[Senate Report 116-169]
[From the U.S. Government Publishing Office]
Calendar No. 319
116th Congress } { Report
SENATE
1st Session } { 116-169
_______________________________________________________________________
ATC HIRING REFORM ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
ON
S. 1148
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 5, 2019.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2019
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
first session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 319
116th Congress } { Report
SENATE
1st Session } { 116-169
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ATC HIRING REFORM ACT OF 2019
_______
December 5, 2019.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1148]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1148) to amend title 49, United
States Code, to require the Administrator of the Federal
Aviation Administration to give preferential consideration to
individuals who have successfully completed air traffic
controller training and veterans when hiring air traffic
control specialists, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1148 is to reform how the Federal
Aviation Administration (FAA) hires air traffic controllers,
require the FAA to provide a report on the progress the agency
is making in regard to the hiring and training of air traffic
controllers, and direct the Inspector General of the Department
of Transportation (DOT IG) to review certain air traffic
controller hiring practices.
Background and Needs
Air traffic controllers are responsible for safely
separating aircraft within large portions of U.S. airspace.
There are roughly 14,000 air traffic controllers within the FAA
workforce. Of these, roughly 10,800 are certified professional
controllers (CPCs) who have full certification on all positions
and can provide on-the-job training of new hires. By statute,
air traffic controllers must be hired prior to turning 30 years
of age and generally have a mandatory retirement age of 56.\1\
Controllers work in three different types of air traffic
control facilities: tower, terminal, and en-route.
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\1\5 U.S.C. 8335.
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Prospective air traffic controllers are required to take
the Air Traffic Selection Assessment (AT-SA) test, and if they
pass, candidates then go through classroom training at the FAA
Academy in Oklahoma City, Oklahoma. After completing the
classroom training course, candidates are sent out to the field
where it takes 2 to 3 years for them to become fully certified.
Traditionally, the FAA had received many of its candidates for
air traffic controllers from Collegiate Training Initiative
(CTI) schools, which are 2- and 4-year non-engineering aviation
degree schools that offer courses in air traffic control and
aviation administration.
In December 2013, based on internal FAA and external
reviews of the hiring process, the agency updated the hiring
process for air traffic controllers. One aspect of the update
that some criticized was the implementation of a biographical
assessment\2\ for any prospective air traffic controller
candidate. Candidates were required to ``pass'' the
biographical assessment in order to move forward. This change
in the hiring process took effect in 2014, however, the change
was criticized by many for its lack of transparency and
effectiveness. In 2014 and 2015, the FAA did not meet its
hiring goal for air traffic controller candidates, prompting
significant concern in Congress.
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\2\The FAA described the biographical assessment as a tool which
predicts controller performance through a process of asking individuals
to recall and report their typical and sometimes specific behaviors or
experiences, generally from an earlier time in their lives.
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In response to these issues, the FAA Extension, Safety, and
Security Act of 2016 (FESSA)\3\ contained a provision that
placed certain statutory requirements on the FAA's air traffic
controller hiring process.\4\ Pursuant to the new requirements,
there are two groups from which a candidate for air traffic
controller can be hired. The first group is for qualified
individuals who maintain 52 consecutive weeks of air traffic
control experience. These individuals are hired using a
separate hiring announcement. Additionally, these applicants
have a maximum hiring age of 35 and do not have to take the
biographical assessment. The second group is divided into two
pools: Pool 1 consists of CTI graduates and veterans, and pool
2 consists of off-the-street hires. When the FAA issues a
general hiring announcement for this group, they are
statutorily required to have at least 50 percent of the hires
come from pool 1 and there can be no more than a 10-percent
difference between the two pools. Pool 1 candidates are not
required to take the biographical assessment, but they must
pass the AT-SA. However, this new hiring system has resulted in
unintentional consequences. Under the law, the number of
controllers from pool 2 which the FAA can hire is limited by
the number of qualified applicants there are in pool 1. This
limitation could have a negative impact on the FAA's ability to
hire the necessary number of air traffic controller candidates.
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\3\Pub. L. 114-190.
\4\49 U.S.C. 44506.
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Summary of Provisions
If enacted, S. 1148 would do the following:
Revise the way the FAA hires and gives
preferential consideration to prospective air traffic
controller hires from pool 1. Specifically, the
legislation would require the FAA to give preferential
consideration to pool 1 candidates over pool 2
candidates for those who are in each qualification
category based on the applicant's pre-employment test
score.
Require the FAA to provide a biannual report
on their progress in hiring and training air traffic
controllers.
Add National Guard facilities to the list of
facilities where experienced air traffic controllers
could have gained their experience.
Require the DOT IG to conduct a review that
assesses the assumptions and methodologies used by the
FAA in developing the air traffic controller pre-
employment test.
Legislative History
S. 1148 was introduced on April 11, 2019, by Senator Hoeven
(for himself and Senator Shaheen), and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. Senators Sullivan, Sinema, Capito, McSally, Peters, and
Inhofe are additional cosponsors. On July 24, 2019, the
Committee met in open Executive Session and, by voice vote,
ordered S. 1148 reported favorably with amendments.
The provisions in this bill are related to section 2106 of
FESSA,\4\ which, as H.R. 636, passed the Senate in the 114th
Congress. Section 2106 contained language substantively similar
to H.R. 5292, the Air Traffic Controller Hiring Improvement Act
of 2016, which, as a provision contained within S. 2658, the
FAA Reauthorization Act of 2016, also passed the Senate in the
114th Congress.
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\4\Pub. L. 114-190.
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Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1148 would change the hiring preferences the Federal
Aviation Administration (FAA) uses when hiring air traffic
controllers. Specifically, the bill would authorize the FAA to
prioritize hiring air traffic controllers who are military
veterans and who have graduated from an FAA Collegiate Training
Initiative school. The bill also would require the Inspector
General of the Department of Transportation to report to the
Congress on the pre-employment test used for air traffic
controllers. Under the bill, the FAA would report every six
months to the Congress on the hiring and training of air
traffic controllers.
Using information from the FAA, CBO estimates that the
additional flexibility under the bill could make it easier to
hire air traffic controllers, but any reduced costs would not
be significant over the 2020-2024 period.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
In S. 1148, as reported, section 4 makes changes to those
eligible for the FAA's hiring announcement for experienced air
traffic controllers by adding qualified individuals who
operated at National Guard facilities. Additionally, section 2
requires the FAA to modify how it hires from pool 1 and pool 2,
but it should not significantly change the number of persons
covered.
ECONOMIC IMPACT
S. 1148, as reported, would change certain aspects of the
way the FAA hires prospective air traffic controllers and does
not directly regulate individuals or businesses. As the bill
removes a potential limit on the number of individuals that can
be hired, it could allow for more such people to become
employed by the FAA as controllers.
PRIVACY
S. 1148, as reported, would not have a negative impact on
the privacy rights of individuals.
PAPERWORK
S. 1148, as reported, would require the FAA to produce
biannually a report on the hiring and training of air traffic
controllers. Furthermore, the DOT IG would be required to
conduct a review assessing the methodologies and assumptions
used in the development of the pre-employment screening test
for air traffic controllers.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title
This section would provide that the bill may be cited as
the ``ATC Hiring Reform Act of 2019''.
Section 2. Hiring of air traffic control specialists
This section would amend section 44506 (f)(1)(B)(i) of
title 49, United States Code, to require the FAA, when hiring
from the two pools established in that section, to give
preferential consideration within each qualification category
(based on pre-employment testing results) to pool 1 candidates
before pool 2 candidates.
Section 3. Report on air traffic controller and training
This section would require the FAA to provide an initial
report no later than December 31, 2019, and then subsequently
every 6 months, providing various statistics and data regarding
the agency's hiring and training of air traffic controllers.
This includes tracking where air traffic controller candidates
are throughout the hiring and training process at both the FAA
Academy and air traffic control facilities.
Section 4. Ensuring hiring preference for applicants with experience at
an air traffic control facility of the National Guard
This section would amend section 44506(f)(1)(A)(ii) of
title 49, United States Code, to clarify that individuals who
worked at National Guard facilities are among those eligible
for the hiring preference afforded to experienced controllers.
Section 5. DOT Inspector General review and report
This section would direct the DOT IG to undertake a review
that would assess the assumptions and methodologies used in
developing the air traffic controller pre-employment test and
provide a report to appropriate committees of Congress within
270 days.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
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
(a) * * *
(f) Hiring of Certain Air Traffic Control Specialists.--
(1) Consideration of applicants.--
(A) Ensuring selection of most qualified
applicants.--In appointing individuals to the
position of air traffic controller, the
Administrator shall give preferential
consideration to qualified individuals
maintaining 52 consecutive weeks of air traffic
control experience involving the full-time
active separation of air traffic after receipt
of an air traffic certification or air traffic
control facility rating within 5 years of
application while serving at--
(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) Consideration of additional applicants.--
(i) In general.--After giving
preferential consideration to
applicants under subparagraph (A), the
Administrator shall consider additional
applicants for the position of air
traffic controller by [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.] giving further preferential
consideration, within each
qualification category based upon pre-
employment testing results, to pool 1
applicants described in clause (ii)
before pool 2 applicants described in
clause (iii).
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