§44506. Air traffic controllers
Primary source
Verbatim text below is from the United States Code (GovInfo), a public-domain U.S. government work.
Full Text
§44506. Air traffic controllers
(a)
(1) methods for improving and accelerating future air traffic controller training through the application of advanced training techniques, including the use of simulation technology;
(2) the role of automation in the air traffic control system and its physical and psychological effects on air traffic controllers;
(3) the attributes and aptitudes needed to function well in a highly automated air traffic control system and the development of appropriate testing methods for identifying individuals with those attributes and aptitudes;
(4) innovative methods for training potential air traffic controllers to enhance the benefits of automation and maximize the effectiveness of the air traffic control system; and
(5) new technologies and procedures for exploiting automated communication systems, including Mode S Transponders, to improve information transfers between air traffic controllers and aircraft pilots.
(b)
(1) human perceptual capabilities and the effect of computer-aided decision making on the workload and performance of air traffic controllers;
(2) information management techniques for advanced air traffic control display systems; and
(3) air traffic controller workload and performance measures, including the development of predictive models.
(c)
(2)(A) The Administrator of the Federal Aviation Administration may appoint an individual who has successfully completed a course of training in a program described in paragraph (1) of this subsection to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title 5). An individual appointed under this paragraph serves at the pleasure of the Administrator, subject to section 7511 of title 5. However, an appointment under this paragraph may be converted from one in the excepted service to a career conditional or career appointment in the competitive civil service (as defined in section 2102 of title 5) when the individual achieves full performance level air traffic controller status, as decided by the Administrator.
(B) The authority under subparagraph (A) of this paragraph to make appointments in the excepted service expires on October 6, 1997, except that the Administrator of the Federal Aviation Administration may extend the authority for one or more successive one-year periods.
(d)
(1)
(A) received a control tower operator certification (referred to in this subsection as a "CTO" certificate); and
(B) satisfied all other applicable qualification requirements for an air traffic control specialist position, including successful completion of orientation training at the Federal Aviation Administration Academy.
(2)
(3)
(4)
(5)
(A)
(B)
(i) be credited as offsetting collections to the account that finances the activities and services for which the reimbursement is accepted;
(ii) be available for expenditure only to pay the costs of activities and services for which the reimbursement is accepted, including all costs associated with collecting such reimbursement; and
(iii) remain available until expended.
(e)
(1) the staffing standards used to determine the number of fully certified air traffic controllers needed to operate the air traffic control system of the United States;
(2) for each air traffic control facility operated by the Federal Aviation Administration—
(A) the current certified professional controller staffing levels;
(B) the operational staffing targets for certified professional controllers;
(C) the anticipated certified professional controller attrition for each of the next 3 years; and
(D) the number of certified professional controller trainees;
(3) a 3-year projection of the number of controllers needed to be employed to operate the system to meet the standards; and
(4) a detailed plan for employing the controllers, including projected budget requests.
(f)
(1)
(A)
(i) a Federal Aviation Administration air traffic control facility;
(ii) a civilian or military air traffic control facility of the Department of Defense (including a facility of the National Guard); or
(iii) a tower operating under contract with the Federal Aviation Administration under section 47124.
(B)
(i)
(ii)
(I) have successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program maintained under subsection (c)(1) and who have received from the institution—
(aa) an appropriate recommendation; or
(bb) an endorsement certifying that the individual would have met the requirements in effect as of December 31, 2013, for an appropriate recommendation;
(II) are eligible for a veterans recruitment appointment pursuant to section 4214 of title 38 and provide a Certificate of Release or Discharge from Active Duty within 120 days of the announcement closing;
(III) are eligible veterans (as defined in section 4211 of title 38) maintaining aviation experience obtained in the course of the individual's military experience; or
(IV) are preference eligible veterans (as defined in section 2108 of title 5).
(iii)
(C)
(i)
(ii)
(iii)
(2)
(A)
(B)
(i)
(ii)
(I) is reapplying for the position pursuant to clause (i) on or before December 31, 2017; and
(II) met the maximum age requirement on the date of the individual's previous application for the position during the interim hiring process.
(3)
(4)
(A) are on terminal leave pending retirement from active duty military service or have retired from active duty military service within 5 years of applying for the appointment; and
(B) have held either an air traffic certification or air traffic control facility rating according to Administration standards within 5 years of applying for the appointment.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 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.
Editorial Notes
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)
"(b)
"(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)
"(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)
"(e)
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)
"(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)
Air Traffic Control Workforce Staffing
Pub. L. 118–63, title IV, §437, May 16, 2024, 138 Stat. 1176, provided that:
"(a)
"(b)
"(1)
"(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)
"(3)
"(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)
"(1)
"(2)
"(d)
"(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)
"(1)
"(2)
"(3)
"(f)
"(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)
"(b)
"(1)
"(2)
"(3)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.