ACR MLG HAS NMAC WITH SMA DURING CLIMB OUT OF BUR.

Narrative

NEAR COLLISION ON CLBOUT FROM BUR. DAY VFR 30+ MI VIS. FLT WAS ON AN ASSIGNED HDG OF 360 DEGS; CLBING TO 17000'. WE WERE LOOKING AT CENTER CALLED TFC AT 12 O'CLOCK AND 19000'. AT ABOUT 16300' I SAW AN SMA AT APPROX 12:30 TO OUR ACFT WITH NO MOVEMENT INDICATED. I TURNED 30 DEGS RIGHT AND THEN I COULD TELL THE SMA WAS MOVING FROM OUR RIGHT TO LEFT AS WE WENT BEHIND HIM. THE CAPT WAS HANDLING ATC AND HE ASKED THE CTLR IF HE HAD THAT TFC AT 12 O'CLOCK THAT WE JUST BARELY MISSED. THE CTLR SOUNDED EXTREMELY BUSY AND RESPONDED HE DID AND HANDED US OFF TO ANOTHER FREQ. WHAT REALLY CAUSED THE PROB IS AN ATC SYS THAT IS POORLY MANAGED AND OVERLOADED. THEY WERE SQUAWKING 1200 WITH AN OPERATIVE MODE C SHOWING 16500'. THE CTLR WAS TOO BUSY WITH OTHER TFC TO SEE THE SMA ON HIS SCOPE. THE FIX IS TO HAVE ENOUGH PEOPLE AND MODERN ENOUGH EQUIP TO HANDLE ALL THE TFC IN THE SKY. RELEASING THE MONEY IN THE AVIATION TRUST FUND WOULD VIRTUALLY ALLEVIATE THE MONEY PROB FOR ATC MODERNIZATION. SUPPLEMENTAL INFO FROM ACN 93481: ASKED CTLR IF HE HAD THE SMA ON HIS SCOPE AND I BELIEVE HE SAID YES.