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5 U.S.C. § 2101 — Civil service; armed forces; uniformed services
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title—
(1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services;
(2) “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; and
(3) “uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2101
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Stable record: federal_law:legal_authorities:record_usc_eb71be1f35e4de15b6d18fb6
Source file: Laws/federal/codes/united-states-code/title-5/section-2101-civil-service-armed-forces-uniformed-services--7871713fc1.md
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Source location: Title 5, Chapter 21, § 2101; chapter-021-definitions.md
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For the purpose of this title—
(1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services;
(2) “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; and
(3) “uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 100–119, title II, § 202, Sept. 29, 1987, 101 Stat. 784, prohibited counting as savings transfer of Government actions from one year to another.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 909
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(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 individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Definitions** — For the purposes of this section, the terms “covered employee” and “Board” shall each have the meaning given such term by section 101 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim)).
(2) **Rights and protections** — The rights and protections established under section 2108, sections 3309 through 3312, and subchapter I of chapter 35, of title 5, shall apply to covered employees.
(3) **Remedies**
(A) *In general* — The remedy for a violation of paragraph (2) shall be such remedy as would be appropriate if awarded under applicable provisions of title 5 in the case of a violation of the relevant corresponding provision (referred to in paragraph (2)) of such title.
(B) *Procedure* — The procedure for consideration of alleged violations of paragraph (2) shall be the same as apply under section 401 of the Congressional Accountability Act of 1995 [[2 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1401&num=0&edition=prelim)] (and the provisions of law referred to therein) in the case of an alleged violation of part A of title II of such Act [[2 U.S.C. 1311](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) et seq.].
(4) **Regulations to implement section**
(A) *In general* — The Board shall, pursuant to section 304 of the Congressional Accountability Act of 1995 ([2 U.S.C. 1384](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim)), issue regulations to implement this section.
(B) *Agency regulations* — The regulations issued under subparagraph (A) shall be the same as the most relevan
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1316a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b).
(2) For the purpose of this section—
(A) “personnel action” means—
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of this title or other disciplinary or corrective action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under chapter 43 of this title or under title 38;
(ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination;
(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and
(xii) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim);
(B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to paragraph (2), no agency may obligate or expend funds appropriated for the agency for a fiscal year to enter into a contract described in [section 4212(a) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212/a&num=0&edition=prelim) with a contractor from which a report was required under section 4212(d) of that title with respect to the preceding fiscal year if such contractor did not submit such report.
(2) Paragraph (1) shall cease to apply with respect to a contractor otherwise covered by that paragraph on the date on which the contractor submits the report required by such section 4212(d) for the fiscal year concerned.
**(b)** The Secretary of Labor shall make available in a database a list of the contractors that have complied with the provisions of such section 4212(d).
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1354
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 403–3h, comprising section 103H of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3033 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3033&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 403–4
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
The Administrative Office of the United States Courts shall be maintained at the seat of government. It shall be supervised by a Director and a Deputy Director appointed and subject to removal by the Chief Justice of the United States, after consulting with the Judicial Conference. The Director and Deputy Director shall be deemed to be officers for purposes of title 5, United States Code.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The Secretary of Defense may, at the discretion of the Secretary, exercise any authority for the appointment and pay of health care personnel under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary in order to provide or enhance the capacity of the Department to provide care and treatment for members of the armed forces who are wounded or injured on active duty in the armed forces and to support the ongoing patient care and medical readiness, education, and training requirements of the Department of Defense.
(2)
(A) For purposes of [section 3304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3304&num=0&edition=prelim), the Secretary of Defense may—
(i) designate any category of medical or health professional positions within the Department of Defense as a shortage category occupation or critical need occupation; and
(ii) utilize the authority in such section to recruit and appoint qualified persons directly in the competitive service to positions so designated.
(B) In using the authority provided by this paragraph, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of chapter 33 of title 5.
(C) Any designation by the Secretary for purposes of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements.
**(b) Termination of Authority.—**
(1) The authority of the Secretary of Defense under subsection (a)(1) to exercise authorities available under chapter 74 of title 38 for purpose
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1599c
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