‘‘(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— 
‘‘(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 
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‘‘(B) the Secretary determines the rever-
sion is necessary to protect the interests of the 
United States. 
‘‘(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 90707, 
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. 
‘‘§ 90317. 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 90316 without addi-
tional approval or certification by the Secretary. 
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‘‘§ 90318. 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. 
‘‘CHAPTER 905—OVERSIGHT OF 
CORPORATION 
‘‘Sec. 
‘‘90501. Safety oversight and regulation of Corporation. 
‘‘90502. Resolution of disputes concerning air traffic services charges and fees. 
‘‘90503. Air navigation facilities established after date of transfer. 
‘‘90504. International agreements and activities. 
‘‘90505. Availability of safety information. 
‘‘90506. Reporting of safety violations to FAA. 
‘‘90507. Insurance requirements. 
‘‘§ 90501. Safety oversight and regulation of Corpora-
tion 
‘‘(a) PERFORMANCE-BASED REGULATIONS AND MIN-
IMUM SAFETY STANDARDS.—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; and 
‘‘(2) adopt, after consultation with the Corpora-
tion and the FAA’s certified bargaining representa-
tives, policies and other administrative materials of 
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the FAA in effect before the date of transfer for 
providing air traffic services. 
‘‘(b) SAFETY MANAGEMENT SYSTEM.— 
‘‘(1) IN GENERAL.—The regulations and stand-
ards shall include 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. 
‘‘(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— 
‘‘(A) air traffic management procedures, 
assignments, classifications of airspace, or other 
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actions affecting airspace access that are devel-
oped pursuant to the safety management sys-
tem; and 
‘‘(B) FAA policies and other administra-
tive materials adopted 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. 
‘‘(4) APPROVALS, DISAPPROVALS, AND
MODI-
FICATIONS.— 
‘‘(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, disapprove, or modify the proposal. 
‘‘(B) WRITTEN
EXPLANATION.—If the 
Secretary disapproves or modifies the proposal, 
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the Secretary shall provide a written expla-
nation of the Secretary’s decision, including— 
‘‘(i) any instances of inconsistency 
with the regulations and standards pre-
scribed under subsection (a)(1); and 
‘‘(ii) any other information that 
formed the basis for the Secretary’s deci-
sion. 
‘‘(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.— 
‘‘(1) IN GENERAL.—Any decision made by the 
Secretary to approve, disapprove, or modify a pro-
posal received under subsection (c)(1) shall be sub-
ject to judicial review pursuant to subsections (a), 
(b), (d), and (e) of section 46110. 
‘‘(2) STANDARD OF REVIEW.— 
‘‘(A) DISAPPROVALS; MODIFICATIONS.—In 
the case of a petition filed under section 
46110(a) to review a decision of the Secretary 
that disapproves or modifies a proposal received 
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from the Corporation under subsection (c)(1), 
the court shall, without deference to the Sec-
retary’s determination, review de novo 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 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.— 
‘‘(1) ESTABLISHMENT.—The Corporation shall 
establish and maintain a compilation of the policies 
and other materials referred to in 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 
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(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 June 8, 2015; 
‘‘(2) within an area subject to a major, large- 
scale airspace redesign project; or 
‘‘(3) adjacent to or containing special use air-
space. 
‘‘(g) SPECIAL RULES FOR PROPOSALS RELATING TO 
OPERATION OF CONTRACT TOWERS.— 
‘‘(1) IN GENERAL.—The regulations and stand-
ards prescribed under subsection (a)(1) shall include 
procedures for the Secretary to evaluate, under sub-
section (c), a proposal for an airspace change 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 sec-
tion 47124. 
‘‘(2) PROCEDURES.—The procedures required 
pursuant to paragraph (1) shall include— 
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‘‘(A) the advance submission of necessary 
supporting data, analysis, and documentation 
related to— 
‘‘(i) the safety risk management as-
sessment of the proposed contract tower 
closure; 
‘‘(ii) an assessment of the impact of 
the proposed closure on the operation of 
the national airspace system; 
‘‘(iii) an assessment of the impact of 
the proposed closure on air service to af-
fected communities; and 
‘‘(iv) any other safety or operational 
information the Secretary determines to be 
necessary to understand the safety impact 
of the proposed closure; and 
‘‘(B) a process to receive input from the 
public, impacted air traffic services users, local 
communities, and the airport operator of the 
airport where the contract tower proposed to be 
closed is located. 
‘‘(h) EXEMPTED AIRSPACE ACTIONS.—The require-
ments of this section shall not apply to— 
‘‘(1) temporary airspace actions directed by the 
Administrator or Secretary; 
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‘‘(2) airspace actions necessitated by an exer-
cise of authority under section 40106; or 
‘‘(3) certain emergency circumstances, as de-
fined by the Secretary in regulation. 
‘‘(i) 
DELEGATION.—Notwithstanding 
section 
90303(b), and except for the process and procedures re-
quired by subsection (g), 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.— 
‘‘(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 reasonable if a 
written complaint for such determination is filed 
with the Secretary by an affected air traffic services 
user not later than 60 days after the air traffic serv-
ices user receives written notice of the establishment 
or increase of such charge or fee. 
‘‘(2) SECRETARY’S DETERMINATION.—In deter-
mining under paragraph (1) whether a charge or fee 
is reasonable, the Secretary may only determine 
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whether the charge or fee is reasonable pursuant to 
subsection (c). 
‘‘(3) TREATMENT
OF
INTEREST
AND
PEN-
ALTIES.—In this section, the terms ‘charge’ and 
‘fee’ include any interest and penalties relating 
thereto. 
‘‘(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 REASONABLENESS.—In de-
termining under subsection (a)(1) whether a charge or fee 
is reasonable, the Secretary shall determine only if the 
charge or fee is— 
‘‘(1) consistent with the charging principles de-
scribed in section 90311(c); and 
‘‘(2) otherwise consistent with the public inter-
est. 
‘‘(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-
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plaint relating to an air traffic service charge or fee, 
the Secretary shall issue a final order determining 
whether the charge or fee is reasonable. 
‘‘(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 and any specifically applicable provi-
sions of this section. 
‘‘(3) The administrative law judge shall issue a 
recommended decision within 45 days after the com-
plaint 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 
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-
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trict of Columbia 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 shall 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 in-
crease or newly established 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. 
‘‘(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-
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ance with directions in the final order of the 
Secretary within 30 days of such order. 
‘‘(C) TIMELY
REPAYMENT.—In order to 
ensure the timely repayment, with interest, of 
amounts in dispute determined not to be rea-
sonable 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 established by this section, plus in-
terest, unless the Corporation and the air traf-
fic 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 ear-
lier of 90 days or the issuance of a timely final 
order by the Secretary determining whether 
such charge or fee is reasonable. 
‘‘(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 reasonable-
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ness of a charge or fee that is the subject of a com-
plaint 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 
reasonableness 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) of this subsection, the 
Corporation shall withhold air traffic services from 
the user if the Corporation requests and receives ap-
proval from the Secretary to withhold air traffic 
services. 
‘‘§ 90503. Air navigation facilities established after 
date of transfer 
‘‘(a) SAFETY MANAGEMENT SYSTEM FOR AIR NAVI-
GATION FACILITIES.—Notwithstanding section 44702 or 
44708, or any other provision of law, the Secretary shall 
establish procedures under which the Corporation or any 
other interested person may submit to the Secretary for 
approval a safety management system for use by the Cor-
poration or person in designing, manufacturing, testing, 
or operating an air navigation facility, as defined in sec-
tion 40102(a), established after the date of transfer. 
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‘‘(b) ESTABLISHMENT OF PROCEDURES.—The proce-
dures established under subsection (a) shall— 
‘‘(1) be established before the date of transfer; 
‘‘(2) include a process for the Secretary to peri-
odically review, in an expedited manner, a safety 
management system approved under subsection (a) 
and its implementation; and 
‘‘(3) allow for enforcement of the terms and 
conditions of the safety management system by the 
Secretary pursuant to section 46301(a)(1)(A). 
‘‘(c) COMPLIANCE REQUIRED.—In carrying out ac-
tivities related to the design, manufacture, testing, or op-
eration of air navigation facilities, the Corporation or any 
other interested person shall act in accordance with the 
applicable safety management system approved pursuant 
to this section. 
‘‘§ 90504. 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 
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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 
before any foreign government or international organiza-
tion. 
‘‘§ 90505. 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. 
‘‘§ 90506. 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 en-
tity. 
‘‘(c) STATUTORY CONSTRUCTION.—This section may 
not be construed to limit the authority of the Adminis-
trator to undertake enforcement actions upon the Admin-
istrator’s initiative. 
‘‘§ 90507. Insurance requirements 
‘‘The Corporation shall maintain adequate liability 
insurance policies and coverages, as determined by the 
Secretary, including complete indemnification of employ-
ees of the Corporation for acts within the scope of employ-
ment. 
‘‘CHAPTER 907—EMPLOYEE MANAGEMENT 
‘‘Sec. 
‘‘90701. Definitions. 
‘‘90702. Employee management and benefits election. 
‘‘90703. Labor and employment policy. 
‘‘90704. Bargaining units. 
‘‘90705. Recognition of labor organizations. 
‘‘90706. Collective-bargaining agreements. 
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‘‘90707. Collective-bargaining dispute resolution. 
‘‘90708. Potential and pending grievances, arbitrations, and settlements. 
‘‘90709. Legal action. 
‘‘§ 90701. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) AGENCY.—The term ‘Agency’ means, as 
the context requires, the Department of Transpor-
tation or the FAA. 
‘‘(2) AIR TRAFFIC CONTROLLER.— 
‘‘(A) IN GENERAL.—The term ‘air traffic 
controller’ means an employee of the Corpora-
tion who, in an air traffic control facility or 
flight service station facility— 
‘‘(i) is actively engaged— 
‘‘(I) in the separation and control 
of air traffic; or 
‘‘(II) 
in 
providing 
preflight, 
inflight, or airport advisory service to 
aircraft operators; or 
‘‘(ii) is the immediate supervisor of 
any employee described in clause (i). 
‘‘(B) LIMITATION.—Notwithstanding sub-
paragraph (A), the definition of ‘air traffic con-
troller’ for purposes of section 8336(e) of chap-
ter 83 of title 5 and section 8412(e) of chapter 
84 of such title shall mean only employees ac-
tively engaged in the separation of air traffic 
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and the immediate supervisors of such employ-
ees, as set forth in section 8331(30) of such 
title, and section 8401(35) of such title. 
‘‘(3) AUTHORITY.—The term ‘Authority’ means 
the Federal Labor Relations Authority, as described 
in section 7104(a) of title 5. 
‘‘(4) SERVICE.—The term ‘Service’ means the 
Federal Mediation and Conciliation Service estab-
lished by section 202 of the Labor Management Re-
lations Act, 1947 (29 U.S.C. 172). 
‘‘§ 90702. Employee management and benefits elec-
tion 
‘‘(a) AUTHORITY OF CEO.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by law, the CEO shall classify and fix the com-
pensation and benefits of employees in the Corpora-
tion. 
‘‘(2) NEGOTIATIONS.—In developing, making 
changes to, and implementing wages, hours, and 
other terms and conditions of employment, including 
when establishing the compensation and benefits 
program under section 90315(c), the Corporation 
shall negotiate with exclusive representatives recog-
nized under section 90705. 
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‘‘(3) BEFORE DATE OF TRANSFER.—For pur-
poses of paragraph (2), before the date of transfer, 
the term ‘exclusive representatives recognized under 
section 90705’ shall refer to labor organizations rec-
ognized under section 7111 of title 5 as exclusive 
representatives of FAA employees. 
‘‘(b) FORMER FEDERAL EMPLOYEES.— 
‘‘(1) FEDERAL RETIREMENT BENEFITS.— 
‘‘(A) ELECTION
OF
RETIREMENT
BENE-
FITS.—At least 90 days before the date of 
transfer, an employee transferring to the Cor-
poration who will be subject to either the Civil 
Service Retirement System under chapter 83 of 
title 5 (in this section referred to as ‘CSRS’) or 
the Federal Employees Retirement System 
under chapter 84 of title 5 (in this section re-
ferred to as ‘FERS’) on the day immediately 
preceding the date of transfer shall elect either 
to— 
‘‘(i) retain the employee’s coverage 
under either CSRS or FERS, as applica-
ble, in lieu of coverage by the Corpora-
tion’s employee benefits system established 
under section 90315(c); or 
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‘‘(ii) receive a deferred annuity, lump- 
sum benefit, or any other benefit available 
to the employee under CSRS or FERS, in 
the same manner that would have been 
available to the employee if the employee 
had voluntarily separated from Federal 
employment on the day before the date of 
transfer. 
‘‘(B) THRIFT SAVINGS PLAN ACCOUNTS.— 
An employee who makes the election under sub-
paragraph (A)(ii) shall have the option to trans-
fer the balance in the employee’s Thrift Savings 
Plan account to the plan under the Corpora-
tion’s retirement system, consistent with appli-
cable law and the terms of the Corporation’s 
plan. 
‘‘(C) PERIODIC ELECTION.—The Corpora-
tion shall provide for periodic election seasons 
during which an employee who transferred to 
the Corporation on the date of transfer may be-
come eligible for retirement benefits under the 
Corporation’s employee benefits system estab-
lished under section 90315(c) by making an 
election under subparagraph (A)(ii). 
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‘‘(D) CONTINUITY OF ANNUITANT BENE-
FITS.—Notwithstanding any other provision of 
law, any individual who is receiving an annuity 
under chapter 83 or chapter 84 of title 5 may 
continue to receive such annuity while employed 
by the Corporation. 
‘‘(E) HIGH-3 DETERMINATION.—With re-
spect to any employee who retains CSRS or 
FERS coverage pursuant to subparagraph (A), 
such employee’s basic pay while with the Cor-
poration shall be included in any determination 
of such employee’s average pay under section 
8331(4) or 8401(3), as the case may be, of title 
5 when calculating the annuity (if any) of such 
employee. For purposes of this section, an em-
ployee’s basic pay shall be defined as such em-
ployee’s total annual salary or wages from the 
Corporation, including any location-based ad-
justment. 
‘‘(2) PAYMENTS
TO
CIVIL
SERVICE
RETIRE-
MENT AND DISABILITY FUND.—For employees of the 
Corporation who elect to retain their coverage under 
either CSRS or FERS pursuant to paragraph (1), 
the Corporation shall only be required to pay to the 
Civil Service Retirement and Disability Fund— 
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‘‘(A) such employee deductions and agency 
contributions as are required by sections 8334, 
8422, and 8423 of title 5; and 
‘‘(B) such additional amounts, not to ex-
ceed 2 percent of the amounts under subpara-
graph (A), as are determined necessary by the 
Office of Personnel Management to pay the cost 
of administering retirement benefits for employ-
ees who retire from the Corporation after the 
date of transfer under either CSRS or FERS, 
for their survivors, and for survivors of employ-
ees of the Corporation who die after the date of 
transfer (which amounts shall be available to 
the Office of Personnel Management as pro-
vided in section 8348(a)(1)(B) of title 5). 
‘‘(3) THRIFT SAVINGS FUND.—The Corporation 
shall pay to the Thrift Savings Fund such employee 
and agency contributions as are required by section 
8432 of title 5 for employees who elect to retain 
their coverage under FERS pursuant to paragraph 
(1). 
‘‘(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 
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‘FEHBP’) on the day immediately preceding the 
date of transfer shall have the option to receive 
health benefits from a health benefit plan estab-
lished by the Corporation under section 90315(c) or 
to continue coverage under FEHBP without inter-
ruption. 
‘‘(5) PAYMENTS TO EMPLOYEES HEALTH BENE-
FITS FUND.—For employees of the Corporation who 
elect to retain their coverage under FEHBP pursu-
ant to paragraph (4), the Corporation shall pay to 
the Employees Health Benefits Fund— 
‘‘(A) such employee deductions and agency 
contributions as are required by subsections (a) 
through (f) of section 8906 of title 5; and 
‘‘(B) such amounts as are determined nec-
essary by the Office of Personnel Management 
under paragraph (6) to reimburse the Office of 
Personnel Management for contributions under 
section 8906(g)(1) of title 5. 
‘‘(6) 
REIMBURSEMENT
AMOUNTS.—The 
amounts required to be paid by the Corporation 
under paragraph (5)(B) shall be equal to the 
amount of Government contributions for retired em-
ployees who retire from the Corporation after the 
date of transfer under either CSRS or FERS, for 
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survivors of such retired employees, and for sur-
vivors of employees of the Corporation who die after 
the date of transfer, with said amounts prorated to 
reflect only that portion of the total service of such 
employees and retired persons that was performed 
for the Corporation after the date of transfer. 
‘‘(7) ADDITIONAL
BENEFITS.—Subject to the 
provisions of this chapter, any employee of the Cor-
poration who was subject to the provisions of sub-
chapter I of chapter 85 (concerning unemployment 
compensation) and chapters 87 (concerning life in-
surance), 89A (concerning enhanced dental bene-
fits), and 89B (concerning enhanced vision benefits) 
of title 5 shall have the option to continue coverage 
under such provisions without interruption in lieu of 
applicable coverage by the Corporation’s employee 
benefits system established under section 90315(c). 
The Corporation shall withhold from pay, and shall 
make contributions, under the provisions of title 5 
referred to in this subsection at the same rates ap-
plicable to agencies of the Federal Government for 
such employees. 
‘‘(8) WORKERS COMPENSATION.—Officers and 
employees of the Corporation shall be covered by, 
and shall be considered employees for purposes of, 
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subchapter I of chapter 81 of title 5 (concerning 
compensation for work injuries). The Corporation 
shall make contributions to the Employees’ Com-
pensation Fund under the provisions of section 8147 
of title 5 at the same rates applicable to agencies of 
the Federal Government. 
‘‘(9) NON-FOREIGN AREA.—To the extent con-
sistent with law, the Non-Foreign Area Retirement 
Equity Assurance Act of 2009 shall apply to officers 
and employees of the Corporation transferred under 
section 90315. 
‘‘(10) TRANSFER OF LEAVE.—Sick and annual 
leave, credit hours, and compensatory time of offi-
cers and employees of the Corporation, whether ac-
crued before or after the date of transfer, shall be 
obligations of the Corporation under the provisions 
of this chapter. 
‘‘(11) WHISTLEBLOWER PROTECTION.—Neither 
the Corporation, nor any officer or employee of the 
Corporation, may take any action described in sub-
section (b)(8), (b)(9), or (b)(13), or the final para-
graph of subsection (b), of section 2302 of title 5 
(relating to whistleblower protection). 
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‘‘§ 90703. Labor and employment policy 
‘‘(a) APPLICATION OF CHAPTER 71 OF TITLE 5.— 
To the extent not inconsistent with this chapter, labor- 
management relations shall be subject to the provisions 
of chapter 71 of title 5, provided that the obligation of 
the Corporation and an exclusive bargaining representa-
tive recognized under section 90705 to bargain collectively 
in good faith over conditions of employment shall mean 
to bargain over the same wages, hours, and other terms 
and conditions of employment as are negotiable under sec-
tion 8(d) of the Act of July 5, 1935, as amended (29 
U.S.C. 158(d)), and without application of section 
7103(a)(14) of title 5 and section 7117 of title 5, which 
shall not apply. 
‘‘(b) APPLICABILITY.—To the limited extent nec-
essary for the implementation of this chapter, the Cor-
poration shall have the rights and obligations of an agency 
under chapter 71 of title 5. 
‘‘(c) APPLICATION
OF FAIR LABOR STANDARDS 
ACT.—The provisions of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.) shall apply to the Cor-
poration and to its officers and employees. 
‘‘(d) REPORTING AND DISCLOSURE.—The provisions 
of the Labor-Management Reporting and Disclosure Act 
of 1959 (29 U.S.C. 401 et seq.) shall be applicable to labor 
organizations that have or are seeking to attain recogni-
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tion under section 90705, and to such organizations’ offi-
cers, agents, shop stewards, other representatives, and 
members. 
‘‘(e) RIGHT TO COLLECTIVELY BARGAIN.—Each em-
ployee of the Corporation shall have the right, freely and 
without fear of penalty or reprisal, to form, join, and assist 
a labor organization or to refrain from any such activity, 
and each employee shall be protected in the exercise of 
this right. Such right shall include the right to engage in 
collective bargaining with respect to the same wages, 
hours, and other terms and conditions of employment as 
are negotiable under section 8(d) of the Act of July 5, 
1935, as amended (29 U.S.C. 158(d)). 
‘‘§ 90704. 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 
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units would not, absent modification, remain units appro-
priate for collective bargaining with the Corporation. 
‘‘(c) OTHER UNITS.—Notwithstanding subsection (a) 
or (b), the Authority shall not recognize or certify any bar-
gaining unit different than the bargaining units previously 
certified by the Authority prior to the date described in 
section 90705(g). 
‘‘§ 90705. Recognition of labor organizations 
‘‘(a) APPLICATION OF CHAPTER 71 OF TITLE 5.— 
To the extent not inconsistent with this chapter, section 
7111 of title 5 shall apply to the recognition and certifi-
cation of labor organizations for the employees of the Cor-
poration and the Corporation shall accord exclusive rec-
ognition to and bargain collectively with a labor organiza-
tion when the organization has been selected by a majority 
of the employees in an appropriate unit as their represent-
ative. 
‘‘(b) RECOGNITION
OF EXCLUSIVE REPRESENTA-
TIVE.—Notwithstanding subsection (a), each labor organi-
zation that, immediately before the date of transfer, was 
recognized as the exclusive representative for a bargaining 
unit of employees of the Agency shall be deemed to be 
recognized on the date of transfer or thereafter as the ex-
clusive representative for those employees of the Corpora-
tion in the same or similar bargaining unit unless another 
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100 
representative for a bargaining unit of employees is cer-
tified pursuant to section 7111 of title 5 and this section. 
‘‘(c) EXPIRATION OF TERM.—Every collective-bar-
gaining agreement or arbitration award that applies to an 
employee of the Agency and that is in force immediately 
before the date of transfer continues in force until its term 
expires. To the extent that the Corporation assumes the 
functions and responsibilities that, prior to the date of 
transfer, were conducted by the Agency, agreements and 
supplements (including any arbitration award, as applica-
ble) covering employees of the Agency that are in effect 
on the date of transfer shall continue to be recognized by 
and binding on the Corporation, the bargaining represent-
ative, and all covered employees until altered or amended 
pursuant to law. Any agreement, supplement, or arbitra-
tion award continued by this section is deemed to be an 
agreement, supplement, or arbitration award binding on 
the Corporation, the bargaining representative, and all 
covered employees for purposes of this chapter and title 
5. 
‘‘(d) 
LIMITATION
ON
APPLICATION.—Notwith-
standing section 90703, sections 7106 and 7113 of title 
5 shall not apply to this chapter. 
‘‘(e) CONTINUATION OF BARGAINING.—If an exclu-
sive representative and the Agency are engaged in bar-
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101 
gaining (whether concerning a collective-bargaining agree-
ment, issues related to the transfer of functions and re-
sponsibilities from the Agency to the Corporation, or oth-
erwise) prior to the date of transfer, such bargaining shall 
continue between the exclusive representative and the Cor-
poration, and the Corporation shall be bound by any com-
mitments made during bargaining by the Agency. 
‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this 
section may be construed to prohibit the waiving of hear-
ings by stipulation for the purpose of a consent election 
in conformity with regulations and rules of decision of the 
Authority. 
‘‘(g) LIMITATION.—Notwithstanding any other provi-
sion of this chapter or any provision of title 5, no bar-
gaining unit or part of a bargaining unit consisting of em-
ployees of the Corporation represented by a labor organi-
zation pursuant to subsection (b) may be reviewed, re-
scinded, amended, altered, or varied, other than— 
‘‘(1) to include in the unit any employees who 
are not represented by a labor organization, or 
‘‘(2) to merge bargaining units that are rep-
resented by the same labor organization, 
before the first day of the last 3 months of the first collec-
tive agreement entered into after the date of transfer that 
applies to those employees and that has resulted from col-
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102 
lective bargaining between such labor organization and the 
Corporation. 
‘‘(h) DEDUCTION.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
90703, section 7115 of title 5 shall not apply to this 
chapter. 
‘‘(2) DUES.—When a labor organization holds 
exclusive recognition, the Corporation shall deduct 
the regular and periodic dues, initiation fees, and as-
sessments (not including fines and penalties) of the 
organization from the pay of all members of the or-
ganization in the unit of recognition if the Corpora-
tion (or, before the date of transfer, the Agency) has 
received from each employee, on whose account such 
deductions are made, a written assignment which 
shall be irrevocable for a period of not more than 1 
year. 
‘‘(3) 
CONTINUATION.—Any 
agreement 
de-
scribed in subsection (c) that provides for deduction 
by the Agency of the regular and periodic dues, initi-
ation fees, and assessments (not including fines and 
penalties) of the labor organization from the pay of 
its members shall continue in full force and effect 
and the obligation for such deductions shall be as-
sumed by the Corporation. No such deduction may 
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103 
be made from the pay of any employee except on the 
employee’s written assignment, which shall be irrev-
ocable for a period of not more than 1 year. 
‘‘§ 90706. Collective-bargaining agreements 
‘‘(a) IN GENERAL.—Except as provided under section 
90705(c), collective-bargaining agreements between the 
Corporation and bargaining representatives shall be effec-
tive for not less than 2 years. 
‘‘(b) 
PROCEDURES.—Collective-bargaining 
agree-
ments between the Corporation and bargaining represent-
atives recognized under section 90705 may include any 
procedures for resolution by the parties of grievances and 
adverse actions arising under the agreement, including 
procedures culminating in binding third-party arbitration, 
or the parties may adopt any such procedures by mutual 
agreement in the event of a dispute. 
‘‘(c) 
LIMITATION
ON
APPLICATION.—Notwith-
standing section 90703, section 7121(c) of title 5 shall not 
apply to this chapter. 
‘‘(d) DISPUTE
RESOLUTION
PROCEDURES.—The 
Corporation and bargaining representatives recognized 
under section 90705 may by mutual agreement adopt pro-
cedures for the resolution of disputes or impasses arising 
in the negotiation of a collective-bargaining agreement. 
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104 
‘‘§ 90707. Collective-bargaining dispute resolution 
‘‘(a) RESOLUTION OF DISPUTES.— 
‘‘(1) IN GENERAL.—If, prior to 90 days after 
the expiration of the term collective-bargaining 
agreement or 90 days after the parties begin mid- 
term negotiations, the Corporation and the exclusive 
bargaining representative of the employees of the 
Corporation (in this section referred to collectively 
as the ‘parties’) do not reach an agreement under 
sections 7114(a)(1), 7114(a)(4), and 7114(b) of title 
5 (as such sections apply to the Corporation under 
this chapter), or 90706(d) of this chapter, the Cor-
poration and the bargaining representative shall use 
the mediation services of the Service to attempt to 
reach such agreement in accordance with part 1425 
of title 29, Code of Federal Regulations (as in effect 
on the date of enactment of this subtitle). 
‘‘(2) MEDIATION PERIOD.—The mediation pe-
riod under paragraph (1) may not exceed 60 days 
unless extended by written agreement of the parties. 
‘‘(b) BINDING
ARBITRATION
FOR
TERM
BAR-
GAINING.— 
‘‘(1) THREE
MEMBER
PRIVATE
ARBITRATION 
BOARD.—If the mediation services of the Service 
under subsection (a)(1) do not lead to the resolution 
of issues in controversy arising from the negotiation 
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124 
(b) 
CERTIFICATION
OF
NECESSITY.—Section 
44502(b) of title 49, United States Code, is amended— 
(1) by striking ‘‘Except’’ and inserting ‘‘Before 
the date of transfer (as defined in section 90101(a)), 
except’’; and 
(2) by striking ‘‘the Administrator of the Fed-
eral Aviation Administration’’ and inserting ‘‘the 
Secretary of Transportation’’. 
(c) ENSURING CONFORMITY WITH PLANS AND POLI-
CIES.—Section 44502(c) of title 49, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘by the Administrator of 
the Federal Aviation Administration under sec-
tion 40103(b)(1) of this title’’; 
(B) by striking ‘‘Administrator of the Fed-
eral Aviation Administration’’ the second, third, 
and fourth places it appears and inserting ‘‘Sec-
retary of Transportation’’; and 
(C) by striking ‘‘Congress’’ and inserting 
‘‘Congress, the ATC Corporation,’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘Administrator of the Fed-
eral Aviation Administration’’ and inserting 
‘‘Secretary of Transportation’’; and 
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