§ 2109. Air traffic controller; Secretary

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Pub. L. 92–297 § 1(a) · 86 Stat. 141

   Enacted · 5 U.S.C. § 2109

   Added Pub. L. 92–297, § 1(a), May 16, 1972, 86 Stat. 141

   Source evidence

   Code source credit
   Added Pub. L. 92–297, § 1(a), May 16, 1972, 86 Stat. 141

   Enacted provision · exact public law section
   (1) by redesignating subsections (e), (f), and (g) as subsections “(f)”, “(g)”, and “(h)”, respectively; and

2. 1980

   Pub. L. 96–347 § 1(a) · 94 Stat. 1150

   Substituted · 5 U.S.C. § 2109

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 3381(c)(1) of title 5, United States Code, is amended by striking out “in the Department of Transportation” and inserting in lieu thereof “in the Executive agency in which the controller is employed”.

3. 1986

   Pub. L. 99–335 title II § 207(b) · 100 Stat. 514

   1. Amended · 5 U.S.C. § 2109(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

   2. Struck · 5 U.S.C. § 2109(1)

      Pub. L. 99–335 striking out provision that regulations prescribed by the Secretary be used in determining who is an air traffic controller

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Amendment to Section 2109.— Section 2109(1) of title 5, United States Code, is amended to read as follows: “(1) ‘air traffic controller’ or ‘controller’ means a civilian employee of the Department of Transportation or the Depart-ment 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”.

   Effective date note
   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.

4 of 4 references resolved to an enrolled provision