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5 U.S.C. § 3385 — Effect on other authority
Federal law — U.S. Code and appendices · legal_authorities
This subchapter shall not limit the authority of the Secretary 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.
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Source file: Laws/federal/codes/united-states-code/title-5/section-3385-effect-on-other-authority--d08b24dfba.md
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Source location: Title 5, Chapter 33, § 3385; chapter-033-examination-selection-and-placement.md
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This subchapter shall not limit the authority of the Secretary 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.
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2109
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3381
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Federal law — U.S. Code and appendices · legal_authorities
Page 436
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3385
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86
Stat. 143; 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 substituted ‘‘Secretary’’ for ‘‘Sec-
retary of Transportation’’.
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
out as a note under section 2109 of this title.
EFFECTIVE DATE
Section effective on 90th day after May 16, 1972, see
section 10 of Pub. L. 92–297, set out as a note under sec-
tion 3381 of this title.
§ 3385. Effect on other authority
This subchapter shall not limit the authority
of the Secretary to reassign temporarily an air
traffic controller to other duties with or with-
out notice, in the interest of the safe or efficient
separation and control of air traffic or the phys-
ical or mental health of a controller; or to reas-
sign permanently or separate a controller under
any other provision of law.
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86
Stat. 143; 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 substituted ‘‘Secretary’’ for ‘‘Sec-
retary of Transportation’’.
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
out as a note under section 2109 of this title.
EFFECTIVE
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3385
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