agency

(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 3304(f), to the extent consistent with the Federal Aviation Administration’s status as an excepted service agency, 3308–3320, 3330a, 3330b, 3330c, and 3330d, 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 Board; (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— (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 Plan; and (J) subject to paragraph (4) of this subsection, section 6329, relating to disabled veteran leave.

Source

49 USC § 40122(g)(2)


Scoping language

None identified. Default scope is assumed to be the entire title.
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