5 U.S.C. § 2109 — Air traffic controller; Secretary

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 an appointment in the competitive service. (Added Pub. L. 112–56, title II, § 235(a)(1), Nov. 21, 2011, 125 Stat. 722.) § 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 De- fense 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 opera- tors; or (B) is the immediate supervisor of any em- ployee 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, § 1(a), May 16, 1972, 86 Stat. 141; amended Pub. L. 96–347, § 1(a), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 99–335, title II, § 207(b), June 6, 1986, 100 Stat. 594.) Editorial Notes AMENDMENTS 1986—Par. (1). Pub. L. 99–335 amended par. (1) gen- erally including within term ‘‘air traffic controller’’ or ‘‘controller’’ references to a flight service station facil- ity and to employment providing preflight, inflight, or airport advisory service to aircraft operators and strik- ing 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; Sec- retary’’ for ‘‘controller’’ in section catchline, and in text included employees of the Department of Defense within the meaning of air traffic controller or con- troller and defined ‘‘Secretary’’ to mean Secretary of Transportation with respect to controllers in the De- partment of Transportation and Secretary of Defense with respect to controllers in the Department of De- fense. Statutory Notes and Related Subsidiaries 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 Effec- tive Date note under section 8401 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–347, § 3, Sept. 12, 1980, 94 Stat. 1151, provided that: ‘‘This Act [amending this section and sections 3307, 3381 to 3385, and 8335 of this title and enacting pro- visions 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 enact- ment 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 sec- tion 3381 of this title. CHAPTER 23—MERIT SYSTEM PRINCIPLES Sec. 2301. Merit system principles. 2302. Prohibited personnel practices. 2303. Prohibited personnel practices in the Federal Bureau of Investigation. 2304. Prohibited personnel practices affecting the Transportation Security Administration. 2305. Responsibility of the Government Account- ability Office. 2306. Coordination with certain other provisions of law. [2307. Repealed.] Editorial Notes AMENDMENTS 2017—Pub. L. 115–91, div. A, title X, § 1097(b)(1)(A), Dec. 12, 2017, 131 Stat. 1616, struck out item 2307 ‘‘Infor- mation on whistleblower protections’’. Pub. L. 115–73, title I, § 107(c), Oct. 26, 2017, 131 Stat. 1240, added item 2307. 2012—Pub. L. 112–199, § 109(b), Nov. 27, 2012, 126 Stat. 1471, added items 2304 to 2306 and struck out former items 2304 ‘‘Responsibility of the Government Account- ability Office’’ and 2305 ‘‘Coordination with certain other provisions of law’’. 2004—Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’ in item 2304. § 2301. Merit system principles (a) This section shall apply to—