§3381 — Title 5 Government Organization and Employees | U.S. Code

Summary

Provides training for an air traffic controller who has at least 5 years as a controller and is being removed because the Secretary finds the controller is medically unfit for controller duties, cannot keep up technical skills, or must be removed to protect the controller’s physical or mental health. While in training, the controller keeps their last controller grade and base pay rate, receives any pay increases they are due under law, and is not counted under staffing limits. After training, the controller may be assigned other work in the same Executive agency, transferred to another Executive agency, or involuntarily separated. The Secretary may pay or reimburse all or part of the training costs, including expenses allowed under chapter 41 and subchapter I of chapter 57, and may do so without regard to section 3324(a) and (b) of title 31. Except for subsection (d), most of chapter 41 (other than sections 4105, 4107(a) and (b), and 4111) does not apply to this training. This does not limit the Secretary’s other authority to provide training under chapter 41 or other laws.

Title 5, §3381

Government Organization and Employees — Source: USLM XML via OLRC

(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;

(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.

(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 section, the provisions of chapter 41 of this title, other than section 4105, 4107(a) and (b),11 See References in Text note below. 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 this title or under any other provision of law.

Notes & Related Subsidiaries

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.

Amendments

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 section 4101, 4103, 4105, 4107, 4108, 4113, and 4118 of this title and repealing section 4106 and 4114 of this title] shall become effective on the date of enactment of this Act [Mar. 30, 1994].”

Effective Date

of 1980 AmendmentAmendment 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 section 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.

§3381 Training

Summary

Title 5, §3381

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Amendments

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