Skip to main content
Article 101

FAA Reform

Slate Book, the 2016 NATCA/FAA agreement · pages 196–198 of the signed PDF

Article 101 · 4 sections

Section 1. 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.

Section 2. 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).

Section 3. 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).

Section 4. 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).

Word for word from the signed 2016 agreement, with only the layout adapted for the web. The signed PDF is the official text. 123ATC is independent of NATCA and the FAA.