[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5251 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5251

  To provide equitable pay to air traffic managers, supervisors, and 
  specialists of the Federal Aviation Administration at regional and 
            headquarters locations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2002

 Mr. Manzullo introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
  To provide equitable pay to air traffic managers, supervisors, and 
  specialists of the Federal Aviation Administration at regional and 
            headquarters locations, and for other purposes.

    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 ``Air Traffic Equity Act of 2002''.

SEC. 2. FINDINGS AND DEFINITIONS.

    (a) Findings.--Congress finds the following:
            (1) The Federal Aviation Administration (in this section 
        referred to as the ``FAA'') requested an exemption from Federal 
        personnel regulations to create a performance-based system.
            (2) The Administrator of the FAA elected to implement a 
        system adversely impacting air traffic employees and contrary 
        to the basic tenets of fairness and Federal employment in 
        general.
            (3) The report of the General Accounting Office on managers 
        and supervisors identified the FAA as worse, in general, than 
        the rest of the Government in multiple aspects.
            (4) The Inspector General of the Department of 
        Transportation found that the new FAA compensation system is 
        inequitable, imposes disparate compensation on employees, has 
        no link between pay and performance, and is not based on 
        experience, qualifications, position, duties, or 
        responsibilities.
            (5) The Committee on Appropriations of the House of 
        Representatives concluded that the personnel reform efforts of 
        the FAA have been a failure and should receive special review 
        in future reauthorizations.
            (6) An independent study by the National Academy of Public 
        Administration found that the FAA has not met many of the key 
        goals of personnel reform.
            (7) The Administrator of the FAA has ignored all 
        applications for redress to correct these ongoing disparities 
        and the inequitable treatment of employees.
            (8) These actions elicit from FAA employees a sense of 
        betrayal of trust and commitment at a critical juncture in the 
        national response to security events.
            (9) The actions of the Administrator of the FAA violate the 
        basic tenets from which the exemption to Federal personnel 
        regulations were requested and authorized.
    (b) Definitions.--In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Air traffic control specialized compensation system.--
        The term ``air traffic control specialized compensation 
        system'' means the compensation system implemented beginning on 
        October 1, 1998, for air traffic controllers in conjunction 
        with a collective bargaining agreement with the National Air 
        Traffic Controllers Association.
            (3) Air traffic controller.--The term ``air traffic 
        controller'' means an employee of the Federal Aviation 
        Administration in a position classified in the 2152 occupation 
        series in the Federal Wage System, regardless of the employee's 
        assigned location or position.
            (4) Air traffic mss employee.--The term ``air traffic MSS 
        employee'' means an air traffic controller assigned as a 
        manager, supervisor, or staff specialist or any additional 
        employee designated by the Administrator or the Director of the 
        Air Traffic Service as critical to accomplishing the air 
        traffic control mission of the Federal Aviation Administration.
            (5) Covered air traffic mss employee.--The term ``covered 
        air traffic MSS employee'' means an air traffic MSS employee 
        covered by the air traffic control specialized compensation 
        system.
            (6) FAA field facilities.--The term `FAA field facilities' 
        means the air traffic control towers, terminal radar approach 
        controls, and enroute centers of the Federal Aviation 
        Administration.
            (7) FAA headquarters.--The term ``FAA headquarters'' means 
        the headquarters of the Federal Aviation Administration in 
        Washington, D.C., including organizations that have elements 
        that are physically resident at other locations (such as the 
        Federal Aviation Administration Academy and the William J. 
        Hughes Technical Center).
            (8) FAA regional offices.--The term ``FAA regional 
        offices'' means the 9 regional offices of the Federal Aviation 
        Administration.
            (9) Uncovered air traffic mss employee.--The term 
        ``uncovered air traffic MSS employee'' means an air traffic MSS 
        employee not covered by the air traffic control specialized 
        compensation system.

SEC. 3. ADJUSTMENT IN PAYMENT RATES.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Administrator shall adjust the annual rates of basic 
pay applicable to uncovered air traffic MSS employees to align the 
rates with the annual rates of basic pay applicable to covered air 
traffic MSS employees.
    (b) Adjustments.--In adjusting annual rates of basic pay under 
subsection (a), the Administrator shall--
            (1) align staff specialists assigned to FAA field 
        facilities with MSS-1 positions under the air traffic control 
        specialized compensation system;
            (2) align staff specialists assigned to FAA regional 
        offices and FAA headquarters with MSS-2 positions under the air 
        traffic control specialized compensation system;
            (3) align special assistants assigned to FAA regional 
        offices and FAA headquarters, and branch managers assigned to 
        FAA headquarters, with MSS-3 positions under the air traffic 
        control specialized compensation system; and
            (4) align branch managers assigned to FAA regional offices, 
        and division mangers and deputy division managers assigned to 
        FAA Headquarters, with MSS-4 positions under the air traffic 
        control specialized compensation system.
    (c) Pay Level.--The adjusted annual rate of basic pay established 
under subsection (a) for an uncovered air traffic MSS employee shall be 
based on the highest air traffic control level in the employee's 
geographic area of responsibility.
    (d) Increases.--With respect to an employee who was employed as an 
uncovered air traffic MSS employee during all or any portion of the 
period beginning on October 1, 1998, and ending on the date of 
enactment of this Act, the adjusted annual rate of pay of the employee 
established under subsection (a) shall take into account any increase 
that the employee would have received had the employee been covered by 
the air traffic control specialized compensation system during the 
period of such employment.
    (e) Limitation.--The Administrator shall not reduce the annual rate 
of basic pay of any employee as the result of a pay adjustment under 
this section.

SEC. 4. LUMP SUM PAYMENT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, and subject to amounts being made available in advance in 
appropriations Acts, the Administrator shall make a lump sum payment to 
each individual employed as an uncovered air traffic MSS employee 
during all or any portion of the period beginning on October 1, 1998, 
and ending on the date of enactment of this Act, including former air 
traffic MSS employees.
    (b) Amount of Payment.--The amount of a lump sum payment to an 
employee under subsection (a) shall equal the difference between--
            (1) the amount of basic pay that the employee would have 
        received for employment as an air traffic MSS employee in the 
        period beginning on October 1, 1998, and ending on the date of 
        enactment of this subsection had the employee been covered by 
        the air traffic control specialized compensation system during 
        the period of such employment; and
            (2) the amount of basic pay actually received by the 
        employee for such employment in such period.
    (c) Inclusion of Retirement Benefits.--In determining the amount of 
basic pay of an employee under this section, the Administrator shall 
include future retirement benefits attributable to the employee's 
annual rate of basic pay, as estimated by the Administrator.

SEC. 5. TREATMENT OF GROUPS OF EMPLOYEES.

    In calculating the amount of a pay adjustment under section 3 and a 
lump sum payment under section 4, the Administrator may group employees 
in similar positions, in similar locations, and with similar lengths of 
service in order to avoid making a separate calculation with respect to 
each employee.

SEC. 6. INDIVIDUAL APPEAL RIGHTS.

    (a) In General.--An individual aggrieved by a final determination 
under this Act shall be entitled to appeal such determination to the 
Merit Systems Protection Board under title 5, United States Code, or 
through any contractual grievance procedure that is applicable to the 
employee as a member of a collective bargaining unit.
    (b) Compensation Appeals.--The Office of Personnel Management shall 
by regulation establish procedures under which individuals may bring an 
appeal to the Office with respect to any failure to have been properly 
compensated in accordance with this Act. A final determination under 
this subsection shall be appealable under subsection (a).
    (c) Election of Forum.--Where a determination may be contested 
through more than one of the indicated forums (such as the contractual 
grievance procedure 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 
authorized by law.

SEC. 7. COORDINATION WITH UNIONS.

    The Administrator shall promptly coordinate implementation of the 
requirements of this Act with the unions representing employees 
affected by this Act. If an agreement is not reached within sufficient 
time to implement the provisions of this Act by the specified 
deadlines, the lack of an agreement shall not delay that implementation 
for those employees for whom an agreement has been reached or where 
such an agreement is not required.
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