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5 U.S.C. § 2109 — Air traffic controller; Secretary
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2109
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Stable record: federal_law:legal_authorities:record_usc_826c57b5c1a9bd05906db630
Source file: Laws/federal/codes/united-states-code/title-5/section-2109-air-traffic-controller-secretary--9f8aafabdd.md
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Passage SHA-256: af648de206fcaa4c6c2ef90cce499102fd9b960f8e368dfa3a2ac11f963fcf79
Source location: Title 5, Chapter 21, § 2109; chapter-021-definitions.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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 or completes the age and service requirements for an annuity under section 8336(e), whichever occurs later. The Secretary, under such regulations as he may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary 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. For purposes of this subsection, the term “air traffic controller” or “controller” has the meaning given to it under section 8331(29)(A).11 See References in Text note below.
**(b)**
(1) A law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer, firefighter, or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8335
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) the term “account” means an account established and maintained under [section 8439(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8439/a&num=0&edition=prelim);
(2) the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3) the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4) the term “basic pay” has the meaning given such term by section 8331(3);
(5) the term “Board” means the Federal Retirement Thrift Investment Board established by [section 8472(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8472/a&num=0&edition=prelim);
(6) the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;
(7) the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8) the term “Director” means the Director of the Office of Personnel Management;
(9) the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic p
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8401
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary has determined—
(1) he is medically disqualified for duties as a controller;
(2) he is unable to maintain technical proficiency as a controller; or
(3) such removal is necessary for the preservation of the physical 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)** Upon completion of training under this section, a controller may be—
(1) assigned to other duties in the Executive agency in which the controller is employed;
(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 inefficiency for purposes of section 5595 or [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336&num=0&edition=prelim).
**(d)** The Secretary, without regard to section 3324(a) and (b) of title 31, may pay, or reimburse a controller for, all or part of the necessary expenses of training provided under this section, including expenses authorized to be paid under chapter 41 and subchapter I of chapter 57 of this 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3381
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Research on Effect of Automation on Performance.—** To develop the means necessary to establish appropriate selection criteria and training methodologies for the next generation of air traffic controllers, the Administrator of the Federal Aviation Administration shall conduct research to study the effect of automation on the performance of the next generation of air traffic controllers and the air traffic control system. The research shall include investigating—
(1) methods for improving and accelerating future air traffic controller training through the application of advanced training techniques, including the use of simulation technology;
(2) the role of automation in the air traffic control system and its physical and psychological effects on air traffic controllers;
(3) the attributes and aptitudes needed to function well in a highly automated air traffic control system and the development of appropriate testing methods for identifying individuals with those attributes and aptitudes;
(4) innovative methods for training potential air traffic controllers to enhance the benefits of automation and maximize the effectiveness of the air traffic control system; and
(5) new technologies and procedures for exploiting automated communication systems, including Mode S Transponders, to improve information transfers between air traffic controllers and aircraft pilots.
**(b) Research on Human Factor Aspects of Automation.—** The Administrators of the Federal Aviation Administration and National Aeronautics and Space Administration may make an agreement for the use of the National Aeronautics and Space Administration’s unique human factor facilities and expertise in conducting research activities to study the human factor aspects of the highly automated environment fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44506
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.
**(b)** The Secretary 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.
**(c)** The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made.
**(d)** The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of this title.
**(e)**
(1) Except as provided in paragraph (2), the head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401(14) or (17), respectively, of this title.
(2)
(A) In the case of the conversion of an agency function from performance by a contractor to performance by an employee of the agency, the head of the agency, in consultation with the Director of the Office of Personnel Management, may waive any maximum limit of age, determined or fixed for positions within such agency under paragraph (1), if necessary in order to promote the recruitment or appointment of experienced personnel.
(B) For purposes of this paragraph—
(i) the term “agency” means the Department of Defense or a military department; and
(ii) the term “head of the agency” means—
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3307
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
An air traffic controller who is eligible for immediate retirement under [section 8336 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8336&num=0&edition=prelim) may be separated involuntarily from the service if the Secretary determines that the separation of the controller is necessary in 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 under 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3383&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3383/c&num=0&edition=prelim), whichever is later. A controller who is to be separated under this section is entitled to training under [section 3381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3381&num=0&edition=prelim). 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3382
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An air traffic controller subject to a determination by the Secretary under section 3381(a) or [section 3382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3382&num=0&edition=prelim), 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 determination is rescinded by the Secretary within the 15 days, the determination 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 Executive agency in which the controller is employed designated by the Secretary; and
(3) a representative of the Merit Systems Protection Board, designated 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](https://uscode.house.gov/view.xhtml?r
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3383
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized to issue regulations to carry out the provisions of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3384
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter shall not limit the authority of the Secretary 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 of a controller; or to reassign permanently or separate a controller under any other provision of law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3385
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Federal law — U.S. Code and appendices · legal_authorities
Page 308
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 2109
purposes of making an appointment in the
competitive service, if the individual—
(A) meets the definition of a veteran under
section 2108(1), except for the requirement
that the individual has been discharged or
released from active duty in the armed
forces under honorable conditions; and
(B) submits a certification described under
paragraph (2) to the Federal officer making
the appointment.
(2) CERTIFICATION.—A certification referred
to under paragraph (1) is a certification that
the individual is expected to be discharged or
released from active duty in the armed forces
under honorable conditions not later than 120
days after the date of the submission of the
certification.
(b) DISABLED VETERAN.—
(1) IN
GENERAL.—Except as provided under
paragraph (3),1 an individual shall be treated
as a disabled veteran defined under section
2108(2) for purposes of making an appointment
in the competitive service, if the individual—
(A) meets the definition of a disabled vet-
eran under section 2108(2), except for the re-
quirement that the individual has been sepa-
rated from active duty in the armed forces
under honorable conditions; and
(B) submits a certification described under
paragraph (2) to the Federal officer making
the appointment.
(2) CERTIFICATION.—A certification referred
to under paragraph (1) is a certification that
the individual is expected to be separated from
active duty in the armed forces under honor-
able conditions not later than 120 days after
the date of the submission of the certification.
(c) PREFERENCE ELIGIBLE.—Subsections (a) and
(b) shall apply with respect to determining
whether an individual is a preference eligible
under section 2108(3) for purposes of making
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 2109
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.