 542. Aviation consumers with disabilities study. 
Sec. 543. Feasibility study on in-cabin wheelchair restraint systems. 
Sec. 544. Access advisory committee recommendations. 
Subtitle C—Small Community Air Service 
Sec. 551. Essential air service authorization. 
Sec. 552. Extension of final order establishing mileage adjustment eligibility. 
Sec. 553. Study on essential air service reform. 
Sec. 554. Small community air service. 
Sec. 555. Air transportation to noneligible places. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Review of FAA strategic cybersecurity plan. 
Sec. 602. Consolidation and realignment of FAA services and facilities. 
Sec. 603. FAA review and reform. 
Sec. 604. Aviation fuel. 
Sec. 605. Right to privacy when using air traffic control system. 
Sec. 606. Air shows. 
Sec. 607. Part 91 review, reform, and streamlining. 
Sec. 608. Aircraft registration. 
Sec. 609. Air transportation of lithium cells and batteries. 
Sec. 610. Remote tower pilot program for rural and small communities. 
Sec. 611. Ensuring FAA readiness to provide seamless oceanic operations. 
Sec. 612. Sense of Congress regarding women in aviation. 
Sec. 613. Obstruction evaluation aeronautical studies. 
Sec. 614. Aircraft leasing. 
Sec. 615. Report on obsolete test equipment. 
Sec. 616. Retired military controllers. 
Sec. 617. Pilots sharing flight expenses with passengers. 
Sec. 618. Aviation rulemaking committee for part 135 pilot rest and duty rules. 
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Sec. 619. Metropolitan Washington Airports Authority. 
Sec. 620. Terminal Aerodrome Forecast. 
Sec. 621. Federal Aviation Administration employees stationed on Guam. 
Sec. 622. Technical corrections. 
Sec. 623. Application of veterans’ preference to Federal Aviation Administration 
personnel management system. 
Sec. 624. Public aircraft eligible for logging flight times. 
Sec. 625. Federal Aviation Administration workforce review. 
Sec. 626. State taxation. 
Sec. 627. Aviation and aerospace workforce of the future. 
Sec. 628. Future aviation and aerospace workforce study. 
Sec. 629. FAA leadership on civil supersonic aircraft. 
Sec. 630. Oklahoma registry office. 
Sec. 631. Foreign air transportation under United States-European Union Air 
Transport Agreement. 
Sec. 632. Training on human trafficking for certain staff. 
Sec. 633. Part 107 implementation improvements. 
Sec. 634. Part 107 transparency and technology improvements. 
Sec. 635. Prohibitions against smoking on passenger flights. 
Sec. 636. Consumer protection requirements relating to large ticket agents. 
Sec. 637. Agency procurement reporting requirements. 
Sec. 638. Zero-emission vehicles and technology. 
Sec. 639. Employee Assault Prevention and Response Plans. 
Sec. 640. Study on training of customer-facing air carrier employees. 
Sec. 641. Minimum dimensions for passenger seats. 
Sec. 642. Study of ground transportation options. 
SEC. 2. EFFECTIVE DATE. 
Except as otherwise expressly provided, this Act and 
the amendments made by this Act shall take effect on the 
date of enactment of this Act. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA 
Programs 
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS. 
(a) AUTHORIZATION.—Section 48103(a) of title 49, 
United States Code, is amended by striking ‘‘section 
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(c) AUTHORIZATION OF APPROPRIATIONS FROM GEN-
ERAL FUND.— 
(1) IN GENERAL.—Title 49, United States Code, 
is amended by inserting after section 48101 the fol-
lowing: 
‘‘§ 48101a. Other facilities and equipment 
‘‘There is authorized to be appropriated to the Sec-
retary of Transportation to acquire, establish, and improve 
facilities and equipment (other than facilities and equip-
ment relating to air traffic services)— 
‘‘(1) $189,000,000 for fiscal year 2021; 
‘‘(2) $193,000,000 for fiscal year 2022; and 
‘‘(3) $198,000,000 for fiscal year 2023.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 481 of title 49, United States Code, is amend-
ed by inserting after the item relating to section 
48101 the following: 
‘‘48101a. Other facilities and equipment.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) SUBMISSION OF BUDGET INFORMATION 
AND LEGISLATIVE RECOMMENDATIONS AND COM-
MENTS.—Section 48109 of title 49, United States 
Code, is amended by inserting ‘‘, 48101a,’’ before 
‘‘or 48102’’. 
(B) REPROGRAMMING
NOTIFICATION
RE-
QUIREMENT.—Section 48113 of title 49, United 
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States Code, is amended by inserting ‘‘48101a,’’ 
before ‘‘or 48103’’. 
SEC. 103. FAA OPERATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS FROM GEN-
ERAL FUND.—Section 106(k)(1) of title 49, United States 
Code, is amended— 
(1) in the paragraph heading by inserting 
‘‘FROM GENERAL FUND’’ after ‘‘MAINTENANCE’’; and 
(2) by striking subparagraphs (A) through (E) 
and inserting the following: 
‘‘(A) $2,059,000,000 for fiscal year 2018; 
‘‘(B) $2,126,000,000 for fiscal year 2019; 
‘‘(C) $2,197,000,000 for fiscal year 2020; 
‘‘(D) $1,957,000,000 for fiscal year 2021; 
‘‘(E) $2,002,000,000 for fiscal year 2022; 
and 
‘‘(F) $2,047,000,000 for fiscal year 2023.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS FROM AIR-
PORT AND AIRWAY TRUST FUND.—Section 106(k)(2) of title 
49, United States Code, is amended to read as follows: 
‘‘(2) SALARIES, OPERATIONS, AND MAINTENANCE 
FROM AIRPORT AND AIRWAY TRUST FUND.—There is 
authorized to be appropriated to the Secretary out of 
the Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 for 
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salaries, operations, and maintenance of the Adminis-
tration— 
‘‘(A) $8,073,000,000 for fiscal year 2018; 
‘‘(B) $8,223,000,000 for fiscal year 2019; 
and 
‘‘(C) $8,374,000,000 for fiscal year 2020.’’. 
(c) AUTHORITY
TO
TRANSFER
FUNDS.—Section 
106(k)(3) of title 49, United States Code, is amended— 
(1) by striking ‘‘fiscal years 2012 through 2017’’ 
and inserting ‘‘fiscal years 2018 through 2020’’; and 
(2) by striking ‘‘paragraph (1)’’ each place it 
appears and inserting ‘‘paragraphs (1) and (2)’’. 
SEC. 104. ADJUSTMENT TO AIP PROGRAM FUNDING. 
Section 48112 of title 49, United States Code, and the 
item relating to such section in the analysis for chapter 481 
of such title, are repealed. 
SEC. 105. FUNDING FOR AVIATION PROGRAMS. 
Section 48114(a)(1)(A)(ii) of title 49, United States 
Code, is amended by striking ‘‘in fiscal year 2014 and each 
fiscal year thereafter’’ and inserting ‘‘in fiscal years 2014 
through 2017’’. 
SEC. 106. APPLICABILITY. 
This subtitle, and the amendments made by this sub-
title, shall apply only to fiscal years beginning after Sep-
tember 30, 2017. 
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Subtitle B—Passenger Facility 
Charges 
SEC. 111. PASSENGER FACILITY CHARGE MODERNIZATION. 
Section 40117(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘or $3’’ and in-
serting ‘‘$3, $4, or $4.50’’; 
(2) by repealing paragraph (4); 
(3) in paragraph (6)— 
(A) by striking ‘‘specified in paragraphs (1) 
and (4)’’ and inserting ‘‘specified in paragraph 
(1)’’; and 
(B) by striking ‘‘imposed under paragraph 
(1) or (4)’’ and inserting ‘‘imposed under para-
graph (1)’’; and 
(4) in paragraph (7)(A)— 
(A) by striking ‘‘specified in paragraphs 
(1), (4), and (6)’’ and inserting ‘‘specified in 
paragraphs (1) and (6)’’; and 
(B) by striking ‘‘imposed under paragraph 
(1) or (4)’’ and inserting ‘‘imposed under para-
graph (1)’’. 
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SEC. 112. PILOT PROGRAM FOR PASSENGER FACILITY 
CHARGE AUTHORIZATIONS. 
Section 40117(l) of title 49, United States Code, is 
amended— 
(1) in the subsection heading by striking ‘‘AT 
NONHUB AIRPORTS’’; and 
(2) in paragraph (1) by striking ‘‘nonhub’’. 
Subtitle C—Airport Improvement 
Program Modifications 
SEC. 121. CLARIFICATION OF AIRPORT OBLIGATION TO 
PROVIDE FAA AIRPORT SPACE. 
Section 44502 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(f) AIRPORT SPACE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Administrator of the Federal Aviation 
Administration may not require an airport owner, 
operator, or sponsor (as defined in section 47102) to 
provide building construction, maintenance, utilities, 
administrative support, or space on airport property 
to the Federal Aviation Administration without ade-
quate compensation. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
apply in any case in which an airport owner, oper-
ator, or sponsor— 
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‘‘(A) provides land or buildings without 
compensation prior to the date of transfer (as de-
fined in section 90101(a)) to the Federal Avia-
tion Administration for facilities used to carry 
out activities related to air traffic control or 
navigation pursuant to a grant assurance; or 
‘‘(B) provides goods or services to the Fed-
eral Aviation Administration without compensa-
tion or at below-market rates pursuant to a ne-
gotiated agreement between the owner, operator, 
or sponsor and the Administrator.’’. 
SEC. 122. MOTHERS’ ROOMS AT AIRPORTS. 
(a) LACTATION AREA DEFINED.—Section 47102 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘(29) ‘lactation area’ means a room or other lo-
cation in a commercial service airport that— 
‘‘(A) provides a location for members of the 
public to express breast milk that is shielded 
from view and free from intrusion from the pub-
lic; 
‘‘(B) has a door that can be locked; 
‘‘(C) includes a place to sit, a table or other 
flat surface, and an electrical outlet; 
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‘‘(D) is readily accessible to and usable by 
individuals with disabilities, including individ-
uals who use wheelchairs; and 
‘‘(E) is not located in a restroom.’’. 
(b) PROJECT GRANT WRITTEN ASSURANCES
FOR 
LARGE AND MEDIUM HUB AIRPORTS.— 
(1) IN GENERAL.—Section 47107(a) of title 49, 
United States Code, is amended— 
(A) in paragraph (20) by striking ‘‘and’’ at 
the end; 
(B) in paragraph (21) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(22) with respect to a medium or large hub air-
port, the airport owner or operator will maintain a 
lactation area in each passenger terminal building of 
the airport in the sterile area (as defined in section 
1540.5 of title 49, Code of Federal Regulations) of the 
building.’’. 
(2) APPLICABILITY.— 
(A) IN
GENERAL.—The amendment made 
by paragraph (1) shall apply to a project grant 
application submitted for a fiscal year beginning 
on or after the date that is 2 years after the date 
of enactment of this Act. 
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(B) SPECIAL
RULE.—The requirement in 
the amendment made by paragraph (1) that a 
lactation area be located in the sterile area of a 
passenger terminal building shall not apply with 
respect to a project grant application for a pe-
riod of time, determined by the Secretary of 
Transportation, if the Secretary determines that 
construction or maintenance activities make it 
impracticable or unsafe for the lactation area to 
be located in the sterile area of the building. 
(c) 
TERMINAL
DEVELOPMENT
COSTS.—Section 
47119(a) of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(3) LACTATION
AREAS.—In addition to the 
projects described in paragraph (1), the Secretary 
may approve a project for terminal development for 
the construction or installation of a lactation area at 
a commercial service airport.’’. 
(d) PRE-EXISTING FACILITIES.—On application by 
an airport sponsor, the Secretary may determine that a lac-
tation area in existence on the date of enactment of this 
Act complies with the requirement of section 47107(a)(22) 
of title 49, United States Code, as added by this section, 
notwithstanding the absence of one of the facilities or char-
acteristics referred to in the definition of the term ‘‘lacta-
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tion area’’ in section 47102 of such title, as added by this 
section. 
SEC. 123. EXTENSION OF COMPETITIVE ACCESS REPORTS. 
Section 47107(r)(3) of title 49, United States Code, is 
amended by striking ‘‘October 1, 2017’’ and inserting ‘‘Oc-
tober 1, 2023’’. 
SEC. 124. GRANT ASSURANCES. 
(a) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 
Section 47107 is amended by adding at the end the fol-
lowing: 
‘‘(u) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 
‘‘(1) IN GENERAL.—The construction of a covered 
aircraft shall be treated as an aeronautical activity 
for purposes of— 
‘‘(A) determining an airport’s compliance 
with a grant assurance made under this section 
or any other provision of law; and 
‘‘(B) the receipt of Federal financial assist-
ance for airport development. 
‘‘(2) COVERED AIRCRAFT DEFINED.—In this sub-
section, the term ‘covered aircraft’ means an air-
craft— 
‘‘(A) used or intended to be used exclusively 
for recreational purposes; and 
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‘‘(B) constructed or under construction by a 
private individual at a general aviation air-
port.’’. 
(b) COMMUNITY USE
OF AIRPORT LAND.—Section 
47107 of title 49, United States Code, as amended by this 
section, is further amended by adding at the end the fol-
lowing: 
‘‘(v) COMMUNITY USE OF AIRPORT LAND.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a)(13), and subject to paragraph (2), the sponsor of 
a public-use airport shall not be considered to be in 
violation of this subtitle, or to be found in violation 
of a grant assurance made under this section, or 
under any other provision of law, as a condition for 
the receipt of Federal financial assistance for airport 
development, solely because the sponsor has entered 
into an agreement, including a revised agreement, 
with a local government providing for the use of air-
port property for an interim compatible recreational 
purpose at below fair market value. 
‘‘(2) 
RESTRICTIONS.—This 
subsection 
shall 
apply only— 
‘‘(A) to an agreement regarding airport 
property that was initially entered into before 
the publication of the Federal Aviation Adminis-
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tration’s Policy and Procedures Concerning the 
Use of Airport Revenue, dated February 16, 
1999; 
‘‘(B) if the agreement between the sponsor 
and the local government is subordinate to any 
existing or future agreements between the sponsor 
and the Secretary, including agreements related 
to a grant assurance under this section; 
‘‘(C) to airport property that was acquired 
under a Federal airport development grant pro-
gram; 
‘‘(D) if the airport sponsor has provided a 
written statement to the Administrator that the 
property made available for a recreational pur-
pose will not be needed for any aeronautical pur-
pose during the next 10 years; 
‘‘(E) if the agreement includes a term of not 
more than 2 years to prepare the airport prop-
erty for the interim compatible recreational pur-
pose and not more than 10 years of use for that 
purpose; 
‘‘(F) if the recreational purpose will not im-
pact the aeronautical use of the airport; 
‘‘(G) if the airport sponsor provides a cer-
tification that the sponsor is not responsible for 
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preparation, start-up, operations, maintenance, 
or any other costs associated with the rec-
reational purpose; and 
‘‘(H) if the recreational purpose is con-
sistent with Federal land use compatibility cri-
teria under section 47502. 
‘‘(3) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed as permitting a di-
version of airport revenue for the capital or operating 
costs associated with the community use of airport 
land.’’. 
SEC. 125. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘primary air-
port having at least .25 percent of the total number 
of passenger boardings each year at all commercial 
service airports;’’ and inserting ‘‘medium or large hub 
airport;’’; and 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) 95 percent for a project that— 
‘‘(A) the Administrator determines is a suc-
cessive phase of a multi-phase construction 
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project for which the sponsor received a grant in 
fiscal year 2011; and 
‘‘(B) for which the United States Govern-
ment’s share of allowable project costs could oth-
erwise be 90 percent under paragraph (2) or 
(3).’’. 
SEC. 126. UPDATED VETERANS’ PREFERENCE. 
Section 47112(c)(1)(C) of title 49, United States Code, 
is amended— 
(1) by striking ‘‘or Operation New Dawn for 
more’’ and inserting ‘‘Operation New Dawn, Oper-
ation Inherent Resolve, Operation Freedom’s Sentinel, 
or any successor contingency operation to such oper-
ations for more’’; and 
(2) by striking ‘‘or Operation New Dawn 
(whichever is later)’’ and inserting ‘‘Operation New 
Dawn, Operation Inherent Resolve, Operation Free-
dom’s Sentinel, or any successor contingency oper-
ation to such operations (whichever is later)’’. 
SEC. 127. SPECIAL RULE. 
Section 47114(d)(3) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(C) During fiscal years 2018 through 
2020— 
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‘‘(i) an airport that accrued apportion-
ment funds under subparagraph (A) in fis-
cal year 2013 that is listed as having an 
unclassified status under the most recent 
national plan of integrated airport systems 
shall continue to accrue apportionment 
funds under subparagraph (A) at the same 
amount the airport accrued apportionment 
funds in fiscal year 2013, subject to the con-
ditions of this paragraph; 
‘‘(ii) notwithstanding the period of 
availability 
as 
described 
in 
section 
47117(b), an amount apportioned to an air-
port under clause (i) shall be available to 
the airport only during the fiscal year in 
which the amount is apportioned; and 
‘‘(iii) notwithstanding the waiver per-
mitted under section 47117(c)(2), an air-
port receiving apportionment funds under 
clause (i) may not waive its claim to any 
part of the apportioned funds in order to 
make the funds available for a grant for an-
other public-use airport. 
‘‘(D) An airport that re-establishes its clas-
sified status shall be eligible to accrue apportion-
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ment funds pursuant to subparagraph (A) so 
long as such airport retains its classified sta-
tus.’’. 
SEC. 128. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 
Section 47115 of title 49, United States Code, is 
amended— 
(1) by striking subsection (i); 
(2) by redesignating subsection (j) as subsection 
(i); and 
(3) in subsection (i) (as so redesignated) by 
striking ‘‘fiscal years 2012 through 2017’’ and insert-
ing ‘‘fiscal years 2017 through 2023’’. 
SEC. 129. NONDISCRIMINATION. 
Section 47123 of title 49, United States Code, is 
amended— 
(1) by striking ‘‘The Secretary of Transpor-
tation’’ and inserting the following: 
‘‘(a) IN GENERAL.—The Secretary of Transportation’’; 
and 
(2) by adding at the end the following: 
‘‘(b) INDIAN EMPLOYMENT.— 
‘‘(1) TRIBAL SPONSOR PREFERENCE.—Consistent 
with section 703(i) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–2(i)), nothing in this section shall pre-
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clude the preferential employment of Indians living 
on or near a reservation on a project or contract at— 
‘‘(A) an airport sponsored by an Indian 
tribal government; or 
‘‘(B) an airport located on an Indian res-
ervation. 
‘‘(2) STATE PREFERENCE.—A State may imple-
ment a preference for employment of Indians on a 
project carried out under this subchapter near an In-
dian reservation. 
‘‘(3) IMPLEMENTATION.—The Secretary shall co-
operate with Indian tribal governments and the 
States to implement this subsection. 
‘‘(4) INDIAN TRIBAL GOVERNMENT DEFINED.—In 
this section, the term ‘Indian tribal government’ has 
the same meaning given that term in section 102 of 
the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122).’’. 
SEC. 130. STATE BLOCK GRANT PROGRAM EXPANSION. 
Section 47128(a) of title 49, United States Code, is 
amended by striking ‘‘not more than 9 qualified States for 
fiscal years 2000 and 2001 and 10 qualified States for each 
fiscal year thereafter’’ and inserting ‘‘not more than 20 
qualified States for each fiscal year’’. 
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SEC. 131. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Aviation 
Reauthorization Act (117 Stat. 2518) is amended in the 
first sentence by striking ‘‘fiscal years 2012 through 2017’’ 
and inserting ‘‘fiscal years 2017 through 2023’’. 
SEC. 132. PROPERTY CONVEYANCE RELEASES. 
Section 817(a) of the FAA Modernization and Reform 
Act of 2012 (49 U.S.C. 47125 note) is amended— 
(1) by striking ‘‘or section 23’’ and inserting ‘‘, 
section 23’’; and 
(2) by inserting ‘‘, or section 47125 of title 49, 
United States Code’’ before the period at the end. 
SEC. 133. MINORITY AND DISADVANTAGED BUSINESS PAR-
TICIPATION. 
Congress finds the following: 
(1) While significant progress has occurred due 
to the establishment of the airport disadvantaged 
business enterprise program (49 U.S.C. 47107(e) and 
47113), discrimination and related barriers continue 
to pose significant obstacles for minority- and 
women-owned businesses seeking to do business in air-
port-related markets across the Nation. These con-
tinuing barriers merit the continuation of the airport 
disadvantaged business enterprise program. 
(2) Congress has received and reviewed testimony 
and documentation of race and gender discrimination 
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from numerous sources, including congressional hear-
ings and roundtables, scientific reports, reports issued 
by public and private agencies, news stories, reports 
of discrimination by organizations and individuals, 
and discrimination lawsuits. This testimony and doc-
umentation shows that race- and gender-neutral ef-
forts alone are insufficient to address the problem. 
(3) This testimony and documentation dem-
onstrates that discrimination across the Nation poses 
a barrier to full and fair participation in airport-re-
lated businesses of women business owners and minor-
ity business owners in the racial groups detailed in 
parts 23 and 26 of title 49, Code of Federal Regula-
tions, and has impacted firm development and many 
aspects of airport-related business in the public and 
private markets. 
(4) This testimony and documentation provides 
a strong basis that there is a compelling need for the 
continuation of the airport disadvantaged business 
enterprise program and the airport concessions dis-
advantaged business enterprise program to address 
race and gender discrimination in airport-related 
business. 
SEC. 134. CONTRACT TOWER PROGRAM. 
(a) AIR TRAFFIC CONTROL CONTRACT PROGRAM.— 
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(1) SPECIAL RULE.—Section 47124(b)(1)(B) of 
title 49, United States Code, is amended by striking 
‘‘exceeds the benefit for a period of 18 months after 
such determination is made’’ and inserting the fol-
lowing: ‘‘exceeds the benefit— 
‘‘(i) for the 1-year period after such de-
termination is made; or 
‘‘(ii) if an appeal of such determina-
tion is requested, for the 1-year period de-
scribed in subsection (d)(4)(D)’’. 
(2) FUNDING OF COST-SHARE PROGRAM.—Sec-
tion 47124(b)(3)(E) of title 49, United States Code, is 
amended to read as follows: 
‘‘(E) 
FUNDING.—Amounts 
appropriated 
pursuant to section 106(k)(1) may be used to 
carry out this paragraph.’’. 
(3) CONSTRUCTION
OF
AIR
TRAFFIC
CONTROL 
TOWERS.— 
(A) GRANTS.—Section 47124(b)(4)(A) of 
title 49, United States Code, is amended in each 
of clauses (i)(III) and (ii)(III) by inserting ‘‘, 
including remote air traffic control tower equip-
ment certified by the Federal Aviation Adminis-
tration’’ after ‘‘1996’’. 
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(B) ELIGIBILITY.—Section 47124(b)(4)(B) 
of title 49, United States Code, is amended to 
read as follows: 
‘‘(B) ELIGIBILITY.— 
‘‘(i) BEFORE
DATE
OF
TRANSFER.— 
Before the date of transfer (as defined in 
section 90101(a)), an airport sponsor shall 
be eligible for a grant under this paragraph 
only if— 
‘‘(I)(aa) the sponsor is a partici-
pant in the Federal Aviation Adminis-
tration contract tower program estab-
lished under subsection (a) and contin-
ued under paragraph (1) or the pilot 
program established under paragraph 
(3); or 
‘‘(bb) construction of a non-
approach control tower would qualify 
the sponsor to be eligible to participate 
in such program; 
‘‘(II) the sponsor certifies that it 
will pay not less than 10 percent of the 
cost of the activities for which the 
sponsor is receiving assistance under 
this paragraph; 
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‘‘(III) the Secretary affirmatively 
accepts the proposed contract tower 
into a contract tower program under 
this section and certifies that the Sec-
retary will seek future appropriations 
to pay the Federal Aviation Adminis-
tration’s cost of the contract to operate 
the tower to be constructed under this 
paragraph; 
‘‘(IV) the sponsor certifies that it 
will pay its share of the cost of the con-
tract to operate the tower to be con-
structed under this paragraph; and 
‘‘(V) in the case of a tower to be 
constructed under this paragraph from 
amounts made available under section 
47114(d)(2) or 47114(d)(3)(B), the 
Secretary certifies that— 
‘‘(aa) the Federal Aviation 
Administration has consulted the 
State within the borders of which 
the tower is to be constructed and 
the State supports the construc-
tion of the tower as part of its 
State airport capital plan; and 
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‘‘(bb) the selection of the 
tower for funding is based on ob-
jective criteria. 
‘‘(ii) ON AND AFTER DATE OF TRANS-
FER.—On and after the date of transfer (as 
defined in section 90101(a)), an airport 
sponsor shall be eligible for a grant under 
this paragraph only if— 
‘‘(I) the Secretary determines that 
the tower to be constructed at the spon-
sor’s airport using the amounts of the 
grant will be operated pursuant to an 
agreement entered into by the Amer-
ican Air Navigation Services Corpora-
tion and an entity pursuant to section 
90302(c)(3); 
‘‘(II) the sponsor certifies that it 
will pay not less than 10 percent of the 
cost of the activities for which the 
sponsor is receiving assistance under 
this paragraph; and 
‘‘(III) in the case of a tower to be 
constructed under this paragraph from 
amounts made available under section 
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47114(d)(2) or 47114(d)(3)(B), the 
Secretary certifies that— 
‘‘(aa) the Federal Aviation 
Administration has consulted the 
State within the borders of which 
the tower is to be constructed and 
the State supports the construc-
tion of the tower as part of its 
State airport capital plan; and 
‘‘(bb) the selection of the 
tower for funding is based on ob-
jective criteria.’’. 
(C) LIMITATION ON FEDERAL SHARE.—Sec-
tion 47124(b)(4) of title 49, United States Code, 
is amended by striking subparagraph (C). 
(4) BENEFIT-TO-COST
CALCULATION
FOR
PRO-
GRAM APPLICANTS.—Section 47124(b)(3) of title 49, 
United States Code, is amended by adding at the end 
the following: 
‘‘(G) BENEFIT-TO-COST CALCULATION.—Not 
later than 90 days after receiving an application 
to the Contract Tower Program, the Secretary 
shall calculate a benefit-to-cost ratio (as de-
scribed in subsection (d)) for the applicable air 
traffic control tower for purposes of selecting 
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towers for participation in the Contract Tower 
Program.’’. 
(b) SAFETY AUDITS.—Section 47124(c) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) BEFORE DATE OF TRANSFER.—Before the 
date of transfer (as defined in section 90101(a)), the 
Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) ON AND AFTER DATE OF TRANSFER.—On 
and after the date of transfer (as defined in section 
90101(a)), oversight of air traffic control towers that 
receive funding under this section shall be carried out 
in accordance with performance-based regulations 
and minimum safety standards prescribed under sec-
tion 90501.’’. 
(c) CRITERIA TO EVALUATE PARTICIPANTS.—Section 
47124 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘(d) CRITERIA TO EVALUATE PARTICIPANTS.— 
‘‘(1) TIMING OF EVALUATIONS.— 
‘‘(A) TOWERS
PARTICIPATING
IN
COST- 
SHARE PROGRAM.—In the case of an air traffic 
control tower that is operated under the program 
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established under subsection (b)(3), the Secretary 
shall annually calculate a benefit-to-cost ratio 
with respect to the tower. 
‘‘(B) TOWERS PARTICIPATING IN CONTRACT 
TOWER PROGRAM.—In the case of an air traffic 
control tower that is operated under the program 
established under subsection (a) and continued 
under subsection (b)(1), the Secretary shall not 
calculate a benefit-to-cost ratio after the date of 
enactment of this subsection with respect to the 
tower unless the Secretary determines that the 
annual aircraft traffic at the airport where the 
tower is located has decreased— 
‘‘(i) by more than 25 percent from the 
previous year; or 
‘‘(ii) by more than 60 percent cumula-
tively in the preceding 3-year period. 
‘‘(2) COSTS TO BE CONSIDERED.—In establishing 
a benefit-to-cost ratio under this section with respect 
to an air traffic control tower, the Secretary shall 
consider only the following costs: 
‘‘(A) The Federal Aviation Administration’s 
actual cost of wages and benefits of personnel 
working at the tower. 
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‘‘(B) The Federal Aviation Administration’s 
actual telecommunications costs directly associ-
ated with the tower. 
‘‘(C) The Federal Aviation Administration’s 
costs of purchasing and installing any air traffic 
control equipment that would not have been pur-
chased or installed except for the operation of the 
tower. 
‘‘(D) The Federal Aviation Administra-
tion’s actual travel costs associated with main-
taining air traffic control equipment that is 
owned by the Administration and would not be 
maintained except for the operation of the tower. 
‘‘(3) OTHER CRITERIA TO BE CONSIDERED.—In 
establishing a benefit-to-cost ratio under this section 
with respect to an air traffic control tower, the Sec-
retary shall add a 10 percentage point margin of 
error to the benefit-to-cost ratio determination to ac-
knowledge and account for the direct and indirect eco-
nomic and other benefits that are not included in the 
criteria the Secretary used in calculating that ratio. 
‘‘(4) REVIEW
OF
COST-BENEFIT
DETERMINA-
TIONS.—In issuing a benefit-to-cost ratio determina-
tion under this section with respect to an air traffic 
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control tower located at an airport, the Secretary 
shall implement the following procedures: 
‘‘(A) The Secretary shall provide the airport 
(or the State or local government having juris-
diction over the airport) at least 90 days fol-
lowing the date of receipt of the determination to 
submit to the Secretary a request for an appeal 
of the determination, together with updated or 
additional data in support of the appeal. 
‘‘(B) Upon receipt of a request for an ap-
peal submitted pursuant to subparagraph (A), 
the Secretary shall— 
‘‘(i) transmit to the Administrator of 
the Federal Aviation Administration any 
updated or additional data submitted in 
support of the appeal; and 
‘‘(ii) provide the Administrator not 
more than 90 days to review the data and 
provide a response to the Secretary based on 
the review. 
‘‘(C) After receiving a response from the Ad-
ministrator pursuant to subparagraph (B), the 
Secretary shall— 
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‘‘(i) provide the airport, State, or local 
government that requested the appeal at 
least 30 days to review the response; and 
‘‘(ii) withhold from taking further ac-
tion in connection with the appeal during 
that 30-day period. 
‘‘(D) If, after completion of the appeal pro-
cedures with respect to the determination, the 
Secretary requires the tower to transition into 
the program established under subsection (b)(3), 
the Secretary shall not require a cost-share pay-
ment from the airport, State, or local govern-
ment for 1 year following the last day of the 30- 
day period described in subparagraph (C).’’. 
SEC. 135. AIRPORT ACCESS ROADS IN REMOTE LOCATIONS. 
Notwithstanding section 47102 of title 49, United 
States Code, for fiscal years 2017 through 2020, the defini-
tion of the term ‘‘terminal development’’ under that section 
includes the development of an airport access road that— 
(1) is located in a noncontiguous State; 
(2) is not more than 3 miles in length; 
(3) connects to the nearest public roadways of 
not more than the 2 closest census designated places; 
and 
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(4) is constructed for the purpose of connecting 
the census designated places with a planned or newly 
constructed airport. 
SEC. 136. BUY AMERICA REQUIREMENTS. 
(a) NOTICE OF WAIVERS.—If the Secretary of Trans-
portation determines that it is necessary to waive the appli-
cation of section 50101(a) of title 49, United States Code, 
based on a finding under section 50101(b) of that title, the 
Secretary, at least 10 days before the date on which the 
waiver takes effect, shall— 
(1) make publicly available, in an easily identi-
fiable location on the website of the Department of 
Transportation, a detailed written justification of the 
waiver determination; and 
(2) provide an informal public notice and com-
ment opportunity on the waiver determination. 
(b) ANNUAL REPORT.—For each fiscal year, the Sec-
retary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report on waivers issued under section 50101 
of title 49, United States Code, during the fiscal year. 
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Subtitle D—Airport Noise and 
Environmental Streamlining 
SEC. 151. RECYCLING PLANS FOR AIRPORTS. 
Section 47106(a)(6) of title 49, United States Code, 
is amended by inserting ‘‘that includes the project’’ before 
‘‘, the master plan’’. 
SEC. 152. PILOT PROGRAM SUNSET. 
(a) IN GENERAL.—Section 47140 of title 49, United 
States Code, is repealed. 
(b) CONFORMING AMENDMENT.—Section 47140a of 
title 49, United States Code, is redesignated as section 
47140. 
(c) CLERICAL AMENDMENTS.—The analysis for chap-
ter 471 of title 49, United States Code, is amended— 
(1) by striking the items relating to sections 
47140 and 47140a; and 
(2) by inserting after the item relating to section 
47139 the following: 
‘‘47140. Increasing the energy efficiency of airport power sources.’’. 
SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPAT-
IBLE LAND USE PLANNING AND PROJECTS BY 
STATE AND LOCAL GOVERNMENTS. 
Section 47141(f) of title 49, United States Code, is 
amended by striking ‘‘September 30, 2017’’ and inserting 
‘‘September 30, 2023’’. 
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SEC. 154. UPDATING AIRPORT NOISE EXPOSURE MAPS. 
Section 47503(b) of title 49, United States Code, is 
amended to read as follows: 
‘‘(b) REVISED MAPS.— 
‘‘(1) IN
GENERAL.—An airport operator that 
submitted a noise exposure map under subsection (a) 
shall submit a revised map to the Secretary if, in an 
area surrounding an airport, a change in the oper-
ation of the airport would establish a substantial new 
noncompatible use, or would significantly reduce 
noise over existing noncompatible uses, that is not re-
flected in either the existing conditions map or fore-
cast map currently on file with the Federal Aviation 
Administration. 
‘‘(2) TIMING.—A submission under paragraph 
(1) shall be required only if the relevant change in the 
operation of the airport occurs during— 
‘‘(A) the forecast period of the applicable 
noise exposure map submitted by an airport op-
erator under subsection (a); or 
‘‘(B) the implementation period of the air-
port operator’s noise compatibility program.’’. 
SEC. 155. STAGE 3 AIRCRAFT STUDY. 
(a) STUDY.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General of the 
United States shall initiate a review of the potential bene-
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fits, costs, and other impacts that would result from a 
phaseout of covered stage 3 aircraft. 
(b) CONTENTS.—The review shall include— 
(1) a determination of the number, types, fre-
quency of operations, and owners and operators of 
covered stage 3 aircraft; 
(2) an analysis of the potential benefits, costs, 
and other impacts to air carriers, general aviation 
operators, airports, communities surrounding air-
ports, and the general public associated with phasing 
out or reducing the operations of covered stage 3 air-
craft, assuming such a phaseout or reduction is put 
into effect over a reasonable period of time; 
(3) a determination of lessons learned from the 
phaseout of stage 2 aircraft that might be applicable 
to a phaseout or reduction in the operations of cov-
ered stage 3 aircraft, including comparisons between 
the benefits, costs, and other impacts associated with 
the phaseout of stage 2 aircraft and the potential ben-
efits, costs, and other impacts determined under para-
graph (2); 
(4) a determination of the costs and logistical 
challenges associated with recertifying stage 3 aircraft 
capable of meeting stage 4 noise levels; and 
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(5) a determination of stakeholder views on the 
feasibility and desirability of phasing out covered 
stage 3 aircraft, including the views of— 
(A) air carriers; 
(B) airports; 
(C) communities surrounding airports; 
(D) aircraft and avionics manufacturers; 
(E) operators of covered stage 3 aircraft 
other than air carriers; and 
(F) such other stakeholders and aviation ex-
perts as the Comptroller General considers ap-
propriate. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the review. 
(d) COVERED STAGE 3 AIRCRAFT DEFINED.—In this 
section, the term ‘‘covered stage 3 aircraft’’ means an air-
craft weighing more than 75,000 pounds that is not capable 
of meeting the stage 4 noise levels in part 36 of title 14, 
Code of Federal Regulations. 
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SEC. 156. ADDRESSING COMMUNITY NOISE CONCERNS. 
When proposing a new area navigation departure pro-
cedure, or amending an existing procedure that would di-
rect aircraft between the surface and 6,000 feet above 
ground level over noise sensitive areas, the Administrator 
of the Federal Aviation Administration shall consider the 
feasibility of dispersal headings or other lateral track vari-
ations to address community noise concerns, if— 
(1) the affected airport operator, in consultation 
with the affected community, submits a request to the 
Administrator for such a consideration; 
(2) the airport operator’s request would not, in 
the judgment of the Administrator, conflict with the 
safe and efficient operation of the national airspace 
system; and 
(3) the effect of a modified departure procedure 
would not significantly increase noise over noise sen-
sitive areas, as determined by the Administrator. 
SEC. 157. STUDY ON POTENTIAL HEALTH IMPACTS OF 
OVERFLIGHT NOISE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall enter into an agreement 
with an eligible institution of higher education to conduct 
a study on the health impacts of noise from aircraft flights 
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on residents exposed to a range of noise levels from such 
flights. 
(b) SCOPE OF STUDY.—The study shall— 
(1) include an examination of the incremental 
health impacts attributable to noise exposure that re-
sult from aircraft flights, including sleep disturbance 
and elevated blood pressure; 
(2) be focused on residents in the metropolitan 
area of— 
(A) Boston; 
(B) Chicago; 
(C) the District of Columbia; 
(D) New York; 
(E) the Northern California Metroplex; 
(F) Phoenix; 
(G) the Southern California Metroplex; or 
(H) such other area as may be identified by 
the Administrator; 
(3) consider, in particular, the incremental 
health impacts on residents living partly or wholly 
underneath flight paths most frequently used by air-
craft flying at an altitude lower than 10,000 feet, in-
cluding during takeoff or landing; and 
(4) include an assessment of the relationship be-
tween a perceived increase in aircraft noise, including 
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as a result of a change in flight paths that increases 
the visibility of aircraft from a certain location, and 
an actual increase in aircraft noise, particularly in 
areas with high or variable levels of nonaircraft-re-
lated ambient noise. 
(c) ELIGIBILITY.—An institution of higher education 
is eligible to conduct the study if the institution— 
(1) has— 
(A) a school of public health that has par-
ticipated in the Center of Excellence for Aircraft 
Noise and Aviation Emissions Mitigation of the 
Federal Aviation Administration; or 
(B) a center for environmental health that 
receives funding from the National Institute of 
Environmental Health Sciences; 
(2) is located in one of the areas identified in 
subsection (b); 
(3) applies to the Administrator in a timely 
fashion; 
(4) demonstrates to the satisfaction of the Ad-
ministrator that the institution is qualified to con-
duct the study; 
(5) agrees to submit to the Administrator, not 
later than 3 years after entering into an agreement 
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under subsection (a), the results of the study, includ-
ing any source materials used; and 
(6) meets such other requirements as the Admin-
istrator determines necessary. 
(d) REPORT.—Not later than 90 days after the Admin-
istrator receives the results of the study, the Administrator 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report containing the results. 
SEC. 158. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a pilot program involving not more than 
6 projects at public-use airports in accordance with this 
section. 
(b) GRANTS.—In carrying out the program, the Sec-
retary may make grants to sponsors of public-use airports 
from funds apportioned under section 47117(e)(1)(A) of 
title 49, United States Code. 
(c) USE OF FUNDS.—Amounts from a grant received 
by the sponsor of a public-use airport under the program 
shall be used for environmental mitigation projects that will 
measurably reduce or mitigate aviation impacts on noise, 
air quality, or water quality at the airport or within 5 
miles of the airport. 
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(d) ELIGIBILITY.—Notwithstanding any other provi-
sion of chapter 471 of title 49, United States Code, an envi-
ronmental mitigation project approved under this section 
shall be treated as eligible for assistance under that chapter. 
(e) SELECTION CRITERIA.—In selecting from among 
applicants for participation in the program, the Secretary 
may give priority consideration to projects that— 
(1) will achieve the greatest reductions in air-
craft noise, airport emissions, or airport water qual-
ity impacts either on an absolute basis or on a per 
dollar of funds expended basis; and 
(2) will be implemented by an eligible consor-
tium. 
(f) FEDERAL SHARE.—The Federal share of the cost 
of a project carried out under the program shall be 50 per-
cent. 
(g) MAXIMUM AMOUNT.—Not more than $2,500,000 
may be made available by the Secretary in grants under 
the program for any single project. 
(h) IDENTIFYING BEST PRACTICES.—The Secretary 
may establish and publish information identifying best 
practices for reducing or mitigating aviation impacts on 
noise, air quality, and water quality at airports or in the 
vicinity of airports based on the projects carried out under 
the program. 
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(i) SUNSET.—The program shall terminate 5 years 
after the Secretary makes the first grant under the program. 
(j) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible 
consortium’’ means a consortium that is comprised of 
2 or more of the following entities: 
(A) Businesses incorporated in the United 
States. 
(B) Public or private educational or re-
search organizations located in the United 
States. 
(C) Entities of State or local governments 
in the United States. 
(D) Federal laboratories. 
(2) ENVIRONMENTAL MITIGATION PROJECT.—The 
term ‘‘environmental mitigation project’’ means a 
project that— 
(A) introduces new environmental mitiga-
tion techniques or technologies that have been 
proven in laboratory demonstrations; 
(B) proposes methods for efficient adapta-
tion or integration of new concepts into airport 
operations; and 
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(C) will demonstrate whether new tech-
niques or technologies for environmental mitiga-
tion are— 
(i) practical to implement at or near 
multiple public-use airports; and 
(ii) capable of reducing noise, airport 
emissions, or water quality impacts in 
measurably significant amounts. 
SEC. 159. AIRCRAFT NOISE EXPOSURE. 
(a) REVIEW.—The Administrator of the Federal Avia-
tion Administration shall conduct a review of the relation-
ship between aircraft noise exposure and its effects on com-
munities around airports. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall submit to Congress a report containing the re-
sults of the review. 
(2) PRELIMINARY RECOMMENDATIONS.—The re-
port shall contain such preliminary recommendations 
as the Administrator determines appropriate for re-
vising the land use compatibility guidelines in part 
150 of title 14, Code of Federal Regulations, based on 
the results of the review and in coordination with 
other agencies. 
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SEC. 160. COMMUNITY INVOLVEMENT IN FAA NEXTGEN 
PROJECTS LOCATED IN METROPLEXES. 
(a) COMMUNITY INVOLVEMENT POLICY.—Not later 
than 180 days after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall 
complete a review of the Federal Aviation Administration’s 
community involvement practices for Next Generation Air 
Transportation System (NextGen) projects located in 
metroplexes identified by the Administration. The review 
shall include, at a minimum, a determination of how and 
when to engage airports and communities in performance- 
based navigation proposals. 
(b) REPORT.—Not later than 60 days after completion 
of the review, the Administrator shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on— 
(1) how the Administration will improve com-
munity involvement practices for NextGen projects lo-
cated in metroplexes; 
(2) how and when the Administration will en-
gage airports and communities in performance-based 
navigation proposals; and 
(3) lessons learned from NextGen projects and 
pilot programs and how those lessons learned are 
being integrated into community involvement prac-
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tices 
for 
future 
NextGen 
projects 
located 
in 
metroplexes. 
SEC. 161. CRITICAL HABITAT ON OR NEAR AIRPORT PROP-
ERTY. 
(a) FEDERAL AGENCY REQUIREMENTS.—The Sec-
retary of Transportation, to the maximum extent prac-
ticable, shall work with the heads of appropriate Federal 
agencies to ensure that designations of critical habitat, as 
that term is defined in section 3 of the Endangered Species 
Act of 1973 (16 U.S.C. 1532), on or near airport property 
do not— 
(1) result in conflicting statutory, regulatory, or 
Federal grant assurance requirements for airports or 
aircraft operators; 
(2) interfere with the safe operation of aircraft; 
or 
(3) occur on airport-owned lands that have be-
come attractive habitat for a threatened or endan-
gered species because such lands— 
(A) have been prepared for future develop-
ment; 
(B) have been designated as noise buffer 
land; or 
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(C) are held by the airport to prevent en-
croachment of uses that are incompatible with 
airport operations. 
(b) STATE REQUIREMENTS.—In a State where a State 
agency is authorized to designate land on or near airport 
property for the conservation of a threatened or endangered 
species in the State, the Secretary, to the maximum extent 
practicable, shall work with the State in the same manner 
as the Secretary works with the heads of Federal agencies 
under subsection (a). 
SEC. 162. CLARIFICATION OF REIMBURSABLE ALLOWED 
COSTS OF FAA MEMORANDA OF AGREEMENT. 
Section 47504(c)(2) of title 49, United States Code, is 
amended— 
(1) in subparagraph (D) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (E) by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) to an airport operator of a congested air-
port (as defined in section 47175) and a unit of local 
government referred to in paragraph (1)(B) to carry 
out a project to mitigate noise, if the project— 
‘‘(i) consists of— 
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‘‘(I) replacement windows, doors, and 
the installation of through-the-wall air-con-
ditioning units; or 
‘‘(II) a contribution of the equivalent 
costs to be used for reconstruction, if recon-
struction is the preferred local solution; 
‘‘(ii) is located at a school near the airport; 
and 
‘‘(iii) is included in a memorandum of 
agreement entered into before September 30, 
2002, even if the airport has not met the require-
ments of part 150 of title 14, Code of Federal 
Regulations, and only if the financial limita-
tions of the memorandum are applied.’’. 
TITLE II—AMERICAN AIR NAVI-
GATION SERVICES CORPORA-
TION 
SEC. 201. PURPOSES. 
It is declared to be the purpose of Congress in this title 
to transfer operation of air traffic services currently pro-
vided by the Federal Aviation Administration to a separate 
not-for-profit corporate entity to provide for the more effi-
cient operation and improvement of air traffic services. 
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Subtitle A—Establishment of Air 
Traffic Services Provider 
SEC. 211. AMERICAN AIR NAVIGATION SERVICES CORPORA-
TION. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by adding at the end the following: 
‘‘Subtitle XI—American Air 
Navigation Services Corporation 
‘‘Chapter
Sec. 
‘‘901. General Provisions ..................................................................... 90101 
‘‘903. Establishment of Air Traffic Services Provider; 
Transfer of Air Traffic Services ......................... 90301 
‘‘905. Regulation of Air Traffic Services Provider ................. 90501 
‘‘907. General Rights of Access to Airspace, Airports, and 
Air Traffic Services Vital for Ensuring Safe 
Operations for All Users ......................................... 90701 
‘‘909. Continuity of Air Traffic Services to Department of 
Defense and Other Public Agencies .................. 90901 
‘‘911. Employee Management ............................................................. 91101 
‘‘913. Other Matters ................................................................................ 91301 
‘‘915. Congressional Oversight of Air Traffic Services 
Provider .......................................................................... 91501 
‘‘CHAPTER 901—GENERAL PROVISIONS 
‘‘Sec. 
‘‘90101. Definitions. 
‘‘§ 90101. Definitions 
‘‘(a) IN GENERAL.—In this subtitle, the following defi-
nitions apply: 
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the FAA. 
‘‘(2) AIR
TRAFFIC
SERVICES.—The term ‘air 
traffic services’ means services— 
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‘‘(A) used for the monitoring, directing, 
control, and guidance of aircraft or flows of air-
craft and for the safe conduct of flight, including 
communications, navigation, and surveillance 
services and provision of aeronautical informa-
tion; and 
‘‘(B) provided directly, or contracted for, by 
the FAA before the date of transfer. 
‘‘(3) AIR TRAFFIC SERVICES USER.—The term 
‘air traffic services user’ means any individual or en-
tity using air traffic services provided by the Cor-
poration within United States airspace or inter-
national airspace delegated to the United States. 
‘‘(4) BOARD.—The term ‘Board’ means the 
Board of Directors of the Corporation. 
‘‘(5) CEO.—The term ‘CEO’ means the Chief 
Executive Officer of the Corporation. 
‘‘(6) CHARGE; FEE.—The terms ‘charge’ and ‘fee’ 
mean any rate, charge, fee, or other service charge for 
the use of air traffic services. 
‘‘(7) CORPORATION.—The term ‘Corporation’ 
means the American Air Navigation Services Cor-
poration established under this subtitle. 
‘‘(8) DATE OF TRANSFER.—The term ‘date of 
transfer’ means the date on which the Corporation as-
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sumes operational control of air traffic services from 
the FAA pursuant to this subtitle, which shall be Oc-
tober 1, 2020. 
‘‘(9) DIRECTOR.—The term ‘Director’ means a 
Director of the Board. 
‘‘(10) FAA.—The term ‘FAA’ means the Federal 
Aviation Administration. 
‘‘(11) INTERIM CEO.—The term ‘Interim CEO’ 
means the Interim Chief Executive Officer of the Cor-
poration. 
‘‘(12) REGIONAL AIR CARRIER.—The term ‘re-
gional air carrier’ means an air carrier operating 
under part 121 of title 14, Code of Federal Regula-
tions, that— 
‘‘(A) exclusively or primarily operates air-
craft with a seating capacity of 76 seats or 
fewer; and 
‘‘(B) is not majority owned or controlled by 
any other air carrier or air carrier holding com-
pany. 
‘‘(13) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(b) APPLICABILITY OF OTHER DEFINITIONS.—Except 
with respect to the terms specifically defined in this subtitle, 
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the definitions contained in section 40102(a) shall apply 
to the terms used in this subtitle. 
‘‘CHAPTER 903—ESTABLISHMENT OF AIR 
TRAFFIC SERVICES PROVIDER; TRANS-
FER OF AIR TRAFFIC SERVICES 
‘‘Sec. 
‘‘90301. Establishment of Corporation. 
‘‘90302. Transfer of air traffic services. 
‘‘90303. Role of Secretary in transferring air traffic services to Corporation. 
‘‘90304. Status and applicable laws. 
‘‘90305. Nomination Panels for Board. 
‘‘90306. Board of Directors. 
‘‘90307. Fiduciary duties and qualifications of Directors. 
‘‘90308. Bylaws and duties. 
‘‘90309. Committees of Board; independent auditors. 
‘‘90310. Advisory Board. 
‘‘90311. Officers and their responsibilities. 
‘‘90312. Authority of Corporation. 
‘‘90313. Charges and fees for air traffic services. 
‘‘90314. Preemption of authority over air traffic services. 
‘‘90315. Actions by and against Corporation. 
‘‘90316. Transfer of Federal personnel to Corporation. 
‘‘90317. Transfer of facilities to Corporation. 
‘‘90318. Approval of transferred air navigation facilities and other equipment. 
‘‘90319. Use of spectrum systems and data. 
‘‘90320. Transition plan. 
‘‘§ 90301. Establishment of Corporation 
‘‘(a) FEDERAL CHARTER.—There is established a fed-
erally chartered, not-for-profit corporation to be known as 
the ‘American Air Navigation Services Corporation’, which 
shall be incorporated in a State of its choosing. 
‘‘(b) CORPORATION NAME.— 
‘‘(1) IN GENERAL.—The Corporation may con-
duct its business and affairs, and otherwise hold itself 
out, as the ‘American Air Navigation Services Cor-
poration’ in any jurisdiction. 
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‘‘(2) EXCLUSIVE RIGHT.—The Corporation shall 
have the exclusive right to use the name ‘American 
Air Navigation Services Corporation’. 
‘‘(3) ALTERNATIVE
NAME.—The Corporation 
may do business under a name other than the ‘Amer-
ican Air Navigation Services Corporation’ at its 
choosing. 
‘‘§ 90302. Transfer of air traffic services 
‘‘(a) IN GENERAL.—The Secretary shall transfer oper-
ational control over air traffic services within United States 
airspace and international airspace delegated to the United 
States to the Corporation on the date of transfer in a sys-
tematic and orderly manner that ensures continuity of safe 
air traffic services. 
‘‘(b) MANAGEMENT AND OPERATION OF AIR TRAFFIC 
SERVICES.—Subject to section 90501, including the per-
formance-based regulations and minimum safety standards 
prescribed under that section, the Corporation may estab-
lish and carry out plans for the management and operation 
of air traffic services within United States airspace and 
international airspace delegated to the United States. 
‘‘(c) ENTITIES AUTHORIZED TO PROVIDE AIR TRAF-
FIC SERVICES AFTER DATE OF TRANSFER.—After the date 
of transfer, no entity, other than the Corporation, is author-
ized or permitted to provide air traffic services within 
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United States airspace or international airspace delegated 
to the United States, except for— 
‘‘(1) the Department of Defense, as authorized by 
chapter 909; 
‘‘(2) entities to which the United States has dele-
gated certain air traffic services responsibilities; 
‘‘(3) entities with which the Corporation has 
contracted for the provision of air traffic services; and 
‘‘(4) entities authorized to operate an unmanned 
aircraft traffic management system or service pursu-
ant to section 45506 or 45507. 
‘‘§ 90303. Role of Secretary in transferring air traffic 
services to Corporation 
‘‘(a) IN GENERAL.—As appropriate, and except as oth-
erwise provided, the Secretary shall manage and execute the 
transfer of operational control over air traffic services pur-
suant to section 90302(a) and any related transition proc-
esses and procedures. 
‘‘(b) NONDELEGATION.—Except as otherwise provided, 
the Secretary may not delegate any of the authority or re-
quirements under this subtitle to the Administrator. 
‘‘§ 90304. Status and applicable laws 
‘‘(a) NON-FEDERAL ENTITY.—The Corporation is not 
a department, agency, or instrumentality of the United 
States Government, and is not subject to title 31. 
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‘‘(b) LIABILITY.—The United States Government shall 
not be liable for the actions or inactions of the Corporation. 
‘‘(c) NOT-FOR-PROFIT CORPORATION.—The Corpora-
tion shall maintain its status as a not-for-profit corpora-
tion exempt from taxation under the Internal Revenue Code 
of 1986. 
‘‘(d) NO FEDERAL GUARANTEE.—Any debt assumed 
by the Corporation shall not have an implied or explicit 
Federal guarantee. 
‘‘§ 90305. Nomination Panels for Board 
‘‘(a) IN GENERAL.—The Nomination Panels described 
in subsection (b) shall be responsible for nominating indi-
viduals to serve as Directors pursuant to section 90306. 
‘‘(b) NOMINATION PANELS.—The Nomination Panels 
shall be as follows: 
‘‘(1) PASSENGER
AIR
CARRIER
NOMINATION 
PANEL.—A Passenger Air Carrier Nomination Panel 
composed of passenger air carrier representatives, 
with each air carrier with more than 30,000,000 an-
nual passenger enplanements designating 1 represent-
ative to the Panel. 
‘‘(2) CARGO AIR CARRIER NOMINATION PANEL.— 
A Cargo Air Carrier Nomination Panel composed of 
cargo air carrier representatives, with each all-cargo 
air carrier with more than 1,000,000 total annual en-
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planed cargo revenue tons designating 1 representa-
tive to the Panel. 
‘‘(3) 
REGIONAL
AIR
CARRIER
NOMINATION 
PANEL.—A Regional Air Carrier Nomination Panel 
composed of regional air carrier representatives, with 
each of the 3 largest regional air carriers, as meas-
ured by annual passenger enplanements, designating 
1 representative to the Panel. 
‘‘(4) GENERAL AVIATION NOMINATION PANEL.—A 
General Aviation Nomination Panel composed of 6 
representatives designated by the principal organiza-
tion representing noncommercial owners and rec-
reational operators of general aviation aircraft. 
‘‘(5) BUSINESS AVIATION NOMINATION PANEL.— 
A Business Aviation Nomination Panel composed 
of— 
‘‘(A) 2 representatives designated by the 
principal organization representing owners, op-
erators, and users of general aviation aircraft 
used exclusively in furtherance of business enter-
prises; 
‘‘(B) 2 representatives designated by the 
principal organization representing aviation-re-
lated businesses, including fixed-base operators; 
and 
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‘‘(C) 2 representatives designated by the 
principal organization representing aerospace 
manufacturers of general aviation aircraft and 
equipment. 
‘‘(6) AIR
TRAFFIC
CONTROLLER
NOMINATION 
PANEL.—An Air Traffic Controller Nomination Panel 
composed of 6 representatives designated by the larg-
est organization engaged in collective bargaining on 
behalf of air traffic controllers employed by the Cor-
poration. 
‘‘(7) AIRPORT NOMINATION PANEL.—An Airport 
Nomination Panel composed of— 
‘‘(A) 3 representatives designated by the 
principal organization representing commercial 
service airports; and 
‘‘(B) 3 representatives designated by the 
principal organization representing airport ex-
ecutives. 
‘‘(8) COMMERCIAL PILOT NOMINATION PANEL.— 
A Commercial Pilot Nomination Panel composed of 
commercial pilot representatives, with each organiza-
tion engaged in collective bargaining on behalf of air 
carrier pilots with more than 5,000 members desig-
nating 1 member to the Panel. 
‘‘(c) DETERMINATION OF ENTITIES.— 
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‘‘(1) BEFORE DATE OF TRANSFER.—Before the 
date of transfer, and not later than 30 days after the 
date of enactment of this subtitle, the Secretary shall 
determine the entities referred to in subsection (b). 
‘‘(2) AFTER DATE OF TRANSFER.—On and after 
the date of transfer, the Board shall determine the en-
tities referred to in subsection (b), in accordance with 
the bylaws of the Corporation. 
‘‘(3) STATISTICS.—In determining annual statis-
tics for purposes of this subsection, the Secretary and 
the Board shall utilize data published by the Depart-
ment of Transportation for the most recent calendar 
year. 
‘‘(4) LIMITATIONS.— 
‘‘(A) SINGLE DESIGNATION.—No entity de-
termined under this subsection may designate a 
representative to more than 1 Nomination Panel. 
‘‘(B) CARRIERS OWNED OR CONTROLLED BY 
SAME HOLDING COMPANY.—If 2 or more air car-
riers determined under this subsection are owned 
or controlled by the same holding company, only 
1 of those air carriers may designate a represent-
ative to a Nomination Panel. 
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‘‘(d) TERMS.—An individual on a Nomination Panel 
shall serve at the pleasure of the entity that the individual 
is representing. 
‘‘(e) QUALIFICATIONS.—Only an individual who is a 
citizen of the United States may be designated to a Nomina-
tion Panel. 
‘‘(f) PROHIBITIONS.—An individual may not serve on 
a Nomination Panel if the individual is— 
‘‘(1) an officer or employee of the Corporation; 
‘‘(2) a Member of Congress or an elected official 
serving in a State, local, or Tribal government; or 
‘‘(3) an officer or employee of the Federal Gov-
ernment or any State, local, or Tribal government. 
‘‘(g) LARGEST ORGANIZATION ENGAGED IN COLLEC-
TIVE BARGAINING ON BEHALF OF AIR TRAFFIC CONTROL-
LERS EMPLOYED BY THE CORPORATION DEFINED.—Before 
the date of transfer, in this section, the term ‘largest organi-
zation engaged in collective bargaining on behalf of air traf-
fic controllers employed by the Corporation’ means the larg-
est organization engaged in collective bargaining on behalf 
of air traffic controllers employed by the FAA. 
‘‘§ 90306. Board of Directors 
‘‘(a) AUTHORITY.—The powers of the Corporation 
shall be vested in a Board of Directors that governs the Cor-
poration. 
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‘‘(b) COMPOSITION OF BOARD.—The Board shall be 
composed of the following Directors: 
‘‘(1) The CEO. 
‘‘(2) 2 Directors appointed by the Secretary. 
‘‘(3) 1 Director nominated by the Passenger Air 
Carrier Nomination Panel. 
‘‘(4) 1 Director nominated by the Cargo Air Car-
rier Nomination Panel. 
‘‘(5) 1 Director nominated by the Regional Air 
Carrier Nomination Panel. 
‘‘(6) 1 Director nominated by the General Avia-
tion Nomination Panel. 
‘‘(7) 1 Director nominated by the Business Avia-
tion Nomination Panel. 
‘‘(8) 1 Director nominated by the Air Traffic 
Controller Nomination Panel. 
‘‘(9) 1 Director nominated by the Airport Nomi-
nation Panel. 
‘‘(10) 1 Director nominated by the Commercial 
Pilot Nomination Panel. 
‘‘(11) 2 Directors nominated and selected by the 
other Directors. 
‘‘(c) NOMINATIONS AND APPOINTMENTS.— 
‘‘(1) PRIOR TO DATE OF TRANSFER.— 
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‘‘(A) SUBMISSION OF NOMINATION LISTS.— 
Before the date of transfer, and not later than 60 
days after the date of enactment of this subtitle, 
each Nomination Panel shall submit to the Sec-
retary a list, chosen by consensus, of 4 individ-
uals nominated to be Directors. 
‘‘(B) APPOINTMENT AND SELECTION.—Not 
later than 30 days after the date on which the 
last nomination list is submitted under subpara-
graph (A), the Secretary shall— 
‘‘(i) appoint 2 individuals to be Direc-
tors under subsection (b)(2); and 
‘‘(ii) select, pursuant to subsection (b), 
the appropriate number of individuals to be 
Directors from each nomination list. 
‘‘(C) RESUBMISSION.—A Nomination Panel 
shall resubmit a list submitted under subpara-
graph (A), not later than 15 days after notifica-
tion by the Secretary of the need to resubmit the 
list, if the Secretary determines that an indi-
vidual on the list is— 
‘‘(i) not qualified to serve as a Director 
under section 90307; or 
‘‘(ii) otherwise not fit to serve as a Di-
rector. 
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‘‘(D) AT-LARGE
DIRECTORS.—Not later 
than 30 days after the Secretary appoints and 
selects the Directors pursuant to subparagraph 
(B), the Board shall nominate and select the ad-
ditional Directors under subsection (b)(11) by a 
two-thirds vote. 
‘‘(2) AFTER DATE OF TRANSFER.— 
‘‘(A) 
NOMINATION.—As 
appropriate, 
a 
Nomination Panel shall submit to the Board a 
list, chosen by consensus, of 4 individuals nomi-
nated to be Directors. 
‘‘(B) SELECTION.—The Board shall select, 
pursuant to subsection (b), the appropriate num-
ber of individuals to be Directors from a list sub-
mitted by a Nomination Panel. 
‘‘(C) RESUBMISSION.—A Nomination Panel 
shall resubmit a list submitted under subpara-
graph (A), not later than 15 days after notifica-
tion by the Board of the need to resubmit the 
list, if the Board determines that more than 1 
individual on the list is— 
‘‘(i) not qualified to serve as a Director 
under section 90307; or 
‘‘(ii) otherwise not fit to serve as a Di-
rector. 
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‘‘(D) AT-LARGE
DIRECTORS.—The Board 
shall nominate and select Directors under sub-
section (b)(11) in accordance with the bylaws of 
the Corporation. 
‘‘(E) APPOINTED DIRECTORS.—None of the 
Directors appointed by the Secretary under sub-
section (b)(2) shall be subject to approval by the 
Board. 
‘‘(d) CHAIRPERSON.—The Chairperson of the Board 
shall— 
‘‘(1) be selected from among the Directors (other 
than the CEO) by a majority vote of the Directors; 
and 
‘‘(2) subject to subsection (e), serve until replaced 
by a majority vote of the Directors. 
‘‘(e) TERMS.— 
‘‘(1) INITIAL TERMS.—The term of each Director 
appointed, or nominated and selected, before the date 
of transfer (other than the CEO) shall expire on the 
date that is 2 years after the date of transfer. 
‘‘(2) SUBSEQUENT
TERMS.—The term of each 
Director appointed, or nominated and selected, on or 
after the date of transfer (other than the CEO) shall 
be 4 years, except as provided by paragraph (3). 
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‘‘(3) STAGGERING.—The Board shall stagger the 
duration of the terms of the initial Directors ap-
pointed, or nominated and selected, after the date of 
transfer to promote the stability of the Board. 
‘‘(4) TERM LIMIT.—Except as provided by sub-
section (f)(3), a Director may not serve on the Board 
for more than 8 years. 
‘‘(f) VACANCIES.— 
‘‘(1) BEFORE DATE OF TRANSFER.—Before the 
date of transfer, a vacancy on the Board shall be 
filled in the manner in which the original appoint-
ment or selection was made. 
‘‘(2) AFTER DATE OF TRANSFER.—After the date 
of transfer, a vacancy on the Board shall be filled in 
the manner in which the original appointment was 
made (in the case of Directors appointed under sub-
section (b)(2)) or in the manner described under sub-
section (c)(2) (in the case of Directors nominated by 
Nomination Panels or the Board). 
‘‘(3) SERVICE
UNTIL
SUCCESSOR
TAKES
OF-
FICE.—A Director may serve after the expiration of 
the Director’s term until a successor has been ap-
pointed or nominated and selected. 
‘‘(g) MEETINGS AND QUORUM.— 
‘‘(1) MEETINGS.— 
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‘‘(A) IN GENERAL.—The Board shall meet 
at the call of the Chairperson (or as otherwise 
provided in the bylaws) and, at a minimum, on 
a quarterly basis. 
‘‘(B) INITIAL MEETING.—Not later than 90 
days after the date of enactment of this subtitle, 
the Board shall hold its initial meeting. 
‘‘(C) IN-PERSON
MEETING.—At least 1 
meeting of the Board each year shall be con-
ducted in person. 
‘‘(2) QUORUM.—A quorum of the Board, con-
sisting of a majority of the Directors then in office, 
shall be required to conduct any business of the 
Board. 
‘‘(3) APPROVAL OF BOARD ACTIONS.—Except as 
otherwise provided, the threshold for approving Board 
actions shall be as set forth in the bylaws. 
‘‘(h) REMOVAL OF DIRECTORS.—A Director may be re-
moved in accordance with section 90307(c) and the bylaws 
of the Corporation. 
‘‘§ 90307. Fiduciary duties and qualifications of Direc-
tors 
‘‘(a) FIDUCIARY DUTIES.—The fiduciary duties of a 
Director shall be solely and exclusively to the Corporation. 
‘‘(b) QUALIFICATIONS.— 
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‘‘(1) IN GENERAL.—Only a citizen of the United 
States may be appointed or nominated as a Director. 
‘‘(2) PROHIBITIONS.—An individual may not 
serve as a Director if the individual— 
‘‘(A) is an officer, agent, or employee of the 
Corporation (other than the CEO); 
‘‘(B) is, or has been within the preceding 2 
years, a Member of Congress; 
‘‘(C) is an elected official serving in a 
State, local, or Tribal government; 
‘‘(D) is an officer or employee of the Federal 
Government or any State, local, or Tribal gov-
ernment; 
‘‘(E) is a director, officer, trustee, agent, or 
employee of— 
‘‘(i) a bargaining agent that represents 
employees of the Corporation; 
‘‘(ii) an entity that has a material in-
terest as a supplier, client, or user of the 
Corporation’s services; or 
‘‘(iii) any of the entities determined 
under section 90305(c); 
‘‘(F) receives any form of compensation or 
material benefit from an entity that has a mate-
rial interest as a supplier, client, or user of the 
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Corporation’s services, excluding compensation 
from a defined benefit plan resulting from the 
individual’s past employment; or 
‘‘(G) has or holds any other fiduciary duty, 
legal obligation, office, employed position, or ma-
terial interest that would prevent the individual 
from satisfying the requirements of subsection (a) 
under the applicable laws of the State in which 
the Corporation is incorporated. 
‘‘(3) EXCEPTION.—Subparagraphs (C) and (D) 
of paragraph (2) shall not apply to an individual 
solely because the individual is an elected member of 
a school board or is employed by an institution of 
higher education (as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001)). 
‘‘(c) BREACH
OF FIDUCIARY DUTY
TO CORPORA-
TION.— 
‘‘(1) IN GENERAL.—The Board shall remove any 
Director who breaches a fiduciary duty to the Cor-
poration— 
‘‘(A) pursuant to procedures to be estab-
lished in the bylaws of the Corporation; and 
‘‘(B) not later than 30 days after deter-
mining that a breach has occurred. 
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‘‘(2) LIMITED PRIVATE RIGHT OF ACTION.—The 
Corporation shall have the exclusive right to seek in-
junctive or monetary relief (or both) against a Direc-
tor or former Director for a breach of a fiduciary 
duty to the Corporation. 
‘‘(d) PROHIBITION ON INDEMNIFICATION AND CERTAIN 
INSURANCE.—Notwithstanding section 90312 or any other 
provision of law, the Corporation shall neither indemnify 
nor procure insurance to indemnify any Director for liabil-
ity relating to a breach of a fiduciary duty to the Corpora-
tion. 
‘‘§ 90308. Bylaws and duties 
‘‘(a) IN GENERAL.—The Board shall adopt and amend 
the bylaws of the Corporation. 
‘‘(b) BYLAWS.—The bylaws of the Corporation shall 
include, at a minimum— 
‘‘(1) the duties and responsibilities of the Board 
(including those described in subsection (c)), officers, 
Advisory Board, and committees of the Corporation; 
and 
‘‘(2) the operational procedures of the Corpora-
tion. 
‘‘(c) DUTIES AND RESPONSIBILITIES OF BOARD.—The 
Board shall be responsible for actions of the Corporation, 
including— 
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‘‘(1) adoption of an annual budget; 
‘‘(2) approval of a strategic plan, including up-
dates thereto, and other plans supporting the strategy 
laid out in the strategic plan; 
‘‘(3) adoption of an annual action plan; 
‘‘(4) authorization of any form or instrument of 
indebtedness, including loans and bond issues; 
‘‘(5) assessment, modification, and collection of 
charges and fees for air traffic services in accordance 
with the standards described in section 90313; 
‘‘(6) hiring and supervision of the CEO; 
‘‘(7) establishment and maintenance of an ap-
propriately funded reserve fund; 
‘‘(8) adoption of a code of conduct and code of 
ethics for Directors, officers, agents, and employees of 
the Corporation; 
‘‘(9) establishment of a process for ensuring that 
the fiduciary duties of a Director are solely and ex-
clusively to the Corporation; 
‘‘(10) establishment of a process for the removal 
of a Director, including the removal of a Director for 
breach of a fiduciary duty to the Corporation; and 
‘‘(11) adoption of a process for filling vacancies 
on the Board. 
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‘‘§ 90309. Committees of Board; independent auditors 
‘‘(a) COMMITTEES OF BOARD.—The Board shall estab-
lish and maintain a Safety Committee, a Compensation 
Committee, a Technology Committee, and such other com-
mittees as the Board determines are necessary or appro-
priate to carry out the responsibilities of the Board effec-
tively. Such committees shall be composed solely of Direc-
tors. 
‘‘(b) INDEPENDENT AUDITORS.—The Board shall re-
tain independent auditors to conduct annual audits of the 
Corporation’s financial statements and internal controls. 
‘‘§ 90310. Advisory Board 
‘‘(a) ESTABLISHMENT.—There shall be an Advisory 
Board of the Corporation. 
‘‘(b) DUTIES.—The Advisory Board— 
‘‘(1) shall conduct such activities as the Board 
determines appropriate; 
‘‘(2) shall submit to the Board recommendations 
for Directors to be nominated and selected under sec-
tion 90306(b)(11); and 
‘‘(3) may, on its own initiative, study, report, 
and make recommendations to the Board on matters 
relating to the Corporation’s provision of air traffic 
services and associated safety considerations. 
‘‘(c) MEMBERSHIP.— 
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‘‘(1) NUMBER.—The Advisory Board shall con-
sist of not more than 15 individuals, who are citizens 
of the United States, representing interested entities. 
‘‘(2) REPRESENTATIVES.—The members of the 
Advisory Board shall include, at a minimum, rep-
resentatives of the following: 
‘‘(A) Air carriers. 
‘‘(B) General aviation. 
‘‘(C) Business aviation. 
‘‘(D) Commercial service airports. 
‘‘(E) Operators and manufacturers of com-
mercial unmanned aircraft systems. 
‘‘(F) Appropriate labor organizations. 
‘‘(G) The Department of Defense. 
‘‘(H) Small communities, including at least 
1 community primarily served by a nonhub air-
port. 
‘‘(d) STRUCTURE; TERMS.—The membership and 
structure of the Advisory Board, including the duration 
that individuals may serve on the Advisory Board, shall 
be determined by the Board in accordance with the bylaws 
of the Corporation. 
‘‘§ 90311. Officers and their responsibilities 
‘‘(a) CHIEF EXECUTIVE OFFICER.— 
‘‘(1) HIRING.— 
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‘‘(A) IN GENERAL.—The Corporation shall 
have a Chief Executive Officer, who shall be 
hired by the Board to manage the Corporation. 
‘‘(B) QUALIFICATIONS.—The CEO shall be 
an individual who— 
‘‘(i) is a citizen of the United States; 
‘‘(ii) satisfies the qualifications to serve 
as a Director under section 90307; and 
‘‘(iii) by reason of professional back-
ground and experience, is especially quali-
fied to manage the Corporation. 
‘‘(2) DUTIES.—The CEO shall— 
‘‘(A) be responsible for the management and 
direction of the Corporation, including its offi-
cers and employees, and for the exercise of all 
powers and responsibilities of the Corporation; 
‘‘(B) establish Corporation offices and de-
fine the responsibilities and duties of the offices, 
with full authority to organize the Corporation 
as required; and 
‘‘(C) designate an officer of the Corporation 
who is vested with the authority to act in the ca-
pacity of the CEO if the CEO is absent or inca-
pacitated. 
‘‘(3) SCOPE OF AUTHORITY.— 
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‘‘(A) IN GENERAL.—The CEO shall be sub-
ject to the policy guidance of the Board, report 
to the Board, and serve at the pleasure of the 
Board. 
‘‘(B) AUTHORITY
OF
BOARD.—The Board 
may modify or revoke actions of the CEO pursu-
ant to procedures set forth in the bylaws of the 
Corporation. 
‘‘(b) OTHER OFFICERS AND EMPLOYEES.— 
‘‘(1) IN GENERAL.—The CEO shall appoint such 
other officers and employees of the Corporation as the 
CEO determines appropriate. 
‘‘(2) CHIEF OPERATING OFFICER; CHIEF FINAN-
CIAL OFFICER.—An appointment of an individual as 
chief operating officer or chief financial officer by the 
CEO shall be subject to the approval of the Board. 
‘‘(3) DELEGATION
OF
FUNCTIONS.—The CEO 
may delegate to the other officers and employees of the 
Corporation any of the functions of the Corporation. 
‘‘(4) COMPENSATION.—Compensation for the 
CEO, chief operating officer, and chief financial offi-
cer shall be set by the Board. 
‘‘(c) INTERIM CEO.— 
‘‘(1) HIRING.—Not later than 60 days after the 
date of the Secretary’s appointment and selection of 
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Directors under section 90306(c)(1)(B), the Board 
shall hire an Interim Chief Executive Officer who 
meets the qualifications specified in subsection 
(a)(1)(B). 
‘‘(2) AUTHORITY AND TERM.— 
‘‘(A) 
AUTHORITY.—The 
Interim 
CEO 
shall— 
‘‘(i) exercise the same authority as the 
CEO, including serving on the Board; 
‘‘(ii) carry out the same duties as the 
CEO; and 
‘‘(iii) be subject to the same prohibi-
tions and limitations as the CEO. 
‘‘(B) TERM.—The Interim CEO shall serve 
until the Board hires a CEO. 
‘‘(3) STATUTORY
CONSTRUCTION.—Nothing in 
this subsection may be construed to restrict the ability 
of the Board to hire the individual serving as the In-
terim CEO to be the CEO. 
‘‘§ 90312. Authority of Corporation 
‘‘(a) GENERAL AUTHORITY.—Except as otherwise pro-
vided in this subtitle, the Corporation— 
‘‘(1) shall have perpetual succession in its cor-
porate name unless dissolved by law; 
‘‘(2) may adopt and use a corporate seal; 
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‘‘(3) may own, lease, use, improve, and dispose 
of such property as the Corporation considers nec-
essary to carry out the purposes of the Corporation; 
‘‘(4) may contract with other parties; 
‘‘(5) may sue or be sued; 
‘‘(6) may be held liable under civil and criminal 
law; 
‘‘(7) may indemnify the Directors, including the 
Interim CEO or CEO, and other officers, agents, and 
employees of the Corporation; and 
‘‘(8) shall have such other corporate powers as 
are necessary or appropriate to carry out the pur-
poses of this subtitle and of the Corporation. 
‘‘(b) LIMITATIONS.— 
‘‘(1) BUSINESS
ACTIVITIES.—The Corporation 
may only engage in business activities that are— 
‘‘(A) related to carrying out air traffic serv-
ices; or 
‘‘(B) ancillary or incidental to carrying out 
such services. 
‘‘(2) EQUITY
SHARES.—The Corporation may 
not issue or sell equity shares in the Corporation. 
‘‘§ 90313. Charges and fees for air traffic services 
‘‘(a) ASSESSMENT AND COLLECTION OF CHARGES AND 
FEES.—Beginning on the date of transfer, and subject to 
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this section and section 90502, the Corporation may assess 
and collect charges and fees from air traffic services users 
for air traffic services provided by the Corporation in 
United States airspace or international airspace delegated 
to the United States. 
‘‘(b) BOARD APPROVAL OF CHARGES AND FEES.—The 
Board shall— 
‘‘(1) approve a proposal for— 
‘‘(A) an initial schedule of charges and fees 
pursuant to subsection (g); and 
‘‘(B) any change in the charges or fees; 
‘‘(2) provide air traffic services users and other 
interested persons notice of a proposal approved 
under paragraph (1) in a manner and form pre-
scribed by the Secretary; and 
‘‘(3) submit a proposal approved under para-
graph (1) (other than a proposal to decrease a charge 
or fee) to the Secretary 90 days prior to the effective 
date of the proposal in a manner and form prescribed 
by the Secretary. 
‘‘(c) SECRETARIAL REVIEW.— 
‘‘(1) PUBLIC COMMENT.—Upon receiving a pro-
posal from the Corporation under subsection (b)(3), 
the Secretary shall solicit public comments on the 
proposal for a 30-day period. 
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‘‘(2) SECRETARIAL APPROVAL.— 
‘‘(A) IN GENERAL.—Not later than 15 days 
after the last day of the 30-day public comment 
period, the Secretary shall— 
‘‘(i) approve the proposal upon deter-
mining that the proposal complies with the 
standards in subsection (d); or 
‘‘(ii) disapprove the proposal upon de-
termining that the proposal does not comply 
with the standards in subsection (d). 
‘‘(B) EFFECTIVENESS OF PROPOSAL.—If the 
Secretary does not issue a timely decision pursu-
ant to subparagraph (A), the proposal shall be 
deemed approved. 
‘‘(d) STANDARDS.—The Secretary shall apply the fol-
lowing standards in reviewing a proposal from the Cor-
poration under subsection (c): 
‘‘(1) The amount or type of charges and fees 
paid by an air traffic services user may not— 
‘‘(A) be determinant of the air traffic serv-
ices provided to the user; or 
‘‘(B) adversely impact the ability of the user 
to use or access any part of the national airspace 
system. 
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‘‘(2) Charges and fees shall be consistent with the 
document titled ‘ICAO’s Policies on Charges for Air-
ports and Air Navigation Services’, Ninth Edition, 
2012. 
‘‘(3) Charges and fees may not be discrimina-
tory. 
‘‘(4) Charges and fees shall be consistent with 
United States international obligations. 
‘‘(5) Certain categories of air traffic services 
users may be charged on a flat fee basis so long as 
the charge or fee is otherwise consistent with this sub-
section. 
‘‘(6) Charges and fees may not be imposed for 
air traffic services provided with respect to operations 
of aircraft that qualify as public aircraft under sec-
tions 40102(a) and 40125. 
‘‘(7) Charges and fees may not be imposed for 
air traffic services provided with respect to aircraft 
operations conducted pursuant to part 91, 133, 135, 
136, or 137 of title 14, Code of Federal Regulations. 
‘‘(8) Charges and fees may not be structured such 
that air traffic services users have incentives to oper-
ate in ways that diminish safety to avoid the charges 
and fees. 
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‘‘(9) Charges and fees, based on reasonable and 
financially sound projections, may not generate reve-
nues exceeding the Corporation’s current and antici-
pated financial requirements in relation to the provi-
sion of air traffic services. 
‘‘(e) CORPORATION’S FINANCIAL REQUIREMENTS.—In 
determining whether a proposal received from the Corpora-
tion under subsection (b) would generate revenues in com-
pliance with subsection (d)(9), the Secretary shall consider 
costs and other liabilities of the Corporation, including— 
‘‘(1) costs incurred before the date of transfer; 
‘‘(2) operations and maintenance costs; 
‘‘(3) management and administrative costs; 
‘‘(4) depreciation costs; 
‘‘(5) interest costs and other expenses related to 
debt servicing; 
‘‘(6) cash reserves or other requirements needed 
to maintain credit ratings or comply with debt cov-
enants; and 
‘‘(7) any tax liability. 
‘‘(f) PAYMENT OF CHARGES AND FEES.— 
‘‘(1) IN GENERAL.—An air traffic services user 
shall pay a charge or fee assessed by the Corporation 
under subsection (a) for services rendered and any in-
terest and penalties assessed under paragraph (2). 
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‘‘(2) LATE PAYMENT OR NONPAYMENT.—The Cor-
poration may assess and collect interest and penalties 
for late payment or nonpayment of a charge or fee as-
sessed by the Corporation under subsection (a). 
‘‘(3) PRIVATE RIGHT OF ACTION.—The Corpora-
tion may file suit in any district court of the United 
States having jurisdiction over the parties, without 
respect to the amount in controversy and without re-
gard to the citizenship of the parties, to enforce this 
subsection not later than 2 years after the date on 
which a claim accrues. A claim accrues, under this 
paragraph, upon the rendering of the relevant air 
traffic services by the Corporation. 
‘‘(g) INITIAL SCHEDULE.—Notwithstanding subsection 
(b)(3), the Corporation shall propose an initial schedule of 
charges and fees at least 180 days before the date of transfer. 
‘‘(h) AIRCRAFT OPERATION DEFINED.—In this section, 
the term ‘aircraft operation’ means the movement of an air-
craft beginning with the take-off of the aircraft and ending 
with the landing of the aircraft. 
‘‘§ 90314. Preemption of authority over air traffic serv-
ices 
‘‘(a) STATE DEFINED.—In this section, the term 
‘State’ means a State, the District of Columbia, and a terri-
tory or possession of the United States. 
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‘‘(b) PREEMPTION.—A State, political subdivision of 
a State, or political authority of at least 2 States may not 
enact or enforce a law, regulation, or other provision having 
the force and effect of law related to air traffic services. 
‘‘(c) AIRPORT OWNER OR OPERATOR.—Subsection (b) 
may not be construed to limit a State, political subdivision 
of a State, or political authority of at least 2 States that 
owns or operates a landing area from carrying out its pro-
prietary powers and rights over the landing area. 
‘‘§ 90315. Actions by and against Corporation 
‘‘(a) JURISDICTION
FOR
LEGAL
ACTIONS
GEN-
ERALLY.— 
‘‘(1) JURISDICTION OF UNITED STATES DISTRICT 
COURTS.—The United States district courts shall have 
original jurisdiction over all actions brought by or 
against the Corporation, except as otherwise provided 
in this subtitle. 
‘‘(2) REMOVAL OF ACTIONS IN STATE COURTS.— 
Any action brought in a State court to which the Cor-
poration is a party shall be removed to the appro-
priate United States district court under the provi-
sions of chapter 89 of title 28. 
‘‘(b) TESTIMONY OF CORPORATION EMPLOYEES.— 
‘‘(1) IN GENERAL.—Except with the consent of 
the chief legal officer of the Corporation, employees of 
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the Corporation may not provide expert opinion or 
expert testimony in civil litigation related to the Cor-
poration. 
‘‘(2) EXCEPTIONS.—The Corporation may pre-
scribe the circumstances, if any, under which employ-
ees of the Corporation may provide expert opinion or 
expert testimony in civil litigation related to the Cor-
poration. 
‘‘§ 90316. Transfer of Federal personnel to Corpora-
tion 
‘‘(a) TRANSFER OF FAA EMPLOYEES TO CORPORA-
TION.— 
‘‘(1) PROCESS.—Not later than 180 days after 
the date of enactment of this subtitle, the Secretary, 
after meeting and conferring with the CEO and rep-
resentatives of the labor organizations recognized 
under section 7111 of title 5 as exclusive representa-
tives of FAA employees, shall commence a process to 
determine, consistent with the purposes of this sub-
title, which activities and employees, or categories of 
employees, of the FAA shall be transferred to the Cor-
poration on or before the date of transfer. 
‘‘(2) DETERMINATION; 
TRANSFER.—The Sec-
retary shall— 
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‘‘(A) not later than 180 days prior to the 
date of transfer, complete the determination of 
which activities, employees, or categories of em-
ployees shall be transferred to the Corporation 
under paragraph (1); 
‘‘(B) upon completing the determination, 
notify the CEO, the labor organizations recog-
nized under section 7111 of title 5 as exclusive 
representatives of FAA employees, and all af-
fected employees of such determination; and 
‘‘(C) on or before the date of transfer, trans-
fer such activities, employees, or categories of em-
ployees. 
‘‘(b) SUBSEQUENT TRANSFER OF EMPLOYEES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) TRANSFERS FROM FAA TO CORPORA-
TION.—During the 180-day period beginning on 
the date of transfer, the Secretary, after meeting 
and conferring with the CEO and representatives 
of the certified labor organizations recognized 
under section 91105 and labor organizations rec-
ognized under section 7111 of title 5 as exclusive 
representatives of FAA employees, may transfer 
an employee from the FAA to the Corporation if 
the Secretary, after meeting and conferring with 
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the CEO and the representatives, finds that the 
determination with respect to the employee under 
subsection (a) was inconsistent with the purposes 
of this subtitle. 
‘‘(B) TRANSFERS
FROM
CORPORATION
TO 
FAA.—During the 180-day period beginning on 
the date of transfer, the Secretary, after meeting 
and conferring with the CEO and representatives 
of the certified labor organizations recognized 
under section 91105 and labor organizations rec-
ognized under section 7111 of title 5 as exclusive 
representatives of FAA employees, may transfer 
an employee from the Corporation to the FAA if 
the Secretary, after the consultation with the 
CEO and the representatives, finds that the de-
termination with respect to the employee under 
subsection (a) was inconsistent with the purposes 
of this subtitle. 
‘‘(2) REEMPLOYMENT
OF
FEDERAL
EMPLOY-
EES.—An employee transferred from the Corporation 
to the FAA under this subsection shall be entitled to 
the same rights and benefits, and reemployment, in 
the same manner as if covered by section 3582 of title 
5 notwithstanding section 8347(o), 8713, or 8914 of 
such title. 
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‘‘(3) ELECTION OF BENEFITS FOR EMPLOYEES 
SUBJECT TO DELAYED TRANSFER TO CORPORATION.— 
In the case of an employee of the FAA transferred to 
the Corporation under this subsection, such employee 
shall be afforded the opportunity to make the election 
provided under section 91102(b) with respect to bene-
fits. 
‘‘(c) CORPORATION EMPLOYEE BENEFITS.—At least 
180 days before the date of transfer, the Corporation shall 
establish a compensation and benefits program for— 
‘‘(1) employees hired by the Corporation after the 
date of transfer; and 
‘‘(2) employees that make the election under sec-
tion 91102(b)(1)(A)(ii). 
‘‘(d) PROTECTIONS
FOR EMPLOYEES NOT TRANS-
FERRED TO CORPORATION.—For those employees of the 
FAA directly involved in the operation of air traffic services 
who are not transferred to the Corporation pursuant to sub-
section (a) or who transferred back to the FAA pursuant 
to subsection (b), the Secretary shall provide to such em-
ployees compensation and benefits consistent with the ap-
plicable collective-bargaining agreement that are not less 
than the level of compensation and benefits provided to such 
FAA employees prior to the date of transfer unless mutually 
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agreed to by the FAA and representatives of the certified 
labor organization. 
‘‘(e) SUITABILITY, CLEARANCES, AND MEDICAL QUALI-
FICATIONS.—All federally issued or federally required cre-
dentials, certificates, clearances, medical qualifications, ac-
cess rights, substance testing results, and any other Federal 
permissions or approvals held by any employee of the FAA 
in the operation of air traffic services that are valid and 
effective on the day prior to the date of transfer shall re-
main valid and effective after the date of transfer— 
‘‘(1) unless revoked for cause; or 
‘‘(2) until equivalent or substantially equivalent 
credentials, certificates, clearances, medical qualifica-
tions, access rights, substance testing results, and any 
other Federal permissions or approvals have been 
issued to the employee on or after the date of transfer. 
‘‘(f) TRANSITION AGREEMENTS.— 
‘‘(1) BIPARTITE AGREEMENT.— 
‘‘(A) MEETINGS.—At least 180 days before 
the date of transfer, the Corporation shall meet 
with the labor organizations recognized under 
section 7111 of title 5 as exclusive representatives 
of FAA employees to resolve employment-related 
transition matters that affect employees rep-
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resented by those labor organizations and that 
are not otherwise covered under this section. 
‘‘(B) DUTY TO BARGAIN IN GOOD FAITH.— 
The Corporation and the labor organizations de-
scribed in subparagraph (A) (in this subsection 
referred to as the ‘parties’) shall be subject to the 
duty to bargain in good faith under chapter 911 
in any meetings pursuant to this paragraph. 
‘‘(C) DISPUTE RESOLUTION PROCEDURES.— 
If the parties fail to reach an agreement over the 
initial or subsequent employment-related transi-
tion issues not otherwise covered under this sec-
tion, the matters shall be subject to the dispute 
resolution procedures established under sub-
sections (a), (b), and (e) of section 91107. 
‘‘(2) TRIPARTITE AGREEMENT.— 
‘‘(A) MEETINGS.—At least 1 year before the 
date of transfer, the Corporation and the FAA 
shall meet with the labor organizations recog-
nized under section 7111 of title 5 as exclusive 
representatives of FAA employees to resolve tran-
sition matters related to the separation of air 
traffic services from the FAA pursuant to this 
subtitle that affect employees represented by those 
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labor organizations and that are not otherwise 
covered under this section. 
‘‘(B) DUTY TO BARGAIN IN GOOD FAITH.— 
To the extent applicable, the Corporation and the 
labor organizations described in subparagraph 
(A) shall be subject to the duty to bargain in 
good faith under chapter 911 in any meetings 
pursuant to this paragraph. 
‘‘(C) DISPUTE RESOLUTION PROCEDURES.— 
If the Corporation and the certified labor organi-
zations described in subparagraph (A) fail to 
reach an agreement over the initial or subsequent 
transition issues related to the separation of air 
traffic services from the FAA, not otherwise cov-
ered under this section, the matters shall be sub-
ject to the dispute resolution procedures estab-
lished under subsections (a), (b), and (e) of sec-
tion 91107. 
‘‘§ 90317. Transfer of facilities to Corporation 
‘‘(a) INVENTORY
OF FAA PROPERTY
AND FACILI-
TIES.—At least 1 year before the date of transfer, the Sec-
retary, in consultation with the CEO, shall identify the li-
censes, patents, software rights, and real and personal prop-
erty, including air navigation facilities (as defined in sec-
tion 40102(a)) of the United States under FAA jurisdiction, 
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that are necessary and appropriate for the Corporation to 
carry out the air traffic services transferred to the Corpora-
tion under this subtitle. 
‘‘(b) TRANSFER OF FEDERAL PROPERTY.— 
‘‘(1) CONVEYANCE OF PROPERTY TO CORPORA-
TION.—On the date of transfer, the Secretary shall 
convey, without charge, all right, title, and interest of 
the United States in, and the use, possession, and 
control of, properties identified under subsection (a). 
‘‘(2) SALE
OF
PROPERTY
BY
CORPORATION 
AFTER DATE OF TRANSFER.—If the Corporation sells 
any of the property conveyed to the Corporation 
under paragraph (1), the Corporation shall use the 
proceeds received from the sale of such property for 
the acquisition or improvement of air navigation fa-
cilities or other capital assets. 
‘‘(3) REVERSIONARY
INTEREST.—Any convey-
ance of real property under this section located at an 
FAA technical facility shall be subject to the condition 
that all right, title, and interest in the real property 
shall revert to the United States and be placed under 
the administrative control of the Secretary if— 
‘‘(A) the Corporation determines the real 
property is no longer necessary to carry out the 
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air traffic services transferred to the Corporation 
under this subtitle; and 
‘‘(B) the Secretary determines the reversion 
is necessary to protect the interests of the United 
States. 
‘‘(4) SAFETY AIR TRAFFIC SERVICES EQUIPMENT 
IN REMOTE LOCATIONS.— 
‘‘(A) MAINTENANCE
BY
CORPORATION.— 
Any equipment identified pursuant to subsection 
(a) and conveyed to the Corporation pursuant to 
paragraph (1) that is located in a noncontiguous 
State of the United States and is critical to the 
safe provision of air traffic services in that State 
may not be sold and shall be maintained and, as 
determined necessary by the Corporation, up-
graded by the Corporation. 
‘‘(B) EQUIPMENT CRITICAL TO SAFE PROVI-
SION OF AIR TRAFFIC SERVICES.—For purposes 
of this paragraph, equipment critical to the safe 
provision of air traffic services includes GPS re-
ceivers, data link transceivers, ADS–B, multi- 
function displays, flight information services, 
moving map displays, terrain databases, airport 
lighting, and mountain pass cameras. 
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‘‘(c) CONSOLIDATION AND REALIGNMENT OF TRANS-
FERRED SERVICES AND FACILITIES.— 
‘‘(1) IN GENERAL.—At least 180 days before the 
date of transfer, and subject to section 91107, the Cor-
poration, in consultation with representatives of labor 
organizations representing operations and mainte-
nance employees of the air traffic control system, shall 
establish a process for the realignment and consolida-
tion of services and facilities to be transferred to the 
Corporation from the FAA. 
‘‘(2) MORATORIUM.—Except as otherwise pro-
vided, there shall be a moratorium on any effort by 
the Administrator or the Corporation to consolidate 
or realign air traffic services or facilities until the 
process required by paragraph (1) is established. 
‘‘§ 90318. Approval of transferred air navigation fa-
cilities and other equipment 
‘‘On the date of transfer, the Corporation is authorized 
to operate all air navigation facilities and other equipment 
conveyed pursuant to section 90317 without additional ap-
proval or certification by the Secretary. 
‘‘§ 90319. Use of spectrum systems and data 
‘‘Beginning on the date of transfer, the Secretary shall 
provide the Corporation with such access to the spectrum 
systems used by the FAA before the date of transfer to pro-
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vide air traffic services, and any successor spectrum sys-
tems, and to the data from such systems, as is necessary 
to enable the Corporation to provide air traffic services 
under this subtitle. 
‘‘§ 90320. Transition plan 
‘‘(a) TRANSITION TEAM.—Not later than 120 days 
after the date of enactment of this subtitle, the Secretary, 
after meeting and conferring with the CEO or Interim 
CEO, shall establish a transition team to develop, consistent 
with this subtitle, a transition plan to be reviewed by the 
Secretary and, if approved, utilized by the Department of 
Transportation during the period in which air traffic serv-
ices are transferred from the FAA to the Corporation. 
‘‘(b) MEMBERSHIP.—The transition team shall consist 
of 12 individuals, who are citizens of the United States, 
as follows: 
‘‘(1) 5 representatives appointed by the Sec-
retary, including— 
‘‘(A) the Deputy Administrator of the FAA; 
‘‘(B) the Director of the FAA Mike 
Monroney Aeronautical Center; 
‘‘(C) the Director of the FAA William J. 
Hughes Technical Center; and 
‘‘(D) 2 representatives from the Office of 
Management and Budget, appointed with the 
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concurrence of the Director of the Office of Man-
agement and Budget. 
‘‘(2) 1 representative appointed by the exclusive 
bargaining representative of air traffic controllers cer-
tified under section 7111 of title 5. 
‘‘(3) 1 representative appointed by the exclusive 
bargaining representative for airway transportation 
systems specialists in the Air Traffic Organization 
technical operations services certified under section 
7111 of title 5. 
‘‘(4) 5 representatives appointed by the CEO. 
‘‘(c) TRANSITION PLAN.— 
‘‘(1) IN GENERAL.—Not later than 45 days after 
the establishment of the transition team, the transi-
tion team shall develop and submit to the Secretary 
an executable transition plan. 
‘‘(2) CONTENTS.—The transition plan shall set 
forth a plan for the Secretary, in consultation with 
the CEO or Interim CEO, to— 
‘‘(A) identify property, facilities, equip-
ment, and obligations, contractual or otherwise, 
related to the provision of air traffic services; 
and 
‘‘(B) safely and efficiently transfer Federal 
personnel, property, facilities, equipment, and 
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obligations, contractual and otherwise, related to 
the provision of air traffic services to the Cor-
poration on or before the date of transfer. 
‘‘(d) SECRETARIAL REVIEW.— 
‘‘(1) IN GENERAL.—Not later than 30 days after 
receipt of the transition plan, the Secretary shall re-
view and, if appropriate, approve the plan. 
‘‘(2) DISAPPROVAL.—If the Secretary does not 
approve a submitted transition plan, the transition 
team shall revise the plan and resubmit it to the Sec-
retary not later than 30 days after receiving notice of 
the disapproval by the Secretary. 
‘‘(e) TERMINATION.—The transition team shall termi-
nate upon approval of a transition plan by the Secretary. 
‘‘CHAPTER 905—REGULATION OF AIR 
TRAFFIC SERVICES PROVIDER 
‘‘Sec. 
‘‘90501. Safety oversight and regulation of Corporation. 
‘‘90502. Resolution of disputes concerning air traffic services charges and fees. 
‘‘90503. International agreements and activities. 
‘‘90504. Availability of safety information. 
‘‘90505. Reporting of safety violations to FAA. 
‘‘90506. Insurance requirements. 
‘‘§ 90501. Safety oversight and regulation of Corpora-
tion 
‘‘(a) PERFORMANCE-BASED REGULATIONS AND MIN-
IMUM SAFETY STANDARDS.—After consultation with the 
Corporation and the FAA’s certified bargaining representa-
tives and before the date of transfer, the Secretary shall— 
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‘‘(1) prescribe performance-based regulations and 
minimum safety standards for the operation of air 
traffic services by the Corporation; 
‘‘(2) prescribe performance-based regulations and 
minimum safety standards for the certification and 
operation of air navigation facilities (other than fa-
cilities that may be operated without additional ap-
proval or certification pursuant to section 90318); 
and 
‘‘(3) identify policies and other administrative 
materials of the FAA in effect before the date of trans-
fer for providing air traffic services that will apply 
to the Corporation. 
‘‘(b) SAFETY MANAGEMENT SYSTEM.— 
‘‘(1) IN GENERAL.—The regulations and stand-
ards prescribed pursuant to subsection (a) shall in-
clude a safety management system for air traffic serv-
ices provided by the Corporation. 
‘‘(2) FOUNDATION.—The safety management sys-
tem shall be based on the safety management system 
used by the Air Traffic Organization of the FAA be-
fore the date of transfer. 
‘‘(3) USE BY CORPORATION.—Beginning on the 
date of transfer, the Corporation shall use the safety 
management system, including any changes thereto, 
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100 
when assessing and managing risks in all procedures, 
processes, and practices necessary to provide air traf-
fic services. 
‘‘(4) FAA OVERSIGHT.—To the maximum extent 
practicable, for at least 2 years after the date of 
transfer, the Air Traffic Safety Oversight Service of 
the FAA shall employ the same oversight processes 
and procedures in use before the date of transfer. 
‘‘(c) PROPOSALS TO MODIFY AIR TRAFFIC MANAGE-
MENT PROCEDURES, ASSIGNMENTS, AND CLASSIFICATIONS 
OF AIRSPACE.— 
‘‘(1) SUBMISSION
OF
PROPOSALS
TO
SEC-
RETARY.—The Corporation or another interested 
party may submit to the Secretary a proposal to 
modify— 
‘‘(A) air traffic management procedures, as-
signments, classifications of airspace, or other 
actions affecting airspace access that are devel-
oped pursuant to the safety management system; 
and 
‘‘(B) FAA policies and other administrative 
materials identified under subsection (a)(2). 
‘‘(2) REVIEW AND APPROVAL OF PROPOSALS.— 
The regulations and standards prescribed under sub-
section (a)(1) shall include a process for expedited re-
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101 
view and approval of a proposal received under para-
graph (1). 
‘‘(3) STANDARD FOR APPROVAL.—The Secretary 
shall approve a proposal received under paragraph 
(1) if the Secretary determines that the proposal com-
plies with the regulations and standards prescribed 
under subsection (a)(1) and is otherwise consistent 
with the public interest, including that the proposal 
would not materially reduce access to a public-use 
airport. 
‘‘(4) APPROVALS AND DISAPPROVALS.— 
‘‘(A) IN GENERAL.—During the 45-day pe-
riod beginning on the date of receipt of a pro-
posal under paragraph (1), the Secretary shall 
approve or disapprove the proposal. 
‘‘(B) WRITTEN EXPLANATION.—If the Sec-
retary disapproves the proposal, the Secretary 
shall provide— 
‘‘(i) a written explanation of the Sec-
retary’s decision, including— 
‘‘(I) any instances of inconsist-
ency with the regulations and stand-
ards 
prescribed 
under 
subsection 
(a)(1); and 
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102 
‘‘(II) any other information that 
formed the basis for the Secretary’s de-
cision; and 
‘‘(ii) a description of any modifica-
tions to the proposal that are necessary to 
obtain approval. 
‘‘(5) FAILURE TO ACT.—If the Secretary fails to 
act on a proposal received under paragraph (1) dur-
ing the 45-day period described in paragraph (4)(A), 
the Corporation or other party making the proposal 
shall be entitled to a writ of mandamus in a Federal 
district court with venue. 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any decision made by the 
Secretary to approve or disapprove a proposal re-
ceived under subsection (c)(1) shall be subject to judi-
cial review pursuant to subsections (a), (b), (d), and 
(e) of section 46110. 
‘‘(2) STANDARD OF REVIEW.— 
‘‘(A) DISAPPROVALS.—In the case of a peti-
tion filed under section 46110(a) to review a de-
cision of the Secretary that disapproves a pro-
posal received from the Corporation under sub-
section (c)(1), the court shall, without deference 
to the Secretary’s determination, review de novo 
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103 
the record to determine if the Secretary’s deter-
mination is consistent with the regulations and 
standards prescribed under subsection (a)(1). 
‘‘(B) APPROVALS.—In the case of a petition 
filed under section 46110(a) to review a decision 
of the Secretary that approves a proposal re-
ceived from the Corporation under subsection 
(c)(1), the court may overturn the approval only 
upon a finding of clear error or an abuse of dis-
cretion. 
‘‘(e) COMPILATION.— 
‘‘(1) ESTABLISHMENT.—The Corporation shall 
establish and maintain a compilation of the policies 
and other materials identified under subsection 
(a)(2). 
‘‘(2) UPDATES.—The Corporation shall update 
the compilation each time a proposal described in 
subsection (c)(1)(B) is approved. 
‘‘(3) PUBLICATION.—The Corporation shall make 
the compilation available to the public. 
‘‘(f) SPECIAL RULES
FOR PROPOSALS AFFECTING 
CERTAIN AIRSPACE.—The regulations and standards pre-
scribed under subsection (a)(1) shall include procedures (in-
cluding advance submission of necessary supporting data, 
analysis, and documentation) for the Secretary to evaluate, 
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at least 180 days before its submission under subsection 
(c)(1), a proposal for an airspace change that would affect 
airspace that is— 
‘‘(1) within an area designated as a ‘Metroplex’ 
by the FAA as of March 30, 2017; 
‘‘(2) within an area subject to a major, large- 
scale airspace redesign project; or 
‘‘(3) adjacent to or containing special use air-
space. 
‘‘(g) EXEMPTED AIRSPACE ACTIONS.—The require-
ments of this section shall not apply to— 
‘‘(1) temporary airspace actions directed by the 
Administrator or Secretary; 
‘‘(2) airspace actions as described in section 
90904; or 
‘‘(3) certain emergency circumstances, as defined 
by the Secretary by regulation. 
‘‘(h) 
DELEGATION.—Notwithstanding 
section 
90303(b), and except for the process and procedures re-
quired by section 90703(b), the Secretary may delegate safe-
ty oversight functions to the Administrator. 
‘‘§ 90502. Resolution of disputes concerning air traffic 
services charges and fees 
‘‘(a) AUTHORITY TO REQUEST SECRETARY’S DETER-
MINATION.— 
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‘‘(1) IN GENERAL.—The Secretary shall issue a 
determination as to whether a charge or fee assessed 
by the Corporation for the use of air traffic services 
in United States airspace or international airspace 
delegated to the United States is correct if a written 
complaint for such determination is filed with the 
Secretary by an air traffic services user not later 
than 60 days after the air traffic services user receives 
an assessment or invoice from the Corporation. 
‘‘(2) TREATMENT
OF
INTEREST
AND
PEN-
ALTIES.—In this section, the terms ‘charge’ and ‘fee’ 
include any interest and penalty relating thereto. 
‘‘(b) PROCEDURAL REGULATIONS.—At least 270 days 
before the date of transfer, the Secretary shall publish in 
the Federal Register final regulations, policy statements, or 
guidelines establishing the procedures for acting upon writ-
ten complaints filed under subsection (a)(1) and requests 
of the Corporation pursuant to subsection (e)(3). 
‘‘(c) DETERMINATION OF CORRECTNESS.—In deter-
mining under subsection (a)(1) whether a charge or fee is 
correct, the Secretary shall determine only if the charge or 
fee is consistent with approved charges or fees pursuant to 
section 90313. 
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‘‘(d) DECISIONS BY SECRETARY.—The final regula-
tions, policy statements, or guidelines required in subsection 
(b) shall provide for the following: 
‘‘(1) Not later than 90 days after an air traffic 
services user files with the Secretary a written com-
plaint relating to an assessed or invoiced air traffic 
services charge or fee, the Secretary shall issue a final 
order determining whether the charge or fee is correct. 
‘‘(2) Not later than 30 days after such complaint 
is filed with the Secretary, the Secretary shall dismiss 
the complaint if no significant dispute exists or shall 
assign the matter to an administrative law judge. 
Thereafter, the matter shall be handled in accordance 
with part 302 of title 14, Code of Federal Regula-
tions, or as modified by the Secretary, to ensure an 
orderly disposition of the matter within the 90-day 
period referred to in paragraph (1) and any specifi-
cally applicable provisions of this section. 
‘‘(3) The administrative law judge shall issue a 
recommended decision not later than 45 days after the 
complaint is assigned or within such shorter period 
as the Secretary may specify. 
‘‘(4) If the Secretary, upon the expiration of 90 
days after the filing of the complaint, has not issued 
a final order, the decision of the administrative law 
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judge shall be deemed to be the final order of the Sec-
retary. 
‘‘(5) Any party to the dispute may seek review 
of a final order of the Secretary under this subsection 
in the Circuit Court of Appeals for the District of Co-
lumbia Circuit or the court of appeals in the circuit 
with venue. 
‘‘(6) Any findings of fact in a final order of the 
Secretary under this subsection, if supported by sub-
stantial evidence, shall be conclusive if challenged in 
a court pursuant to this subsection. No objection to 
such a final order may be considered by the court un-
less objection was urged before an administrative law 
judge or the Secretary at a proceeding under this sub-
section or, if not so urged, unless there were reason-
able grounds for failure to do so. 
‘‘(e) PAYMENT UNDER PROTEST; GUARANTEE OF AIR 
TRAFFIC SERVICES USER ACCESS.— 
‘‘(1) PAYMENT UNDER PROTEST.— 
‘‘(A) IN GENERAL.—Any charge or fee that 
is the subject of a complaint that is not dis-
missed by the Secretary shall be paid by the 
complainant air traffic services user to the Cor-
poration under protest. 
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‘‘(B) REFERRAL OR CREDIT.—Any amounts 
paid under this subsection by a complainant air 
traffic services user to the Corporation under 
protest shall be subject to refund or credit to the 
air traffic services user in accordance with direc-
tions in the final order of the Secretary within 
30 days of such order. 
‘‘(C) TIMELY REPAYMENT.—In order to en-
sure the timely repayment, with interest, of 
amounts in dispute determined not to be correct 
by the Secretary, the Corporation shall obtain a 
letter of credit, or surety bond, or other suitable 
credit facility, equal to the amount in dispute 
that is due during the 90-day period referred to 
in subsection (d)(1), plus interest, unless the Cor-
poration and the air traffic services user agree 
otherwise. 
‘‘(D) DEADLINE.—The letter of credit, or 
surety bond, or other suitable credit facility shall 
be provided to the Secretary not later than 20 
days after the filing of the complaint and shall 
remain in effect for 30 days after the issuance of 
a timely final order by the Secretary deter-
mining whether such charge or fee is correct. 
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‘‘(2) GUARANTEE
OF
AIR
TRAFFIC
SERVICES 
USER ACCESS.—Contingent upon an air traffic serv-
ices user’s compliance with the requirements of para-
graph (1) and pending the issuance of a final order 
by the Secretary determining the correctness of a 
charge or fee that is the subject of a complaint filed 
under subsection (a)(1), the Corporation may not 
withhold air traffic services as a means of enforcing 
the charge or fee. 
‘‘(3) NONCOMPLIANCE.—Prior to the issuance of 
a final order by the Secretary determining the cor-
rectness of a charge or fee that is the subject of a com-
plaint filed under subsection (a)(1), if an air traffic 
services user does not comply with the requirements of 
paragraph (1), the Corporation shall withhold air 
traffic services from the user if the Corporation re-
quests and receives approval from the Secretary to 
withhold air traffic services. 
‘‘§ 90503. International agreements and activities 
‘‘(a) CONSISTENCY WITH INTERNATIONAL OBLIGA-
TIONS AND LAWS OF OTHER COUNTRIES.—The Corporation 
shall provide air traffic services under this subtitle in a 
manner that is consistent with any obligation assumed by 
the United States in a treaty, convention, or agreement that 
may be in force between the United States and a foreign 
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110 
country or foreign countries or between the United States 
and an international organization, and shall take into con-
sideration any applicable laws and requirements of foreign 
countries. 
‘‘(b) PROHIBITION.—The Corporation may not nego-
tiate on behalf of or otherwise represent the United States 
before any foreign government or international organiza-
tion. 
‘‘§ 90504. Availability of safety information 
‘‘(a) SAFETY INFORMATION.—The Corporation shall 
make available to air traffic services users and the public— 
‘‘(1) the same type of safety information made 
available by the FAA before the date of transfer; 
‘‘(2) any additional safety information needed 
by air traffic services users to operate safely; and 
‘‘(3) any updates or revisions to the safety infor-
mation referred to in paragraphs (1) and (2). 
‘‘(b) METEOROLOGICAL
SERVICES; AERONAUTICAL 
CHARTS.—The Corporation may provide for the dissemina-
tion of available aviation-related meteorological informa-
tion and aeronautical charts to air traffic services users. 
‘‘§ 90505. Reporting of safety violations to FAA 
‘‘(a) IN GENERAL.—In a manner, form, and process 
prescribed by the Administrator, the Corporation shall re-
port to the Administrator complaints or instances of— 
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‘‘(1) noncompliance with or deviations from air 
traffic control clearances or instructions; 
‘‘(2) noncompliant operations in controlled air-
space or special use airspace; and 
‘‘(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 entity. 
‘‘(c) STATUTORY CONSTRUCTION.—This section may 
not be construed to limit the authority of the Administrator 
to undertake enforcement actions upon the Administrator’s 
initiative. 
‘‘§ 90506. Insurance requirements 
‘‘The Corporation shall maintain adequate liability 
insurance policies and coverages, as determined by the Sec-
retary, including complete indemnification of employees of 
the Corporation for acts within the scope of employment. 
‘‘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. 
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‘‘90703. Contract tower service after date of transfer. 
‘‘90704. Availability of safety information to general aviation operators. 
‘‘90705. Special rules and appeals process for air traffic management procedures, 
assignments, and classifications of airspace. 
‘‘90706. Definitions. 
‘‘§ 90701. Access to airspace 
‘‘The Secretary shall take such actions as are necessary 
to ensure that an air traffic services user is not denied ac-
cess to airspace or air traffic services on the basis that the 
user is exempt from charges and fees under section 90313. 
‘‘§ 90702. Access to airports 
‘‘In carrying out section 90501(c)(3), the Secretary 
shall determine whether a proposal would materially reduce 
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 ensure 
that the Corporation assumes the contract and other obliga-
tions associated with the operation of an air traffic control 
tower that, prior to the date of transfer, was operated 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 operating 
under a contract with the Corporation and that, prior 
to the date of transfer, was operated under a contract 
with the Secretary pursuant to section 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 assess-
ment of the proposed contract tower closure; 
‘‘(ii) an assessment of the impact of the 
proposed closure on the operation of the na-
tional 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-
sure on military aviation readiness and 
training, homeland security aviation oper-
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114 
ations, emergency management and disaster 
aviation operations, and law enforcement 
aviation operations; and 
‘‘(v) any other safety or operational in-
formation 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 air-
port 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 section 
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 
loss of or material reduction in access to a public-use air-
port or adjacent airspace for any class, category, or type 
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115 
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 officer 
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 
airspace has been mitigated to the maximum extent 
practicable; and 
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‘‘(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 offi-
cer under subsection (c) shall be submitted in writing 
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 peti-
tion. 
‘‘(f) DECISIONAL STANDARDS.—In making a deter-
mination under this section, neither the Secretary nor the 
designated officer may consider any factor not directly ger-
mane to— 
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‘‘(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 subject 
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 peti-
tion filed under section 46110(a) to review a de-
termination 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 determina-
tion is in the public interest. 
‘‘(B) APPROVALS.—In the case of a petition 
filed under section 46110(a) to review a deter-
mination of the Secretary that approves a pro-
posal, the court may overturn the approval only 
upon a finding of clear error or an abuse of dis-
cretion. 
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118 
‘‘§ 90706. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) MATERIAL REDUCTION.—The term ‘mate-
rial reduction’ means, with respect to access to a pub-
lic-use airport, including a general aviation or rural 
airport, a materially diminished ability to safely op-
erate or navigate to or from the airport or adjacent 
airspace during a time of day, weather condition, 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 Housing 
Act of 1949 (42 U.S.C. 1490)). 
‘‘CHAPTER 909—CONTINUITY OF AIR TRAF-
FIC SERVICES TO DEPARTMENT OF DE-
FENSE 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. 
‘‘§ 90901. Continuity of air traffic services provided by 
Department of Defense 
‘‘After the date of transfer, the Department of Defense, 
as directed by the President, is authorized and permitted 
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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 estab-
lish processes, requirements, procedures, and regulations 
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 operation 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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‘‘§ 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 include 
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 Cor-
poration, the Department of Transportation, and each Fed-
eral department or agency supported by the FAA’s oper-
ation of air traffic services, including the Armed Forces, 
shall enter into a tripartite agreement to— 
‘‘(1) ensure cooperation between the Corporation 
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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‘‘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 Transportation or 
the FAA. 
‘‘(2) AIR TRAFFIC CONTROLLER.— 
‘‘(A) IN GENERAL.—The term ‘air traffic 
controller’ means an employee of the Corporation 
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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‘‘(B) LIMITATION.—Notwithstanding sub-
paragraph (A), the definition of ‘air traffic con-
troller’ for purposes of section 8336(e) of chapter 
83 of title 5 and section 8412(e) of chapter 84 
of such title shall mean only employees actively 
engaged in the separation of air traffic and the 
immediate supervisors of such employees, as set 
forth in section 8331(30) of such title, and sec-
tion 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 Rela-
tions Act, 1947 (29 U.S.C. 172). 
‘‘§ 91102. Employee management and benefits election 
‘‘(a) AUTHORITY OF CEO.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
by law, the CEO shall classify and fix the compensa-
tion and benefits of employees in the Corporation. 
‘‘(2) NEGOTIATIONS.—In developing, making 
changes to, and implementing wages, hours, and other 
terms and conditions of employment, including when 
establishing the compensation and benefits program 
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123 
under section 90316(c), the Corporation shall nego-
tiate with exclusive representatives recognized 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 sec-
tion 91105’ shall refer to labor organizations recog-
nized under section 7111 of title 5 as exclusive rep-
resentatives 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 trans-
fer, an employee transferring to the Corporation 
who will be subject to either the Civil Service Re-
tirement 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 referred to as ‘FERS’) 
on the day immediately preceding the date of 
transfer shall elect either to— 
‘‘(i) retain the employee’s coverage 
under either CSRS or FERS, as applicable, 
in lieu of coverage by the Corporation’s em-
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124 
ployee benefits system established under sec-
tion 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 em-
ployment 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 Corporation’s 
retirement system, consistent with applicable 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 become 
eligible for retirement benefits under the Cor-
poration’s employee benefits system established 
under section 90316(c) by making an election 
under subparagraph (A)(ii). 
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125 
‘‘(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 RETIREMENT 
AND DISABILITY FUND.—For employees of the Cor-
poration who elect to retain their coverage under ei-
ther CSRS or FERS pursuant to paragraph (1), the 
Corporation shall only be required to pay to the Civil 
Service Retirement and Disability Fund— 
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126 
‘‘(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 exceed 
2 percent of the amounts under subparagraph 
(A), as are determined necessary by the Office of 
Personnel Management to pay the cost of admin-
istering retirement benefits for employees who re-
tire from the Corporation after the date of trans-
fer under either CSRS or FERS, for their sur-
vivors, and for survivors of employees of the Cor-
poration who die after the date of transfer 
(which amounts shall be available to the Office 
of Personnel Management as provided 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). 
‘‘(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 
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of transfer shall have the option to receive health ben-
efits from a health benefit plan established by the Cor-
poration under section 90316(c) or to continue cov-
erage under FEHBP without interruption. 
‘‘(5) PAYMENTS TO EMPLOYEES HEALTH BENE-
FITS FUND.—For employees of the Corporation who 
elect to retain their coverage under FEHBP pursuant 
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 under para-
graph (5)(B) shall be equal to the amount of Govern-
ment contributions for retired employees who retire 
from the Corporation after the date of transfer under 
either CSRS or FERS, for survivors of such retired 
employees, and for survivors of employees of the Cor-
poration who die after the date of transfer, with said 
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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 pro-
visions of this chapter, any employee of the Corpora-
tion who was subject to the provisions of subchapter 
I of chapter 85 (concerning unemployment compensa-
tion) and chapters 87 (concerning life insurance), 
89A (concerning enhanced dental benefits), and 89B 
(concerning enhanced vision benefits) of title 5 shall 
have the option to continue coverage under such pro-
visions without interruption in lieu of applicable cov-
erage by the Corporation’s employee benefits system 
established under section 90316(c). The Corporation 
shall withhold from pay, and shall make contribu-
tions, under the provisions of title 5 referred to in this 
subsection at the same rates applicable 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, sub-
chapter I of chapter 81 of title 5 (concerning com-
pensation for work injuries). The Corporation shall 
make contributions to the Employees’ Compensation 
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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 officers 
and employees of the Corporation, whether accrued 
before or after the date of transfer, shall be obligations 
of the Corporation under the provisions of this chap-
ter. 
‘‘(11) WHISTLEBLOWER
PROTECTION.—Neither 
the Corporation, nor any officer or employee of the 
Corporation, may take any action described in sub-
section (b)(8), (b)(9), or (b)(13), or the final para-
graph of subsection (b), of section 2302 of title 5 (re-
lating 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-manage-
ment relations shall be subject to the provisions of chapter 
71 of title 5, provided that the obligation of the Corporation 
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and an exclusive bargaining representative 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 section 8(d) of the Act 
of July 5, 1935, as amended (29 U.S.C. 158(d)), and with-
out 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 necessary 
for the implementation of this chapter, the Corporation 
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 Corporation and 
to its officers and employees. 
‘‘(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 recognition 
under section 91105, and to such organizations’ officers, 
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 
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131 
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 collec-
tive 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-
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 
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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 certification 
of labor organizations for the employees of the Corporation 
and the Corporation shall accord exclusive recognition to 
and bargain collectively with a labor organization when the 
organization has been selected by a majority of the employ-
ees in an appropriate unit as their representative. 
‘‘(b) RECOGNITION
OF
EXCLUSIVE
REPRESENTA-
TIVE.—Notwithstanding subsection (a), each labor organi-
zation that, immediately before the date of transfer, was rec-
ognized 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 exclusive rep-
resentative for those employees of the Corporation in the 
same or similar bargaining unit unless another representa-
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133 
tive for a bargaining unit of employees is certified 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 representative, 
and all covered employees until altered or amended pursu-
ant to law. Any agreement, supplement, or arbitration 
award continued by this section is deemed to be an agree-
ment, 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.—Notwithstanding 
section 91103, sections 7106 and 7113 of title 5 shall not 
apply to this chapter. 
‘‘(e) CONTINUATION OF BARGAINING.—If an exclusive 
representative and the Agency are engaged in bargaining 
(whether concerning a collective-bargaining agreement, 
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134 
issues related to the transfer of functions and responsibil-
ities from the Agency to the Corporation, or otherwise) prior 
to the date of transfer, such bargaining shall continue be-
tween the exclusive representative and the Corporation, and 
the Corporation shall be bound by any commitments made 
during bargaining by the Agency. 
‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion may be construed to prohibit the waiving of hearings 
by stipulation for the purpose of a consent election in con-
formity with regulations and rules of decision of the Au-
thority. 
‘‘(g) LIMITATION.—Notwithstanding any other provi-
sion of this chapter or any provision of title 5, no bar-
gaining unit or part of a bargaining unit consisting of em-
ployees of the Corporation represented by a labor organiza-
tion pursuant to subsection (b) may be reviewed, rescinded, 
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 collective 
agreement entered into after the date of transfer that applies 
to those employees and that has resulted from collective bar-
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135 
gaining between such labor organization and the Corpora-
tion. 
‘‘(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 assess-
ments (not including fines and penalties) of the orga-
nization from the pay of all members of the organiza-
tion in the unit of recognition if the Corporation (or, 
before the date of transfer, the Agency) has received 
from each employee, on whose account such deduc-
tions are made, a written assignment which shall be 
irrevocable for a period of not more than 1 year. 
‘‘(3) CONTINUATION.—Any agreement described 
in subsection (c) that provides for deduction by the 
Agency of the regular and periodic dues, initiation 
fees, and assessments (not including fines and pen-
alties) 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 assumed by the 
Corporation. No such deduction may be made from 
the pay of any employee except on the employee’s 
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136 
written assignment, which shall be irrevocable 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 Cor-
poration and bargaining representatives shall be effective 
for not less than 2 years. 
‘‘(b) PROCEDURES.—Collective-bargaining agreements 
between the Corporation and bargaining representatives 
recognized under section 91105 may include procedures for 
resolution by the parties of grievances and adverse actions 
arising under the agreement, including procedures culmi-
nating in binding third-party arbitration, or the parties 
may adopt such procedures by mutual agreement in the 
event of a dispute. Such procedures shall be applicable to 
disputes arising under section 91109. 
‘‘(c) LIMITATION ON APPLICATION.—Notwithstanding 
section 91103, section 7121(c) of title 5 shall not apply to 
this chapter. 
‘‘(d) DISPUTE RESOLUTION PROCEDURES.—The Cor-
poration and bargaining representatives recognized under 
section 91105 may by mutual agreement adopt procedures 
for the resolution of disputes or impasses arising in the ne-
gotiation of a collective-bargaining agreement. 
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137 
‘‘§ 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 negotia-
tions, 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 sec-
tion 91106(d) of this chapter, the Corporation and the 
bargaining representative shall use the mediation 
services of the Service to attempt to reach such agree-
ment in accordance with part 1425 of title 29, Code 
of Federal Regulations (as in effect on the date of en-
actment of this subtitle). 
‘‘(2) MEDIATION PERIOD.—The mediation period 
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 
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of a term collective-bargaining agreement, the parties 
shall submit their issues in controversy to a private 
arbitration board consisting of 3 members. 
‘‘(2) APPOINTMENT OF ARBITRATION BOARD.— 
‘‘(A) PREPARATION OF LIST OF ARBITRA-
TORS.—The Director of the Service shall provide 
for the appointment of the 3 members of an arbi-
tration 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-
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 PAR-
TIES.—Not later than 10 days after receiving a 
list of names under subparagraph (A), the par-
ties shall each select one arbitrator. The arbitra-
tors selected by the parties do not need to be ar-
bitrators whose names appear on the list. 
‘‘(C) SELECTION OF THIRD ARBITRATOR.— 
Not later than 7 days after the date on which the 
2 arbitrators are selected by the parties under 
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subparagraph (B), the 2 arbitrators, 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 arbitra-
tors are unable to agree on the third person in 
7 days, the parties shall make the selection by al-
ternately striking names on the list prepared 
under subparagraph (A), beginning with the 
party chosen on a random basis, until one arbi-
trator remains. 
‘‘(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 sup-
port of their claims and an opportunity to present 
their case in person, by counsel, or by other represent-
ative 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 ar-
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bitration 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 evi-
dence presented by the parties. 
‘‘(7) COSTS.—The parties shall share costs of the 
arbitration equally. 
‘‘(c) RATIFICATION OF AGREEMENTS.—Upon reaching 
a voluntary agreement or at the conclusion of the binding 
arbitration under subsection (b), the final agreement, except 
for those matters decided by a private arbitration board, 
shall be— 
‘‘(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 ARBITRATORS.— 
If the mediation services of the Service under sub-
section (a) do not lead to the resolution of issues in 
controversy arising from the negotiation of a mid- 
term collective-bargaining agreement, the Director 
shall provide the parties a list of not fewer than 10 
names of arbitrators of nationwide reputation and 
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professional stature with at least 20 years of experi-
ence in labor-management arbitration and consider-
able experience in interest arbitration in major in-
dustries. 
‘‘(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-
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-
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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 Corporation, 
become binding on the Corporation. 
‘‘(b) EXISTING BINDING AGREEMENTS.—Any agree-
ment or supplement referred to in section 91105(c) is bind-
ing on— 
‘‘(1) the Corporation as if it were the employer 
referred to in such agreement or supplement; 
‘‘(2) the bargaining representative that is a 
party to the agreement or supplement; and 
‘‘(3) the employees of the Corporation in the bar-
gaining unit with respect to whom that bargaining 
representative has been certified. 
‘‘(c) JURISDICTION.—Subject to section 91103, the Au-
thority shall retain jurisdiction over all matters arising be-
fore 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 be-
fore the date of transfer with respect to any agreement or 
supplement referred to in section 91105(c) shall be contin-
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143 
ued as though the Corporation were the employer referred 
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) occurred 
before the date of transfer but the proceedings had not com-
menced 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 Corporation 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 Cor-
poration. 
‘‘(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 ar-
bitration process or to vacate or enforce an arbitra-
tion award. An arbitration award may only be va-
cated on the grounds, and pursuant to the standards, 
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144 
that would be applicable to an action to vacate an ar-
bitration award brought in the Federal courts under 
section 301 of the Labor Management Relations Act, 
1947 (29 U.S.C. 185). 
‘‘§ 91109. Prohibition on striking and other activities 
‘‘(a) IN GENERAL.—Employees of the Corporation are 
prohibited from— 
‘‘(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 terminated 
from employment with the Corporation. 
‘‘§ 91110. Legal action 
‘‘(a) IN GENERAL.—Consistent with the requirements 
of section 90315, actions to enforce the arbitration process 
or vacate or enforce an arbitral award under section 
91108(g)(2) between the Corporation and a labor organiza-
tion representing Corporation employees, or between 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 controversy. 
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‘‘(b) AUTHORIZED ACTS.—A labor organization recog-
nized under section 91105 and the Corporation shall be 
bound by the authorized acts of their agents. Any labor or-
ganization 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 
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 pur-
poses of actions and proceedings by or against labor organi-
zations in the district courts of the United States, district 
courts shall be deemed to have jurisdiction of a labor orga-
nization— 
‘‘(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 act-
ing 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. 
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146 
‘‘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 
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, termi-
nated, 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, registra-
tions, and privileges. 
‘‘(b) CONTINUED EFFECTIVENESS OF PENDING AC-
TIONS.— 
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‘‘(1) PENDING ACTIONS AND PROCEEDINGS.—The 
provisions of this subtitle shall not affect any pro-
ceedings of the Department of Transportation or the 
FAA pending on the date of transfer, including— 
‘‘(A) notices of proposed rulemaking related 
to activities of the FAA, without regard to 
whether the activities are transferred to the Cor-
poration; 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 there-
of, with respect to activities of the Department or 
the FAA, without regard to whether the activities 
are transferred to the Corporation. 
‘‘(2) EFFECT OF ORDERS.—Orders issued in any 
proceedings referred to in paragraph (1) shall con-
tinue in effect until modified, terminated, superseded, 
or revoked in accordance with law. Nothing in this 
subsection prohibits the discontinuance or modifica-
tion of any such proceeding under the same terms and 
conditions and to the same extent that such pro-
ceeding could have been discontinued or modified if 
this subtitle had not been enacted. 
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‘‘(c) CONTINUED EFFECTIVENESS OF ADMINISTRATIVE 
AND JUDICIAL ACTIONS.—No causes of action or actions by 
or against the Department of Transportation or the FAA 
arising from acts or omissions occurring before the date of 
transfer shall abate by reason of the enactment of this sub-
title. 
‘‘(d) SUBSTITUTION OR ADDITION OF PARTIES TO JU-
DICIAL ACTIONS.—Except as provided by subsection (e)(2), 
if, on the date of transfer, the Department of Transpor-
tation or the FAA, or any officer thereof in the officer’s ca-
pacity, is a party to an action and, under this subtitle, 
the performance of that activity of the Department, 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 subtitle 
on the date of transfer, including leases, permits, 
licenses, contracts, agreements, accounts receiv-
able, and accounts payable; and 
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‘‘(B) all claims and liabilities associated 
with the air traffic services transferred under 
this subtitle pending on the date of transfer. 
‘‘(2) CLAIMS AND ACTIONS THAT REMAIN LIABIL-
ITIES 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 transfer 
shall remain with the United States, including 
(without limitation) environmental and intellec-
tual property infringement claims. 
‘‘(C) OTHER CLAIMS AND LIABILITIES.—All 
other claims and liabilities arising out of the al-
leged acts or omissions of the United States be-
fore the date of transfer (including those arising 
under an agreement referred to in section 
91105(c)) whose remedy is financial or monetary 
in nature shall remain liabilities of the United 
States. 
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‘‘(D) ACCESS
OF
FEDERAL
REPRESENTA-
TIVES TO EMPLOYEES AND RECORDS.—The Sec-
retary shall ensure that, before the date of trans-
fer, the Corporation has agreed to allow rep-
resentatives of the Secretary and the Attorney 
General such access as they may require to em-
ployees 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 PRO-
VIDER 
‘‘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. 
‘‘91505. Submission of annual action plan. 
‘‘§ 91501. Inspector General reports to Congress on 
transition 
‘‘(a) IN GENERAL.—Before the date of transfer, the In-
spector 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 control of 
air traffic services under this subtitle. 
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‘‘(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-
spector General of the Department of Transportation to con-
duct oversight of the Department of Transportation’s inter-
actions with the Corporation after the date of transfer. 
‘‘§ 91502. State of air traffic services 
‘‘(a) REPORT.—Not later than 2 years after the date 
of transfer, and on or before March 31 of every second year 
beginning 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 sys-
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tem, including staffing and facilities realignment 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; 
‘‘(5) the cooperation and interaction of the Cor-
poration with the Department of Defense, the Depart-
ment of Transportation, the FAA, and other Federal 
departments and agencies, including any agreements 
between the Corporation and those departments and 
agencies; 
‘‘(6) compliance of the Corporation with United 
States obligations under international treaties and 
agreements; 
‘‘(7) compliance of the Corporation with Federal 
safety, environmental, corporate, and tax laws and 
regulations; 
‘‘(8) compliance of the Corporation with Federal 
laws related to employees of the Corporation; 
‘‘(9) follow-up on Inspector General and Govern-
ment Accountability Office audits, investigations, and 
reports involving the Corporation, including any rec-
ommendations included in such reports; 
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‘‘(10) compliance of the Corporation with other 
Federal requirements, including requirements relating 
to public disclosure, publication of fees, annual re-
porting, and establishment of the Advisory Board and 
other committees; 
‘‘(11) actions and activities of the CEO and 
Board and their adherence to their duties and respon-
sibilities; 
‘‘(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 res-
olution of fee disputes; 
‘‘(14) compliance of the Corporation with re-
quirements to report safety violations to the FAA, co-
operate with FAA investigations, and assist in FAA 
enforcement actions; 
‘‘(15) actions in times of emergencies and times 
of war; 
‘‘(16) progress made by the Corporation in im-
plementing system modernization efforts and ongoing 
capital investments, plans of the Corporation for next 
steps in implementing such efforts and investments, 
current efficiencies and benefits of previously imple-
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mented systems improvements, and current needs for 
improvement; and 
‘‘(17) 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 Cor-
poration shall publish a report on the activities of the 
Corporation during the prior year. 
‘‘(2) CONTENTS; AVAILABILITY.—The annual re-
port shall contain financial and operational perform-
ance information regarding the Corporation, as well 
as information on the compensation (including bo-
nuses and other financial incentives) of each Director, 
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 annual 
report required pursuant to subsection (a) is published— 
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‘‘(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 
‘‘(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 stra-
tegic plan to Congress. 
‘‘§ 91505. Submission of annual action plan 
‘‘(a) IN GENERAL.—The Corporation shall develop an 
annual report on the goals of the Corporation for the fol-
lowing year. 
‘‘(b) CONTENTS.—The report shall contain goals for 
the Corporation to meet that are specific, tangible, and ac-
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