FAA REFORM

The Federal Aviation Administration (FAA) Personnel Management System is exempt from all of Title 5 of the United States Code (USC), except for the following:

• Section 2302(b), relating to whistleblower protection;

• Sections 3308-3320, relating to veterans' preference;

• Chapter 71, relating to labor-management relations;

• Section 7204, relating to antidiscrimination;

• Chapter 73, relating to suitability, security, and conduct;

• Chapter 81, relating to compensation for work injury; and

• Chapters 83-85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage.

Notwithstanding the provisions of Section 1, the FAA continues to be subject to the following portions of Title 5 in that they are not part of the Personnel Management System:

• 5 USC Chapter 3 (Powers);

• 5 USC Chapter 5 (Administrative Procedure);

• 5 USC Chapter 15 (Political Activity of Certain State and Local Employees); and

• 5 USC Chapter 91 (Access to Criminal History Records for National Security Purposes).

The FAA Personnel Management System is covered by the non-personnel management provisions of Title 5 and those portions of Title 5 that specifically apply to the Secretary or the Administrator including:

• 5 USC Section 3307 (Maximum Entry Age);

• 5 USC Section 5501 (Disposition of Lapsed Salaries);

• 5 USC Section 5502 (Unauthorized Office);

• 5 USC Section 5503 (Recess Appointments);

• 5 USC Sections 5511-20 (Withholding Pay);

• 5 USC Sections 5533-38 (Dual Pay);

• 5 USC Sections 5561-70 (Payments to Missing Employees); and

• 5 USC Chapter 79 (Services to Employees).

The Administrator has chosen to incorporate the following provisions into the FAA's new Personnel Management System:

• 5 USC Sections 2901-06 (Commissions, Oaths);

• 5 USC Section 3111 (Acceptance of Volunteer Service);

• 5 USC Sections 3331-33 (Oath of Office); and

• 5 USC Sections 5351-5356 (Student-Employees).