(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
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
4107(a) and (b), 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.
For definition of Secretary, referred to in subsec. (a), see section
2109 of this title.
Subsecs. (a) and (b) ofsection
4107 of this title, referred to in subsec. (e), were struck out, and subsecs. (c) and (d) ofsection
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.
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”.
Effective Date of 1994 Amendment
Section 2(c) ofPub. L. 103–226provided that: “The amendments made by this section [amending this section and sections
4118 of this title and repealing sections
4114 of this title] shall become effective on the date of enactment of this Act [Mar. 30, 1994].”
Section 10 ofPub. L. 92–297provided that: “This Act [enacting this subchapter and section
2109 of this title, amending sections
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 ofPub. L. 92–297directed 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. 92–297in 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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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