[House Report 114-771]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-771
======================================================================
FEDERAL AVIATION ADMINISTRATION VETERAN TRANSITION IMPROVEMENT ACT OF
2016
_______
September 20, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 5957]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5957) to include disabled veteran
leave in the personnel management system of the Federal
Aviation Administration, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Advisory of Earmarks............................................. 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Mandate Statement........................................ 4
Preemption Clarification......................................... 4
Advisory Committee Statement..................................... 4
Applicability of Legislative Branch.............................. 5
Section-by-Section Analysis of Legislation....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose of Legislation
H.R. 5957 grants veterans with certain service-connected
disabilities employed by the Federal Aviation Administration
additional leave for medical treatment consistent with the
Wounded Warriors Federal Leave Act (Public Law 114-75).
Background and Need for Legislation
H.R. 5957 would extend the protections of the Wounded
Warriors Federal Leave Act to employees of the Federal Aviation
Administration. The Wounded Warriors Federal Leave Act allows
veterans with service-connected disabilities of 30 percent or
more who are newly hired by the federal government to receive
up to 104 hours of paid leave to undergo treatment for such
disabilities during their first year of employment.
This legislation is necessary because previous reforms to
the Federal Aviation Administration's personnel and acquisition
authorities removed automatic application of title 5, United
States Code federal employment provisions. As a result, the
Wounded Warriors Federal Leave Act applies to veterans newly
employed by most federal agencies, but not those employed by
the Federal Aviation Administration. H.R. 5957 ensures veterans
newly employed by the Federal Aviation Administration are
eligible for such benefits.
Hearings
No hearings were held on H.R. 5957.
Legislative History and Consideration
On September 8, 2016, Representative Rick Larsen (D-WA)
introduced, for himself and Representative Frank LoBiondo (R-
NJ), H.R. 5957, a bill to include disabled veteran leave in the
personnel management system of the Federal Aviation
Administration.
On September 14, 2016, the Committee on Transportation and
Infrastructure met in open session. The Committee ordered the
bill reported favorably to the House of Representatives by
voice vote with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H.R. 5957.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 5957 from the
Director of the Congressional Budget Office:
September 19, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5957, the Federal
Aviation Administration Veteran Transition Improvement Act of
2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
H.R. 5957--Federal Aviation Administration Veteran Transition
Improvement Act of 2016
Under current law, the personnel management system of the
Federal Aviation Administration (FAA) is exempt from many of
the requirements of Title V of the United States Code, which
governs the organization and personnel policies of most federal
civilian agencies. H.R. 5957 would require the FAA to adopt
policies, specified in Title V, related to the use of medical
leave by certain disabled veterans.
CBO estimates that enacting H.R. 5957 would not affect the
federal budget. According to the FAA, the agency is already in
the process of updating its personnel policies to provide
medical leave benefits for disabled veterans that are
consistent with the provisions of Title V. As a result, CBO
estimates that enacting H.R. 5957 would have no further effect
on the agency's personnel policies or federal spending for the
compensation and benefits of FAA employees, which is subject to
appropriation. H.R. 5957 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5957 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 5957 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
include disabled veteran leave in the personnel management
system of the Federal Aviation Administration thereby ensuring
parity between veterans at the Federal Aviation Administration
and other federal agencies.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 5957 establishes
or reauthorizes a program of the federal government known to be
duplicative of another federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee finds that enacting H.R. 5957 does not direct the
completion of a specific rule making within the meaning of
section 551 of title 5, United States Code.
Federal Mandate Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 5957 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of Legislation
Section 1. Short title
The short title of the bill is the ``Federal Aviation
Administration Veteran Transition Improvement Act of 2016.''
Section 2. Inclusion of disabled veteran leave in Federal Aviation
Administration personnel management system
Section 2 amends section 40122 of title 49, United States
Code to apply 5 U.S.C. 6329 to the Federal Aviation
Administration personnel management system.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
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) Dispute resolution.--
(A) Mediation.--If the Administrator does not
reach an agreement under paragraph (1) or the
provisions referred to in subsection (g)(2)(C)
with the exclusive bargaining representative of
the employees, the Administrator and the
bargaining representative--
(i) shall use the services of the
Federal Mediation and Conciliation
Service to attempt to reach such
agreement in accordance with part 1425
of title 29, Code of Federal
Regulations (as in effect on the date
of enactment of the FAA Modernization
and Reform Act of 2012); or
(ii) may by mutual agreement adopt
alternative procedures for the
resolution of disputes or impasses
arising in the negotiation of the
collective-bargaining agreement.
(B) Mid-term bargaining.--If the services of
the Federal Mediation and Conciliation Service
under subparagraph (A)(i) do not lead to the
resolution of issues in controversy arising
from the negotiation of a mid-term collective-
bargaining agreement, the Federal Service
Impasses Panel shall assist the parties in
resolving the impasse in accordance with
section 7119 of title 5.
(C) Binding arbitration for term
bargaining.--
(i) Assistance from federal service
impasses panel.--If the services of the
Federal Mediation and Conciliation
Service under subparagraph (A)(i) do
not lead to the resolution of issues in
controversy arising from the
negotiation of a term collective-
bargaining agreement, the Administrator
and the exclusive bargaining
representative of the employees (in
this subparagraph referred to as the
``parties'') shall submit their issues
in controversy to the Federal Service
Impasses Panel. The Panel shall assist
the parties in resolving the impasse by
asserting jurisdiction and ordering
binding arbitration by a private
arbitration board consisting of 3
members.
(ii) Appointment of arbitration
board.--The Executive Director of the
Panel shall provide for the appointment
of the 3 members of a private
arbitration board under clause (i) by
requesting the Director of the Federal
Mediation and Conciliation Service to
prepare a list of not less than 15
names of arbitrators with Federal
sector experience and by providing the
list to the parties. Not later than 10
days after receiving the list, the
parties shall each select one person
from the list. The 2 arbitrators
selected by the parties shall then
select a third person from the list not
later than 7 days after being selected.
If either of the parties fails to
select a person or if the 2 arbitrators
are unable to agree on the third person
in 7 days, the parties shall make the
selection by alternately striking names
on the list until one arbitrator
remains.
(iii) Framing issues in
controversy.--If the parties do not
agree on the framing of the issues to
be submitted for arbitration, the
arbitration board shall frame the
issues.
(iv) Hearings.--The arbitration board
shall give the parties a full and fair
hearing, including an opportunity to
present evidence in support of their
claims and an opportunity to present
their case in person, by counsel, or by
other representative as they may elect.
(v) Decisions.--The arbitration board
shall render its decision within 90
days after the date of its appointment.
Decisions of the arbitration board
shall be conclusive and binding upon
the parties.
(vi) Matters for consideration.--The
arbitration board shall take into
consideration such factors as--
(I) the effect of its
arbitration decisions on the
Federal Aviation
Administration's ability to
attract and retain a qualified
workforce;
(II) the effect of its
arbitration decisions on the
Federal Aviation
Administration's budget; and
(III) any other factors whose
consideration would assist the
board in fashioning a fair and
equitable award.
(vii) Costs.--The parties shall share
costs of the arbitration equally.
(3) Ratification of agreements.--Upon reaching a
voluntary agreement or at the conclusion of the binding
arbitration under paragraph (2)(C), the final
agreement, except for those matters decided by an
arbitration board, shall be subject to ratification by
the exclusive bargaining representative of the
employees, if so requested by the bargaining
representative, and the final agreement shall be
subject to approval by the head of the agency in
accordance with the provisions referred to in
subsection (g)(2)(C).
(4) 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.
(5) 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;
(H) sections 1204, 1211-1218, 1221, and 7701-
7703, relating to the Merit Systems Protection
Board[; and];
(I) subsections (b), (c), and (d) of section
4507 (relating to Meritorious Executive or
Distinguished Executive rank awards) and
subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or
Distinguished Senior Professional rank awards),
except that--
(i) for purposes of applying such
provisions to the personnel management
system--
(I) the term ``agency'' means
the Department of
Transportation;
(II) the term ``senior
executive'' means a Federal
Aviation Administration
executive;
(III) the term ``career
appointee'' means a Federal
Aviation Administration career
executive; and
(IV) the term ``senior career
employee'' means a Federal
Aviation Administration career
senior professional;
(ii) receipt by a career appointee or
a senior career employee of the rank of
Meritorious Executive or Meritorious
Senior Professional entitles the
individual to a lump-sum payment of an
amount equal to 20 percent of annual
basic pay, which shall be in addition
to the basic pay paid under the Federal
Aviation Administration Executive
Compensation Plan; and
(iii) receipt by a career appointee
or a senior career employee of the rank
of Distinguished Executive or
Distinguished Senior Professional
entitles the individual to a lump-sum
payment of an amount equal to 35
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan[.]; and
(J) subject to paragraph (4) of this
subsection, section 6329, relating to disabled
veteran leave.
(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.
Notwithstanding any other provision of law, retroactive
to April 1, 1996, the Board shall have the same
remedial authority over such employee appeals that it
had as of March 31, 1996.
(4) Certification of disabled veteran leave.--In
order to verify that leave credited to an employee
pursuant to paragraph (2)(J) is used for treating a
service-connected disability, that employee shall,
notwithstanding section 6329(c) of title 5, submit to
the Assistant Administrator for Human Resource
Management of the Federal Aviation Administration
certification, in such form and manner as the
Administrator of the Federal Aviation Administration
may prescribe, that the employee used that leave for
purposes of being furnished treatment for that
disability by a health care provider.
[(4)] (5) 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.
* * * * * * *
[all]