Historical and Revision Notes
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.
Oct. 6, 1992, Pub. L. 102–388, § 362, 106 Stat. 1560.
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.
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”.
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
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—
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;
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;
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;
provide, to the extent practicable and where appropriate, priority to certified professional air traffic controllers-in-training when filling staffing vacancies at facilities;
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
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—
clarify responsibility for oversight and direction of the Academy’s facility training program at the national level;
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—
the number of available on-the-job training instructors;
available classroom space;
the number of available simulators;
training requirements; and
the number of recently placed new personnel already in training.”
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. 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.—
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.
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.”