well as the organizations the organizations or who oppose ATC individuals in favor of Privatization ATC Privatization HR 2997 CONS PROS § 90307. Fiduciary duties and qualifications of Directors Does not cure due process Nonairline (a) Fiduciary Duties.—The fiduciary duties of a Director shall be issues (see above) stakeholders hold solely and exclusively to the Corporation. Favoritism for specific 10 of the 13 proposed stakeholder groups in seats a super (b) Qualifications.— – (1) IN GENERAL.—Only a citizen of the United States may be derogation of the public majority on the board – appointed or nominated as a Director. interest and minority despite airlines (2) PROHIBITIONS.—An individual may not serve as a stakeholders could arise, for contributing the Director if the individual— example: majority of the flight (A) is an officer, agent, or employee of the Corporation (other - Establishing and assessing activity and almost than the CEO); charges and fees for different 100% of the revenue. (B) is, or has been within the preceding 2 years, a Member of of the airspace Congress; - Giving preference to (C) is an elected official serving in a State, local, or Tribal operators with certain types of government; equipment - Prioritizing a certain (D) is an officer or employee of the Federal Government or any State, local, or Tribal government; class/type of aircraft over (E) is a director, officer, trustee, agent, or employee of— another (i) a bargaining agent that represents employees of the - Making modernization Corporation; decisions requiring certain (ii) an entity that has a material interest as a supplier, client, or private entities to invest in user of the Corporation’s services; or certain types of equipment (iii) any of the entities determined under section 90305(c); - Choosing the locations where (F) receives any form of compensation or material benefit from modernization projects will be implemented first, thus an entity that has a material interest as a supplier, client, or user of the Corporation’s services, excluding compensation benefitting one airport or users from a defined benefit plan resulting from the individual’s past of that airspace employment; or
HR 2997 well as the organizations who oppose ATC Privatization CONS the organizations or individuals in favor of ATC Privatization PROS § 90307. Fiduciary duties and qualifications of Directors (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 Federal Government or any State, local, or Tribal government; (E) is a director, officer, trustee, agent, or employee of— (i) a bargaining agent that represents employees of the Corporation; (ii) an entity that has a material interest 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 material interest as a supplier, client, or user of the Corporation’s services, excluding compensation from a defined benefit plan resulting from the individual’s past employment; or Does not cure due process issues (see above) Favoritism for specific stakeholder groups in derogation of the public interest and minority stakeholders could arise, for example: - Establishing and assessing charges and fees for different of the airspace - Giving preference to operators with certain types of equipment - Prioritizing a certain class/type of aircraft over another - Making modernization decisions requiring certain private entities to invest in certain types of equipment - Choosing the locations where modernization projects will be implemented first, thus benefitting one airport or users of that airspace Nonairline stakeholders hold 10 of the 13 proposed seats – a super majority – on the board despite airlines contributing the majority of the flight activity and almost 100% of the revenue.
ATC+Privatization+Bill.docx