US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC40122]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40122. Federal Aviation Administration personnel management 
        system
        
    (a) In General.--
        (1) Consultation and negotiation.--In developing and making 
    changes to the personnel management system initially implemented by 
    the Administrator of the Federal Aviation Administration on April 1, 
    1996, the Administrator shall negotiate with the exclusive 
    bargaining representatives of employees of the Administration 
    certified under section 7111 of title 5 and consult with other 
    employees of the Administration.
        (2) Mediation.--If the Administrator does not reach an agreement 
    under paragraph (1) with the exclusive bargaining representatives, 
    the services of the Federal Mediation and Conciliation Service shall 
    be used to attempt to reach such agreement. If the services of the 
    Federal Mediation and Conciliation Service do not lead to an 
    agreement, the Administrator's proposed change to the personnel 
    management system shall not take effect until 60 days have elapsed 
    after the Administrator has transmitted the proposed change, along 
    with the objections of the exclusive bargaining representatives to 
    the change, and the reasons for such objections, to Congress. The 
    60-day period shall not include any period during which Congress has 
    adjourned sine die.
        (3) Cost savings and productivity goals.--The Administration and 
    the exclusive bargaining representatives of the employees shall use 
    every reasonable effort to find cost savings and to increase 
    productivity within each of the affected bargaining units.
        (4) Annual budget discussions.--The Administration and the 
    exclusive bargaining representatives of the employees shall meet 
    annually for the purpose of finding additional cost savings within 
    the Administration's annual budget as it applies to each of the 
    affected bargaining units and throughout the agency.

    (b) Expert Evaluation.--On the date that is 3 years after the 
personnel management system is implemented, the Administration shall 
employ outside experts to provide an independent evaluation of the 
effectiveness of the system within 3 months after such date. For this 
purpose, the Administrator may utilize the services of experts and 
consultants under section 3109 of title 5 without regard to the 
limitation imposed by the last sentence of section 3109(b) of such 
title, and may contract on a sole source basis, notwithstanding any 
other provision of law to the contrary.
    (c) Pay Restriction.--No officer or employee of the Administration 
may receive an annual rate of basic pay in excess of the annual rate of 
basic pay payable to the Administrator.
    (d) Ethics.--The Administration shall be subject to Executive Order 
No. 12674 and regulations and opinions promulgated by the Office of 
Government Ethics, including those set forth in section 2635 of title 5 
of the Code of Federal Regulations.
    (e) Employee Protections.--Until July 1, 1999, basic wages 
(including locality pay) and operational differential pay provided 
employees of the Administration shall not be involuntarily adversely 
affected by reason of the enactment of this section, except for 
unacceptable performance or by reason of a reduction in force or 
reorganization or by agreement between the Administration and the 
affected employees' exclusive bargaining representative.
    (f) Labor-Management Agreements.--Except as otherwise provided by 
this title, all labor-management agreements covering employees of the 
Administration that are in effect on the effective date of the Air 
Traffic Management System Performance Improvement Act of 1996 shall 
remain in effect until their normal expiration date, unless the 
Administrator and the exclusive bargaining representative agree to the 
contrary.
    (g) Personnel Management System.--
        (1) In general.--In consultation with the employees of the 
    Administration and such non-governmental experts in personnel 
    management systems as he may employ, and notwithstanding the 
    provisions of title 5 and other Federal personnel laws, the 
    Administrator shall develop and implement, not later than January 1, 
    1996, a personnel management system for the Administration that 
    addresses the unique demands on the agency's workforce. Such a new 
    system shall, at a minimum, provide for greater flexibility in the 
    hiring, training, compensation, and location of personnel.
        (2) Applicability of title 5.--The provisions of title 5 shall 
    not apply to the new personnel management system developed and 
    implemented pursuant to paragraph (1), with the exception of--
            (A) section 2302(b), relating to whistleblower protection, 
        including the provisions for investigation and enforcement as 
        provided in chapter 12 of title 5;
            (B) sections 3308-3320, relating to veterans' preference;
            (C) chapter 71, relating to labor-management relations;
            (D) section 7204, relating to antidiscrimination;
            (E) chapter 73, relating to suitability, security, and 
        conduct;
            (F) chapter 81, relating to compensation for work injury;
            (G) chapters 83-85, 87, and 89, relating to retirement, 
        unemployment compensation, and insurance coverage; and
            (H) sections 1204, 1211-1218, 1221, and 7701-7703, relating 
        to the Merit Systems Protection Board.

        (3) Appeals to merit systems protection board.--Under the new 
    personnel management system developed and implemented under 
    paragraph (1), an employee of the Administration may submit an 
    appeal to the Merit Systems Protection Board and may seek judicial 
    review of any resulting final orders or decisions of the Board from 
    any action that was appealable to the Board under any law, rule, or 
    regulation as of March 31, 1996.
        (4) Effective date.--This subsection shall take effect on April 
    1, 1996.

    (h) Right To Contest Adverse Personnel Actions.--An employee of the 
Federal Aviation Administration who is the subject of a major adverse 
personnel action may contest the action either through any contractual 
grievance procedure that is applicable to the employee as a member of 
the collective bargaining unit or through the Administration's internal 
process relating to review of major adverse personnel actions of the 
Administration, known as Guaranteed Fair Treatment, or under section 
40122(g)(3).
    (i) Election of Forum.--Where a major adverse personnel action may 
be contested through more than one of the indicated forums (such as the 
contractual grievance procedure, the Federal Aviation Administration's 
internal process, or that of the Merit Systems Protection Board), an 
employee must elect the forum through which the matter will be 
contested. Nothing in this section is intended to allow an employee to 
contest an action through more than one forum unless otherwise allowed 
by law.
    (j) Definition.--In this section, the term ``major adverse personnel 
action'' means a suspension of more than 14 days, a reduction in pay or 
grade, a removal for conduct or performance, a nondisciplinary removal, 
a furlough of 30 days or less (but not including placement in a nonpay 
status as the result of a lapse of appropriations or an enactment by 
Congress), or a reduction in force action.

(Added Pub. L. 104-264, title II, Sec. 253, Oct. 9, 1996, 110 Stat. 
3237; amended Pub. L. 106-181, title III, Secs. 307(a), 308, Apr. 5, 
2000, 114 Stat. 124, 126.)

                       References in Text

    Executive Order No. 12674, referred to in subsec. (d), is set out as 
a note under section 7301 of Title 5, Government Organization and 
Employees.
    The effective date of the Air Traffic Management System Performance 
Improvement Act of 1996, referred to in subsec. (f), is the date that is 
30 days after Oct. 9, 1996. See section 203 of Pub. L. 104-264, set out 
as an Effective Date of 1996 Amendment note under section 106 of this 
title.


                               Amendments

    2000--Subsec. (a)(2). Pub. L. 106-181, Sec. 308(a), inserted at end 
``The 60-day period shall not include any period during which Congress 
has adjourned sine die.''
    Subsec. (g). Pub. L. 106-181, Sec. 307(a), added subsec. (g).
    Subsecs. (h) to (j). Pub. L. 106-181, Sec. 308(b), added subsecs. 
(h) to (j).


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-181 applicable only to fiscal years 
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set 
out as a note under section 106 of this title.


                             Effective Date

    Section effective on date that is 30 days after Oct. 9, 1996, see 
section 203 of Pub. L. 104-264, set out as an Effective Date of 1996 
Amendment note under section 106 of this title.
    Except as otherwise specifically provided, section applicable only 
to fiscal years beginning after Sept. 30, 1996, and not to be construed 
as affecting funds made available for a fiscal year ending before Oct. 
1, 1996, see section 3 of Pub. L. 104-264, set out as an Effective Date 
of 1996 Amendment note under section 106 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 114 of this title.