“(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the FAA.

“(2) AIR TRAFFIC SERVICES.—The term ‘air traffic services’ means services—

“(3) AIR TRAFFIC SERVICES USER.—The term ‘air traffic services user’ means any individual or entity using air traffic services provided by the Corporation within United States airspace or international airspace delegated to the United States.

“(4) BOARD.—The term ‘Board’ means the Board of Directors of the Corporation.

“(5) CEO.—The term ‘CEO’ means the Chief Executive Officer of the Corporation.

“(6) CHARGE; FEE.—The terms ‘charge’ and ‘fee’ mean any rate, charge, fee, or other service charge for the use of air traffic services.

“(7) CORPORATION.—The term ‘Corporation’ means the American Air Navigation Services Corporation established under this subtitle.

“(8) DATE OF TRANSFER.—The term ‘date of transfer’ means the date on which the Corporation assumes operational control of air traffic services from the FAA pursuant to this subtitle, which shall be October 1, 2020.

“(9) DIRECTOR.—The term ‘Director’ means a Director of the Board.

“(10) FAA.—The term ‘FAA’ means the Federal Aviation Administration.

“(11) INTERIM CEO.—The term ‘Interim CEO’ means the Interim Chief Executive Officer of the Corporation.

“(12) REGIONAL AIR CARRIER.—The term ‘regional air carrier’ means an air carrier operating under part 121 of title 14, Code of Federal Regulations, that—

“(13) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.

“(1) IN GENERAL.—The Corporation may conduct its business and affairs, and otherwise hold itself out, as the ‘American Air Navigation Services Corporation’ in any jurisdiction.

“(2) EXCLUSIVE RIGHT.—The Corporation shall have the exclusive right to use the name ‘American Air Navigation Services Corporation’.

“(3) ALTERNATIVE NAME.—The Corporation may do business under a name other than the ‘American Air Navigation Services Corporation’ at its choosing.

“(1) the Department of Defense, as authorized by chapter 909;

“(2) entities to which the United States has delegated certain air traffic services responsibilities;

“(3) entities with which the Corporation has contracted for the provision of air traffic services; and

“(4) entities authorized to operate an unmanned aircraft traffic management system or service pursuant to section 45506 or 45507.

“(1) PASSENGER AIR CARRIER NOMINATION PANEL.—A Passenger Air Carrier Nomination Panel composed of passenger air carrier representatives, with each air carrier with more than 30,000,000 annual passenger enplanements designating 1 representative to the Panel.

“(2) CARGO AIR CARRIER NOMINATION PANEL.—A Cargo Air Carrier Nomination Panel composed of cargo air carrier representatives, with each all-cargo air carrier with more than 1,000,000 total annual enplaned cargo revenue tons designating 1 representative to the Panel.

“(3) REGIONAL AIR CARRIER NOMINATION PANEL.—A Regional Air Carrier Nomination Panel composed of regional air carrier representatives, with each of the 3 largest regional air carriers, as measured by annual passenger enplanements, designating 1 representative to the Panel.

“(4) GENERAL AVIATION NOMINATION PANEL.—A General Aviation Nomination Panel composed of 6 representatives designated by the principal organization representing noncommercial owners and recreational operators of general aviation aircraft.

“(5) BUSINESS AVIATION NOMINATION PANEL.—A Business Aviation Nomination Panel composed of—

“(6) AIR TRAFFIC CONTROLLER NOMINATION PANEL.—An Air Traffic Controller Nomination Panel composed of 6 representatives designated by the largest organization engaged in collective bargaining on behalf of air traffic controllers employed by the Corporation.

“(7) AIRPORT NOMINATION PANEL.—An Airport Nomination Panel composed of—

“(8) COMMERCIAL PILOT NOMINATION PANEL.—A Commercial Pilot Nomination Panel composed of commercial pilot representatives, with each organization engaged in collective bargaining on behalf of air carrier pilots with more than 5,000 members designating 1 member to the Panel.

“(1) BEFORE DATE OF TRANSFER.—Before the date of transfer, and not later than 30 days after the date of enactment of this subtitle, the Secretary shall determine the entities referred to in subsection (b).

“(2) AFTER DATE OF TRANSFER.—On and after the date of transfer, the Board shall determine the entities referred to in subsection (b), in accordance with the bylaws of the Corporation.

“(3) STATISTICS.—In determining annual statistics for purposes of this subsection, the Secretary and the Board shall utilize data published by the Department of Transportation for the most recent calendar year.

“(4) LIMITATIONS.—

“(1) an officer or employee of the Corporation;

“(2) a Member of Congress or an elected official serving in a State, local, or Tribal government; or

“(3) an officer or employee of the Federal Government or any State, local, or Tribal government.

“(1) The CEO.

“(2) 2 Directors appointed by the Secretary.

“(3) 1 Director nominated by the Passenger Air Carrier Nomination Panel.

“(4) 1 Director nominated by the Cargo Air Carrier Nomination Panel.

“(5) 1 Director nominated by the Regional Air Carrier Nomination Panel.

“(6) 1 Director nominated by the General Aviation Nomination Panel.

“(7) 1 Director nominated by the Business Aviation Nomination Panel.

“(8) 1 Director nominated by the Air Traffic Controller Nomination Panel.

“(9) 1 Director nominated by the Airport Nomination Panel.

“(10) 1 Director nominated by the Commercial Pilot Nomination Panel.

“(11) 2 Directors nominated and selected by the other Directors.

“(1) PRIOR TO DATE OF TRANSFER.—

“(2) AFTER DATE OF TRANSFER.—

“(1) be selected from among the Directors (other than the CEO) by a majority vote of the Directors; and

“(2) subject to subsection (e), serve until replaced by a majority vote of the Directors.

“(1) INITIAL TERMS.—The term of each Director appointed, or nominated and selected, before the date of transfer (other than the CEO) shall expire on the date that is 2 years after the date of transfer.

“(2) SUBSEQUENT TERMS.—The term of each Director appointed, or nominated and selected, on or after the date of transfer (other than the CEO) shall be 4 years, except as provided by paragraph (3).

“(3) STAGGERING.—The Board shall stagger the duration of the terms of the initial Directors appointed, or nominated and selected, after the date of transfer to promote the stability of the Board.

“(4) TERM LIMIT.—Except as provided by subsection (f)(3), a Director may not serve on the Board for more than 8 years.

“(1) BEFORE DATE OF TRANSFER.—Before the date of transfer, a vacancy on the Board shall be filled in the manner in which the original appointment or selection was made.

“(2) AFTER DATE OF TRANSFER.—After the date of transfer, a vacancy on the Board shall be filled in the manner in which the original appointment was made (in the case of Directors appointed under 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 OFFICE.—A Director may serve after the expiration of the Director’s term until a successor has been appointed or nominated and selected.

“(1) MEETINGS.—

“(2) QUORUM.—A quorum of the Board, consisting of a majority of the Directors then in office, shall be required to conduct any business of the Board.

“(3) APPROVAL OF BOARD ACTIONS.—Except as otherwise provided, the threshold for approving Board actions shall be as set forth in the bylaws.

“(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—

“(3) EXCEPTION.—Subparagraphs (C) and (D) of paragraph (2) shall not apply to an individual solely because the individual is an elected member of a school board or is employed by an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

“(1) IN GENERAL.—The Board shall remove any Director who breaches a fiduciary duty to the Corporation—

“(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 fiduciary duty to the Corporation.

“(1) the duties and responsibilities of the Board (including those described in subsection (c)), officers, Advisory Board, and committees of the Corporation; and

“(2) the operational procedures of the Corporation.

“(1) adoption of an annual budget;

“(2) approval of a strategic plan, including updates thereto, and other plans supporting the strategy laid out in the strategic plan;

“(3) adoption of an annual action plan;

“(4) authorization of any form or instrument of indebtedness, including loans and bond issues;

“(5) assessment, modification, and collection of charges and fees for air traffic services in accordance with the standards described in section 90313;

“(6) hiring and supervision of the CEO;

“(7) establishment and maintenance of an appropriately funded reserve fund;

“(8) adoption of a code of conduct and code of ethics for Directors, officers, agents, and employees of the Corporation;

“(9) establishment of a process for ensuring that the fiduciary duties of a Director are solely and exclusively to the Corporation;

“(10) establishment of a process for the removal of a Director, including the removal of a Director for breach of a fiduciary duty to the Corporation; and

“(11) adoption of a process for filling vacancies on the Board.

“(1) shall conduct such activities as the Board determines appropriate;

“(2) shall submit to the Board recommendations for Directors to be nominated and selected under 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.

“(1) NUMBER.—The Advisory Board shall consist of not more than 15 individuals, who are citizens of the United States, representing interested entities.

“(2) REPRESENTATIVES.—The members of the Advisory Board shall include, at a minimum, representatives of the following:

“(1) HIRING.—

“(2) DUTIES.—The CEO shall—

“(3) SCOPE OF AUTHORITY.—

“(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 FINANCIAL OFFICER.—An appointment of an individual as chief operating officer or chief financial officer by the CEO shall be subject to the approval of the Board.

“(3) DELEGATION OF FUNCTIONS.—The CEO may delegate to the other officers and employees of the Corporation any of the functions of the Corporation.

“(4) COMPENSATION.—Compensation for the CEO, chief operating officer, and chief financial officer shall be set by the Board.

“(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.—

“(3) STATUTORY CONSTRUCTION.—Nothing in this subsection may be construed to restrict the ability of the Board to hire the individual serving as the Interim CEO to be the CEO.

“(1) shall have perpetual succession in its corporate 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 necessary to carry out the purposes of the Corporation;

“(4) may contract with other parties;

“(5) may sue or be sued;

“(6) may be held liable under civil and criminal law;

“(7) may indemnify the Directors, including the Interim CEO or CEO, and other officers, agents, and employees of the Corporation; and

“(8) shall have such other corporate powers as are necessary or appropriate to carry out the purposes of this subtitle and of the Corporation.

“(1) BUSINESS ACTIVITIES.—The Corporation may only engage in business activities that are—

“(2) EQUITY SHARES.—The Corporation may not issue or sell equity shares in the Corporation.

“(1) approve a proposal for—

“(2) provide air traffic services users and other interested persons notice of a proposal approved under paragraph (1) in a manner and form prescribed by the Secretary; and

“(3) submit a proposal approved under paragraph (1) (other than a proposal to decrease a charge or fee) to the Secretary 90 days prior to the effective date of the proposal in a manner and form prescribed by the Secretary.

“(1) PUBLIC COMMENT.—Upon receiving a proposal from the Corporation under subsection (b)(3), the Secretary shall solicit public comments on the proposal for a 30-day period.

“(2) SECRETARIAL APPROVAL.—

“(1) The amount or type of charges and fees paid by an air traffic services user may not—

“(2) Charges and fees shall be consistent with the document titled ‘ICAO’s Policies on Charges for Airports and Air Navigation Services’, Ninth Edition, 2012.

“(3) Charges and fees may not be discriminatory.

“(4) Charges and fees shall be consistent with United States international obligations.

“(5) Certain categories of air traffic services users may be charged on a flat fee basis so long as the charge or fee is otherwise consistent with this subsection.

“(6) Charges and fees may not be imposed for air traffic services provided with respect to operations of aircraft that qualify as public aircraft under 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 revenues exceeding the Corporation’s current and anticipated financial requirements in relation to the provision of air traffic services.

“(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 covenants; and

“(7) any tax liability.

“(1) IN GENERAL.—An air traffic services user shall pay a charge or fee assessed by the Corporation under subsection (a) for services rendered and any interest and penalties assessed under paragraph (2).

“(2) LATE PAYMENT OR NONPAYMENT.—The Corporation may assess and collect interest and penalties for late payment or nonpayment of a charge or fee assessed by the Corporation under subsection (a).

“(3) PRIVATE RIGHT OF ACTION.—The Corporation may file suit in any district court of the United States having jurisdiction over the parties, without respect to the amount in controversy and without 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 relevant air traffic services by the Corporation.

“(1) JURISDICTION OF UNITED STATES DISTRICT COURTS.—The United States district courts shall have original jurisdiction over all actions brought by or against the Corporation, except as otherwise provided in this subtitle.

“(2) REMOVAL OF ACTIONS IN STATE COURTS.—Any action brought in a State court to which the Corporation is a party shall be removed to the appropriate United States district court under the provisions of chapter 89 of title 28.

“(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 Corporation.

“(2) EXCEPTIONS.—The Corporation may prescribe the circumstances, if any, under which employees of the Corporation may provide expert opinion or expert testimony in civil litigation related to the Corporation.

“(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 representatives of the labor organizations recognized under section 7111 of title 5 as exclusive representatives of FAA employees, shall commence a process to determine, consistent with the purposes of this subtitle, 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 Secretary shall—

“(1) IN GENERAL.—

“(2) REEMPLOYMENT OF FEDERAL EMPLOYEES.—An employee transferred from the Corporation to the FAA under this subsection shall be entitled to the same rights and benefits, and reemployment, in the same manner as if covered by section 3582 of title 5 notwithstanding section 8347(o), 8713, or 8914 of such title.

“(3) ELECTION OF BENEFITS FOR EMPLOYEES SUBJECT TO DELAYED TRANSFER TO CORPORATION.—In the case of an employee of the FAA transferred to the Corporation under this subsection, such employee shall be afforded the opportunity to make the election provided under section 91102(b) with respect to benefits.

“(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).

“(1) unless revoked for cause; or

“(2) until equivalent or substantially equivalent credentials, certificates, clearances, medical qualifications, 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.

“(1) BIPARTITE AGREEMENT.—

“(2) TRIPARTITE AGREEMENT.—

“(1) CONVEYANCE OF PROPERTY TO CORPORATION.—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 facilities or other capital assets.

“(3) REVERSIONARY INTEREST.—Any conveyance of real property under this section located at an FAA technical facility shall be subject to the condition that all right, title, and interest in the real property shall revert to the United States and be placed under the administrative control of the Secretary if—

“(4) SAFETY AIR TRAFFIC SERVICES EQUIPMENT IN REMOTE LOCATIONS.—

“(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 system, 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 provided, 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.

“(1) 5 representatives appointed by the Secretary, including—

“(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.

“(1) IN GENERAL.—Not later than 45 days after the establishment of the transition team, the transition team shall develop and submit to the Secretary an executable transition plan.

“(2) CONTENTS.—The transition plan shall set forth a plan for the Secretary, in consultation with the CEO or Interim CEO, to—

“(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 notice of the disapproval by the Secretary.

“(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.

“(1) IN GENERAL.—The regulations and standards prescribed pursuant to subsection (a) 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 procedures, processes, and practices necessary to provide air traffic services.

“(4) FAA OVERSIGHT.—To the maximum extent practicable, for at least 2 years after the date of transfer, the Air Traffic Safety Oversight Service of the FAA shall employ the same oversight processes and procedures in use before the date of transfer.

“(1) SUBMISSION OF PROPOSALS TO SECRETARY.—The Corporation or another interested party may submit to the Secretary a proposal to modify—

“(2) REVIEW AND APPROVAL OF PROPOSALS.—The regulations and standards prescribed under subsection (a)(1) shall include a process for expedited review and approval of a proposal received under paragraph (1).

“(3) STANDARD FOR APPROVAL.—The Secretary shall approve a proposal received under paragraph (1) if the Secretary determines that the proposal 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.—

“(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.

“(1) IN GENERAL.—Any decision made by the Secretary to approve or disapprove a proposal received under subsection (c)(1) shall be subject to judicial review pursuant to subsections (a), (b), (d), and (e) of section 46110.

“(2) STANDARD OF REVIEW.—

“(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.

“(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 airspace.

“(1) temporary airspace actions directed by the Administrator or Secretary;

“(2) airspace actions as described in section 90904; or

“(3) certain emergency circumstances, as defined by the Secretary by regulation.

“(1) IN GENERAL.—The Secretary shall issue a determination as to whether a charge or fee assessed by the Corporation for the use of air traffic services in United States airspace or international airspace delegated to the United States is correct if a written complaint for such determination is filed with the Secretary by an air traffic services user not later than 60 days after the air traffic services user receives an assessment or invoice from the Corporation.

“(2) TREATMENT OF INTEREST AND PENALTIES.—In this section, the terms ‘charge’ and ‘fee’ include any interest and penalty relating thereto.

“(1) Not later than 90 days after an air traffic services user files with the Secretary a written complaint relating to an assessed or invoiced air traffic services charge or fee, the Secretary shall issue a final order determining whether the charge or fee is correct.

“(2) Not later than 30 days after such complaint is filed with the Secretary, the Secretary shall dismiss the complaint if no significant dispute exists or shall assign the matter to an administrative law judge. Thereafter, the matter shall be handled in accordance with part 302 of title 14, Code of Federal Regulations, or as modified by the Secretary, to ensure an orderly disposition of the matter within the 90-day period referred to in paragraph (1) and any 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 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 subsection in the Circuit Court of Appeals for the District 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 substantial 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.

“(1) PAYMENT UNDER PROTEST.—

“(2) GUARANTEE OF AIR TRAFFIC SERVICES USER ACCESS.—Contingent upon an air traffic services 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 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 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 requirements of paragraph (1), the Corporation shall withhold air traffic services from the user if the Corporation requests and receives approval from the Secretary to withhold air traffic services.

“(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 information referred to in paragraphs (1) and (2).

“(1) noncompliance with or deviations from air traffic control clearances or instructions;

“(2) noncompliant operations in controlled airspace or special use airspace; and

“(3) any other observed activities endangering persons or property in the air or on the ground.

“(1) IN GENERAL.—The regulations and standards prescribed under section 90501(a)(1) shall include procedures for the Secretary to evaluate, under section 90501(c), a proposal for an airspace change, including an airspace reclassification, that results from the proposed closure of a tower that is operating under a contract with the Corporation and that, prior to the date of transfer, was operated under a contract with the Secretary pursuant to section 47124.

“(2) PROCEDURES.—The procedures required pursuant to paragraph (1) shall include—

“(1) a copy of the Corporation’s proposal;

“(2) available data on the usage of the affected air traffic service or air navigation facility;

“(3) an assessment of the designated officer on the effects of the proposal; and

“(4) an assessment of the designated officer on any proposed action to mitigate the loss of or material reduction in access to the public-use airport or adjacent airspace.

“(1) determine whether the proposal is in the public interest, including whether any material reduction in access to a public-use airport or adjacent airspace has been mitigated to the maximum extent practicable; and

“(2) approve or disapprove the proposal on that basis.

“(1) shall be subject to the process established in this section; and

“(2) may not be implemented unless approved under this section.

“(1) WRITTEN PETITION FOR REVIEW.—A petition for an appeal of a decision of the designated officer under subsection (c) shall be submitted in writing to the Secretary not later than 30 days after the date of the decision.

“(2) SECRETARIAL REVIEW.—The Secretary shall review and make a determination with respect to a timely filed petition under paragraph (1) not later than 30 days after the date of receipt of the petition.

“(1) the safe operation or navigation of an aircraft; or

“(2) the sufficiency of mitigation efforts related to a material reduction in access to a public-use airport or adjacent airspace.

“(1) IN GENERAL.—Any determination made by the Secretary under subsection (e)(2) shall be subject to judicial review pursuant to subsections (a), (b), (d), and (e) of section 46110.

“(2) STANDARD OF REVIEW.—

“(A) IN GENERAL.—The term ‘air traffic controller’ means an employee of the Corporation who, in an air traffic control facility or flight service station facility—

“(B) LIMITATION.—Notwithstanding subparagraph (A), the definition of ‘air traffic controller’ for purposes of section 8336(e) of chapter 83 of title 5 and section 8412(e) of chapter 84 of such title shall mean only employees actively engaged in the separation of air traffic and the immediate supervisors of such employees, as set forth in section 8331(30) of such title, and section 8401(35) of such title.

“(1) IN GENERAL.—Except as otherwise provided by law, the CEO shall classify and fix the compensation and benefits of employees in the Corporation.

“(2) NEGOTIATIONS.—In developing, making changes to, and implementing wages, hours, and other terms and conditions of employment, including when establishing the compensation and benefits program under section 90316(c), the Corporation shall negotiate with exclusive representatives recognized under section 91105.

“(3) BEFORE DATE OF TRANSFER.—For purposes of paragraph (2), before the date of transfer, the term ‘exclusive representatives recognized under section 91105’ shall refer to labor organizations recognized under section 7111 of title 5 as exclusive representatives of FAA employees.

“(1) FEDERAL RETIREMENT BENEFITS.—

“(2) PAYMENTS TO CIVIL SERVICE RETIREMENT 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—

“(3) THRIFT SAVINGS FUND.—The Corporation shall pay to the Thrift Savings Fund such employee and agency contributions as are required by section 8432 of title 5 for employees who elect to retain their coverage under FERS pursuant to paragraph (1).

“(4) HEALTH BENEFITS PLAN ELECTION.—Any employee of the Corporation who was subject to the Federal Employees Health Benefits Program under chapter 89 of title 5 (in this section referred to as ‘FEHBP’) on the day immediately preceding the date of transfer shall have the option to receive health benefits from a health benefit plan established by the Corporation under section 90316(c) or to continue coverage under FEHBP without interruption.

“(5) PAYMENTS TO EMPLOYEES HEALTH BENEFITS FUND.—For employees of the Corporation who elect to retain their coverage under FEHBP pursuant to paragraph (4), the Corporation shall pay to the Employees Health Benefits Fund—

“(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 employees who retire from the Corporation after the date of transfer under either CSRS or FERS, for survivors of such retired employees, and for survivors of employees of the 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 Corporation who was subject to the provisions of subchapter I of chapter 85 (concerning unemployment compensation) and chapters 87 (concerning life insurance), 89A (concerning enhanced dental benefits), and 89B (concerning enhanced vision benefits) of title 5 shall have the option to continue coverage under such provisions without interruption in lieu of applicable coverage by the Corporation’s employee benefits system established under section 90316(c). The Corporation shall withhold from pay, and shall make contributions, under the provisions of title 5 referred to in this subsection at the same rates applicable to agencies of the Federal Government for such employees.

“(8) WORKERS COMPENSATION.—Officers and employees of the Corporation shall be covered by, and shall be considered employees for purposes of, subchapter I of chapter 81 of title 5 (concerning compensation for work injuries). The Corporation shall make contributions to the Employees’ Compensation 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 consistent with law, the Non-Foreign Area Retirement Equity Assurance Act of 2009 shall apply to officers and employees of the Corporation transferred under section 90316.

“(10) TRANSFER OF LEAVE.—Sick and annual leave, credit hours, and compensatory time of officers and employees of the Corporation, whether accrued before or after the date of transfer, shall be obligations of the Corporation under the provisions of this chapter.

“(11) WHISTLEBLOWER PROTECTION.—Neither the Corporation, nor any officer or employee of the Corporation, may take any action described in subsection (b)(8), (b)(9), or (b)(13), or the final paragraph of subsection (b), of section 2302 of title 5 (relating to whistleblower protection).

“(1) PREVIOUS CERTIFICATIONS.—Notwithstanding subsection (a) or (b), the Authority shall not recognize or certify any bargaining unit different than the bargaining units previously certified by the Authority prior to the date described in section 91105(g).

“(2) SUPERVISORS AND MANAGEMENT OFFICIALS.—Notwithstanding section 7135(a)(2) of title 5, a bargaining unit may not include, or be modified to include, any supervisor or management official, as those terms are defined in section 7103(a) of title 5.

“(1) to include in the unit any employees who are not represented by a labor organization, or

“(2) to merge bargaining units that are represented by the same labor organization,

“(1) IN GENERAL.—Notwithstanding section 91103, section 7115 of title 5 shall not apply to this chapter.

“(2) DUES.—When a labor organization holds exclusive recognition, the Corporation shall deduct the regular and periodic dues, initiation fees, and assessments (not including fines and penalties) of the organization from the pay of all members of the organization in the unit of recognition if the Corporation (or, before the date of transfer, the Agency) has received from each employee, on whose account such deductions are made, a written assignment which shall be irrevocable for a period of not more than 1 year.

“(3) CONTINUATION.—Any agreement described in subsection (c) that provides for deduction by the Agency of the regular and periodic dues, initiation fees, and assessments (not including fines and 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 assumed by the Corporation. No such deduction may be made from the pay of any employee except on the employee’s written assignment, which shall be irrevocable for a period of not more than 1 year.

“(1) IN GENERAL.—If, prior to 90 days after the expiration of the term collective-bargaining agreement or 90 days after the parties begin mid-term negotiations, the Corporation and the exclusive bargaining representative of the employees of the Corporation (in this section referred to collectively as the ‘parties’) do not reach an agreement under sections 7114(a)(1), 7114(a)(4), and 7114(b) of title 5 (as such sections apply to the Corporation under this chapter), or section 91106(d) of this chapter, the Corporation and the bargaining representative shall use the mediation services of the Service to 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 period under paragraph (1) may not exceed 60 days unless extended by written agreement of the parties.

“(1) THREE MEMBER PRIVATE ARBITRATION BOARD.—If the mediation services of the Service under subsection (a)(1) do not lead to the resolution of issues in controversy arising from the negotiation of a term collective-bargaining agreement, the parties shall submit their issues in controversy to a private arbitration board consisting of 3 members.

“(2) APPOINTMENT OF ARBITRATION BOARD.—

“(3) FRAMING ISSUES IN CONTROVERSY.—If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues.

“(4) HEARINGS.—The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence and witnesses in support of their claims and an opportunity to present their case in person, by counsel, or by other representative as they may elect.

“(5) DECISIONS.—The arbitration board shall render its written decision not later than 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties.

“(6) EVIDENCE.—The arbitration board shall consider and afford the proper weight to all of the evidence presented by the parties.

“(7) COSTS.—The parties shall share costs of the arbitration equally.

“(1) subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative; and

“(2) subject to approval by the head of the Corporation in accordance with section 7114(c) of title 5.

“(1) PREPARATION OF LIST OF ARBITRATORS.—If the mediation services of the Service under subsection (a) do not lead to the resolution of issues in controversy arising from the negotiation of a mid-term collective-bargaining agreement, the Director shall provide the parties a list of not fewer than 10 names of arbitrators of nationwide reputation and professional stature with at least 20 years of experience in labor-management arbitration and considerable experience in interest arbitration in major industries.

“(2) SELECTION OF ARBITRATOR.—The parties shall alternately strike names on the list, beginning with the party chosen on a random basis, until one arbitrator remains.

“(3) DECISION.—The arbitrator shall hold a hearing, and not later than 90 days after date of the appointment of the arbitrator, issue a written decision resolving the issues in controversy. The decision shall be conclusive and binding upon the parties.

“(1) the Corporation as if it were the employer referred to in such agreement or supplement;

“(2) the bargaining representative that is a party to the agreement or supplement; and

“(3) the employees of the Corporation in the bargaining unit with respect to whom that bargaining representative has been certified.

“(1) IN GENERAL.—Notwithstanding section 91103, section 7122 of title 5 shall not apply to this chapter.

“(2) ACTIONS TO VACATE.—Either party to grievance arbitration under this chapter may file an action pursuant to section 91110(a) to enforce the arbitration process or to vacate or enforce an arbitration award. An arbitration award may only be vacated on the grounds, and pursuant to the standards, that would be applicable to an action to vacate an arbitration award brought in the Federal courts under section 301 of the Labor Management Relations Act, 1947 (29 U.S.C. 185).

“(1) participating in a strike, work stoppage, or slowdown against the Corporation; or

“(2) picketing the Corporation in a labor-management dispute if such picketing interferes with the Corporation’s operations.

“(1) in the district in which such organization maintains its principal offices; or

“(2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members.

“(1) IN GENERAL.—Completed administrative actions of the Department of Transportation or the FAA shall not be affected by the enactment of this subtitle, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law.

“(2) COMPLETED ADMINISTRATIVE ACTION DEFINED.—In paragraph (1), the term ‘completed administrative action’ includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges.

“(1) PENDING ACTIONS AND PROCEEDINGS.—The provisions of this subtitle shall not affect any proceedings of the Department of Transportation or the FAA pending on the date of transfer, including—

“(2) EFFECT OF ORDERS.—Orders issued in any proceedings referred to in paragraph (1) shall continue in effect until modified, terminated, superseded, or revoked in accordance with law. Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subtitle had not been enacted.