49 USC 40122 - Federal Aviation Administration personnel management system

Editorial Notes

References in Text

The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(2)(A)(i), is the date of enactment of Puspan. L. 112–95, which was approved Fespan. 14, 2012.

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 Puspan. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

Amendments

2021—Subsec. (g)(5), (6). Puspan. L. 116–283 added par. (5) and redesignated former par. (5) as (6).

2018—Subsec. (g)(2)(B). Puspan. L. 115–254 inserted “3304(f), to the extent consistent with the Federal Aviation Administration’s status as an excepted service agency,” before “3308–3320” and “3330a, 3330span, 3330c, and 3330d,” before “relating”.

2016—Subsec. (g)(2)(J). Puspan. L. 114–242, § 2(a), added subpar. (J).

Subsec. (g)(4), (5). Puspan. L. 114–242, § 2(span), added par. (4) and redesignated former par. (4) as (5).

2012—Subsec. (a)(2) to (5). Puspan. L. 112–95, § 601, added pars. (2) and (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “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.”

Subsec. (g)(2)(I). Puspan. L. 112–95, § 602, added subpar. (I).

Subsec. (g)(3). Puspan. L. 112–95, § 611, inserted at end “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.”

2000—Subsec. (a)(2). Puspan. L. 106–181, § 308(a), inserted at end “The 60-day period shall not include any period during which Congress has adjourned sine die.”

Subsec. (g). Puspan. L. 106–181, § 307(a), added subsec. (g).

Subsecs. (h) to (j). Puspan. L. 106–181, § 308(span), added subsecs. (h) to (j).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 116–283, div. A, title XI, § 1103(c)(2), Jan. 1, 2021, 134 Stat. 3887, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to any birth or placement occurring on or after October 1, 2020.”

Effective Date of 2000 Amendment

Amendment by Puspan. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. 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 Puspan. 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 Puspan. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.

Rule of Construction

Puspan. L. 116–283, div. A, title XI, § 1103(c)(3), Jan. 1, 2021, 134 Stat. 3887, provided that: “Nothing in this subsection, or any amendment made by this subsection [amending this section], may be construed to affect leave provided to an employee of the Transportation Security Administration before October 1, 2020.”

Deemed References to Chapters 509 and 511 of Title 51

General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Puspan. L. 111–314, set out as a note under section 101 of this title.

Office of Investigations and Professional Responsibility; Misconduct Investigations

Puspan. L. 116–260, div. V, title I, § 133(c), (d), Dec. 27, 2020, 134 Stat. 2355, provided that:

“(c)Office of Investigations and Professional Responsibility.—The Administrator shall take such action as may be necessary to redesignate the Office of Investigations of the Administration as the Office of Investigations and Professional Responsibility.

“(d)Misconduct Investigations.—

“(1)In general.—The Administrator shall review and revise the Administration’s existing investigative policies that govern the investigation of misconduct by a manager of the Administration conducted by the FAA (in this subsection referred to as the ‘Agency’).

“(2)Preservation of collective bargaining agreements.—The investigative policy established under paragraph (1) shall not apply to, or in the future, be extended by the Administrator to apply to, any employee who is not a manager or is covered by or eligible to be covered by a collective bargaining agreement entered into by the Agency.

“(3)Requirements.—In revising the investigative policies, the Administrator shall ensure such policies require—

“(A) the utilization of investigative best practices to ensure independent and objective investigation and accurate recording and reporting of such investigation;

“(B) the management of case files to ensure the integrity of the information contained in such case files;

“(C) interviews be conducted in a manner that ensures, to the greatest extent possible, truthful answers and accurate records of such interviews;

“(D) coordination with the Office of the Inspector General of the Department of Transportation, the Office of the Special Counsel, and the Attorney General, as appropriate; and

“(E) the completion of investigations in a timely manner.

“(4)Definition.—For purposes of this subsection, the term ‘manager’ means an employee of the Agency who is a supervisor or management official, as defined in section 7103(a) of title 5, United States Code.”

[For definitions of terms used in section 133(c), (d) of div. V of Puspan. L. 116–260, set out above, see section 137 of div. V of Puspan. L. 116–260, set out as a note under section 40101 of this title.]

Application of 2016 Amendment

Puspan. L. 114–242, § 2(c), Oct. 7, 2016, 130 Stat. 978, provided that: “The amendments made by this section [amending this section] shall apply with respect to any employee of the Federal Aviation Administration hired on or after the date that is one year after the date of the enactment of this Act [Oct. 7, 2016].”

Policies and Procedures

Puspan. L. 114–242, § 2(d), Oct. 7, 2016, 130 Stat. 978, provided that: “Not later than 270 days after the date of the enactment of this Act [Oct. 7, 2016], the Administrator of the Federal Aviation Administration shall prescribe policies and procedures to carry out the amendments made by this section [amending this section] that are comparable, to the maximum extent practicable, to the regulations prescribed by the Office of Personnel Management under section 6329 of title 5, United States Code.”