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Title 5, Government Organization and EmployeesRelease 119-102

§3383 Determinations; Review Procedures

Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 33 — EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER VII — AIR TRAFFIC CONTROLLERS › § 3383

Last updated Aug 21, 2026|Official source

Summary

When the Secretary makes a decision about an air traffic controller under the covered rules, the controller must get a written notice that says why. The notice also tells the controller they have 15 days after getting it to ask in writing for the decision to be reconsidered. If the controller does not ask within 15 days, or the Secretary does not change the decision within that 15-day window, the decision becomes final. If the controller asks for reconsideration and the Secretary still does not rescind the decision within 15 days after getting the request, the Secretary must set up a three-person review board right away: one person the controller names, one agency representative the Secretary names, and one member from the Merit Systems Protection Board who will lead the board. The board must look at evidence for and against the decision and issue written findings within 30 days to the Secretary and the controller. The board can keep or cancel the Secretary’s decision, and its decision is final. Except for the limited case in the other referenced rule, this review is in addition to other legal appeals but is the only internal administrative remedy inside the controller’s agency.

Full Legal Text

Title 5, §3383

Government Organization and Employees, Source: USLM XML via OLRC

(a)An air traffic controller subject to a determination by the Secretary 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 Unless the controller files such a request within the 15 days, or unless the determination is rescinded by the Secretary within the 15 days, the determination shall be final.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 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, 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 Executive agency in which such controller is employed.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

For definition of Secretary, referred to in text, see section 2109 of this title.

Amendments

1980—Subsec. (a). Pub. L. 96–347, § 1(b), substituted “Secretary under” for “Secretary of Transportation under”. 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”. 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”. 1978—Subsec. (b)(3). Pub. L. 95–454 substituted “Merit Systems Protection Board” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

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

of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 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 section 3381 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3383

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102