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5 U.S.C. § 902 — Definitions

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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Source location: Title 5, Chapter 9, § 902; chapter-009-executive-reorganization.md

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

5 U.S.C. § 903 — Reorganization plans

**(a)** Whenever the President, after investigation, finds that changes in the organization of agencies are necessary to carry out any policy set forth in [section 901(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section901/a&num=0&edition=prelim), he shall prepare a reorganization plan specifying the reorganizations he finds are necessary. Any plan may provide for— (1) the transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency; (2) the abolition of all or a part of the functions of an agency, except that no enforcement function or statutory program shall be abolished by the plan; (3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof; (4) the consolidation or coordination of part of an agency or the functions thereof with another part of the same agency or the functions thereof; (5) the authorization of an officer to delegate any of his functions; or (6) the abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions. The President shall transmit the plan (bearing an identification number) to the Congress together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to carry out any policy set forth in [section 901(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section901/a&num=0&edition=prelim). **(b)** The President shall have a reorganization plan delivered to both Houses o

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

5 U.S.C. § 5102 — Definitions; application

**(a)** For the purpose of this chapter— (1) “agency” means— (A) an Executive agency; (B) the Library of Congress; (C) the Botanic Garden; (D) the Government Publishing Office; (E) the Office of the Architect of the Capitol; and (F) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) the Virgin Islands Corporation; (iv) the Atomic Energy Commission; (v) the Central Intelligence Agency; (vi) the National Security Agency, Department of Defense; (vii) the Government Accountability Office; (viii) the Office of the Director of National Intelligence; (ix) the Defense Intelligence Agency, Department of Defense; or (x) the National Geospatial-Intelligence Agency, Department of Defense; (2) “employee” means an individual employed in or under an agency; (3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee; (4) “class” or “class of positions” includes all positions which are sufficiently similar, as to— (A) kind or subject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administration; and (5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to— (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. **(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and

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

5 U.S.C. § 5541 — Definitions

For the purpose of this subchapter— (1) “agency” means— (A) an Executive agency; (B) a military department; (C) an agency in the judicial branch; (D) the Library of Congress; (E) the Botanic Garden; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; (2) “employee” means— (A) an employee in or under an Executive agency; (B) an individual employed by the government of the District of Columbia; and (C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter III of chapter 53 of this title; but does not include— (i) a justice or judge of the United States; (ii) the head of an agency other than the government of the District of Columbia; (iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter 15 of title 31, District of Columbia Code; (iv) a member of— (I) the Metropolitan Police or the Fire Department of the District of Columbia; or (II) a member of the United States Park Police, other than for purposes of section 11 So in original. Probably should be “sections”. 5545(a) and 5546; (v) a student-employee as defined by [section 5351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5351&num=0&edition=prelim); (vi) Repealed. Pub. L. 91–375, § 6(c)(16), Aug. 12, 1970, 84 Stat. 776;] (vii) an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed; (viii) an employee of the Tennessee Valley Authority; (ix)

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

5 U.S.C. § 902 — Definitions

Page 239 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 902 as to employees separated from service under sections 2 and 15, ante, until Sept. 30, 1933, by Ex. Ord. No. 6227 of July 27, 1933. As to employees separated under sec- tion 12, ante, a similar deferment to Sept. 30, 1933, was made by Ex. Ord. No. 6245 of Aug. 9, 1933. § 20. APPROPRIATIONS Such portions of the unexpended balances of appro- priations for any abolished agency or function disposed of shall be transferred to the successor agency as the Director of the Budget shall deem necessary. Unexpended balances of appropriations for an abol- ished agency or function disposed of, not so transferred by the Director of the Budget, shall, in accordance with law, be impounded and returned to the Treasury. § 21. DEFINITIONS As used in this order— ‘‘Agency’’ means any commission, independent estab- lishment, board, bureau, division, service, or office in the executive branch of the Government. ‘‘Abolished agency’’ means any agency which is abol- ished, transferred, or consolidated. ‘‘Successor agency’’ means any agency to which is transferred some other agency or function, or which re- sults from the consolidation of other agencies or func- tions. ‘‘Function disposed of’’ means any function elimi- nated or transferred. § 22. EFFECTIVE DATE In accordance with law, this order shall become effec- tive 61 days from its date: Provided, That in case it shall appear to the President that the interests of econ- omy require that any transfer, consolidation, or elimi- nation be delayed beyond the date this order becomes effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time. (Promulgated June 10, 1933.) [Postponements of effec

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