---
kind: "section"
citation: "5 U.S.C. § 3381"
title: "5"
title_heading: "Government Organization and Employees"
number: "3381"
heading: "Training"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3381"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter VII — Air Traffic Controllers"
---

# §3381. Training

- (a) An [air traffic controller](/usc/5/8401.md?p=35) with 5 years of [service](/usc/5/8401.md?p=26) as a [controller](/usc/5/8401.md?p=35) who is to be removed as a [controller](/usc/5/8401.md?p=35) because the [Secretary](/usc/5/9901.md?p=2) has determined—
  - (1) he is medically disqualified for duties as a [controller](/usc/5/8401.md?p=35);
  - (2) he is unable to maintain technical proficiency as a [controller](/usc/5/8401.md?p=35); or
  - (3) such removal is necessary for the preservation of the physical or mental health of the [controller](/usc/5/8401.md?p=35);

  is entitled to not more than the full-time equivalent of 2 years of [training](/usc/5/4101.md?p=4).

- (b) During a period of [training](/usc/5/4101.md?p=4) under this section, a [controller](/usc/5/8401.md?p=35) shall be—
  - (1) retained at his last assigned [grade](/usc/5/5102.md?p=a-5) and rate of [basic pay](/usc/5/8401.md?p=4) as a [controller](/usc/5/8401.md?p=35);
  - (2) entitled to each increase in rate of [basic pay](/usc/5/8401.md?p=4) provided under law; and
  - (3) excluded from staffing limitations otherwise applicable.
- (c) Upon completion of [training](/usc/5/4101.md?p=4) under this section, a [controller](/usc/5/8401.md?p=35) may be—
  - (1) assigned to other duties in the [Executive agency](/usc/5/6501.md?p=2) in which the [controller](/usc/5/8401.md?p=35) is employed;
  - (2) released for transfer to another [Executive agency](/usc/5/6501.md?p=2); or
  - (3) involuntarily separated from the [service](/usc/5/8401.md?p=26).

  The involuntary separation of a [controller](/usc/5/8401.md?p=35) under this subsection is not a removal for cause on charges of misconduct, delinquency, or inefficiency for purposes of [section 5595](/usc/5/5595.md) or [section 8336 of this title](/usc/5/8336.md).

- (d) The [Secretary](/usc/5/9901.md?p=2), without regard to [section 3324(a)](/usc/5/3324.md?p=a) and (b) of [title 31](/usc/31.md), may [pay](/usc/5/7511.md?p=a-4), or reimburse a [controller](/usc/5/8401.md?p=35) for, all or part of the necessary expenses of [training](/usc/5/4101.md?p=4) provided under this section, including expenses authorized to be paid under [chapter 41](/usc/5/chptIII/sptC/ch41.md) and subchapter I of [chapter 57](/usc/5/chptIII/sptD/ch57.md) of this title, and the costs of other [services](/usc/5/8401.md?p=26) or facilities directly related to the [training](/usc/5/4101.md?p=4) of a [controller](/usc/5/8401.md?p=35).
- (e) Except as provided by [subsection (d)](#d) of this section, the provisions of [chapter 41](/usc/5/chptIII/sptC/ch41.md) of this title, other than sections [4105](/usc/5/4105.md), [4107(a)](/usc/5/4107.md?p=a) and (b),[^1] and 4111, shall not apply to [training](/usc/5/4101.md?p=4) under this section.
- (f) The provisions of this section shall not otherwise affect the [authority](/usc/5/7103.md?p=a-6) of the [Secretary](/usc/5/9901.md?p=2) to provide [training](/usc/5/4101.md?p=4) under [chapter 41](/usc/5/chptIII/sptC/ch41.md) of this title or under any other provision of law.

## Footnotes

[^1]: See References in Text note below.

## Source credit

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

## Notes

### Editorial Notes

### 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, § 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.

### 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, § 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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Pub. L. 103–226, § 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 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

Pub. L. 92–297, § 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 Congress

Pub. L. 92–297, § 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. 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.