2012 US Code
Title 49 - Transportation
Subtitle VII - AVIATION PROGRAMS (§§ 40101 - 50105)
Part A - AIR COMMERCE AND SAFETY (§§ 40101 - 46507)
Subpart iii - safety (§§ 44101 - 45305)
Chapter 445 - FACILITIES, PERSONNEL, AND RESEARCH (§§ 44501 - 44517)
Section 44506 - Air traffic controllers
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART A - AIR COMMERCE AND SAFETY subpart iii - safety CHAPTER 445 - FACILITIES, PERSONNEL, AND RESEARCH Sec. 44506 - Air traffic controllers |
Contains | section 44506 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1178; Pub. L. 104-287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 112-95, title VI, §607, Feb. 14, 2012, 126 Stat. 114. |
Statutes at Large References | 102 Stat. 3015, 4102 106 Stat. 1560, 4884 108 Stat. 1178 110 Stat. 3389 117 Stat. 2526 121 Stat. 2378 123 Stat. 918, 3039 125 Stat. 645 126 Stat. 114, 55, 116 |
Public Law References | Public Law 100-581, Public Law 100-591, Public Law 100-685, Public Law 102-388, Public Law 102-581, Public Law 103-272, Public Law 104-287, Public Law 108-176, Public Law 110-161, Public Law 111-8, Public Law 111-117, Public Law 112-55, Public Law 112-95 |
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(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 air traffic controllers needed to operate the air traffic control system of the United States;
(2) a 3-year projection of the number of controllers needed to be employed to operate the system to meet the standards; and
(3) a detailed plan for employing the controllers, including projected budget requests.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1178; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 112–95, title VI, §607, Feb. 14, 2012, 126 Stat. 114.)
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.
References in TextThe 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.
Amendments2012—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”.
Air Traffic Controller Staffing Initiatives and AnalysisPub. 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 ProgramPub. 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 StaffingPub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 645, 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 prior appropriation acts:
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)
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