5-U.S.C.-2104

5-U.S.C.-2104

§2104 – officer

Pathway

Title 5 > Part III > Subpart A > Chapter 21 > Section 2104

Details

  • Reference: Section 2104
  • Legend: §2104 – officer
  • USCode Year: 2013

Provision Content

(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.

(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.)

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.

U.S. Encyclopedia of Law Coverage

Title 5 – Government Organization And Employees in the Legal Encyclopedia: Government Employees

In this entry about Title 5 – Government Organization And Employees, find legal reference material, bibliographies and premiere content related to government employees in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employees-specific issues, written by authorities in the field.

5-U.S.C.-2104 in the Legal Encyclopedia: Employment

In this entry about 5-U.S.C.-2104, find legal reference material, bibliographies and premiere content related to employment in the American Encyclopedia of Law, presenting a comprehensive view of the United States employment-specific issues, written by authorities in the field.

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