filled in the manner in which the original appoint-
ment was made (in the case of Directors appointed 
under subsection (b)(2)) or in the manner described 
under subsection (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.— 
‘‘(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 sub-
title, 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. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
removed in accordance with section 90307(c) and the by-
laws 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.— 
‘‘(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 Fed-
eral Government or any State, local, or Tribal 
government; 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(E) is a director, officer, trustee, agent, 
or employee of— 
‘‘(i) a bargaining agent that rep-
resents 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 ma-
terial interest as a supplier, client, or user of 
the Corporation’s services, excluding compensa-
tion 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 
material interest that would prevent the indi-
vidual from satisfying the requirements of sub-
section (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 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
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 
Corporation— 
‘‘(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. 
‘‘(2) LIMITED
PRIVATE
RIGHT
OF
ACTION.— 
The Corporation shall have the exclusive right to 
seek injunctive or monetary relief (or both) against 
a Director or former Director for a breach of a fidu-
ciary duty to the Corporation. 
‘‘(d) PROHIBITION ON INDEMNIFICATION AND CER-
TAIN INSURANCE.—Notwithstanding section 90312 or any 
other provision of law, the Corporation shall neither in-
demnify nor procure insurance to indemnify any Director 
for liability relating to a breach of a fiduciary duty to the 
Corporation. 
‘‘§ 90308. Bylaws and duties 
‘‘(a) IN GENERAL.—The Board shall adopt and 
amend the bylaws of the Corporation. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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)), offi-
cers, Advisory Board, and committees of the Cor-
poration; and 
‘‘(2) the operational procedures of the Corpora-
tion. 
‘‘(c) DUTIES AND RESPONSIBILITIES OF BOARD.— 
The Board shall be responsible for actions of the Corpora-
tion, including— 
‘‘(1) adoption of an annual budget; 
‘‘(2) approval of a strategic plan, including up-
dates thereto, and other plans supporting the strat-
egy laid out in the strategic plan; 
‘‘(3) authorization of any form or instrument of 
indebtedness, including loans and bond issues; 
‘‘(4) assessment, modification, and collection of 
charges and fees for air traffic services in accord-
ance with the standards described in section 90313; 
‘‘(5) hiring and supervision of the CEO; 
‘‘(6) establishment and maintenance of an ap-
propriately funded reserve fund; 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(7) adoption of a code of conduct and code of 
ethics for Directors, officers, agents, and employees 
of the Corporation; 
‘‘(8) establishment of a process for ensuring 
that the fiduciary duties of a Director are solely and 
exclusively to the Corporation; 
‘‘(9) 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 
‘‘(10) adoption of a process for filling vacancies 
on the Board. 
‘‘§ 90309. Committees of Board; independent auditors 
‘‘(a) COMMITTEES OF BOARD.—The Board shall es-
tablish 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. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘§ 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 recommenda-
tions for Directors to be nominated and selected 
under section 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.— 
‘‘(1) NUMBER.—The Advisory Board shall con-
sist of not more than 15 individuals, who are citi-
zens 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. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(E) Operators and manufacturers of com-
mercial unmanned aircraft systems. 
‘‘(F) Appropriate labor organizations. 
‘‘(G) The Department of Defense. 
‘‘(H) Small communities. 
‘‘(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.— 
‘‘(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. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(2) DUTIES.—The CEO shall— 
‘‘(A) be responsible for the management 
and direction of the Corporation, including its 
officers and employees, and for the exercise of 
all powers and responsibilities of the Corpora-
tion; 
‘‘(B) establish Corporation offices and de-
fine the responsibilities and duties of the of-
fices, with full authority to organize the Cor-
poration as required; and 
‘‘(C) designate an officer of the Corpora-
tion who is vested with the authority to act in 
the capacity of the CEO if the CEO is absent 
or incapacitated. 
‘‘(3) SCOPE OF AUTHORITY.— 
‘‘(A) IN
GENERAL.—The CEO shall be 
subject to the policy guidance of the Board, re-
port 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 pur-
suant to procedures set forth in the bylaws of 
the Corporation. 
‘‘(b) OTHER OFFICERS AND EMPLOYEES.— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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
FI-
NANCIAL
OFFICER.—An appointment of an indi-
vidual as chief operating officer or chief financial of-
ficer 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 Corpora-
tion. 
‘‘(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 
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— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 abil-
ity of the Board to hire the individual serving as the 
Interim CEO to be the CEO. 
‘‘§ 90312. Authority of Corporation 
‘‘(a) GENERAL AUTHORITY.—Except as otherwise 
provided 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; 
‘‘(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; 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
services; 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 sub-
ject to 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 Cor-
poration in United States airspace or international air-
space delegated to the United States. 
‘‘(b) BOARD APPROVAL OF CHARGES AND FEES.— 
The Board shall— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(ii) disapprove the proposal upon de-
termining that the proposal does not com-
ply with the standards in subsection (d). 
‘‘(B) EFFECTIVENESS
OF
PROPOSAL.—If 
the Secretary does not issue a timely decision 
pursuant 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. 
‘‘(2) Charges and fees shall be consistent with 
the document titled ‘ICAO’s Policies on Charges for 
Airports and Air Navigation Services’, Ninth Edi-
tion, 2012. 
‘‘(3) Charges and fees may not be discrimina-
tory. 
‘‘(4) Charges and fees shall be consistent with 
United States international obligations. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
subsection. 
‘‘(6) Charges and fees may not be imposed for 
air traffic services provided with respect to oper-
ations of aircraft that qualify as public aircraft 
under sections 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 
operate in ways that diminish safety to avoid the 
charges and fees. 
‘‘(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 Cor-
poration under subsection (b) would generate revenues in 
compliance with subsection (d)(9), the Secretary shall con-
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
sider costs and other liabilities of the Corporation, includ-
ing— 
‘‘(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 Corpora-
tion under subsection (a) for services rendered and 
any interest and penalties assessed under paragraph 
(2). 
‘‘(2) LATE PAYMENT OR NONPAYMENT.—The 
Corporation may assess and collect interest and pen-
alties for late payment or nonpayment of a charge 
or fee assessed by the Corporation under subsection 
(a). 
‘‘(3) PRIVATE
RIGHT
OF
ACTION.—The Cor-
poration may file suit in any district court of the 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
United States having jurisdiction over the parties, 
without respect to the amount in controversy and 
without regard 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 rel-
evant air traffic services by the Corporation. 
‘‘(g) INITIAL
SCHEDULE.—Notwithstanding sub-
section (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 sec-
tion, the term ‘aircraft operation’ means the movement of 
an aircraft beginning with the take-off of the aircraft and 
ending with the landing of the aircraft. 
‘‘§ 90314. Preemption of authority over air traffic 
services 
‘‘(a) STATE DEFINED.—In this section, the term 
‘State’ means a State, the District of Columbia, and a ter-
ritory or possession of the United States. 
‘‘(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 hav-
ing the force and effect of law related to air traffic serv-
ices. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(c) AIRPORT OWNER OR OPERATOR.—Subsection 
(b) may not be construed to limit a State, political subdivi-
sion of a State, or political authority of at least 2 States 
that owns or operates a landing area from carrying out 
its proprietary 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
DIS-
TRICT 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 Corporation is a party shall be removed 
to the appropriate United States district court under 
the provisions 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 the Corporation may not provide expert opinion or 
expert testimony in civil litigation related to the Cor-
poration. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(2) EXCEPTIONS.—The Corporation may pre-
scribe the circumstances, if any, under which em-
ployees of the Corporation may provide expert opin-
ion or expert testimony in civil litigation related to 
the Corporation. 
‘‘§ 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 
Corporation on or before the date of transfer. 
‘‘(2) DETERMINATION; TRANSFER.—The Sec-
retary shall— 
‘‘(A) not later than 180 days prior to the 
date of transfer, complete the determination of 
which activities, employees, or categories of em-
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
to the employee under subsection (a) was incon-
sistent 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 meet-
ing and conferring with the CEO and represent-
atives of the certified labor organizations recog-
nized under section 91105 and labor organiza-
tions recognized 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 consulta-
tion with 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. 
‘‘(2) REEMPLOYMENT
OF
FEDERAL
EMPLOY-
EES.—An employee transferred from the Corpora-
tion to the FAA under this subsection shall be enti-
tled to the same rights and benefits, and reemploy-
ment, in the same manner as if covered by section 
3582 of title 5 notwithstanding section 8347(o), 
8713, or 8914 of such title. 
‘‘(3) ELECTION OF BENEFITS FOR EMPLOYEES 
SUBJECT
TO
DELAYED
TRANSFER
TO
CORPORA-
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
TION.—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 benefits. 
‘‘(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 
section 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 serv-
ices who are not transferred to the Corporation pursuant 
to subsection (a) or who transferred back to the FAA pur-
suant to subsection (b), the Secretary shall provide to such 
employees compensation and benefits consistent with the 
applicable 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 agreed to by the FAA and representatives of the 
certified labor organization. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(e) SUITABILITY, CLEARANCES, AND
MEDICAL 
QUALIFICATIONS.—All federally issued or federally re-
quired credentials, certificates, clearances, medical quali-
fications, access rights, substance testing results, and any 
other Federal permissions or approvals held by any em-
ployee 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 remain valid and effective after the date 
of transfer— 
‘‘(1) unless revoked for cause; or 
‘‘(2) until equivalent or substantially equivalent 
credentials, certificates, clearances, medical quali-
fications, 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 representa-
tives of FAA employees to resolve employment- 
related transition matters that affect employees 
represented by those labor organizations and 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
that are not otherwise covered under this sec-
tion. 
‘‘(B) DUTY TO BARGAIN IN GOOD FAITH.— 
The Corporation and the labor organizations 
described in subparagraph (A) (in this sub-
section referred to as the ‘parties’) shall be sub-
ject to the duty to bargain in good faith under 
chapter 911 in any meetings pursuant to this 
paragraph. 
‘‘(C) 
DISPUTE
RESOLUTION
PROCE-
DURES.—If the parties fail to reach an agree-
ment over the initial or subsequent employ-
ment-related transition issues not otherwise 
covered under this section, the matters shall be 
subject to the dispute resolution procedures es-
tablished under subsections (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 
recognized under section 7111 of title 5 as ex-
clusive representatives of FAA employees to re-
solve transition matters related to the separa-
tion of air traffic services from the FAA pursu-
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
ant to this subtitle that affect employees rep-
resented by those 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 subpara-
graph (A) shall be subject to the duty to bar-
gain in good faith under chapter 911 in any 
meetings pursuant to this paragraph. 
‘‘(C) 
DISPUTE
RESOLUTION
PROCE-
DURES.—If the Corporation and the certified 
labor organizations 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 covered under this section, the 
matters shall be subject to the dispute resolu-
tion procedures established under subsections 
(a), (b), and (e) of section 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 
licenses, patents, software rights, and real and personal 
property, including air navigation facilities (as defined in 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
section 40102(a)) of the United States under FAA juris-
diction, that are necessary and appropriate for the Cor-
poration to carry out the air traffic services transferred 
to the Corporation 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 condi-
tion 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 Sec-
retary if— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(A) the Corporation determines the real 
property is no longer necessary to carry out the 
air traffic services transferred to the Corpora-
tion under this subtitle; and 
‘‘(B) the Secretary determines the rever-
sion is necessary to protect the interests of the 
United States. 
‘‘(4) SAFETY
AIR
TRAFFIC
SERVICES
EQUIP-
MENT IN REMOTE LOCATIONS.— 
‘‘(A) MAINTENANCE
BY
CORPORATION.— 
Any equipment identified pursuant to sub-
section (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 serv-
ices in that State may not be sold and shall be 
maintained and, as determined necessary by the 
Corporation, upgraded by the Corporation. 
‘‘(B) EQUIPMENT CRITICAL TO SAFE PRO-
VISION OF AIR TRAFFIC SERVICES.—For pur-
poses of this paragraph, equipment critical to 
the safe provision of air traffic services includes 
GPS receivers, data link transceivers, ADS–B, 
multi-function displays, flight information serv-
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
ices, moving map displays, terrain databases, 
airport lighting, and mountain pass cameras. 
‘‘(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 Corporation, in consultation with representatives 
of labor organizations representing operations and 
maintenance employees of the air traffic control sys-
tem, shall establish a process for the realignment 
and consolidation 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 author-
ized to operate all air navigation facilities and other equip-
ment conveyed pursuant to section 90317 without addi-
tional approval or certification by the Secretary. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘§ 90319. Use of spectrum systems and data 
‘‘Beginning on the date of transfer, the Secretary 
shall provide the Corporation with such access to the spec-
trum systems used by the FAA before the date of transfer 
to provide air traffic services, and any successor spectrum 
systems, and to the data from such systems, as is nec-
essary to enable the Corporation to provide air traffic serv-
ices 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, con-
sistent with this subtitle, a transition plan to be reviewed 
by the Secretary and, if approved, utilized by the Depart-
ment of Transportation during the period in which air 
traffic services are transferred from the FAA to the Cor-
poration. 
‘‘(b) MEMBERSHIP.—The transition team shall con-
sist 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; 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
concurrence of the Director of the Office of 
Management and Budget. 
‘‘(2) 1 representative appointed by the exclusive 
bargaining representative of air traffic controllers 
certified 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 
transition team shall develop and submit to the Sec-
retary 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— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(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 
obligations, contractual and otherwise, related 
to the provision of air traffic services to the 
Corporation 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 review 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 
Secretary not later than 30 days after receiving no-
tice of the disapproval by the Secretary. 
‘‘(e) TERMINATION.—The transition team shall ter-
minate upon approval of a transition plan by the Sec-
retary. 
‘‘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. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6211
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘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 represent-
atives and before the date of transfer, the Secretary 
shall— 
‘‘(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 
facilities that may be operated without additional 
approval or certification pursuant to section 90318); 
and 
‘‘(3) identify policies and other administrative 
materials of the FAA in effect before the date of 
transfer 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-
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
clude a safety management system for air traffic 
services provided by the Corporation. 
‘‘(2) FOUNDATION.—The safety management 
system shall be based on the safety management 
system used by the Air Traffic Organization of the 
FAA before 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, 
when assessing and managing risks in all proce-
dures, processes, and practices necessary to provide 
air traffic services. 
‘‘(4) FAA OVERSIGHT.—To the maximum ex-
tent 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 proc-
esses and procedures in use before the date of trans-
fer. 
‘‘(c) PROPOSALS TO MODIFY AIR TRAFFIC MANAGE-
MENT PROCEDURES, ASSIGNMENTS, AND CLASSIFICA-
TIONS OF AIRSPACE.— 
‘‘(1) SUBMISSION
OF
PROPOSALS
TO
SEC-
RETARY.—The Corporation or another interested 
party may submit to the Secretary a proposal to 
modify— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
‘‘(A) air traffic management procedures, 
assignments, classifications of airspace, or other 
actions affecting airspace access that are devel-
oped pursuant to the safety management sys-
tem; and 
‘‘(B) FAA policies and other administra-
tive 
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 
review and approval of a proposal received under 
paragraph (1). 
‘‘(3) STANDARD
FOR
APPROVAL.—The Sec-
retary shall approve a proposal received under para-
graph (1) if the Secretary determines that the pro-
posal complies 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-
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
100 
posal under paragraph (1), the Secretary shall 
approve or disapprove the proposal. 
‘‘(B) WRITTEN
EXPLANATION.—If the 
Secretary disapproves the proposal, the Sec-
retary 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 
‘‘(II) any other information that 
formed the basis for the Secretary’s 
decision; 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) 
during 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.— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
101 
‘‘(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 ju-
dicial review pursuant to subsections (a), (b), (d), 
and (e) of section 46110. 
‘‘(2) STANDARD OF REVIEW.— 
‘‘(A) DISAPPROVALS.—In the case of a pe-
tition filed under section 46110(a) to review a 
decision of the Secretary that disapproves a 
proposal received from the Corporation under 
subsection (c)(1), the court shall, without def-
erence to the Secretary’s determination, review 
de novo the record to determine if the Sec-
retary’s determination is consistent with the 
regulations and standards prescribed under 
subsection (a)(1). 
‘‘(B) APPROVALS.—In the case of a peti-
tion filed under section 46110(a) to review a 
decision of the Secretary that approves a pro-
posal received from the Corporation under sub-
section (c)(1), the court may overturn the ap-
proval only upon a finding of clear error or an 
abuse of discretion. 
‘‘(e) COMPILATION.— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
102 
‘‘(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 
(including advance submission of necessary supporting 
data, analysis, and documentation) for the Secretary to 
evaluate, 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— 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
103 
‘‘(1) temporary airspace actions directed by the 
Administrator or Secretary; 
‘‘(2) airspace actions as described in section 
90904; or 
‘‘(3) certain emergency circumstances, as de-
fined 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 
safety oversight functions to the Administrator. 
‘‘§ 90502. Resolution of disputes concerning air traffic 
services charges and fees 
‘‘(a) AUTHORITY TO REQUEST SECRETARY’S DETER-
MINATION.— 
‘‘(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 re-
ceives an assessment or invoice from the Corpora-
tion. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
104 
‘‘(2) TREATMENT
OF
INTEREST
AND
PEN-
ALTIES.—In this section, the terms ‘charge’ and 
‘fee’ include any interest and penalty relating there-
to. 
‘‘(b) PROCEDURAL REGULATIONS.—At least 270 
days before the date of transfer, the Secretary shall pub-
lish in the Federal Register final regulations, policy state-
ments, or guidelines establishing the procedures for acting 
upon written 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. 
‘‘(d) DECISIONS BY SECRETARY.—The final regula-
tions, policy statements, or guidelines required in sub-
section (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. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
105 
‘‘(2) Not later than 30 days after such com-
plaint 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 ac-
cordance with part 302 of title 14, Code of Federal 
Regulations, or as modified by the Secretary, to en-
sure an orderly disposition of the matter within the 
90-day period referred to in paragraph (1) and any 
specifically 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 pe-
riod 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 
judge shall be deemed to be the final order of the 
Secretary. 
‘‘(5) Any party to the dispute may seek review 
of a final order of the Secretary under this sub-
section in the Circuit Court of Appeals for the Dis-
trict of Columbia Circuit or the court of appeals in 
the circuit with venue. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
106 
‘‘(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 
unless objection was urged before an administrative 
law judge or the Secretary at a proceeding under 
this subsection or, if not so urged, unless there were 
reasonable 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 
dismissed by the Secretary shall be paid by the 
complainant air traffic services user to the Cor-
poration under protest. 
‘‘(B) 
REFERRAL
OR
CREDIT.—Any 
amounts paid under this subsection by a com-
plainant air traffic services user to the Corpora-
tion under protest shall be subject to refund or 
credit to the air traffic services user in accord-
ance with directions in the final order of the 
Secretary within 30 days of such order. 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
107 
‘‘(C) TIMELY
REPAYMENT.—In order to 
ensure 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 
Corporation 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 
determining whether such charge or fee is cor-
rect. 
‘‘(2) GUARANTEE
OF
AIR
TRAFFIC
SERVICES 
USER ACCESS.—Contingent upon an air traffic serv-
ices user’s compliance with the requirements of 
paragraph (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 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
108 
not withhold air traffic services as a means of en-
forcing the charge or fee. 
‘‘(3) NONCOMPLIANCE.—Prior to 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), if an air 
traffic services user does not comply with the re-
quirements of paragraph (1), the Corporation shall 
withhold air traffic services from the user if the Cor-
poration requests 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 Corpora-
tion shall provide air traffic services under this subtitle 
in a manner that is consistent with any obligation as-
sumed by the United States in a treaty, convention, or 
agreement that may be in force between the United States 
and a foreign country or foreign countries or between the 
United States and an international organization, and shall 
take into consideration any applicable laws and require-
ments of foreign countries. 
‘‘(b) PROHIBITION.—The Corporation may not nego-
tiate on behalf of or otherwise represent the United States 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS
109 
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 pub-
lic— 
‘‘(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 in-
formation referred to in paragraphs (1) and (2). 
‘‘(b) METEOROLOGICAL SERVICES; AERONAUTICAL 
CHARTS.—The Corporation may provide for the dissemi-
nation of available aviation-related meteorological infor-
mation 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— 
‘‘(1) noncompliance with or deviations from air 
traffic control clearances or instructions; 
‘‘(2) noncompliant operations in controlled air-
space or special use airspace; and 
VerDate Sep 11 2014 
00:46 Jun 23, 2017
Jkt 069200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H2997.IH
H2997
lotter on DSKBCFDHB2PROD with BILLS