Sec. 437. AIR TRAFFIC CONTROL WORKFORCE STAFFING
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## SEC. 437 AIR TRAFFIC CONTROL WORKFORCE STAFFING **[**[49 U.S.C. 44506 note](/us/usc/t49/s44506)**]** ###
(a)Maximum Hiring Subject to the availability of appropriations, for each of fiscal years 2024 through 2028, the Administrator 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, the Administrator shall submit an attestation to the appropriate committees of Congress 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 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 Section 44506(e) of title 49, United States Codeis amended— #####
(A)in paragraph
(1)by striking “the number of air traffic controllers needed” and inserting “the number of fully certified air traffic controllers needed”; #####
(B)by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and #####
(C)by inserting after paragraph
(1)the following: > > #### “(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)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, 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.
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Sec. 437
AIR TRAFFIC CONTROL WORKFORCE STAFFING
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