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Title 5, Government Organization and EmployeesRelease 119-102

§2104 Officer

Title 5 › PART III — EMPLOYEES › Subpart A — General Provisions › CHAPTER 21 — DEFINITIONS › § 2104

Last updated Aug 21, 2026|Official source

Summary

Counts as an "officer" a U.S. justice or judge, or someone appointed in the civil service by the President, a federal court, an executive agency head, or a military department Secretary; who performs a federal function under law or an executive act and is supervised by those appointing authorities or by the Judicial Conference. Officers of the U.S. Postal Service or the Postal Regulatory Commission are not treated as officers under this title unless another law says otherwise.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 2104

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102