[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 468 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 468

 To provide for the rehiring by the Federal Aviation Administration of 
                certain former air traffic controllers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1993

 Mr. Oberstar introduced the following bill; which was referred to the 
               Committee on Post Office and Civil Service

_______________________________________________________________________

                                 A BILL


 
 To provide for the rehiring by the Federal Aviation Administration of 
                certain former air traffic controllers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Treatment of Former Air Traffic 
Controllers Act of 1993''.

SEC. 2. SUITABILITY OF AIR TRAFFIC CONTROLLERS WHO PARTICIPATED IN THE 
              1981 STRIKE.

    (a) Authority To Appoint or Reinstate Certain Former Air Traffic 
Controllers.--Air traffic controllers whose appointment was terminated 
on account of the strike of air traffic controllers which began on or 
about August 3, 1981, shall not, as a class, be considered unsuitable 
for appointment or reinstatement in the Federal Aviation 
Administration. Determinations of suitability for appointment or 
reinstatement to any such position shall be made on a case-by-case 
basis by the Office of Personnel Management in accordance with part 731 
of title 5 of the Code of Federal Regulations (as in effect on June 1, 
1986).
    (b) Limitation on Claims Against U.S.--
            (1) In general.--Except as provided in paragraph (2), no 
        claim may lie against the Government of the United States, or 
        any officer, employee, or agency thereof, based on a failure to 
        appoint or reinstate a particular individual as a result of 
        enactment of this Act.
            (2) Claims based on discrimination.--Nothing in this 
        subsection shall preclude a claim based on discrimination on 
        the basis of race, color, religion, sex, or national origin.
    (c) Nonapplicability of Age Limitation.--Nothing in section 3307(b) 
of title 5, United States Code, or in any rule or regulation prescribed 
thereunder, shall apply with respect to appointments made as a result 
of enactment of this Act.
    (d) Regulations.--The Secretary of Transportation may prescribe 
regulations to carry out this section (excluding the second sentence of 
subsection (a)).
    (e) Definition.--For the purposes of this section, the term ``air 
traffic controller'' has the meaning given such term by section 2109 of 
title 5, United States Code.

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