A bill to amend title 5, United States Code, to provide that civilian air traffic controllers of the Department of Defense shall be treated the same as air traffic controllers of the Department of Transportation for purposes of retirement, and for other purposes.
PL 96-347 (H.R.1781), enacted 09/12/1980

94 STAT. 1150 
PUBLIC LAW 96-347—SEPT. 12, 1980 
Public Law 96-347 
96th Congress 
An Act 
Sept. 12, 1980 
[H.R. 1781] 
Air traffic 
controllers, 
retirement 
provisions. 
Definitions. 
To amend title 5, United States Code, to provide that civilian air traffic controllers 
of the Department of Defense shall be treated the same as air traffic controllers 
of the Department of Transportation for purposes of retirement, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. That (a) section 2109 
of title 5, United States Code, is amended to read as follows: 
"§2109. Air traffic controller; Secretary 
"For the purpose of this title— 
"(1) 'air traffic controller' or 'controller' means an employee of 
the Department of Transportation or the Department of Defense 
who, as determined under regulations prescribed by the Secre-
tary, is actively engaged in the separation and control of air 
traffic, or is the immediate supervisor of an employee actively 
engaged in the separation and control of air traffic, in an air 
traffic control facility; 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.". 
(b) Sections 3307(b), 3381(a), 3382,3383(a), 3384,3385, and 8335(a) of 
title 5, United States Code, are each amended by striking out 
"Secretary of Transportation" each place it appears and inserting in 
lieu thereof "Secretary". 
(cXD 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". 
(2) Section 3383(bX2) of title 5, United States Code, is amended by 
striking out "the Department of Transportation" and inserting in 
lieu thereof "the Executive agency in which the controller is 
employed". 
(3) Section 3383(d) of title 5, United States Code, is amended by 
striking out "within the Department of Transportation" and insert-
ing in lieu thereof "within the Executive agency in which such 
controller is employed". 
(d) The analysis of chapter 21, of title 5, United States Code, is 
amended by striking out the item relating to section 2109 smd 
inserting in lieu thereof the following: 
"2109. Air traffic controller; Secretary.". 
PUBLIC LAW 96-347—SEPT. 12, 1980 
94 STAT. 1151 
SEC. 2. Section 8335(a) of title 5, United States Code, shall not apply 5 use 8335 note. 
to an individual appointed as an air traffic controller in the Depart-
ment of Defense before the date of the enactment of this Act. 
SEC. 3. This Act shall take effect on the later o
f
— 
Effective date. 
(1) October 1,1980, or 
^ use 2109 note. 
(2) the ninetieth day after the date of the enactment of this Act. 
Approved September 12, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1076 (eomm. on Post Office and Oivil Service). 
SENATE REPORT No. 96-902 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 9, considered and passed House. 
Aug. 27, considered and passed Senate. 
79-194 
O—81—pt. 1 
76 : QL3