Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
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44506(a), (b) | 49 App.:1353 (note). | Nov. 3, 1988, Pub. L. 100–591, § 8(a)–(c), 102 Stat. 3015; Nov. 17, 1988, Pub. L. 100–685, §§ 601–603, 102 Stat. 4102. |
44506(c) | 49 App.:1348a. | Oct. 6, 1992, Pub. L. 102–388, § 362, 106 Stat. 1560. |
44506(d) | 49 App.:1348 (note). | Oct. 31, 1992, Pub. L. 102–581, § 120, 106 Stat. 4884. |
In subsections (a) and (b), the text of section 8(a) and (b)(3) of the Aviation Safety Research Act of 1988 ([Public Law 100–581], [102 Stat. 3015], 3016) and sections 601 and 602(3) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 ([Public Law 100–685], [102 Stat. 4102], 4103) is omitted as executed.
In subsection (c), the words “institutions of higher education” are substituted for “post-secondary educational institutions” for consistency in the revised title.
References in Text
The date of enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (d)(3), is the date of enactment of [Pub. L. 112–95], which was approved Feb. 14, 2012.
Amendments
2024—Subsec. (e)(1). [Pub. L. 118–63, § 437(e)(2)(A)], substituted “the number of fully certified air traffic controllers needed” for “the number of air traffic controllers needed”.
Subsec. (e)(2) to (4). [Pub. L. 118–63, § 437(e)(2)(B)], (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (f)(2)(A). [Pub. L. 118–63, § 433], substituted “paragraph (1)(B)” for “paragraph (1)(B)(ii)”.
2019—Subsec. (f)(1)(A)(ii). [Pub. L. 116–92, § 1133], inserted “(including a facility of the National Guard)” after “Department of Defense”.
Subsec. (f)(1)(B)(i). [Pub. L. 116–92, § 1132], substituted “giving further preferential consideration, within each qualification category based upon pre-employment testing results (including application of veterans’ preference as required under section 40122(g)(2)(B)), to pool 1 applicants described in clause (ii) before pool 2 applicants described in clause (iii).” for “referring an approximately equal number of individuals for appointment among the 2 applicant pools described in this subparagraph. The number of individuals referred for consideration from each group shall not differ by more than 10 percent.”
2018—Subsec. (f)(1)(C). [Pub. L. 115–141, § 108(1)], added subpar. (C).
Subsec. (f)(3). [Pub. L. 115–141, § 108(2)(A)], inserted “except for individuals covered by the program described in paragraph (4),” after “section 3307 of title 5,”.
Subsec. (f)(4). [Pub. L. 115–141, § 108(2)(B)], added par. (4).
2016—Subsec. (f). [Pub. L. 114–190] added subsec. (f).
2012—Subsecs. (d), (e). [Pub. L. 112–95] added subsec. (d) and redesignated former subsec. (d) as (e).
1996—Subsec. (d). [Pub. L. 104–287] substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Statutory Notes and Related Subsidiaries
Improved Access to Air Traffic Control Simulation Training
[Pub. L. 118–63, title IV, § 415], May 16, 2024, [138 Stat. 1160], provided that:“(a)
In General.—
The Administrator [of the Federal Aviation Administration] shall continue making tower simulator systems (in this section referred to as ‘TSS’) more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA [Federal Aviation Administration] (in this section referred to as an ‘ATCT’), regardless of facility assignment.
“(b)
Cloud-based Visual Database and Software System.—
Not later than 30 months after the date of enactment of this Act [May 16, 2024], the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that, at a minimum, includes—
“(1)
the unique runway layout, approach paths, and lines of sight of every ATCT; and
“(2)
specifications that meet all applicable data security requirements.
“(c)
TSS Upgrades.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall upgrade existing, permanent TSS so that the TSS is, at a minimum, capable of—
“(1)
securely and quickly downloading data from the cloud-based visual database and software system described in subsection (b); and
“(2)
running scenarios for each ATCT involving differing levels of air traffic volume and varying complexities, including, aircraft emergencies, rapidly changing weather, issuance of safety alerts, special air traffic procedures for events of national or international significance, and recovering from unforeseen events or losses of separation.
“(d)
Mobile TSS.—
Not later than 4 years after the date of enactment of this Act, the Administrator shall acquire and implement mobile TSS at each ATCT that is without an existing, permanent TSS so that the mobile TSS is capable of, at a minimum, the capabilities described in paragraphs (1) and (2) of subsection (c).
“(e)
Collaboration.—
In carrying out this section, the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under
section 7111 of title 5, United States Code.”
Ensuring Hiring of Air Traffic Control Specialists Is Based on Assessment of Job-Relevant Aptitudes
[Pub. L. 118–63, title IV, § 417], May 16, 2024, [138 Stat. 1162], provided that:“(a)
Review of the Air Traffic Skills Assessment.—
Not later than 180 days after the date of enactment of this Act [
May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review and revise, if necessary, the Air Traffic Skills Assessment (in this section referred to as the ‘AT–SA’) administered to air traffic controller applicants described in clauses (ii) and (iii) of
section 44506(f)(1)(B) of title 49, United States Code, in accordance with the following requirements, the Administrator shall:
“(1)
Evaluate all questions on the AT–SA and determine whether a peer-reviewed job analysis that ensures all questions test job-relevant aptitudes would result in improvements in the air traffic control specialist workforce training and hiring process.
“(2)
Assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment.
“(3)
Assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce training and hiring process.
“(b)
DOT Inspector General Report.—
Not later than 180 days after the completion of the review and any necessary revision of the AT–SA required under subsection (a), the inspector general of the Department of Transportation shall submit to the Administrator, the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives], and, upon request, to any member of Congress, a report that assesses the AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any other recommendations to address the results of the report.”
Air Traffic Control Workforce Staffing
[Pub. L. 118–63, title IV, § 437], May 16, 2024, [138 Stat. 1176], provided that:“(a)
Maximum Hiring.—
Subject to the availability of appropriations, for each of fiscal years 2024 through 2028, the Administrator [of the Federal Aviation Administration] shall set as the minimum hiring target for new air traffic controllers (excluding individuals described in
section 44506(f)(1)(A) of title 49, United States Code) the maximum number of individuals able to be trained at the Federal Aviation Administration Academy.
“(b)
Transportation Research Board Assessment.—
“(1)
Review.—
Not later than 30 days after the date of enactment of this Act [May 16, 2024], the Administrator shall submit an attestation to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] demonstrating an agreement entered into with the with the National Academies Transportation Research Board to—
“(A)
compare the Certified Professional Controller (in this section referred to as ‘CPC’) operational staffing models and methodologies in determining the FAA [Federal Aviation Administration] Controller Staffing Standard included in the 2023 Air Traffic Controller Workforce Plan of the FAA, with such models and methodologies developed by the Collaborative Resource Workgroup of the FAA (in this subsection referred to as ‘CRWG’) to determine CPC operational staffing targets necessary to meet facility operational, statutory, contractual and safety requirements, including—
“(i)
the availability factor multiplier and other formula components;
“(ii)
the independent facility staffing targets of CPCs able to control traffic;
“(iii)
air traffic controller position utilization;
“(iv)
attrition rates at each air traffic control facility operated by the Administration; and
“(v)
the time needed to meet facility operational, statutory, and contractual requirements, including relevant resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system;
“(B)
examine the current and estimated budgets of the FAA to implement the FAA Controller Staffing Standard included in the 2023 Controller Workforce Plan in comparison to the funding needed to implement the CRWG CPC operational staffing targets;
“(C)
assess future needs of the air traffic control system and potential impacts on staffing standards, including projected air traffic in the airspace of each air traffic control facility operated by the Administration; and
“(D)
determine which staffing models and methodologies evaluated pursuant to this subsection best accounts for the operational staffing needs of the air traffic control system and provide a justification for such determination.
“(2)
Report.—
Not later than 180 days after the agreement entered into pursuant to paragraph (b)(1), the Transportation Research Board of the National Academies shall submit a report to the Administrator and appropriate committees of Congress on the findings and recommendations under this subsection, including the determination pursuant to subparagraph (D).
“(3)
Consultation.—
In conducting the assessment under this subsection, the Transportation Research Board shall consult with—
“(A)
the exclusive bargaining representatives of air traffic control specialists of the Administration certified under
section 7111 of title 5, United States Code;
“(B)
front line managers of the air traffic control system;
“(C)
managers and employees responsible for training air traffic controllers;
“(D)
the MITRE Corporation;
“(E)
the Chief Operating Officer of the Air Traffic Organization of the FAA, and other Federal Government representatives;
“(F)
users and operators in the air traffic control system;
“(G)
relevant industry representatives; and
“(H)
other parties determined appropriate by the Transportation Research Board of the National Academies.
“(c)
Required Implementation of Identified Staffing Model.—
“(1)
Use of staffing model.—
The Administrator shall, as appropriate, take such action that may be necessary to implement and use the staffing model identified by the Transportation Research Board pursuant to subsection (b)(1)(D), including any recommendations for improving such model, not later than one year after enactment of this Act.
“(2)
Briefing.—
Not later than 90 days after taking such actions to implement and use the staffing model identified by the Transportation Research Board pursuant to subsection (b)(1)(D), the Administrator shall brief the appropriate committees of Congress regarding the reasons for why any recommendation by the Transportation Research Board study was not incorporated into the implemented staffing model.
“(d)
Revised Staffing Standards.—
The Administration shall revise the FAA CPC operational staffing standards of the Administration implemented under subsection (c) to—
“(1)
provide that the controller and management workforce is sufficiently staffed to safely and efficiently manage and oversee the air traffic control system;
“(2)
account for the target number of CPCs able to control traffic at each independent facility; and
“(3)
avoid any required or requested reduction of national airspace system capacity or aircraft operations as a result of inadequate air traffic control system staffing.
“(e)
Interim Adoption of Collaborative Resource Workgroup Models.—
“(1)
In general.—
In submitting a Controller Workforce Plan of the FAA to Congress published after the date of enactment of this Act, the Administrator shall adopt and use the staffing models and methodologies developed by the Collaborative Resource Workgroup that were recommended in the 2023 Controller Workforce Plan.
“(2)
Revisions to the controller workforce plan.—
“(3)
Effective date.—
The requirements of paragraph (1) shall cease to be effective upon the adoption and implementation of a revised staffing model by the Administrator as required under subsection (c).
“(f)
Controller Training.—
In any Controller Workforce Plan of the FAA published after the date of enactment of this Act [May 16, 2024], the Administrator shall—
“(1)
identify all limiting factors on the ability of the Administrator to hire and train controllers in line with the staffing standards target set out in such Plan; and
“(2)
describe what actions the Administrator intends to take to rectify any impediments to meeting staffing standards targets and identify contributing factors that are outside the control of the Administrator.”
Notification of Vacancies
[Pub. L. 114–190, title II, § 2106(b)], July 15, 2016, [130 Stat. 622], provided that: “The Administrator of the Federal Aviation Administration shall consider directly notifying secondary schools and institutions of higher learning, including Historically Black Colleges and Universities, Hispanic-serving institutions, Minority Institutions, and Tribal Colleges and Universities, of a vacancy announcement under section 44506(f)(1)(B)(iii) of title 49, United States Code.”
Air Traffic Controller Staffing Initiatives and Analysis
[Pub. L. 112–95, title II, § 224], Feb. 14, 2012, [126 Stat. 55], provided that: “As soon as practicable, and not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator of the Federal Aviation Administration shall—“(1)
ensure, to the extent practicable, a sufficient number of contract instructors, classroom space (including off-site locations as needed), and simulators to allow for an increase in the number of air traffic controllers at air traffic control facilities;
“(2)
distribute, to the extent practicable, the placement of certified professional air traffic controllers-in-training and developmental air traffic controllers at facilities evenly across the calendar year in order to avoid training bottlenecks;
“(3)
initiate an analysis, to be conducted in consultation with the exclusive bargaining representative of air traffic controllers certified under
section 7111 of title 5, United States Code, of scheduling processes and practices, including overtime scheduling practices at those facilities;
“(4)
provide, to the extent practicable and where appropriate, priority to certified professional air traffic controllers-in-training when filling staffing vacancies at facilities;
“(5)
assess training programs at air traffic control facilities with below-average success rates to determine if training is being carried out in accordance with Administration standards, and conduct exit interview analyses with all candidates to determine potential weaknesses in training protocols, or in the execution of such training protocols; and
“(6)
prioritize, to the extent practicable, such efforts to address the recommendations for the facilities identified in the Department of Transportation’s Office of the Inspector General Report Number: AV-2009-047.”
Facility Training Program
[Pub. L. 112–95, title VI, § 609(b)], Feb. 14, 2012, [126 Stat. 116], provided that: “Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012], the Administrator [of the Federal Aviation Administration] shall conduct a comprehensive review and evaluation of its Academy and facility training efforts. The Administrator shall—“(1)
clarify responsibility for oversight and direction of the Academy’s facility training program at the national level;
“(2)
communicate information concerning that responsibility to facility managers; and
“(3)
establish standards to identify the number of developmental air traffic controllers that can be accommodated at each facility, based on—
“(A)
the number of available on-the-job training instructors;
“(B)
available classroom space;
“(C)
the number of available simulators;
“(D)
training requirements; and
“(E)
the number of recently placed new personnel already in training.”
Controller Staffing
[Pub. L. 116–6, div. G, title I], Feb. 15, 2019, [133 Stat. 401], provided in part: “That not later than March 31 of each fiscal year hereafter, the Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in December 2004 pursuant to [section 221 of Public Law 108–176] [set out below]”.
Similar provisions were contained in the following appropriation acts:
[Pub. L. 118–42, div. F, title I], Mar. 9, 2024, [138 Stat. 307].
[Pub. L. 117–328, div. L, title I], Dec. 29, 2022, [136 Stat. 5102].
[Pub. L. 117–103, div. L, title I], Mar. 15, 2022, [136 Stat. 691].
[Pub. L. 116–260, div. L, title I], Dec. 27, 2020, [134 Stat. 1830].
[Pub. L. 116–94, div. H, title I], Dec. 20, 2019, [133 Stat. 2940].
[Pub. L. 115–141, div. L, title I], Mar. 23, 2018, [132 Stat. 977].
[Pub. L. 115–31, div. K, title I], May 5, 2017, [131 Stat. 730].
[Pub. L. 114–113, div. L, title I], Dec. 18, 2015, [129 Stat. 2839].
[Pub. L. 113–235, div. K, title I], Dec. 16, 2014, [128 Stat. 2700].
[Pub. L. 113–76, div. L, title I], Jan. 17, 2014, [128 Stat. 578].
[Pub. L. 112–55, div. C, title I], Nov. 18, 2011, [125 Stat. 645].
[Pub. L. 111–117, div. A, title I], Dec. 16, 2009, [123 Stat. 3039].
[Pub. L. 111–8, div. I, title I], Mar. 11, 2009, [123 Stat. 918].
[Pub. L. 110–161, div. K, title I], Dec. 26, 2007, [121 Stat. 2378].
[Pub. L. 108–176, title II, § 221], Dec. 12, 2003, [117 Stat. 2526], provided that:“(a)
Annual Report.—
Beginning with the submission of the Budget of the United States to the Congress for fiscal year 2005, the Administrator of the Federal Aviation Administration shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure that describes the overall air traffic controller staffing plan, including strategies to address anticipated retirement and replacement of air traffic controllers.
“(b)
Human Capital Workforce Strategy.—
“(1)
Development.—
The Administrator shall develop a comprehensive human capital workforce strategy to determine the most effective method for addressing the need for more air traffic controllers that is identified in the June 2002 report of the General Accounting Office [now Government Accountability Office].
“(2)
Completion date.—
Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Administrator shall complete development of the strategy.
“(3)
Report.—
Not later than 30 days after the date on which the strategy is completed, the Administrator shall transmit to Congress a report describing the strategy.”