
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3381]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
                 SUBCHAPTER VII--AIR TRAFFIC CONTROLLERS
 
Sec. 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.
    (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 sections 4105, 
4107(a) and (b),\1\ and 4111, shall not apply to training under this 
section.
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    \1\ See References in Text note below.
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    (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.

(Added Pub. L. 92-297, Sec. 3(a), May 16, 1972, 86 Stat. 142; amended 
Pub. L. 96-347, Sec. 1(b), (c)(1), Sept. 12, 1980, 94 Stat. 1150; Pub. 
L. 97-258, Sec. 3(a)(7), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103-226, 
Sec. 2(b)(1), Mar. 30, 1994, 108 Stat. 112.)

                       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, 
Sec. 2(a)(5)(B), Mar. 30, 1994, 108 Stat. 112.


                               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, Sec. 1(b), substituted 
``Secretary'' for ``Secretary of Transportation''.
    Subsec. (c)(1). Pub. L. 96-347, Sec. 1(c)(1), substituted ``in the 
Executive agency in which the controller is employed'' for ``in the 
Department of Transportation''.


                    Effective Date of 1994 Amendment

    Section 2(c) of Pub. L. 103-226 provided that: ``The amendments made 
by this section [amending this section and sections 4101, 4103, 4105, 
4107, 4108, 4113, and 4118 of this title and repealing sections 4106 and 
4114 of this title] shall become effective on the date of enactment of 
this Act [Mar. 30, 1994].


                    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 10 of Pub. L. 92-297 provided that: ``This Act [enacting 
this subchapter and section 2109 of this title, amending sections 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

    Section 9 of Pub. L. 92-297 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3382, 3383 of this title.
