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5 U.S.C. § 3384 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized to issue regulations to carry out the provisions of this subchapter.
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Source file: Laws/federal/codes/united-states-code/title-5/section-3384-regulations--fd901fb597.md
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Source location: Title 5, Chapter 33, § 3384; chapter-033-examination-selection-and-placement.md
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The Secretary is authorized to issue regulations to carry out the provisions of this subchapter.
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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 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. § 3384
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