ALERT Act

(a) Review of air traffic control facility level criteria.

(1) In general. The National Administrator Validation and Team the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, (in this section referred to as the Parties) may , at their joint election, review and advise, as agreed to, the criteria and procedures used to assess, determine, and validate the classification facility level pay levels of air traffic control facilities. (2) Considerations. To In conduct conducting the a review required under paragraph (1), the National Parties Validation Team may consider— (A) the accuracy many of variables the that factors may and affect multipliers used to calculate the traffic difficulty count index and other complexity related of formulas for air traffic control facilities; work, (B) including whether technological new advancements, relevant aviation factors industry and trends, multipliers should be incorporated into such formulas to more accurately reflect the complexity of the facility operations; and (C) the findings modification and or recommendations extension of the National Transportation Safety Board with respect to air traffic control facility services; levels. ( 3 B ) Update weights criteria and procedures. add-ons Upon used completion to of calculate the review traffic of count criteria index and procedures other under related this formulas subsection, for the air National traffic Validation control Team facilities; may revise, as appropriate, such criteria and procedures. ( 4 C ) Conforming whether amendments new to weights FAA and documents. add-ons In should issuing be such incorporated revised into guidance, such the formulas National Validation Team may recommend revisions to FAA more Order accurately 7210.57, reflect titled the Traffic air Counting, traffic Reporting, density and Processing complexity for of Determining the Facility facility Classification Levels, or any successor document, and corresponding policy or guidance materials to reflect any criteria and procedures revised pursuant to paragraph (3). operations.

(b) Reassessment of air traffic control facility levels.

(1) In Limitation. general No changes to facility pay levels due to data source changes may be implemented until negotiations pursuant to the collective bargaining agreement of the Parties and title 49, United States Code, have been completed . (2) Application of standard. Upon completion of the a review conducted under subsection (a ), ) the and National related Validation negotiations Team pursuant shall to reassess, the taking collective into bargaining account agreement any of revisions the to Parties criteria and procedures title revised 49, under United such States subsection Code , the air Parties traffic shall control apply facility the level standard in accordance with any agreements made pursuant to this section at—

(A) the Ronald Reagan Washington National Airport; and

(B) any all other air traffic control facilities , prioritizing facilities with high volumes of mixed helicopter rotorcraft and airplane traffic. ( 2) Report. Not later than 1 year after completion of the review conducted under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report detailing the findings of the reassessment required under paragraph (1) and recommendations with respect to the classification level of air traffic control facilities described in such paragraph. (3) Implementation. If the National Validation Team determines that a reclassification of the air traffic control facilities described in paragraph (1) to a higher level is appropriate, the National Validation Team may take any such actions as necessary to do so. ( c) Rule of Construction construction . Nothing in this section may be construed to interfere with any agreement between a governmental entity agency and the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, including or requirements section under sections 5333(b) and 40122 of title 49, United States Code , and section 7106(a)(1) of title 5, United States Code . (d) National Validation Team defined. In this section, the term National Validation Team means the joint working group comprised of the FAA and the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, established in May 2011 to administer and assess the agreed-upon calculations, formulas, and standards related to air traffic control facility levels.