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Brothers and Sisters, Section 804 is to be abolished, in a stunning turn of events endorsed by NATCA.
(Full disclosure, I cannot take credit for this detective work, merely the mouth piece this time)
Despite NATCA National renewing its commitment to Section 804 for realignments in our 2023 Constitution, NATCA National has gone on record publicly supporting the 2023 FAA Reauthorization Act that abolishes it. National is privately saying they do not care for Section 804..a law designed to protect our working conditions by affording NATCA a seat at the table when realigning facilities. Endorsing the change to the realignment process through bills that have the potential to become Federal Law tells me that the current NEB is no longer fit to represent the membership and would, perhaps, arbitrarily endorse ANY change to circumvent our contract.
(The House, Senate and White House all want more FAA staffing, but disagree on how to get there)
COLOR CODES
BLACK (White if in Dark mode) from 2012 FAA REAUTHORIZATION ACT (SECTION 804)
BLUE from 2018 FAA REAUTHORIZATION ACT (SECTION 510)-- Section 804 was basically unchanged; it just became Section 510. This expires once the 2023 Reauthorization Act begins on October 1st, 2023.
RED from 2023 FAA REAUTHORIZATION ACT (House of Representatives Version; ***Not Yet Law) SECTION 804 IS COMPLETELY REMOVED!!!! IN ADDITION, SECTION 744 PUTS INTO LAW THE EWR-PHL MOVE!!!!!
PURPLE Senate's Version (Has Not Passed The Senate Yet)
SECTION 804 IS REPLACED BY SECTION 414, "AIR TRAFFIC CONTROL FACILITY REALIGNMENT STUDY" (This version sucks as it removes the binding terminology from Section 804; the FAA can realign a facility regardless of whatever the "REALIGNMENT STUDY" produces).
GREEN NATCA Policy & Position Statements (From the 2021 NATCA Constitution)
Section 804 Consolidation and Realignment of FAA Services and Facilities
(a) NATIONAL FACILITIES REALIGNMENT AND CONSOLIDATION REPORT
1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall develop a report, to be known as the National Facilities Realignment and Consolidation Report, in accordance with the requirements of this subsection.
(2) PURPOSE.—The purpose of the report shall be—
(A) to support the transition to the Next Generation Air Transportation System; and
(B) to reduce capital, operating, maintenance, and administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety.
(3) CONTENTS.—The report shall include—
(A) recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and
(B) for each of the recommendations, a description of—
(i) the Administrator's justification;
(ii) the projected costs and savings; and
(iii) the proposed timing for implementation.
(4) INPUT.—The report shall be developed by the Administrator (or the Administrator's designee)—
(A) in coordination with the Chief NextGen Officer and the Chief Operating Officer of the Air Traffic Organization of the FAA; and
(B) with the participation of—
(i) representatives of labor organizations representing operations and maintenance employees of the air traffic control system; and
(ii) industry stakeholders.
(5) SUBMISSION TO CONGRESS.—Not later than 120 days after the date of enactment of this Act, the Administrator shall submit the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(6) PUBLIC NOTICE AND COMMENT.—The Administrator shall publish the report in the Federal Register and allow 45 days for the submission of public comments.
(b) REPORT TO CONGRESS CONTAINING RECOMMENDATIONS OF ADMINISTRATOR.—Not later than 60 days after the last day of the period for public comment under subsection (a)(6), the Administrator shall submit to the committees specified in subsection (a)(5)—
(1) a report containing the recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and
(2) copies of any public comments received by the Administrator under subsection (a)(6).
(c) REALIGNMENT AND CONSOLIDATION OF FAA SERVICES AND FACILITIES.—Except as provided in subsection (d), the Administrator shall realign and consolidate the services and facilities of the FAA in accordance with the recommendations included in the report submitted under subsection (b).
(d) CONGRESSIONAL DISAPPROVAL.—
(1) IN GENERAL.—The Administrator may not carry out a recommendation for realignment or consolidation of services or facilities of the FAA that is included in the report submitted under subsection (b) if a joint resolution of disapproval is *121 enacted disapproving such recommendation before the earlier of—
(A) the last day of the 30–day period beginning on the date of submission of the report; or
(B) the adjournment of Congress sine die for the session during which the report is transmitted.
(2) COMPUTATION OF 30–DAY PERIOD.—For purposes of paragraph (1)(A), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in computation of the 30–day period.
(e) DEFINITIONS.—In this section, the following definitions apply:
(1) FAA.—The term “FAA” means the Federal Aviation Administration.
(2) REALIGNMENT; CONSOLIDATION.—
(A) IN GENERAL.—The terms “realignment” and “consolidation” include any action that—
(i) relocates functions, services, or personnel positions;
(ii) discontinues or severs existing facility functions or services; or
(iii) combines the results described in clauses (i) and (ii).
(B) EXCLUSION.—The terms do not include a reduction in personnel resulting from workload adjustments.
FAA MODERNIZATION AND REFORM ACT OF 2012, PL 112-95, February 14, 2012, 126 Stat 11
FAA REAUTHORIZATION ACT OF 2018, PL 115-254, October 5, 2018, 132 Stat 3186
a) PURPOSE AND INPUT.—Section 804(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44501 note) is amended—
(1) in paragraph (2) by striking “The purpose of the report shall be—” and all that follows through “(B) to reduce” and inserting “The purpose of the report shall be to reduce”; and
(2) by striking paragraph (4) and inserting the following:
“(4) INPUT.—The report shall be prepared by the Administrator (or the Administrator's designee) with the participation of—
“(A) representatives of labor organizations representing air traffic control system employees of the FAA; and
“(B) industry stakeholders.”.
(b) MILITARY OPERATIONS EXCLUSION.—Section 804 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44501 note) is amended—
*3356
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
“(e) MILITARY OPERATIONS EXCLUSION.—
“(1) IN GENERAL.—The Administrator may not realign or consolidate a combined TRACON and tower with radar facility of the FAA under this section if, in 2015, the total annual military operations at the facility comprised at least 40 percent of the total annual TRACON operations at the facility.
“(2) TRACON DEFINED.—In this subsection, the term ‘TRACON’ means terminal radar approach control.”.
<< 49 USCA § 106 NOTE >>
FAA REAUTHORIZATION ACT OF 2018, PL 115-254, October 5, 2018, 132 Stat 3186
SEC. 744. AIRSPACE TRANSITION COMPLETION.
(a) In General. Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall ensure that responsibility for the Newark, New Jersey radar sector is moved to the Philadelphia terminal radar approach control facility.
(b) Staffing. In carrying out subsection (a), the Administrator may not-
(1) require the temporary or permanent movement of any personnel from the New York terminal radar approach control facility to the Philadelphia terminal radar approach control facility, but may solicit such personnel to volunteer to temporarily or permanently facilitate the move required under subsection (a); or
(2) reduce the target staffing level of the New York terminal radar approach control facility.
(c) Congressional Briefings. Not later than 180 days after the date of enactment of this Act and every 60 days thereafter, the Administrator and the head of the collective bargaining unit representing air traffic controllers shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the move required under subsection (a) until such time as the Newark, New Jersey radar sector is under the full responsibility of the Philadelphia terminal radar approach control facility.
118th CONGRESS, 1st Session, 118th CONGRESS, 1st Session
July 11th, 2023
SEC. 414. AIR TRAFFIC CONTROL FACILITY REALIGNMENT STUDY.
(a) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator shall partner with a third party to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management.
(b) CONTENTS.—The report required by subsection (a) shall do the following:
(1) Evaluate the potential efficiencies that may result from a reorganization.
(2) Identify whether certain areas prone to con- gestion or staff shortages would benefit from enhanced flexibilities.
(3) Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment.
(c) REPORT AND BRIEFING.—
(1) TO THE ADMINISTRATOR.—Not later than September 30, 2025, the third party described in subsection (a) shall submit to the Administrator a report on the recommendations described in sub-
section (b)(3), and a copy of such report shall be
transmitted to the labor organization representing air traffic controllers.
(2) TO CONGRESS.—Not later than 60 days after receiving the recommendations described in subsection (b)(3), the Administrator shall brief the relevant Congressional committees on such recommendations, as well as the Administrator’s plan, if any, to implement such recommendations.
NATCA CONSTITUTION:
PSC-1 Facility Consolidations (1/00, 9/10, 9/16)
Protecting and ensuring the overall safety and efficiency of the National Airspace System should be in the forefront of any realignment of air traffic control facilities or services (including regional offices). The terms “realignment” and “consolidation” include any action that relocates functions, services, or personnel positions; discontinues or severs existing facility functions or services; or combines them.
Each facility, sectored airspace and regional office is unique. Therefore, the only way to determine if the realignment of an air traffic control facility or services is necessary and appropriate is through the development of a comprehensive process with clearly outlined criteria and participants. That process was created through collaboration under Public Law 112-95 Section 804, now known as “Section 804.” NATCA will be involved in the development of all criteria, discussions, decisions, and briefings to Congress whereby we must assist the Agency to:
a. Support the transition to the Next Generation Air Transportation System.
b. Reduce capital, operating, maintenance, and administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety.
That process must include or provide for:
a. Controllers, representatives of labor organizations representing operations and maintenance employees of the air traffic control system, as well as industry stakeholders, from inception to implementation.
b. The process must be clearly explained to all parties and members of each facility shall have a right to inform the process during all phases.
c. Sustaining the overall efficiencies of the NAS shall be at the forefront of the process with every effort made toward helping to reduce capital, operating, maintenance and administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety.
d. Cost never trumps safety and efficiency or the quality and level of services provided to users.
e. The lives of employees and their families are a major consideration throughout the process.
f. A collaboratively agreed upon process for existing and future facilities will be agreed upon Nationally.
NATCA supports realignments and advances to the National Airspace System only where the above criteria are met and if it can be done without compromising safety.
(Full disclosure, I cannot take credit for this detective work, merely the mouth piece this time)
Despite NATCA National renewing its commitment to Section 804 for realignments in our 2023 Constitution, NATCA National has gone on record publicly supporting the 2023 FAA Reauthorization Act that abolishes it. National is privately saying they do not care for Section 804..a law designed to protect our working conditions by affording NATCA a seat at the table when realigning facilities. Endorsing the change to the realignment process through bills that have the potential to become Federal Law tells me that the current NEB is no longer fit to represent the membership and would, perhaps, arbitrarily endorse ANY change to circumvent our contract.
(The House, Senate and White House all want more FAA staffing, but disagree on how to get there)
COLOR CODES
BLACK (White if in Dark mode) from 2012 FAA REAUTHORIZATION ACT (SECTION 804)
BLUE from 2018 FAA REAUTHORIZATION ACT (SECTION 510)-- Section 804 was basically unchanged; it just became Section 510. This expires once the 2023 Reauthorization Act begins on October 1st, 2023.
RED from 2023 FAA REAUTHORIZATION ACT (House of Representatives Version; ***Not Yet Law) SECTION 804 IS COMPLETELY REMOVED!!!! IN ADDITION, SECTION 744 PUTS INTO LAW THE EWR-PHL MOVE!!!!!
PURPLE Senate's Version (Has Not Passed The Senate Yet)
SECTION 804 IS REPLACED BY SECTION 414, "AIR TRAFFIC CONTROL FACILITY REALIGNMENT STUDY" (This version sucks as it removes the binding terminology from Section 804; the FAA can realign a facility regardless of whatever the "REALIGNMENT STUDY" produces).
GREEN NATCA Policy & Position Statements (From the 2021 NATCA Constitution)
Section 804 Consolidation and Realignment of FAA Services and Facilities
(a) NATIONAL FACILITIES REALIGNMENT AND CONSOLIDATION REPORT
1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall develop a report, to be known as the National Facilities Realignment and Consolidation Report, in accordance with the requirements of this subsection.
(2) PURPOSE.—The purpose of the report shall be—
(A) to support the transition to the Next Generation Air Transportation System; and
(B) to reduce capital, operating, maintenance, and administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety.
(3) CONTENTS.—The report shall include—
(A) recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and
(B) for each of the recommendations, a description of—
(i) the Administrator's justification;
(ii) the projected costs and savings; and
(iii) the proposed timing for implementation.
(4) INPUT.—The report shall be developed by the Administrator (or the Administrator's designee)—
(A) in coordination with the Chief NextGen Officer and the Chief Operating Officer of the Air Traffic Organization of the FAA; and
(B) with the participation of—
(i) representatives of labor organizations representing operations and maintenance employees of the air traffic control system; and
(ii) industry stakeholders.
(5) SUBMISSION TO CONGRESS.—Not later than 120 days after the date of enactment of this Act, the Administrator shall submit the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(6) PUBLIC NOTICE AND COMMENT.—The Administrator shall publish the report in the Federal Register and allow 45 days for the submission of public comments.
(b) REPORT TO CONGRESS CONTAINING RECOMMENDATIONS OF ADMINISTRATOR.—Not later than 60 days after the last day of the period for public comment under subsection (a)(6), the Administrator shall submit to the committees specified in subsection (a)(5)—
(1) a report containing the recommendations of the Administrator on realignment and consolidation of services and facilities (including regional offices) of the FAA; and
(2) copies of any public comments received by the Administrator under subsection (a)(6).
(c) REALIGNMENT AND CONSOLIDATION OF FAA SERVICES AND FACILITIES.—Except as provided in subsection (d), the Administrator shall realign and consolidate the services and facilities of the FAA in accordance with the recommendations included in the report submitted under subsection (b).
(d) CONGRESSIONAL DISAPPROVAL.—
(1) IN GENERAL.—The Administrator may not carry out a recommendation for realignment or consolidation of services or facilities of the FAA that is included in the report submitted under subsection (b) if a joint resolution of disapproval is *121 enacted disapproving such recommendation before the earlier of—
(A) the last day of the 30–day period beginning on the date of submission of the report; or
(B) the adjournment of Congress sine die for the session during which the report is transmitted.
(2) COMPUTATION OF 30–DAY PERIOD.—For purposes of paragraph (1)(A), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in computation of the 30–day period.
(e) DEFINITIONS.—In this section, the following definitions apply:
(1) FAA.—The term “FAA” means the Federal Aviation Administration.
(2) REALIGNMENT; CONSOLIDATION.—
(A) IN GENERAL.—The terms “realignment” and “consolidation” include any action that—
(i) relocates functions, services, or personnel positions;
(ii) discontinues or severs existing facility functions or services; or
(iii) combines the results described in clauses (i) and (ii).
(B) EXCLUSION.—The terms do not include a reduction in personnel resulting from workload adjustments.
FAA MODERNIZATION AND REFORM ACT OF 2012, PL 112-95, February 14, 2012, 126 Stat 11
FAA REAUTHORIZATION ACT OF 2018, PL 115-254, October 5, 2018, 132 Stat 3186
a) PURPOSE AND INPUT.—Section 804(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44501 note) is amended—
(1) in paragraph (2) by striking “The purpose of the report shall be—” and all that follows through “(B) to reduce” and inserting “The purpose of the report shall be to reduce”; and
(2) by striking paragraph (4) and inserting the following:
“(4) INPUT.—The report shall be prepared by the Administrator (or the Administrator's designee) with the participation of—
“(A) representatives of labor organizations representing air traffic control system employees of the FAA; and
“(B) industry stakeholders.”.
(b) MILITARY OPERATIONS EXCLUSION.—Section 804 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44501 note) is amended—
*3356
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
“(e) MILITARY OPERATIONS EXCLUSION.—
“(1) IN GENERAL.—The Administrator may not realign or consolidate a combined TRACON and tower with radar facility of the FAA under this section if, in 2015, the total annual military operations at the facility comprised at least 40 percent of the total annual TRACON operations at the facility.
“(2) TRACON DEFINED.—In this subsection, the term ‘TRACON’ means terminal radar approach control.”.
<< 49 USCA § 106 NOTE >>
FAA REAUTHORIZATION ACT OF 2018, PL 115-254, October 5, 2018, 132 Stat 3186
SEC. 744. AIRSPACE TRANSITION COMPLETION.
(a) In General. Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall ensure that responsibility for the Newark, New Jersey radar sector is moved to the Philadelphia terminal radar approach control facility.
(b) Staffing. In carrying out subsection (a), the Administrator may not-
(1) require the temporary or permanent movement of any personnel from the New York terminal radar approach control facility to the Philadelphia terminal radar approach control facility, but may solicit such personnel to volunteer to temporarily or permanently facilitate the move required under subsection (a); or
(2) reduce the target staffing level of the New York terminal radar approach control facility.
(c) Congressional Briefings. Not later than 180 days after the date of enactment of this Act and every 60 days thereafter, the Administrator and the head of the collective bargaining unit representing air traffic controllers shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the move required under subsection (a) until such time as the Newark, New Jersey radar sector is under the full responsibility of the Philadelphia terminal radar approach control facility.
118th CONGRESS, 1st Session, 118th CONGRESS, 1st Session
July 11th, 2023
SEC. 414. AIR TRAFFIC CONTROL FACILITY REALIGNMENT STUDY.
(a) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator shall partner with a third party to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management.
(b) CONTENTS.—The report required by subsection (a) shall do the following:
(1) Evaluate the potential efficiencies that may result from a reorganization.
(2) Identify whether certain areas prone to con- gestion or staff shortages would benefit from enhanced flexibilities.
(3) Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment.
(c) REPORT AND BRIEFING.—
(1) TO THE ADMINISTRATOR.—Not later than September 30, 2025, the third party described in subsection (a) shall submit to the Administrator a report on the recommendations described in sub-
section (b)(3), and a copy of such report shall be
transmitted to the labor organization representing air traffic controllers.
(2) TO CONGRESS.—Not later than 60 days after receiving the recommendations described in subsection (b)(3), the Administrator shall brief the relevant Congressional committees on such recommendations, as well as the Administrator’s plan, if any, to implement such recommendations.
NATCA CONSTITUTION:
PSC-1 Facility Consolidations (1/00, 9/10, 9/16)
Protecting and ensuring the overall safety and efficiency of the National Airspace System should be in the forefront of any realignment of air traffic control facilities or services (including regional offices). The terms “realignment” and “consolidation” include any action that relocates functions, services, or personnel positions; discontinues or severs existing facility functions or services; or combines them.
Each facility, sectored airspace and regional office is unique. Therefore, the only way to determine if the realignment of an air traffic control facility or services is necessary and appropriate is through the development of a comprehensive process with clearly outlined criteria and participants. That process was created through collaboration under Public Law 112-95 Section 804, now known as “Section 804.” NATCA will be involved in the development of all criteria, discussions, decisions, and briefings to Congress whereby we must assist the Agency to:
a. Support the transition to the Next Generation Air Transportation System.
b. Reduce capital, operating, maintenance, and administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety.
That process must include or provide for:
a. Controllers, representatives of labor organizations representing operations and maintenance employees of the air traffic control system, as well as industry stakeholders, from inception to implementation.
b. The process must be clearly explained to all parties and members of each facility shall have a right to inform the process during all phases.
c. Sustaining the overall efficiencies of the NAS shall be at the forefront of the process with every effort made toward helping to reduce capital, operating, maintenance and administrative costs of the FAA where such cost reductions can be implemented without adversely affecting safety.
d. Cost never trumps safety and efficiency or the quality and level of services provided to users.
e. The lives of employees and their families are a major consideration throughout the process.
f. A collaboratively agreed upon process for existing and future facilities will be agreed upon Nationally.
NATCA supports realignments and advances to the National Airspace System only where the above criteria are met and if it can be done without compromising safety.
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