An Act to amend title 5, United States Code, to provide for maximum entrance and retention ages, training, and early retirement for air traffic controllers, and for other purposes
PL 92-297 (H.R.8083), enacted 05/16/1972

86 STAT. ] 
PUBLIC LAW 92-297-MAY 16, 1972 
141 
a qualitied oi^erator for operation under the American flag. The depre- ^o^t^com'^^urfio 
elated cost of the vessel to the owner shall be computed on the schedule ''°* '^O'^P" 
adopted by the Internal Eevenue Service for income tax purposes. 
Such determination shall be final. The Secretary of Commerce shall 
require the owner of the vessel to agree that it will paj all existing 
private obligations related to the vessel, and that it will commit an 
amount equal to the net proceeds received from such sale in excess 
of existing obligations and expenses incident to the sale, within a 
reasonable period not to exceed twelve months of leceipt. as equity 
capital for the construction of new vessels which the Secretary deter-
mines are built to effectuate the purposes and policy of the Aierchant 
Marine Act, 1936, as amended. 
49 stat. i985. 
' 
' 
46 u s e 1245. 
Approved May 16, 1972. 
Public Law 92-297 
AN ACT 
May 16, 1972 
To amend title 5, United States Code, to provide a career program for, and 
[H. R. 8083] 
greater flexibility in management of, air traflic controllers, and for other 
purposes. 
Air traffic con-
troller career 
programs. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That (a) chapter 
21 of title 5, United States Code, is amended by adding the following 
new section at the end thereof: 
so stat. 408 
5 u s e 2101 
"§ 2109. Air traffic controller 
"For the purpose of this title, 'air traffic controller' or 'controller' 
means an employee of the Department of Transportation who is 
actively engaged in the separation and control of air traffic, or who 
is the immediate supervisor of an employee actively engaged in the 
separation and control of air traffic, in an air traffic control facility. 
The Secretary of Transportation may prescribe regulations to deter-
mine the application of this section.". 
(b) The analysis of chapter 21 of title 5, United States Code, is 
amended by adding the following new item at the end thereof: 
•'2109. Air traffic controller.". 
SEC. 2. (a) Section 3307 of title 5, United States Code, is amended 
to read as follows: 
"§ 3307. Competitive service; maximumrage entrance require-
ments; exceptions 
"(a) Except as provided in subsections (b) and (c) of this section, 
appropriated funds may not be used to pay an employee who estab-
lishes a maximum-age requirement for entrance into the competitive 
service, 
"(b) The Secretary of Transportation may, with the concurrence 
of such agent as the President may designate, determine and fix the 
maximum limit of age within which an original appointment to a 
position as an air traffic controller may be made. 
142 
PUBLIC LAW 92-297-MAY 16, 1972 
[86 STAT. 
"(c) The Secretary of the Interior may determine and fix the 
minimum and maximum limits of age within which original appoint-
ments to the LTnited States Park Police may be made.". 
(b) Item 3307 of the analysis of chapter 33 of title 5, United States 
Code, is amended to read as follows: 
"3307. Competitive service; maximum-age entrance requirements; exceptions.". 
SEC. 3. (a) Chapter 33 of title 5, United States Code, is amended 
by adding the following new subchapter at the end thereof: 
5 use 3301. 
"SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS 
t ; S - 
"§ 3381. Training 
"(a) An air traffic controller with 5 years of service as a controller 
who is to be removed as a controller because the Secretary of Trans-
portation has determined— 
"(1) he is medically disqualified for duties as a controller; 
"(2) he is unable to maintain teclinical proficiency as a con-
troller ; or 
"(3) such removal is necessary for the preservation of the phys-
ical 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) JJpon completion of training under this section, a controller 
may be— 
"(1) assigned 
to 
other 
duties 
in 
the 
Department 
of 
Transportation; 
"(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 
^\st^^' ^
1
4
4
* 
inefficiency for purposes of section 5595 or section 8336 of this title. 
Expe'nse reim- 
"(d) The Secretary, without regard to section 529 of title 31, may 
bursement. 
p^y^ or rcimburse a controller for, all or part of the necessary expenses 
of training provided under this section, including expenses author-
5 use 4101. 
ized to be paid under chapter 41 and subchapter I of chapter 57 
c TTcr^ =-7^1 
^^ ^j^.^ 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 pro-
visions of chapter 41 of this title, other than sections 4105(a), 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. 
"§3382. Involuntary separation for retirement 
"An air traffic controller who is eligible for immediate retirement 
under section 8336 of this title may be separated involuntarily from 
5 use 5701, 
86 
STAT.] 
PUBLIC LAW 92-297-MAY 16, 1972 
143 
the service if the Secretary of Transportation determines that the 
separation of the controller is necessary m the interest of— 
"(1) aviation safety; 
" (2 ^ the efficient control of air traffic; or 
"(3) the preservation of the physical or mental health of the 
controller. 
Chapter 75 of this title does not apply to a determination or action 
imder this section. Separation under this section shall not become 
final, without the consent of the controller, until the last day of the 
second month following the day the controller receives a notification 
of the determination by the Secretary under this section, or, if a 
review is requested under section 3383 of this title, the last day of the 
month in which a final decision is issued by a board of review under 
section 3383(c) of this title, whichever is later. A controller who is to 
be separated under this section is entitled to training under section 
3381 of this title. Separation of such a controller who elects to receive 
training under section 3381 shall not become final until the last day 
of the month following the completion of his training. 
"§ 3383. Determinations; review procedures 
"(a) An air traffic controller subject to a determination by the 
Secretary of Transportation 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 deter-
mination is rescinded by the Secretary within the 15 days, the deter-
mination 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 Department of Transportation 
designated by the Secretary; and 
"(3) a representative of the Civil Service Commission, desig-
nated 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 Department of Transportation. 
"§3384. Regulations 
"The Secretary of Transportation is authorized to issue regulations 
to carry out the provisions of this subchapter. 
"§ 3385. Effect on other authority 
"This subchapter shall not limit the authority of the Secretary of 
Transportation to reassign temporarily an air traffic controller to other 
duties with or without notice, in the interest of the safe or efficient 
separation and control of air traffic or the physical or mental health 
5 use 7501. 
Review board. 
Membership. 
Findings, copies 
to Secretary and 
controller. 
144 
PUBLIC LAW 92-297-MAY 16, 1972 
[86 STAT. 
Mandatory 
separation, 
80 Stat. 571. 
Exemption. 
Notification. 
Effective date. 
Annuity quali-
fication. 
Annuity compu-
tation. 
80 Stat. 574; 
83 Stat. 139. 
Supra. 
Limitation. 
Civil Service 
Retirement. 
80 Stat. 564. 
5 u s e 8331. 
84 Stat. 1191. 
83 Stat. 138. 
Supra, 
of a controller; or to reassign permanently or separate a controller 
under any other provision of law.". 
(b) The analysis of chapter 33 of title 5, United States Code, is 
amended by adding the following new items at the end thereof: 
"SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS 
"Sec. 
"3381. Training. 
"3382. Involuntary separation for retirement. 
"3383. Determinations; review procedures. 
"3384. Reguations. 
"3385. Effect on other autliority.". 
SEC. 4. Section 8335 of title 5, United States Code, is amended by 
inserting the following new subsection at the end t;hereof: 
"(f) An air traffic controller shall be separated from the service 
on the last day of the month in which he becomes 56 years of age. The 
Secretary of Transportation, under such regulations as he may pre-
scribe, may exempt a controller having exceptional skills and experi-
ence as a controller from the automatic separation provisions of this 
subsection until that controller becomes 61 years of age. The Secretary 
of Transportation shall notify the controller in writing of the date of 
separation at least 60 days before that date. Action to separate the 
controller is not effective, without the consent of the controller, until 
the last day of the month in which the 60-day notice expires.". 
SEC. 5. Section 8336 of title 5, United States Code, is amended— 
(1) by redesignating subsections (e), (f), and (g) as sub-
sections "(f)", "(g)", and "(h)", respectively; and 
(2) by inserting after subsection (d) the following new sub-
section (e) : 
"(e) An employee who is voluntarily or involuntarily separated 
from the service, except by removal for cause on charges of misconduct 
or delinquency, after completing 25 years of service as an air traffic 
controller or after becoming 50 years of age and completing 20 years 
of service as an air traffic controller, is entitled to an annuity.". 
SEC. 6. Section 8339 of title 5, United States Code, is amended— 
(1) by redesignating subsections (e), (f), (g), (h), (i), (j), 
(k), (1), and (m) as subsections "(f)", "(g)", "(h)", "(i)", 
"(j)", "(k)", "(1)", "(m)", and "(n)", respectively; and 
(2) by inserting after subsection (d) the following new sub-
section (e) : 
"(e) The annuity of an employee retiring under section 8336(e) 
of this title is computed under subsection (a) of this section. That 
annuity may not be less than 50 percent of the average pay of the 
employee.". 
SEC. 7. Subchapter I I I of chapter 83 of title 5, United States Code, 
is amended— 
(1) by striking out the reference "8339(h)" each place it 
appears in section 8332(b) (3) and (8), and by inserting the ref-
erence "8339 (i)" in place thereof; 
(2) by striking out the reference "section 8339 (m)" in section 
8334(g)(5), and inserting the reference "section 8339 (n)" in 
place thereof; 
(3) by amending section 8339— 
(A) by striking out the reference "subsections ( a ) - ( d ) " 
in redesignated subsection (f), and inserting the reference 
"subsections (a)-(e)" in place thereof; 
(B) by striking out the references "subsections (a), (b), 
and (e)", "subsections (c) and (e)", and "section 8336(f)", 
in redesignated subsection (h), and by inserting the references 
"subsections (a), (b), and (f)", "subsections (c) and (f)", 
and "section 8336(g)", respectively, in place thereof; 
86 STAT. ] 
PUBLIC LAW 92-297-MAY 16, 1972 
145 
(C) by striking out the reference "subsections (a)-(g)" 
in redesignated subsection (i), and inserting the reference 
•'subsections ( a ) - ( h ) " in place thereof; 
(D) by striking out the reference "subsections (a)-(h)" 
in redesignated subsection (j), and inserting the reference 
"subsections (a)-(i)" in place thereof; 
(E) by striking out the references "subsections ( a ) - ( h ) " 
and "subsection (i)" in redesignated subsection (k), and 
inserting the references "subsections (a)-(i)" and "subsection 
(j)", respectively in place thereof; 
(F) by striking out the reference "subsections (a)-(j)" 
in redesignated subsection (1), and inserting the reference 
"subsections (a)-(k)" in place thereof; and 
(G) by striking out the references "subsections ( a ) - ( d ) " 
and "subsection (e)", in redesignated sub3ection (n), and 
inserting the references "subsections (a)-(e)" and "subsec-
tion (f)", respectively, in place thereof; 
(4) b^ amending section 8341— 
(i) by striking out the references "section 8339 (a)-(h)", 
"section 8339(i)", and "section 8339(j)" in subsection (b), 
and inserting the references "section 8339 (a)-(i)", "section 
8339(j)", and "section 8339(k)" respectively, in place 
thereof; 
(ii) by striking out the reference "section 8339(j)" in 
subsection (c), and inserting the reference "section 8339 (k)" 
in place thereof; and 
(iii) by striking out the reference "section 8339 (a)-(e) 
and (h)" in subsection (d), and inserting the reference 
"section 8339 (a)-(f) and (i)" in place thereof; and 
(5) by amending section 8344(a) — 
(A) by striking out the reference "section 8339 (a), (b), 
(d), (g), and (h)" in subparagraph (A) and inserting the 
reference "section 8339 (a), (b), (d), (e), (h), and (i)" in 
place thereof; and 
(B) by striking out the references "section 8339(i) of 
section 8339(j) (2)" in the sentence following immediately 
below clause (ii), and inserting the references "section 8339 
(j) or section 8339(k) (2)" in place thereof. 
SEC. 8. Section 8335(f) of title 5, United States Code, as added by 
this Act, does not apply to a person appointed as an air traffic con-
troller by the Department of Transportation before the date of enact-
ment of this Act. 
SEC. 9. The Secretary of Transportation shall make a report to 
the Congress of his operations under the amendments made by this 
Act. The report shall include a detailed statement of the effectiveness 
of this Act in meeting the needs of the air traffic controller career 
program and of the air traffic control system, and any recommenda-
tions which the Secretary considers necessary or desirable for sound 
management of the program or the system. The Secretary shall make 
his report not later than 5 years after the date of enactment of this 
Act. 
SEC. 10. This Act shall become effective at the beginning of the 
ninetieth day after the date of enactment of this Act. 
SEC. 11. The Act of September 26,1969 (Public Law 91-73; 83 Stat. 
116), relating to age limits in connection with appointments to the 
United States Park Police, is repealed effective at the end of the 
eighty-ninth day after the date of enactment of this Act. 
Approved May 16, 1972. 
Survivor annui-
ties. 
80 Stat. 577; 
84 Stat. 1961. 
Ante, 
p. 144. 
Nonapplic ability. 
Ante, 
p. 144. 
Report to 
Congress. 
Effective date. 
Repeal. 
5 u s e 3307 
note. 
Effective date.