
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC2109]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart A--General Provisions
 
                         CHAPTER 21--DEFINITIONS
 
Sec. 2109. Air traffic controller; Secretary

    For the purpose of this title--
        (1) ``air traffic controller'' or ``controller'' means a 
    civilian employee of the Department of Transportation or the 
    Department of Defense who, in an air traffic control facility or 
    flight service station facility--
            (A) is actively engaged--
                (i) in the separation and control of air traffic; or
                (ii) in providing preflight, inflight, or airport 
            advisory service to aircraft operators; or

            (B) is the immediate supervisor of any employee described in 
        subparagraph (A); and

        (2) ``Secretary'', when used in connection with ``air traffic 
    controller'' or ``controller'', means the Secretary of 
    Transportation with respect to controllers in the Department of 
    Transportation, and the Secretary of Defense with respect to 
    controllers in the Department of Defense.

(Added Pub. L. 92-297, Sec. 1(a), May 16, 1972, 86 Stat. 141; amended 
Pub. L. 96-347, Sec. 1(a), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 99-
335, title II, Sec. 207(b), June 6, 1986, 100 Stat. 594.)


                               Amendments

    1986--Par. (1). Pub. L. 99-335 amended par. (1) generally including 
within term ``air traffic controller'' or ``controller'' references to a 
flight service station facility and to employment providing preflight, 
inflight, or airport advisory service to aircraft operators and striking 
out provision that regulations prescribed by the Secretary be used in 
determining who is an air traffic controller.
    1980--Pub. L. 96-347 substituted ``controller; Secretary'' for 
``controller'' in section catchline, and in text included employees of 
the Department of Defense within the meaning of air traffic controller 
or controller and defined ``Secretary'' to mean Secretary of 
Transportation with respect to controllers in the Department of 
Transportation and Secretary of Defense with respect to controllers in 
the Department of Defense.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 
702(a) of Pub. L. 99-335, set out as an Effective Date note under 
section 8401 of this title.


                    Effective Date of 1980 Amendment

    Section 3 of Pub. L. 96-347 provided that: ``This Act [amending this 
section and sections 3307, 3381 to 3385, and 8335 of this title and 
enacting provisions set out as a note under section 8335 of this title] 
shall take effect on the later of--
        ``(1) October 1, 1980, or
        ``(2) the ninetieth day after the date of the enactment of this 
    Act [Sept. 12, 1980].''


                             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.

                  Section Referred to in Other Sections

    This section is referred to in title 49 section 44506.
