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5 U.S.C. § 3383 — Determinations; review procedures

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3383 — Determinations; review procedures

**(a)** An air traffic controller subject to a determination by the Secretary under section 3381(a) or [section 3382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3382&num=0&edition=prelim), 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 Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final.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 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— (1) a person designated by the controller; (2) a representative of the Executive agency in which the controller is employed designated by the Secretary; and (3) a representative of the Merit Systems Protection Board, designated by the Chairman, who shall serve as chairman of the board of review. **(c)** The board of review shall review evidence supporting and 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](https://uscode.house.gov/view.xhtml?r

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Stable record: federal_law:legal_authorities:record_usc_5f47581c69600e39b9b721d5
Source file: Laws/federal/codes/united-states-code/title-5/section-3383-determinations-review-procedures--bf484ca824.md
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Source location: Title 5, Chapter 33, § 3383; chapter-033-examination-selection-and-placement.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2109 — Air traffic controller; Secretary

For the purpose of this title— (1) “air traffic controller” or “controller” means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility— (A) is actively engaged— (i) in the separation and control of air traffic; or (ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or (B) is the immediate supervisor of any employee described in subparagraph (A); and (2) “Secretary”, when used in connection with “air traffic controller” or “controller”, means the Secretary of Transportation with respect to controllers in the Department of Transportation, and the Secretary of Defense with respect to controllers in the Department of Defense.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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 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 full-time 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 Executive agency in which the controller is employed; (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 inefficiency for purposes of section 5595 or [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336&num=0&edition=prelim). **(d)** 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. **(e)** Except as provided by subsection (d) of this

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3382 — Involuntary separation for retirement

An air traffic controller who is eligible for immediate retirement under [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336&num=0&edition=prelim) may be separated involuntarily from the service if the Secretary 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3383&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3383/c&num=0&edition=prelim), whichever is later. A controller who is to be separated under this section is entitled to training under [section 3381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3381&num=0&edition=prelim). 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3383 — Determinations; review procedures

Page 435 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3384 title may be separated involuntarily from the service if the Secretary determines that the sep- aration of the controller is necessary in the in- terest of— (1) aviation safety; (2) the efficient control of air traffic; or (3) the preservation of the physical or men- tal health of the controller. Chapter 75 of this title does not apply to a deter- mination or action under this section. Separa- tion 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 de- termination 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. (Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142; amended Pub. L. 96–347, § 1(b), Sept. 12, 1980, 94 Stat. 1150.) Editorial Notes REFERENCES IN TEXT For definition of Secretary, referred to in text, see section 2109 of this title. AMENDMENTS 1980—Pub. L. 96–347 in provisions preceding par. (1) substituted ‘‘Secretary determines’’ for ‘‘Secretary of Transportation determines’’. Statutory Notes and Related Subsidiaries 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 o

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3383

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