
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC2104]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart A--General Provisions
 
                         CHAPTER 21--DEFINITIONS
 
Sec. 2104. Officer

    (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 Rate 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, 
Sec. 6(c)(3), Aug. 12, 1970, 84 Stat. 775.)


                      Historical and Revision Notes

    The section is supplied for convenience.


                               Amendments

    1970--Subsec. (a). Pub. L. 91-375, Sec. 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, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 902 of this title; title 18 
section 202; title 41 section 423; title 42 section 14614; title 50 
section 426.
