Provides that former air traffic controllers shall not, as a class, be considered unsuitable or ineligible for: (1) positions as air traffic controllers in the Federal Aviation Administration (FAA) or the Department of Defense; or (2) positions in the FAA other than air traffic controller positions.
Requires the Secretary of Transportation and the Director of the Office of Personnel Management to take action to ensure that in each of FY 1992 and 1993, at least 500 former controllers are appointed to permanent, full-time positions as air traffic controllers in the FAA. Provides for a waiver of the maximum-age limitation applicable to such appointments. Prescribes procedural guidelines for competitive and non-competitive appointments of such controllers.
Precludes an applicant's role in the 1981 strike from being considered when making a determination of suitability for an air traffic controller position.
Requires the Secretary of Transportation and the Secretary of Defense to prescribe regulations under which the appointment of a former controller to an air traffic controller position within their respective departments shall not become final unless a probationary period has been successfully completed. Sets forth guidelines for the computation of creditability of service for retirement purposes.
Expresses the sense of the Congress that such reinstatements should not: (1) cause the separation or reduction in grade of any other air traffic controller; or (2) interfere with training opportunities which would otherwise be afforded to air traffic controllers seeking to become fully qualified.
HR 1240 IH 102d CONGRESS 1st Session H. R. 1240 To provide for the rehiring of certain former air traffic controllers. IN THE HOUSE OF REPRESENTATIVES March 5, 1991 Mr. HOCHBRUECKNER (for himself, Mr. SCHUMER, Mr. MATSUI, Mr. TRAFICANT, Mr. FRANK of Massachusetts, Mr. ACKERMAN, Mr. SCHEUER, Mr. MANTON, Mr. SANGMEISTER, Mr. ROE, Mr. TOWNS, Mr. RAHALL, Mrs. MORELLA, Mr. BERMAN, Mr. FEIGHAN, Mr. HERTEL, Mr. FOGLIETTA, Mr. TORRES, Mr. EDWARDS of California, Mr. PALLONE, Mr. COYNE, Mr. JONTZ, Ms. MOLINARI, Mrs. BOXER, and Mr. SMITH of Florida) introduced the following bill; which was referred to the Committee on Post Office and Civil Service A BILL To provide for the rehiring 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. DEFINITIONS. For purposes of this Act-- (1) the terms `air traffic controller', `competitive service', and `employee' each has the meaning given such term in chapter 21 of title 5, United States Code; and (2) the terms `former air traffic controller' and `former controller' each means any individual whose appointment as an air traffic controller was terminated on account of the strike of air traffic controllers which began on or about August 3, 1981. SEC. 2. APPOINTMENT OF CERTAIN FORMER AIR TRAFFIC CONTROLLERS. (a) ELIMINATION OF BAR TO APPOINTMENT- Notwithstanding any provision of paragraph (3) or (4) of section 7311 of title 5, United States Code, or any rule, regulation, order, or directive, former air traffic controllers shall not, as a class, be considered unsuitable or otherwise ineligible for appointment-- (1) to positions as air traffic controllers in the Federal Aviation Administration or the Department of Defense; or (2) to positions in the Federal Aviation Administration other than positions under paragraph (1). (b) APPOINTMENTS REQUIRED IN 1992 AND 1993- (1) MINIMUM NUMBER OF APPOINTMENTS REQUIRED- Subject to subsections (c) and (d), the Secretary of Transportation and the Director of the Office of Personnel Management shall take such action as may be necessary to ensure that, in each of fiscal years 1992 and 1993, at least 500 former controllers are appointed to permanent, full-time positions as air traffic controllers in the Federal Aviation Administration. (2) WAIVER OF MAXIMUM-AGE LIMITATION- Nothing in section 3307(b) of title 5, United States Code, or in any rule or regulation issued to carry out such section 3307(b), shall apply with respect to appointments made pursuant to this subsection. (c) Procedures for Making Appointments- (1) COMPETITIVE PROCEDURES GENERALLY APPLICABLE- Except as provided in paragraph (2), any appointment of a former controller to an air-traffic- controller position shall be made in accordance with provisions of title 5, United States Code, governing appointments in the competitive service. (2) Exception- (A) DETERMINATION OF NECESSITY AS PREREQUISITE- If, in fiscal year 1992 or 1993, the Secretary of Transportation determines that compliance with subsection (b) in the then current fiscal year would not otherwise be practicable, the appointment procedures established under subparagraph (B) may be used during the fiscal year involved. (B) NONCOMPETITIVE PROCEDURES- The Director of the Office of Personnel Management, in consultation with the Secretary of Transportation, shall prescribe regulations under which a former controller may be appointed noncompetitively to a competitive-service position in the Federal Aviation Administration as an air traffic controller if that former controller meets appropriate qualification requirements, as established under such regulations. (d) Suitability Determinations- (1) IN GENERAL- Except as provided in paragraph (2), determinations of suitability of former controllers for appointments to air-traffic-controller positions shall be made by the Office of Personnel Management, on a case-by-case basis, in accordance with the provisions of part 731 of title 5 of the Code of Federal Regulations (or corresponding successor provisions). (2) Exception- (A) ROLE IN 1981 STRIKE MAY NOT BE CONSIDERED- In making a determination of suitability under paragraph (1) with respect to an individual, neither any conduct by such individual nor any other consideration relating to such individual may be taken into account if, or to the extent that, such conduct or other consideration relates to the strike referred to in section 1(2). (B) EXCEPTION DOES NOT COVER CRIMINAL OR CERTAIN OTHER TYPES OF MISCONDUCT- Nothing in subparagraph (A) shall apply with respect to-- (i) any conduct which constituted a criminal act under the laws of the United States (excluding paragraph (3) or (4) of section 1918 of title 18, United States Code), a State, or other unit of government; or (ii) any conduct which resulted in personal injury or damage to property. (e) RULE OF CONSTRUCTION- Nothing in this Act shall be considered to confer on any particular individual an entitlement to be appointed to a position described in paragraph (1) or (2) of subsection (a). SEC. 3. PROBATIONARY PERIOD; CREDITABILITY OF SERVICE FOR RETIREMENT PURPOSES. (a) PROBATIONARY PERIOD- (1) ESTABLISHMENT- (A) CONTROLLER POSITIONS WITHIN THE FAA- The Secretary of Transportation shall prescribe regulations under which the appointment of a former controller to an air-traffic-controller position within the Federal Aviation Administration shall not become final unless and until that former controller successfully completes-- (i) a 6-month probationary period, if such former controller has, at any previous time, successfully completed a probationary period under section 3321 of title 5, United States Code, as an air traffic controller; or (ii) a probationary period of not less than 6 months and not more than 12 months, if such former controller has never successfully completed a probationary period under section 3321 of title 5, United States Code, as an air traffic controller. (B) CONTROLLER POSITIONS WITHIN DOD- The Secretary of Defense shall prescribe regulations under which the requirements of subparagraph (A) shall be carried out with respect to air-traffic-controller positions within the Department of Defense. (2) REQUIREMENTS RELATING TO FILLING VACANCIES RESULTING FROM FAILURE TO COMPLETE PROBATIONARY PERIOD- (A) IN GENERAL- In the case of any air-traffic-controller position in the Federal Aviation Administration which is filled in fiscal year 1992 or 1993 by the appointment of a former controller, any vacancy in such position resulting from a failure of the incumbent to successfully complete the probationary period under paragraph (1)(A) shall be filled by the appointment of another former controller. (B) COUNTING RULE- An appointment under subparagraph (A) to fill a vacancy described in such subparagraph may not be counted for purposes of determining compliance with section 2(b) if another appointment to the same position has previously been so counted. (b) CREDITABILITY OF SERVICE FOR RETIREMENT PURPOSES- (1) SIX YEARS OF SERVICE REQUIRED- Except as provided in paragraph (3) service performed by a former controller pursuant to an appointment made pursuant to section 2(a) or 2(b) may not be taken into account for purposes of any provision of law identified in paragraph (2), unless such former controller completes at least 6 years of service as an air traffic controller after the date of the enactment of this Act. (2) BENEFITS AFFECTED- The provisions with respect to which this subsection relates are-- (A) sections 8336(e) and 8412(e) of title 5, United States Code, relating to immediate retirement by air traffic controllers; and (B) sections 8339(e) and 8415(d) of title 5, United States Code, relating to computation of annuities in the case of air traffic controllers. (3) EXCEPTIONS- (A) DISABILITY- Nothing in this subsection shall apply in the case of any individual who retires under section 8337, or subchapter V of chapter 84, of title 5, United States Code. (B) DEATH IN SERVICE- The amount of any survivor annuity which is based on the service of an individual who is an air traffic controller at death shall be computed as if this subsection had not been enacted. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) appointments of former air traffic controllers-- (A) should not cause the separation or reduction in grade or pay of any other air traffic controller; and (B) should not interfere with the training opportunities which would otherwise be afforded to air traffic controllers seeking to become fully qualified; (2) in selecting former air traffic controllers for appointment under this Act, the appointing authority should consider-- (A) performance appraisals which were received by the individuals under consideration; and (B) appropriate methods by which individuals may be assigned to facilities or locations where they are most needed; and (3) any period of time between an individual's separation from service as an air traffic controller (due to the strike referred to in section 1(2)) and such individual's restoration to service as a result of the enactment of this Act should not be taken into account for any purpose relating to seniority or back pay.
Introduced in House
Introduced in House
Referred to the House Committee on Post Office and Civil Service.
Referred to the Subcommittee on Civil Service.
Referred to the Subcommittee on Human Resources.
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