CONTROLLER HIRING.

SEC. 108. CONTROLLER HIRING. Section 44506(f) of title 49, United States Code, is amended— (1) in paragraph (1) by adding at the end the following: “(C) Special rule.— “(i) In general.—Notwithstanding subparagraph (B), after giving preferential consideration to applicants under subparagraph (A) and if, after consulting with the labor organization recognized as the exclusive representative of air traffic controllers under section 7111 of title 5, the Administrator determines there are unique circumstances affecting a covered facility that warrant a vacancy announcement with a limited area of consideration, the Administrator may consider applicants for the position of air traffic controller who apply under a vacancy announcement recruiting from the local commuting area for that covered facility. “(ii) Biographical assessments.—The Administrator shall not use any biographical assessment with respect to an applicant under this subparagraph who would otherwise qualify as a Pool 1 applicant under subparagraph (B)(ii). “(iii) Covered facility defined.—In this subparagraph the term ‘covered facility’ means a radar facility with at least 1,000,000 operations annually that is located in a metropolitan statistical area (as defined by the Office of Management and Budget) with a population estimate by the Bureau of the Census of more than 15,000,000 (as of July 1, 2016).” ; and (2) in paragraph (3)— (A) by inserting “except for individuals covered by the program described in paragraph (4),” after “section 3307 of title 5,”; and (B) by adding at the end the following: “(4) Retired military controllers.—The Administrator may establish a program to provide an original appointment to a position as an air traffic controller for individuals who— “(A) are on terminal leave pending retirement from active duty military service or have retired from active duty military service within 5 years of applying for the appointment; and “(B) have held either an air traffic certification or air traffic control facility rating according to Administration standards within 5 years of applying for the appointment.” .