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LegalText 5 U.S.C. § 3381 Training us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 33 EXAMINATION, SELECTION, AND PLACEMENT 3381 5 U.S.C. § 3381 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s3381 data/legal/raw/us/code/title-05/usc05.xml ff40bb5f356163ff0da9d42da40a1b0b29d7e0347a093b79d695dada2713e05d 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 bdba9641bd2c60a7e92850b97b59be6b6c8eac6f94cf7ca040d7faaa146a8269 2026-07-04 official
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5 U.S.C. § 3381 - Training

Text

(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),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.

(Added Pub. L. 92297, § 3(a), May 16, 1972, 86 Stat. 142; amended Pub. L. 96347, § 1(b), (c)(1), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 97258, § 3(a)(7), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103226, § 2(b)(1), Mar. 30, 1994, 108 Stat. 112.)

Notes

Editorial Notes

References in TextFor 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. 103226, § 2(a)(5)(B), Mar. 30, 1994, 108 Stat. 112. Subsequently, section 4107 was amended generally by Pub. L. 107296, title XIII, § 1331(a), Nov. 25, 2002, 116 Stat. 2298.

Amendments1994—Subsec. (e). Pub. L. 103226 substituted “4105,” for “4105(a),”. 1982—Subsec. (d). Pub. L. 97258 substituted “section 3324(a) and (b)” for “section 529”. 1980—Subsec. (a). Pub. L. 96347, § 1(b), substituted “Secretary” for “Secretary of Transportation”. Subsec. (c)(1). Pub. L. 96347, § 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 AmendmentPub. L. 103226, § 2(c), Mar. 30, 1994, 108 Stat. 112, 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 AmendmentAmendment by Pub. L. 96347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96347, set out as a note under section 2109 of this title.

Effective DatePub. L. 92297, § 10, May 16, 1972, 86 Stat. 145, 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 CongressPub. L. 92297, § 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. 92297, including a detailed statement of the effectiveness of Pub. L. 92297 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.