§2104 — Title 5 Government Organization and Employees | U.S. Code

Summary

Defines who counts as an "officer" under this title. An officer includes any U.S. judge or justice and any person who must be civil‑service appointed by the President, a U.S. court, an executive agency head, or a military department Secretary; who performs a federal function under law or executive action; and who is supervised by one of those appointing authorities or by the Judicial Conference of the United States. Officers of the U.S. Postal Service and the Postal Regulatory Commission are not treated as officers for this title unless another law says otherwise.

Title 5, §2104

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this title, “officer”, except as otherwise provided by this section or when specifically modified, means a justice or judge of the United States and an individual who is—

(1)required by law to be appointed in the civil service by one of the following acting in an official capacity—

(A)the President;

(B)a court of the United States;

(C)the head of an Executive agency; or

(D)the Secretary of a military department;

(2)engaged in the performance of a Federal function under authority of law or an Executive act; and

(3)subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties of his office.

(b)Except as otherwise provided by law, an officer of the United States Postal Service or of the Postal Regulatory Commission is deemed not an officer for purposes of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

The section is supplied for convenience.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 1970—Subsec. (a). Pub. L. 91–375, § 6(c)(3)(A), (B), designated existing provisions as subsec. (a) and inserted in introductory text “as otherwise provided by this section or” after “except”. Subsec. (b). Pub. L. 91–375, § 6(c)(3)(C), added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an

Effective Date

note preceding section 101 of Title 39, Postal Service.

§2104 Officer

Summary

Title 5, §2104

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata