§ 3383. Determinations; review procedures

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.

1. 1972

   Pub. L. 92–297 § 3(a) · 86 Stat. 141

   Enacted · 5 U.S.C. § 3383

   Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 143

   Source evidence

   Code source credit
   Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 143

   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.”.

2. 1978

   Pub. L. 95–454 title IX § 906(a)(6) · 92 Stat. 1111

   Substituted · 5 U.S.C. § 3383(b)(3)

   Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission”.

   Enacted provision · exact public law section
   (6) in sections 1505–1508 and 3383, by striking out “Civil Service Commission” and “Commission” each place they appear and inserting in lieu thereof “Merit Systems Protection Board” and “Board”, respectively;

3. 1980

   Pub. L. 96–347 § 1(b) · 94 Stat. 1150

   Substituted · 5 U.S.C. § 3383(a)

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

   Source evidence

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

   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”.

   Effective date note
   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.

4. 1980

   Pub. L. 96–347 § 1(c)(2) · 94 Stat. 1150

   Substituted · 5 U.S.C. § 3383(b)(2)

   Pub. L. 96–347, § 1(c)(2), substituted “the Executive agency in which the controller is employed” for “the Department of Transportation”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 96–347, § 1(c)(2), substituted “the Executive agency in which the controller is employed” for “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”.

   Effective date note
   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.

5. 1980

   Pub. L. 96–347 § 1(c)(3) · 94 Stat. 1150

   Substituted · 5 U.S.C. § 3383(d)

   Pub. L. 96–347, § 1(c)(3), substituted “within the Executive agency in which such controller is employed” for “within the Department of Transportation”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 96–347, § 1(c)(3), substituted “within the Executive agency in which such controller is employed” for “within 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”.

   Effective date note
   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.

5 of 5 references resolved to an enrolled provision