Public Law 119-73 (01/23/2026)

5 U.S.C. § 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.

Pub. L. 92–297, § 1(a)86 Stat. 141Pub. L. 96–347, § 1(a)94 Stat. 1150Pub. L. 99–335, title II, § 207(b)100 Stat. 594(Added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 99–3351986—Par. (1). 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.

Pub. L. 96–3471980— 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–335section 702(a) of Pub. L. 99–335section 8401 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1980 Amendment

Pub. L. 96–347, § 394 Stat. 1151

section 8335 of this title“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 ] shall take effect on the later of—
“(1)
, or
“(2)
the ninetieth day after the date of the enactment of this Act [].”
, , , provided that:

Effective Date

section 10 of Pub. L. 92–297section 3381 of this titleSection effective on 90th day after , see, , set out as a note under .