
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3383]

 
             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. 3383. Determinations; review procedures

    (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request within the 15 days, or unless the determination is rescinded by 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.

(Added Pub. L. 92-297, Sec. 3(a), May 16, 1972, 86 Stat. 143; amended 
Pub. L. 95-454, title IX, Sec. 906(a)(6), Oct. 13, 1978, 92 Stat. 1225; 
Pub. L. 96-347, Sec. 1(b), (c)(2), (3), Sept. 12, 1980, 94 Stat. 1150.)

                       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, Sec. 1(b), substituted 
``Secretary under'' for ``Secretary of Transportation under''.
    Subsec. (b)(2). Pub. L. 96-347, Sec. 1(c)(2), substituted ``the 
Executive agency in which the controller is employed'' for ``the 
Department of Transportation''.
    Subsec. (d). Pub. L. 96-347, Sec. 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''.


                    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 of 1978 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in section 3382 of this title.
