2016 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart A - General Provisions
Chapter 21 - Definitions
Sec. 2104 - Officer

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Citation 5 U.S.C. § 2104 (2016)
Section Name §2104. Officer
Section Text

(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.

Source Credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 91–375, §6(c)(3), Aug. 12, 1970, 84 Stat. 775; Pub. L. 109–435, title VI, §604(b), Dec. 20, 2006, 120 Stat. 3241.)

Editorial Notes HISTORICAL AND REVISION NOTES

The section is supplied for convenience.

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).

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment 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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart A - General Provisions
CHAPTER 21 - DEFINITIONS
Sec. 2104 - Officer
Contains section 2104
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 80 Stat. 408
84 Stat. 775
120 Stat. 3241
Public Law References Public Law 89-554, Public Law 91-375, Public Law 109-435
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