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

Summary

Defines who counts as an "officer" for these rules, unless another rule changes it. An officer is a U.S. judge or justice, or a person who must be appointed through the civil service by one of these officials — the President, a U.S. court, the head of an executive agency, or the Secretary of a military department — who does federal work under law or a presidential action and is supervised by one of those appointing authorities or by the Judicial Conference. Unless another law says otherwise, people who work for the United States Postal Service or the Postal Regulatory Commission are not treated as officers for this title.

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