Title 5 — Government Organization and Employees

Part III · Chapter 33 — Examination, Selection, and Placement

§ 3381. Training

Statutory text

An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary has determined—

he is medically disqualified for duties as a controller;

he is unable to maintain technical proficiency as a controller; or

such removal is necessary for the preservation of the physical or mental health of the controller;

is entitled to not more than the full-time equivalent of 2 years of training.

During a period of training under this section, a controller shall be—

retained at his last assigned grade and rate of basic pay as a controller;

entitled to each increase in rate of basic pay provided under law; and

excluded from staffing limitations otherwise applicable.

Upon completion of training under this section, a controller may be—

assigned to other duties in the Executive agency in which the controller is employed;

released for transfer to another Executive agency; or

involuntarily separated from the service.

The involuntary separation of a controller under this subsection is not a removal for cause on charges of misconduct, delinquency, or inefficiency for purposes of section 5595 or section 8336 of this title.

The Secretary, without regard to section 3324(a) and (b) of title 31, may pay, or reimburse a controller for, all or part of the necessary expenses of training provided under this section, including expenses authorized to be paid under chapter 41 and subchapter I of chapter 57 of this title, and the costs of other services or facilities directly related to the training of a controller.

Except as provided by subsection (d) of this section, the provisions of chapter 41 of this title, other than sections 4105, 4107(a) and (b),1 and 4111, shall not apply to training under this section.

The provisions of this section shall not otherwise affect the authority of the Secretary to provide training under chapter 41 of this title or under any other provision of law.

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1972
Pub. L. 92–297 § 3(a) · 86 Stat. 141
Enacted · 5 U.S.C. § 3381
Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142
Source evidence
Code source credit
Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142
Enacted provision · exact public law section
(a) Chapter 33 of title 5, United States Code, is amended by adding the following new subchapter at the end thereof: “SUBCHAPTER VII— AIR TRAFFIC CONTROLLERS “§ 3381. Training “(a) An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary of Transportation has determined— “(1) he is medically disqualified for duties as a controller; “(2) he is unable to maintain technical proficiency as a controller; or “(3) such removal is necessary for the preservation of the physical or mental health of the controller; is entitled to not more than the fulltime equivalent of 2 years of training. “(b) During a period of training under this section, a controller shall be— “(1) retained at his last assigned grade and rate of basic pay as a controller; “(2) entitled to each increase in rate of basic pay provided under law; and “(3) excluded from staffing limitations otherwise applicable. “(c) Upon completion of training under this section, a controller may be— “(1) assigned to other duties in the Department of Transportation; “(2) released for transfer to another Executive agency; or “(3) involuntarily separated from the service. The involuntary separation of a controller under this subsection is not a removal for cause on charges of misconduct, delinquency, or 81 Stat. 201. Post, p. 144. Expense reimbursement. inefficiency for purposes of section 5595 or section 8336 of this title. “(d) The Secretary, without regard to section 529 of title 31, may pay, or reimburse a controller for, all or part of the necessary expenses of training provided under this section, including expenses authorized 5 USC 4101. 5 USC 5701. to be paid under chapter 41 and subchapter I of chapter 57 of this title, and the costs of other services or facilities directly related to the training of a controller. “(e) Except as provided by subsection (d) of this section, the provisions of chapter 41 of this title, other than sections 4105(a), 4107 (a) and (b), and 4111, shall not apply to training under this section. “(f) The provisions of this section shall not otherwise affect the authority of the Secretary to provide training under chapter 41 of thistle or under any other provision of law. “§ 3382. Involuntary separation for retirement “An air traffic controller who is eligible for immediate retirement under section 8336 of this title may be separated involuntarily from the service if the Secretary of Transportation determines that the separation of the controller is necessary in the interest of— “(1) aviation safety; “(2) the efficient control of air traffic; or “(3) the preservation of the physical or mental health of the controller. Chapter 75 of this title does not apply to a determination or action 5 USC 7501. under this section. Separation under this section shall not become final, without the consent of the controller, until the last day of the second month following the day the controller receives a notification of the determination by the Secretary under this section, or, if a review is requested under section 3383 of this title, the last day of the month in which a final decision is issued by a board of review under section 3383(c) of this title, whichever is later. A controller who is to be separated under this section is entitled to training under section 3381 of this title. Separation of such a controller who elects to receive training under section 3381 shall not become final until the last day of the month following the completion of his training. “§ 3383. Determinations; review procedures “(a) An air traffic controller subject to a determination by the Secretary of Transportation under section 3381(a) or section 3382 of this title, shall be furnished a written notice of the determination and the reasons therefor, and a notification that the controller has 15 days after the receipt of the notification within which to file a written request for reconsideration of the determination. Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final. “(b) If the Secretary does not rescind his determination within Review board. 15 days after his receipt of the written request filed by the controller under subsection (a) of this section, the Secretary shall immediately convene a board of review, consisting of— Membership. “(1) a person designated by the controller; “(2) a representative of the Department of Transportation designated by the Secretary; and “(3) a representative of the Civil Service Commission, designated by the Chairman, who shall serve as chairman of the board of review. “(c) The board of review shall review evidence supporting and Findings, copies to Secretary and controller. inconsistent with the determination of the Secretary and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the Secretary and the controller. The board may approve or rescind the determination of the Secretary. A decision by the board under this subsection is final. The Secretary shall take such action as may be necessary to carry out the decision of the board. “(d) Except as provided under section 3382 of this title, the review procedure of this section is in addition to any other review or appeal procedures provided under any other provision of law, but is the sole and exclusive administrative remedy available to a controller within the Department of Transportation. “§3384. Regulations “The Secretary of Transportation is authorized to issue regulations to carry out the provisions of this subchapter. “§ 3385. Effect on other authority “This subchapter shall not limit the authority of the Secretary of Transportation to reassign temporarily an air traffic controller to other duties with or without notice, in the interest of the safe or efficient separation and control of air traffic or the physical or mental health of a controller; or to reassign permanently or separate a controller under any other provision of law.”.
1980
Pub. L. 96–347 § 1(b) · 94 Stat. 1150
Substituted · 5 U.S.C. § 3381(a)
Pub. L. 96–347, § 1(b), substituted “Secretary” for “Secretary of Transportation”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–347, § 1(b), substituted “Secretary” for “Secretary of Transportation”.
Enacted provision · exact public law section
(1) Section 3381(c)(1) of title 5, United States Code, is amended by striking out “in the Department of Transportation” and inserting in lieu thereof “in the Executive agency in which the controller is employed”.
1980
Pub. L. 96–347 § 1(c)(1) · 94 Stat. 1150
Substituted · 5 U.S.C. § 3381(c)(1)
Pub. L. 96–347, § 1(c)(1), substituted “in the Executive agency in which the controller is employed” for “in the Department of Transportation”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 96–347, § 1(c)(1), substituted “in the Executive agency in which the controller is employed” for “in the Department of Transportation”.
Enacted provision · exact public law section
(1) Section 3381(c)(1) of title 5, United States Code, is amended by striking out “in the Department of Transportation” and inserting in lieu thereof “in the Executive agency in which the controller is employed”.
1982
Pub. L. 97–258 § 3(a)(7) · 96 Stat. 1063
Substituted · 5 U.S.C. § 3381(d)
Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”.
1994
Federal Workforce Restructuring Act of 1994
Pub. L. 103–226 § 2(b)(1) · 108 Stat. 111
Substituted · 5 U.S.C. § 3381(e)
Pub. L. 103–226 substituted “4105,” for “4105(a),”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–226 substituted “4105,” for “4105(a),”.
Enacted provision · exact public law section
(1) in section 3381(e) by striking “4105(a),” and inserting “4105,”; and
Effective date note
Pub. L. 103–226, § 2(c), Mar. 30, 1994, 108 Stat. 112, provided that: “The amendments made by this section [amending this section and sections 4101, 4103, 4105, 4107, 4108, 4113, and 4118 of this title and repealing sections 4106 and 4114 of this title] shall become effective on the date of enactment of this Act [Mar. 30, 1994].”

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

For definition of Secretary, referred to in subsec. (a), see section 2109 of this title.

Subsecs. (a) and (b) of section 4107 of this title, referred to in subsec. (e), were struck out, and subsecs. (c) and (d) of section 4107 were redesignated (a) and (b), respectively, by Pub. L. 103–226, § 2(a)(5)(B), Mar. 30, 1994, 108 Stat. 112. Subsequently, section 4107 was amended generally by Pub. L. 107–296, title XIII, § 1331(a), Nov. 25, 2002, 116 Stat. 2298.

Amendments1980–1994 · 3 rounds

1994

Subsec. (e). Pub. L. 103–226 substituted “4105,” for “4105(a),”.

1982

Subsec. (d). Pub. L. 97–258 substituted “section 3324(a) and (b)” for “section 529”.

1980

Subsec. (a). Pub. L. 96–347, § 1(b), substituted “Secretary” for “Secretary of Transportation”.

Subsec. (c)(1). Pub. L. 96–347, § 1(c)(1), substituted “in the Executive agency in which the controller is employed” for “in the Department of Transportation”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–226, § 2(c), Mar. 30, 1994, 108 Stat. 112, provided that: “The amendments made by this section [amending this section and sections 4101, 4103, 4105, 4107, 4108, 4113, and 4118 of this title and repealing sections 4106 and 4114 of this title] shall become effective on the date of enactment of this Act [Mar. 30, 1994].”

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title.

Effective Date

Pub. L. 92–297, § 10, May 16, 1972, 86 Stat. 145, provided that: “This Act [enacting this subchapter and section 2109 of this title, amending sections 3307, 8332, 8334 to 8336, 8339, 8341, 8344 of this title, enacting provisions set out as notes under this section and section 8335 of this title, and repealing provisions set out as a note under section 3307 of this title] shall become effective at the beginning of the ninetieth day after the date of enactment of this Act [May 16, 1972].”

Report to Congress

Pub. L. 92–297, § 9, May 16, 1972, 86 Stat. 145, directed the Secretary of Transportation to report to Congress no later than 5 years after May 16, 1972, concerning his operations under the amendments made by Pub. L. 92–297, including a detailed statement of the effectiveness of Pub. L. 92–297 in meeting the needs of the Air Traffic Controller career program and of the air traffic control system plus recommendations for the management of the program or the system.

Credits

1972–1994 · 4 acts

1972Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142
1980amended Pub. L. 96–347, § 1(b), (c)(1), Sept. 12, 1980, 94 Stat. 1150
1982Pub. L. 97–258, § 3(a)(7), Sept. 13, 1982, 96 Stat. 1063
1994Pub. L. 103–226, § 2(b)(1), Mar. 30, 1994, 108 Stat. 112.

Show as published

(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142; amended Pub. L. 96–347, § 1(b), (c)(1), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 97–258, § 3(a)(7), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103–226, § 2(b)(1), Mar. 30, 1994, 108 Stat. 112.)