§ 2109 Air traffic controller; Secretary

5 U.S.C. 2109For the purpose of this title—

5 U.S.C. 2109(1)(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—

5 U.S.C. 2109(1)(A)(A) is actively engaged—

5 U.S.C. 2109(1)(A)(i)(i) in the separation and control of air traffic; or

5 U.S.C. 2109(1)(A)(ii)(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or

5 U.S.C. 2109(1)(B)(B) is the immediate supervisor of any employee described in subparagraph (A); and

5 U.S.C. 2109(2)(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.