59–006 

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 


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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 preVerDate Sep 11 2014 04:34 Sep 24, 2016 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR771.XXX HR771

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pared 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. 


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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. 


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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 

* * * * * * * 

§ 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 employVerDate Sep 11 2014 04:34 Sep 24, 2016 Jkt 059006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR771.XXX HR771

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ees 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. 


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(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. 


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(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 Boardø; 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— 


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(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 Planø.¿; 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. 

ø(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 


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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. 

* * * * * * * 

Æ 


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