§ 2104. Officer

Statutory text

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—

required by law to be appointed in the civil service by one of the following acting in an official capacity—

the President;

a court of the United States;

the head of an Executive agency; or

the Secretary of a military department;

engaged in the performance of a Federal function under authority of law or an Executive act; and

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.

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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 2104
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408
1970
Postal Reorganization Act
Pub. L. 91–375 § 6(c)(3)(A) · 84 Stat. 719
1. Amended · 5 U.S.C. § 2104(a)
  Pub. L. 91–375, § 6(c)(3)(A), (B), designated existing provisions as subsec. (a)
2. Inserted · 5 U.S.C. § 2104(a)
  Pub. L. 91–375, § 6(c)(3)(A), (B), inserted in introductory text “as otherwise provided by this section or” after “except”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(A) by inserting the subsection designation “(a)” before the word “For”;
Effective date note
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.
1970
Postal Reorganization Act
Pub. L. 91–375 § 6(c)(3)(C) · 84 Stat. 719
Added · 5 U.S.C. § 2104(b)
Pub. L. 91–375, § 6(c)(3)(C), added subsec. (b)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 91–375, § 6(c)(3)(C), added subsec. (b).
Enacted provision · exact public law section
(C) by inserting at the end thereof the following new subsection: “(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.”.
Effective date note
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.
2006
Pub. L. 109–435 title VI § 604(b) · 120 Stat. 3198
Substituted · 5 U.S.C. § 2104(b)
Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
Enacted provision · exact public law section
(b) Amendments to Title 5, United States Code.— Title 5, United States Code, is amended in sections 104(1), 306(f), 2104(b), 3371(3), 5314 (in the item relating to Chairman, Postal Rate Commission), 5315 (in the item relating to Members, Postal Rate Commission), 5514(a)(5)(B), 7342(a)(1)(A), 7511(a)(1)(B)(ii), 8402(c)(1), 8423(b)(1)(B), and 8474(c)(4) by striking “Postal Rate Commission” and inserting “Postal Regulatory Commission”.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

The section is supplied for convenience.

Editorial Notes

Amendments1970–2006 · 2 rounds

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 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.

Credits

1966–2006 · 3 acts

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

Show as published

(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.)