[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 73 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 73

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

    Mr. Metzenbaum (for himself and Mr. Lautenberg) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 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.--
            (1) In general.--Air traffic controllers whose appointment 
        was terminated due to 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.
            (2) Determinations of suitability.--Determinations of 
        suitability for appointment or reinstatement to any position 
        referred to paragraph (1) 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 the 
        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 the 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 purposes of this section, the term ``air 
traffic controller'' has the same meaning as in section 2109 of title 
5, United States Code.

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