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5 U.S.C. § 2104 — Officer

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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 Regulatory Commission is deemed not an officer for purposes of this title.

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Source location: Title 5, Chapter 21, § 2104; chapter-021-definitions.md

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 101 — Postal policy

**(a)** The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such service to the people. **(b)** The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday, in emergency situations, such as natural disasters, or in geographic areas where the Postal Service has established a policy of delivering mail fewer than six days a week as of the date of enactment of the Postal Service Reform Act of 2022. The Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. No small post office shall be closed solely for operating at a deficit, it being the specific intent of the Congress that effective postal services be insured to residents of both urban and rural communities. **(c)** As an employer, the Postal Service shall achieve and maintain compensation for its officers and employees comparable to the rates and types of compensation pa

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 2101 — Definitions

In this chapter: (1) **Contracting officer.—** — The term “contracting officer” means an individual who, by appointment in accordance with applicable regulations, has the authority to enter into a Federal agency procurement contract on behalf of the Government and to make determinations and findings with respect to the contract. (2) **Contractor bid or proposal information.—** — The term “contractor bid or proposal information” means any of the following information submitted to a Federal agency as part of, or in connection with, a bid or proposal to enter into a Federal agency procurement contract, if that information previously has not been made available to the public or disclosed publicly: (A) Cost or pricing data (as defined in [section 3701 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3701&num=0&edition=prelim) with respect to procurements subject to that section and [section 3501(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3501/a&num=0&edition=prelim) with respect to procurements subject to that section). (B) Indirect costs and direct labor rates. (C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation. (D) Information marked by the contractor as “contractor bid or proposal information”, in accordance with applicable law or regulation. (3) **Federal agency.—** — The term “Federal agency” has the meaning given that term in [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim). (4) **Federal agency procurement.—** — The term “Federal agency procurement” means the acquisition (by using

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 902 — Definitions

For the purpose of this chapter— (1) “agency” means— (A) an Executive agency or part thereof; and (B) an office or officer in the executive branch; but does not include the Government Accountability Office or the Comptroller General of the United States; (2) “reorganization” means a transfer, consolidation, coordination, authorization, or abolition, referred to in [section 903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section903&num=0&edition=prelim); and (3) “officer” is not limited by [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2104&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2104 — Officer

Page 301 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 2104 positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute. (c) As used in other Acts of Congress, ‘‘classi- fied civil service’’ or ‘‘classified service’’ means the ‘‘competitive service’’. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 95–454, title IV, § 401(b), Oct. 13, 1978, 92 Stat. 1154.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 638 (less ap- plicability to ap- pointment and promotion). Jan. 16, 1883, ch. 27, § 7 (less applicability to appoint- ment and promotion), 22 Stat. 406. Subsection (a) is restated in the form of a definition. Subsection (a)(1) is based on former section 638, which placed positions in the executive branch of the Govern- ment generally in the competitive service by the re- quirement that employment be predicated on passing an examination or being exempted from examination, and section 1 of the Act of Nov. 26, 1940, ch. 919, title I, 54 Stat. 1211 (see table III), which authorized the President, subject to certain exceptions, to place in the classified civil service positions in the Executive de- partments, independent establishments, and other agencies of the Government. In that Act the word ‘‘ex- ecutive’’ has been construed to modify ‘‘departments’’, ‘‘independent establishments’’; and ‘‘other agency’’. This construction is supported by the language of the Act of Jan. 16, 1883, and is embodied in Civil Service Rule I. Acting under this statute, the President has placed all but a comparatively few of the positions cov- ered by the Act of Nov. 26, 1940, in the competitive serv- ice. The remainder a

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