I
107TH CONGRESS
2D SESSION
H. R. 5251
To provide equitable pay to air traffic managers, supervisors, and specialists
of the Federal Aviation Administration at regional and headquarters
locations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Mr. MANZULLO introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To provide equitable pay to air traffic managers, supervisors,
and specialists of the Federal Aviation Administration
at regional and headquarters locations, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Air Traffic Equity Act
of 2002’’.
SEC. 2. FINDINGS AND DEFINITIONS.
(a) FINDINGS.—Congress finds the following:
(1) The Federal Aviation Administration (in
this section referred to as the ‘‘FAA’’) requested an
exemption from Federal personnel regulations to
create a performance-based system.
(2) The Administrator of the FAA elected to
implement a system adversely impacting air traffic
employees and contrary to the basic tenets of fair-
ness and Federal employment in general.
(3) The report of the General Accounting Office
on managers and supervisors identified the FAA as
worse, in general, than the rest of the Government
in multiple aspects.
(4) The Inspector General of the Department of
Transportation found that the new FAA compensa-
tion system is inequitable, imposes disparate com-
pensation on employees, has no link between pay
and performance, and is not based on experience,
qualifications, position, duties, or responsibilities.
(5) The Committee on Appropriations of the
House of Representatives concluded that the per-
sonnel reform efforts of the FAA have been a failure
and should receive special review in future reauthor-
izations.
(6) An independent study by the National
Academy of Public Administration found that the
FAA has not met many of the key goals of personnel
reform.
(7) The Administrator of the FAA has ignored
all applications for redress to correct these ongoing
disparities and the inequitable treatment of employ-
ees.
(8) These actions elicit from FAA employees a
sense of betrayal of trust and commitment at a crit-
ical juncture in the national response to security
events.
(9) The actions of the Administrator of the
FAA violate the basic tenets from which the exemp-
tion to Federal personnel regulations were requested
and authorized.
(b) DEFINITIONS.—In this Act, the following defini-
tions apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal
Aviation Administration.
(2) AIR TRAFFIC CONTROL SPECIALIZED COM-
PENSATION SYSTEM.—The term ‘‘air traffic control
specialized compensation system’’ means the com-
pensation system implemented beginning on October
1, 1998, for air traffic controllers in conjunction
with a collective bargaining agreement with the Na-
tional Air Traffic Controllers Association.
(3) AIR TRAFFIC CONTROLLER.—The term ‘‘air
traffic controller’’ means an employee of the Federal
Aviation Administration in a position classified in
the 2152 occupation series in the Federal Wage Sys-
tem, regardless of the employee’s assigned location
or position.
(4) AIR TRAFFIC MSS EMPLOYEE.—The term
‘‘air traffic MSS employee’’ means an air traffic
controller assigned as a manager, supervisor, or
staff specialist or any additional employee des-
ignated by the Administrator or the Director of the
Air Traffic Service as critical to accomplishing the
air traffic control mission of the Federal Aviation
Administration.
(5) COVERED AIR TRAFFIC MSS EMPLOYEE.—
The term ‘‘covered air traffic MSS employee’’ means
an air traffic MSS employee covered by the air traf-
fic control specialized compensation system.
(6) FAA FIELD FACILITIES.—The term ‘FAA
field facilities’ means the air traffic control towers,
terminal radar approach controls, and enroute cen-
ters of the Federal Aviation Administration.
(7) FAA HEADQUARTERS.—The term ‘‘FAA
headquarters’’ means the headquarters of the Fed-
eral Aviation Administration in Washington, D.C.,
including organizations that have elements that are
physically resident at other locations (such as the
Federal Aviation Administration Academy and the
William J. Hughes Technical Center).
(8) FAA REGIONAL OFFICES.—The term ‘‘FAA
regional offices’’ means the 9 regional offices of the
Federal Aviation Administration.
(9) 
UNCOVERED
AIR
TRAFFIC
MSS
EM-
PLOYEE.—The term ‘‘uncovered air traffic MSS em-
ployee’’ means an air traffic MSS employee not cov-
ered by the air traffic control specialized compensa-
tion system.
SEC. 3. ADJUSTMENT IN PAYMENT RATES.
(a) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act, the Administrator shall ad-
just the annual rates of basic pay applicable to uncovered
air traffic MSS employees to align the rates with the an-
nual rates of basic pay applicable to covered air traffic
MSS employees.
(b) ADJUSTMENTS.—In adjusting annual rates of
basic pay under subsection (a), the Administrator shall—
(1) align staff specialists assigned to FAA field
facilities with MSS-1 positions under the air traffic
control specialized compensation system;
(2) align staff specialists assigned to FAA re-
gional offices and FAA headquarters with MSS-2
positions under the air traffic control specialized
compensation system;
(3) align special assistants assigned to FAA re-
gional offices and FAA headquarters, and branch
managers assigned to FAA headquarters, with MSS-
3 positions under the air traffic control specialized
compensation system; and
(4) align branch managers assigned to FAA re-
gional offices, and division mangers and deputy divi-
sion managers assigned to FAA Headquarters, with
MSS-4 positions under the air traffic control special-
ized compensation system.
(c) PAY LEVEL.—The adjusted annual rate of basic
pay established under subsection (a) for an uncovered air
traffic MSS employee shall be based on the highest air
traffic control level in the employee’s geographic area of
responsibility.
(d) INCREASES.—With respect to an employee who
was employed as an uncovered air traffic MSS employee
during all or any portion of the period beginning on Octo-
ber 1, 1998, and ending on the date of enactment of this
Act, the adjusted annual rate of pay of the employee es-
tablished under subsection (a) shall take into account any
increase that the employee would have received had the
employee been covered by the air traffic control specialized
compensation system during the period of such employ-
ment.
(e) LIMITATION.—The Administrator shall not re-
duce the annual rate of basic pay of any employee as the
result of a pay adjustment under this section.
SEC. 4. LUMP SUM PAYMENT.
(a) IN GENERAL.—Not later than 60 days after the
date of enactment of this Act, and subject to amounts
being made available in advance in appropriations Acts,
the Administrator shall make a lump sum payment to each
individual employed as an uncovered air traffic MSS em-
ployee during all or any portion of the period beginning
on October 1, 1998, and ending on the date of enactment
of this Act, including former air traffic MSS employees.
(b) AMOUNT OF PAYMENT.—The amount of a lump
sum payment to an employee under subsection (a) shall
equal the difference between—
(1) the amount of basic pay that the employee
would have received for employment as an air traffic
MSS employee in the period beginning on October 1,
1998, and ending on the date of enactment of this
subsection had the employee been covered by the air
traffic control specialized compensation system dur-
ing the period of such employment; and
(2) the amount of basic pay actually received by
the employee for such employment in such period.
(c) INCLUSION OF RETIREMENT BENEFITS.—In de-
termining the amount of basic pay of an employee under
this section, the Administrator shall include future retire-
ment benefits attributable to the employee’s annual rate
of basic pay, as estimated by the Administrator.
SEC. 5. TREATMENT OF GROUPS OF EMPLOYEES.
In calculating the amount of a pay adjustment under
section 3 and a lump sum payment under section 4, the
Administrator may group employees in similar positions,
in similar locations, and with similar lengths of service in
order to avoid making a separate calculation with respect
to each employee.
SEC. 6. INDIVIDUAL APPEAL RIGHTS.
(a) IN GENERAL.—An individual aggrieved by a final
determination under this Act shall be entitled to appeal
such determination to the Merit Systems Protection Board
under title 5, United States Code, or through any contrac-
tual grievance procedure that is applicable to the employee
as a member of a collective bargaining unit.
(b) COMPENSATION APPEALS.—The Office of Per-
sonnel Management shall by regulation establish proce-
dures under which individuals may bring an appeal to the
Office with respect to any failure to have been properly
compensated in accordance with this Act. A final deter-
mination under this subsection shall be appealable under
subsection (a).
(c) ELECTION OF FORUM.—Where a determination
may be contested through more than one of the indicated
forums (such as the contractual grievance procedure 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 authorized by law.
SEC. 7. COORDINATION WITH UNIONS.
The Administrator shall promptly coordinate imple-
mentation of the requirements of this Act with the unions
representing employees affected by this Act. If an agree-
ment is not reached within sufficient time to implement
the provisions of this Act by the specified deadlines, the
lack of an agreement shall not delay that implementation
for those employees for whom an agreement has been
reached or where such an agreement is not required.
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