---
kind: "section"
citation: "5 U.S.C. § 3383"
title: "5"
title_heading: "Government Organization and Employees"
number: "3383"
heading: "Determinations; review procedures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3383"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter VII — Air Traffic Controllers"
---

# §3383. Determinations; review procedures

- (a) An [air traffic controller](/usc/5/8401.md?p=35) subject to a determination by the [Secretary](/usc/5/9901.md?p=2) under [section 3381(a)](/usc/5/3381.md?p=a) or [section 3382 of this title](/usc/5/3382.md), shall be furnished a written notice of the determination and the reasons therefor, and a notification that the [controller](/usc/5/8401.md?p=35) has 15 days after the receipt of the notification within which to file a written request for reconsideration of the determination. Unless the [controller](/usc/5/8401.md?p=35) files such a request within the 15 days, or unless the determination is rescinded by the [Secretary](/usc/5/9901.md?p=2) within the 15 days, the determination shall be final.
- (b) If the [Secretary](/usc/5/9901.md?p=2) does not rescind his determination within 15 days after his receipt of the written request filed by the [controller](/usc/5/8401.md?p=35) under [subsection (a)](#a) of this section, the [Secretary](/usc/5/9901.md?p=2) shall immediately convene a [board](/usc/5/8401.md?p=5) of review, consisting of—
  - (1) a [person](/usc/5/7103.md?p=a-1) designated by the [controller](/usc/5/8401.md?p=35);
  - (2) a representative of the [Executive agency](/usc/5/6501.md?p=2) in which the [controller](/usc/5/8401.md?p=35) is employed designated by the [Secretary](/usc/5/9901.md?p=2); and
  - (3) a representative of the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5), designated by the Chairman, who shall serve as chairman of the [board](/usc/5/8401.md?p=5) of review.
- (c) The [board](/usc/5/8401.md?p=5) of review shall review evidence supporting and inconsistent with the determination of the [Secretary](/usc/5/9901.md?p=2) and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the [Secretary](/usc/5/9901.md?p=2) and the [controller](/usc/5/8401.md?p=35). The [board](/usc/5/8401.md?p=5) may approve or rescind the determination of the [Secretary](/usc/5/9901.md?p=2). A decision by the [board](/usc/5/8401.md?p=5) under this subsection is final. The [Secretary](/usc/5/9901.md?p=2) shall take such action as may be necessary to carry out the decision of the [board](/usc/5/8401.md?p=5).
- (d) Except as provided under [section 3382 of this title](/usc/5/3382.md), 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](/usc/5/8401.md?p=35) within the [Executive agency](/usc/5/6501.md?p=2) in which such [controller](/usc/5/8401.md?p=35) is employed.

## Source credit

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

## Notes

### Editorial Notes

### 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, § 1(b), substituted “Secretary under” for “Secretary of Transportation under”.

Subsec. (b)(2). Pub. L. 96–347, § 1(c)(2), substituted “the Executive agency in which the controller is employed” for “the Department of Transportation”.

Subsec. (d). Pub. L. 96–347, § 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”.

### Statutory Notes and Related Subsidiaries

### 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.