II 

116TH CONGRESS 

1ST SESSION S. 1322 

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, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2019 

Mr. LEE introduced the following bill; which was read twice and referred to 

the Committee on Commerce, Science, and Transportation 

A BILL 

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, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Air Traffic Control 

5 Safe Operation and Readiness Act of 2019’’. 


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1 SEC. 2. HIRING OF AIR TRAFFIC CONTROL SPECIALISTS. 

2 Section 44506(f)(1)(B) of title 49, United States 

3 Code, is amended— 

4 (1) in subparagraph (A)(ii), by inserting ‘‘(in5 cluding a facility of the National Guard)’’ after ‘‘De6 partment of Defense’’; and 

7 (2) in subparagraph (B)— 

8 (A) in clause (i), by striking ‘‘referring’’ 

9 and all that follows through ‘‘10 percent.’’ and 

10 inserting ‘‘giving preferential consideration to 

11 pool 1 applicants described in clause (ii) before 

12 considering pool 2 applicants described in 

13 clause (iii).’’.; and 

14 (B) by adding at the end the following new 

15 clause: 

16 ‘‘(iv) CONSIDERATION OF CAN17 DIDATES.—The Administrator shall con18 sider for the interview stage of the hiring 

19 process candidates in each applicant pool 

20 described in this subparagraph who— 

21 ‘‘(I) score at or above a passing 

22 score as determined by the Adminis23 trator on the Air Traffic Skills As24 sessment (AT–SA); and 


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1 ‘‘(II) meet minimum qualifica2 tions established by the Adminis3 trator.’’. 

4 SEC. 3. ENSURING HIRING OF AIR TRAFFIC CONTROL SPE5 CIALISTS IS BASED ON ASSESSMENT OF JOB6 RELEVANT APTITUDES. 

7 (a) UPDATE OF THE AIR TRAFFIC SKILLS ASSESS8 MENT.—Not later than 180 days after the date of enact9 ment of this Act, the Administrator of the Federal Avia10 tion Administration shall revise the Air Traffic Skills As11 sessment (in this section referred to as the ‘‘AT–SA’’) ad12 ministered to air traffic controller applicants described in 

13 clauses (ii) and (iii) of section 44506(f)(1)(B) of title 49, 

14 United States Code, in accordance with the following re15 quirements: 

16 (1) The Administrator shall ensure that all 

17 questions on the AT–SA are supported by a peer-re18 viewed job analysis that ensures all questions test 

19 job-relevant aptitudes. 

20 (2) The Administrator shall ensure that the 

21 AT–SA does not incorporate any biographical ques22 tionnaire or assessment or other questions of a bio23 graphical nature (other than basic identifiers such 

24 as first and last name) for applicants for the posi25 tion of air traffic controller from the applicant pools 


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1 described in clauses (ii) and (iii) of section 

2 44506(f)(1)(B) of title 49, United States Code. 

3 (b) CONFORMING AMENDMENTS ELIMINATING USE

4 OF BIOGRAPHICAL ASSESSMENTS FOR ALL APPLI5 CANTS.—Section 44506(f) of title 49, United States Code, 

6 as amended by section 2, is further amended— 

7 (1) in paragraph (1)(C)— 

8 (A) by striking clause (ii); and 

9 (B) by redesignating clause (iii) as clause 

10 (ii); and 

11 (2) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) NO BIOGRAPHICAL ASSESSMENTS.—The 

14 Administrator shall not use any biographical assess15 ment when hiring under paragraph (1)(A) or para16 graph (1)(B).’’. 

17 SEC. 4. DOT INSPECTOR GENERAL REPORT. 

18 Not later than 180 days after the date on which the 

19 Administrator of the Federal Aviation Administration 

20 completes the revision of the Air Traffic Skills Assessment 

21 (AT–SA) required under section 3(a), the Inspector Gen22 eral of the Department of Transportation shall submit a 

23 report to the Administrator, the Committee on Commerce, 

24 Science, and Transportation of the Senate, the Committee 

25 on Transportation and Infrastructure of the House of 


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1 Representatives, and, upon request, to any member of 

2 Congress, that assesses the assumptions and methodolo3 gies used to develop such revisions, the job-relevant apti4 tudes measured, and the scoring process for the revised 

5 assessment, together with, if appropriate, a description of 

6 any actions taken or recommended to be taken to address 

7 the results of the report. 

Æ 


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