US (United States) Code. Title 5. Chapter 21: Definitions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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5 USC CHAPTER 21 - DEFINITIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

.

-HEAD-

CHAPTER 21 - DEFINITIONS

-MISC1-

Sec.

2101. Civil service; armed forces; uniformed services.

2101a. The Senior Executive Service.

2102. The competitive service.

2103. The excepted service.

2104. Officer.

2105. Employee.

2106. Member of Congress.

2107. Congressional employee.

2108. Veteran; disabled veteran; preference eligible.

2109. Air traffic controller; Secretary.

AMENDMENTS

1980 - Pub. L. 96-347, Sec. 1(d), Sept. 12, 1980, 94 Stat. 1150,

substituted ''controller; Secretary'' for ''controller'' in item

2109.

1978 - Pub. L. 95-454, title IV, Sec. 401(e), Oct. 13, 1978, 92

Stat. 1154, added item 2101a.

1972 - Pub. L. 92-297, Sec. 1(b), May 16, 1972, 86 Stat. 141,

added item 2109.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 22 section 3664.

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5 USC Sec. 2101 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2101. Civil service; armed forces; uniformed services

-STATUTE-

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, 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-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 90-83, Sec.

1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 96-54, Sec. 2(a)(4),

Aug. 14, 1979, 93 Stat. 381.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

The section is supplied to establish basis of reference to

employees in this title.

1967 ACT

This section amends various sections (Sec. 2101, 4102, 4109,

5541, 8101) of title 5, United States Code, to reflect 1965

Reorganization Plan No. 2 (79 Stat. 1318), effective July 13, 1965,

which consolidated the Coast and Geodetic Survey and the Weather

Bureau to form a new agency in the Department of Commerce to be

known as the Environmental Science Services Administration.

AMENDMENTS

1979 - Par. (3). Pub. L. 96-54 substituted ''National Oceanic and

Atmospheric'' for ''Environmental Science Services''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-339, Sec. 1, Oct. 31, 1998, 112 Stat. 3182, provided

that: ''This Act (enacting sections 3330a to 3330c of this title,

section 1316a of Title 2, The Congress, section 115 of Title 3, The

President, and section 1354 of Title 31, Money and Finance,

amending sections 2108, 2302, and 3304 of this title and section

4212 of Title 38, Veterans' Benefits, repealing section 1599c of

Title 10, Armed Forces, enacting provisions set out as notes under

section 2302 of this title and section 601 of Title 28, Judiciary

and Judicial Procedure, and amending provisions set out as a note

under section 106 of Title 49, Transportation) may be cited as the

'Veterans Employment Opportunities Act of 1998'.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-226, Sec. 1, Mar. 30, 1994, 108 Stat. 111, provided

that: ''This Act (amending sections 3381, 4101, 4103, 4105, 4107,

4108, 4113, 4118, 5597, 8351, 8433 to 8435, 8437, 8440a to 8440d of

this title and section 1206 of Title 45, Railroads, repealing

sections 4106 and 4114 of this title, enacting provisions set out

as notes under sections 3101, 3381, 5597, 8331, and 8351 of this

title, and amending provisions set out as a note under section

403-4 of Title 50, War and National Defense) may be cited as the

'Federal Workforce Restructuring Act of 1994'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-508, title VII, Sec. 7202(a), Nov. 5, 1990, 104 Stat.

1388-335, provided that: ''This section (amending sections 2105,

3502, 5334, 5335, 5365, 5551, 6308, 6312, 8331, 8347, 8401, 8461,

and 8901 of this title and enacting provisions set out as notes

under section 2105 of this title) may be cited as the 'Portability

of Benefits for Nonappropriated Fund Employees Act of 1990'.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

COORDINATION OF TITLE VII OF PUB. L. 101-508 WITH SECTION 909 OF

TITLE 2

Pub. L. 101-508, title VII, Sec. 7301, Nov. 5, 1990, 104 Stat.

1388-341, provided that: ''For purposes of section 202 of the

Balanced Budget and Emergency Deficit Reaffirmation Act of 1987

(probably means section 202 of the Balanced Budget and Emergency

Deficit Control Reaffirmation Act of 1987, Pub. L. 100-119, which

was formerly classified to section 909 of Title 2, The Congress),

this title and the amendments made by this title (amending sections

552a, 2105, 3502, 5334, 5335, 5365, 5551, 6308, 6312, 8331, 8334,

8339, 8342, 8343a, 8347, 8348, 8401, 8420a, 8461, 8901, 8902, 8904,

8906, 8909, and 8910 of this title, enacting provisions set out as

notes under this section and sections 552a, 2105, 8334, 8343a,

8348, 8902, 8904, and 8906 of this title, amending provisions set

out as notes under sections 8343a and 8906 of this title, and

repealing provisions set out as notes under sections 8343a and 8348

of this title) shall be considered an exception under subsection

(b) of such section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 207; title 22

section 3641; title 41 section 423.

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5 USC Sec. 2101a 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2101a. The Senior Executive Service

-STATUTE-

The ''Senior Executive Service'' consists of Senior Executive

Service positions (as defined in section 3132(a)(2) of this title).

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 401(a), Oct. 13, 1978, 92

Stat. 1154.)

-MISC1-

EFFECTIVE DATE

Section effective 9 months after Oct. 13, 1978, and congressional

review of provisions of sections 401 through 412 of Pub. L. 95-454,

see section 415 of Pub. L. 95-454, set out as a note under section

3131 of this title.

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5 USC Sec. 2102 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2102. The competitive service

-STATUTE-

(a) The ''competitive service'' consists of -

(1) all civil service positions in the executive branch, except

-

(A) positions which are specifically excepted from the

competitive service by or under statute;

(B) positions to which appointments are made by nomination

for confirmation by the Senate, unless the Senate otherwise

directs; and

(C) positions in the Senior Executive Service;

(2) civil service positions not in the executive branch which

are specifically included in the competitive service by statute;

and

(3) positions in the government of the District of Columbia

which are specifically included in the competitive service by

statute.

(b) Notwithstanding subsection (a)(1)(B) of this section, the

''competitive service'' includes 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, ''classified civil

service'' or ''classified service'' means the ''competitive

service''.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 95-454, title

IV, Sec. 401(b), Oct. 13, 1978, 92 Stat. 1154.)

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Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 638 (less Jan. 16, 1883, ch.

applicability to 27, Sec. 7 (less

appointment and applicability to

promotion). appointment 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 Government generally in

the competitive service by the requirement 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 departments,

independent establishments, and other agencies of the Government.

In that Act the word ''executive'' 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 covered by the Act of Nov. 26,

1940, in the competitive service. The remainder are covered by the

exceptions contained in the Civil Service Rules and Regulations.

The authority of the President conferred by the Act of Nov. 26,

1940, has been superseded in part by exceptions created by statutes

enacted after that date. The effect of these exceptions and the

power conferred on the President by former section 633(2)8 (last

sentence) to make exceptions to the Civil Service Rules are

preserved by the words ''positions which are specifically excepted

from the competitive service by or under statute''.

In subsection (a)(1)(B), the words ''or to pass an examination''

are omitted as covered by the exclusion from the ''competitive

service''.

Subsection (a)(2) preserves the exception stated in former

section 638 modified to recognize the several statutory exceptions

to this exception that have been enacted. The language of former

section 638 relative to examination is codified in sections 3304(b)

and 3361. The reference to veterans' preference is omitted because

the statute referred to, R.S. Sec. 1754, was superseded by sections

3 and 21 of the Act of June 18, 1929, ch. 28, 46 Stat. 21. Section

3 of the Act of June 18, 1929, was superseded by the Act of June

27, 1944, ch. 287, 58 Stat. 387, as amended, which is carried into

this title. Rights preserved by section 18 of the Act of June 27,

1944, are further preserved by technical section 8. The exception

for laborers and workmen was superseded by the Act of Nov. 26,

1940.

Subsection (b) is added because of the provisions in section 3311

of title 39.

Subsection (c) is supplied for conformity inasmuch as the terms

are coextensive by definition.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1978 - Subsec. (a)(1)(C). Pub. L. 95-454 added cl. (C).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 9 months after Oct. 13,

1978, and congressional review of provisions of sections 401

through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454,

set out as an Effective Date note under section 3131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3132, 3304 of this title;

title 10 sections 1744, 1792; title 16 section 3198; title 22

section 3641; title 28 section 569; title 36 section 2102; title 42

section 2000e; title 49 section 44506.

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5 USC Sec. 2103 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2103. The excepted service

-STATUTE-

(a) For the purpose of this title, the ''excepted service''

consists of those civil service positions which are not in the

competitive service or the Senior Executive Service.

(b) As used in other Acts of Congress, ''unclassified civil

service'' or ''unclassified service'' means the ''excepted

service''.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 95-454, title

IV, Sec. 401(c), Oct. 13, 1978, 92 Stat. 1154.)

-MISC1-

HISTORICAL AND REVISION NOTES

The section is supplied for convenience. The ''excepted

service'' has come to mean all employees not in the competitive

service, for whatever reason.

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-454 inserted reference to Senior

Executive Service.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 9 months after Oct. 13,

1978, and congressional review of provisions of sections 401

through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454,

set out as an Effective Date note under section 3131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3304 of this title; title

10 sections 1614, 1744, 2164; title 49 section 44506.

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5 USC Sec. 2104 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2104. Officer

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 91-375, Sec.

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

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 902 of this title; title

10 sections 4595, 7582, 9594; title 18 section 202; title 28

section 179; title 41 section 423; title 42 section 14614; title 50

section 426.

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5 USC Sec. 2105 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2105. Employee

-STATUTE-

(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;

(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, Army and Air Force Motion Picture

Service, Navy Ship's Stores Ashore, 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 employee for the purpose of -

(1) laws administered by the Office of Personnel Management,

except -

(A) section 7204;

(B) as otherwise specifically provided in this title;

(C) the Fair Labor Standards Act of 1938;

(D) for the purpose of entering into an interchange agreement

to provide for the noncompetitive movement of employees between

such instrumentalities and the competitive service; or

(E) subchapter V of chapter 63, which shall be applied so as

to construe references to benefit programs to refer to

applicable programs for employees paid from nonappropriated

funds; or

(2) subchapter I of chapter 81, chapter 84 (except to the

extent specifically provided therein), and section 7902 of this

title.

This subsection does not affect the status of these nonappropriated

fund activities as Federal instrumentalities.

(d) A Reserve of the armed forces who is not on active duty or

who is on active duty for training is deemed not an employee or an

individual holding an office of trust or profit or discharging an

official function under or in connection with the United States

because of his appointment, oath, or status, or any duties or

functions performed or pay or allowances received in that capacity.

(e) Except as otherwise provided by law, an employee of the

United States Postal Service or of the Postal Rate Commission is

deemed not an employee for purposes of this title.

(f) For purposes of sections 1212, 1213, 1214, 1215, 1216, 1221,

1222, 2302, and 7701, employees appointed under chapter 73 or 74 of

title 38 shall be employees.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409; Pub. L. 90-486, Sec.

4, Aug. 13, 1968, 82 Stat. 757; Pub. L. 91-375, Sec. 6(c)(4), Aug.

12, 1970, 84 Stat. 775; Pub. L. 92-392, Sec. 2, Aug. 19, 1972, 86

Stat. 573; Pub. L. 95-454, title VII, Sec. 703(c)(2), title IX,

Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1217, 1224; Pub. L. 96-54,

Sec. 2(a)(5), (6), Aug. 14, 1979, 93 Stat. 381; Pub. L. 99-335,

title II, Sec. 207(a), June 6, 1986, 100 Stat. 594; Pub. L. 99-638,

Sec. 2(b)(1), Nov. 10, 1986, 100 Stat. 3536; Pub. L. 101-508, title

VII, Sec. 7202(b), Nov. 5, 1990, 104 Stat. 1388-335; Pub. L. 103-3,

title II, Sec. 201(b), Feb. 5, 1993, 107 Stat. 23; Pub. L. 103-424,

Sec. 7, Oct. 29, 1994, 108 Stat. 4364; Pub. L. 104-201, div. A,

title III, Sec. 370(b), Sept. 23, 1996, 110 Stat. 2499; Pub. L.

105-85, div. B, title XXVIII, Sec. 2871(c)(2), Nov. 18, 1997, 111

Stat. 2015.)

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Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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(b) (Uncodified). Aug. 5, 1939, ch.

448, Sec. 2, 53

Stat. 1210.

(Uncodified). Dec. 3, 1945, ch.

510, Sec. 2, 59

Stat. 590.

(Uncodified). Dec. 28, 1945, ch.

593, Sec. 2, 59

Stat. 660.

(Uncodified). Dec. 28, 1945, ch.

594, Sec. 2, 59

Stat. 660.

(Uncodified). July 26, 1946, ch.

675, Sec. 2 (last

proviso), 60 Stat.

704.

(c) 5 U.S.C. 150k. June 19, 1952, ch.

444, Sec. 1, 66

Stat. 138.

(d) 5 U.S.C. 30r(d). Aug. 10, 1956, ch.

1041, Sec. 29(d),

70A Stat. 632.

-------------------------------

Subsection (a) is supplied to avoid the necessity of defining

''employee'' each time it appears in this title. The subsection is

based on a definition worked out independently by the Civil Service

Commission and the Department of Labor and in use by both for more

than a decade.

In subsection (b), the provisions of the source statutes which

relate to credit for prior service and diminution of pay are

executed, or, insofar as to be executed preserved by technical

section 8.

In subsection (d), the words ''officer or'' are omitted as

included within ''employee''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in subsec.

(c)(1)(C), is act June 25, 1938, ch. 676, 52 Stat. 1060, as

amended, which is classified generally to chapter 8 (Sec. 201 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see section 201 of Title 29 and Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-85 inserted ''(if any)'' after

''Academy dairy''.

1996 - Subsec. (b). Pub. L. 104-201 inserted ''who is'' after

''An individual'' and ''and whose employment in such a position

began before October 1, 1996, and has been uninterrupted in such a

position since that date'' after ''Academy dairy,''.

1994 - Subsec. (f). Pub. L. 103-424 added subsec. (f).

1993 - Subsec. (c)(1)(E). Pub. L. 103-3 added subpar. (E).

1990 - Subsec. (c)(1). Pub. L. 101-508, Sec. 7202(b)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''laws (other than subchapter IV of chapter 53 of this title,

subchapter III of chapter 83 of this title to the extent provided

in section 8332(b)(16) of this title, and sections 5550 and 7204 of

this title) administered by the Office of Personnel Management;

or''.

Subsec. (c)(2). Pub. L. 101-508, Sec. 7202(b)(2), inserted

''(except to the extent specifically provided therein)'' after

''chapter 84''.

1986 - Subsec. (c)(1). Pub. L. 99-638 inserted ''of this title,

subchapter III of chapter 83 of this title to the extent provided

in section 8332(b)(16) of this title,''.

Subsec. (c)(2). Pub. L. 99-335 substituted ''chapter 81, chapter

84,'' for ''chapter 81''.

1979 - Subsec. (a)(1)(F). Pub. L. 96-54, Sec. 2(a)(5),

substituted ''an adjutant'' for ''the adjutants'' and struck out

'', United States Code'' after ''32''.

Subsec. (c)(1). Pub. L. 96-54, Sec. 2(a)(6), amended subsec.

(c)(1) in same manner as amendment by section 703(c)(2) of Pub. L.

95-454. See 1978 Amendment note set out below.

1978 - Subsec. (c)(1). Pub. L. 95-454 substituted ''7204'' for

''7154'', and ''Office of Personnel Management'' for ''Civil

Service Commission''. Amendments by section 703(c)(1) and (c)(2) of

Pub. L. 95-454 appear to have been inadvertently reversed. Subsec.

(c)(1) purported to amend subsec. (c)(1) of this section, and

subsec. (c)(2) purported to amend section 3302(2) of this title.

However, the amendments specified by Pub. L. 95-454, Sec. 703(c)(1)

and (2), were impossible to execute literally. Thus, the amendment

by Pub. L. 95-454, Sec. 703(c)(2) was executed to this section, and

the amendment by section 703(c)(1) was executed to section 3302(2)

of this title as the probable intent of Congress.

1972 - Subsec. (c)(1). Pub. L. 92-392 substituted ''laws (other

than subchapter IV of chapter 53 and sections 5550 and 7154 of this

title)'' for ''laws''.

1970 - Subsec. (e). Pub. L. 91-375 added subsec. (e).

1968 - Subsec. (a)(1)(F). Pub. L. 90-486 added subpar. (F).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 370(e) of Pub. L. 104-201 provided that: ''The amendments

made by this section (amending this section and section 6971 of

Title 10, Armed Forces, and repealing section 6970 of Title 10)

shall take effect on October 1, 1996.''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-3 effective 6 months after Feb. 5, 1993,

see section 405(b)(1) of Pub. L. 103-3, set out as an Effective

Date note under section 2601 of Title 29, Labor.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 7202(m) of Pub. L. 101-508 provided that:

''(1) The amendments made by this section (amending this section

and sections 3502, 5334, 5335, 5365, 5551, 6308, 6312, 8331, 8347,

8401, 8461, and 8901 of this title) shall apply with respect to any

individual who, on or after January 1, 1987 -

''(A) moves without a break in service of more than 3 days from

employment in a nonappropriated fund instrumentality of the

Department of Defense or the Coast Guard that is described in

section 2105(c) of title 5, United States Code, to employment in

the Department of Defense or the Coast Guard, respectively, that

is not described in such section 2105(c); or

''(B) moves without a break in service from employment in the

Department of Defense or the Coast Guard that is not described in

such section 2105(c) to employment in a nonappropriated fund

instrumentality of the Department of Defense or the Coast Guard,

respectively, that is described in such section 2105(c).

''(2) The Secretary of Defense, the Secretary of Transportation,

the Director of the Office of Personnel Management, and the

Executive Director of the Federal Retirement Thrift Investment

Board, as applicable, shall take such actions as may be practicable

to ensure that each individual who has moved as described under

paragraph (1) on or after January 1, 1987, and before the date of

enactment of this Act (Nov. 5, 1990), receives the benefit of the

amendments made by this section as if such amendments had been in

effect at the time such individual so moved. Each such individual

who wishes to make an election of retirement coverage under the

amendments made by subsection (j) or (k) of this section (amending

sections 8331, 8347, 8401, and 8461 of this title) shall complete

such election within 180 days after the date of enactment of this

Act.''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-392 effective on first day of first

applicable pay period beginning on or after 90th day after Aug. 19,

1972, see section 15(a) of Pub. L. 92-392, set out as an Effective

Date note under section 5341 of this title.

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.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that

no deductions or withholding from salary which result therefrom

shall commence before the first day of the first pay period that

begins on or after Jan. 1, 1968, see section 11 of Pub. L. 90-486,

set out as a note under section 709 of Title 32, National Guard.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

TREATMENT OF INDIVIDUALS ELECTING TO REMAIN SUBJECT TO THEIR FORMER

RETIREMENT SYSTEM

Section 7202(n) of Pub. L. 101-508, as amended by Pub. L.

102-378, Sec. 5(a)(2), Oct. 2, 1992, 106 Stat. 1358, provided that:

''(1) For the purpose of this section (amending this section and

sections 3502, 5334, 5335, 5365, 5551, 6308, 6312, 8331, 8347,

8401, 8461, and 8901 of this title and enacting provisions set out

as notes under this section and section 2101 of this title), the

term 'nonappropriated fund instrumentality' means a nonappropriated

fund instrumentality of the Department of Defense or the Coast

Guard, described in section 2105(c) of title 5, United States Code.

''(2)(A) If an individual makes an election under section

8347(q)(1) of title 5, United States Code, to remain covered by

subchapter III of chapter 83 of such title, any nonappropriated

fund instrumentality thereafter employing such individual shall

deduct from such individual's pay and contribute to the Thrift

Savings Fund such sums as are required for such individual in

accordance with section 8351 of such title.

''(B) Notwithstanding subsection (a) or (b) of section 8432 of

title 5, United States Code, any individual who, as of the date of

enactment of this Act (Nov. 5, 1990), becomes eligible to make an

election under section 8347(q)(1) of such title may, within 30 days

after such individual makes an election thereunder in accordance

with subsection (m)(2) (set out as a note above), make any election

described in section 8432(b)(1)(A) of such title.

''(3)(A) If an individual makes an election under section

8461(n)(1) of title 5, United States Code, to remain covered by

chapter 84 of such title, any nonappropriated fund instrumentality

thereafter employing such individual shall deduct from such

individual's pay and shall contribute to the Thrift Savings Fund

the funds deducted, together with such other sums as are required

for such individual under subchapter III of such chapter.

''(B) Notwithstanding subsection (a) or (b) of section 8432 of

title 5, United States Code, any individual who, as of the date of

enactment of this Act, becomes eligible to make an election under

section 8461(n)(1) of such title may, within 30 days after such

individual makes an election thereunder in accordance with

subsection (m)(2), make any election described in section

8432(b)(1)(A) of such title.

''(4) If an individual makes an election under section 8347(q)(2)

or 8461(n)(2) of title 5, United States Code, to remain covered by

a retirement system established for employees described in section

2105(c) of such title, any Government agency thereafter employing

such individual shall, in lieu of any deductions or contributions

for which it would otherwise be responsible with respect to such

individual under chapter 83 or 84 of such title, make such

deductions from pay and such contributions as would be required

(under the retirement system for nonappropriated fund employees

involved) if it were a nonappropriated fund instrumentality. Any

such deductions and contributions shall be remitted to the

Department of Defense or the Coast Guard, as applicable, for

transmission to the appropriate retirement system.''

(Amendment by Pub. L. 102-378 to section 7202(n) of Pub. L.

101-508, set out above, effective Nov. 5, 1990, see section 9(b)(6)

of Pub. L. 102-378, set out as an Effective Date of 1992 Amendment

note under section 6303 of this title.)

PROHIBITION OF DECREASE IN BASIC PAY RATE OF EMPLOYEES OF

NONAPPROPRIATED FUND INSTRUMENTALITIES

Amendments by Pub. L. 92-392 not to decrease basic pay rate of

subsec. (c) employees in service before effective date of the

amendments as to such employees, see section 9(a)(2) of Pub. L.

92-392, set out as a note under section 5343 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3502, 3521, 5334, 5335,

5342, 5365, 5506, 5515, 5537, 5551, 5552, 5581, 5595, 5736, 5751,

5945, 5946, 6103, 6104, 6121, 6301, 6308, 6322, 6323, 6385, 7103,

7119, 7342, 7905, 8171, 8172, 8173, 8311, 8331, 8332, 8347, 8401,

8411, 8461, 8701, 8901, 9001 of this title; title 6 section 292;

title 10 sections 975, 1587, 2494, 4595, 7582, 9594; title 18

section 202; title 19 section 2081; title 22 sections 3974, 4341,

4833, 7002; title 25 section 450i; title 26 section 7608; title 41

sections 419, 423; title 42 sections 3374, 14614; title 49 section

44901; title 50 section 426.

-CITE-

5 USC Sec. 2106 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2106. Member of Congress

-STATUTE-

For the purpose of this title, ''Member of Congress'' means the

Vice President, a member of the Senate or the House of

Representatives, a Delegate to the House of Representatives, and

the Resident Commissioner from Puerto Rico.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409; Pub. L. 91-405, title

II, Sec. 204(b), Sept. 22, 1970, 84 Stat. 852; Pub. L. 96-54, Sec.

2(a)(7), Aug. 14, 1979, 93 Stat. 381.)

-MISC1-

HISTORICAL AND REVISION NOTES

The section is supplied to avoid the necessity of defining

''Member of Congress'' each time the term is used in this title.

AMENDMENTS

1979 - Pub. L. 96-54 substituted ''to the House of

Representatives'' for ''from the District of Columbia''.

1970 - Pub. L. 91-405 included Delegate from District of

Columbia.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-405 effective Sept. 22, 1970, see section

206(b) of Pub. L. 91-405, set out as an Effective Date note under

section 25a of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5520a, 7342, 8311, 8331,

8401, 8701, 8901 of this title.

-CITE-

5 USC Sec. 2107 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2107. Congressional employee

-STATUTE-

For the purpose of this title, ''Congressional employee'' means -

(1) an employee of either House of Congress, of a committee of

either House, or of a joint committee of the two Houses;

(2) an elected officer of either House who is not a Member of

Congress;

(3) the Legislative Counsel of either House and an employee of

his office;

(4) a member of the Capitol Police;

(5) an employee of a Member of Congress if the pay of the

employee is paid by the Secretary of the Senate or the Chief

Administrative Officer of the House of Representatives;

((6) Repealed. Pub. L. 90-83, Sec. 1(5)(A), Sept. 11, 1967, 81

Stat. 196.)

(7) the Architect of the Capitol and an employee of the

Architect of the Capitol;

(8) an employee of the Botanic Garden; and

(9) an employee of the Capitol Guide Service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409; Pub. L. 90-83, Sec.

1(5), Sept. 11, 1967, 81 Stat. 196; Pub. L. 91-510, title IV, Sec.

442(a), Oct. 26, 1970, 84 Stat. 1191; Pub. L. 104-186, title II,

Sec. 215(1), Aug. 20, 1996, 110 Stat. 1745.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

The section is supplied to avoid the necessity of defining

''Congressional employee'' each time the term is used in this

title.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2107(6) 2:126-1. July 27, 1965, Pub.

L. 89-90, Sec. 101

(proviso on p.

265), 79 Stat. 265.

2107(8) 5 App.: 2251(c). Sept. 26, 1966, Pub.

L. 89-604, Sec.

1(a), 80 Stat. 846.

-------------------------------

Paragraph (6), relating to Official Reporters of Debates of the

Senate and their employees, is eliminated as unnecessary on

authority of the act of July 27, 1965 (2 U.S.C. 126-1). Pursuant to

that act, the Official Reporters and their employees became

employees of the Senate; accordingly, they are now included within

the definition of ''Congressional employee'' under paragraph (1).

In paragraph (8), based on the act of September 26, 1966 (5 App.

U.S.C. 2251(c)), the word ''officers'' is omitted as included in

''employees,'' and the words ''United States'' preceding the words

''Botanic Garden'' are omitted as unnecessary.

AMENDMENTS

1996 - Par. (5). Pub. L. 104-186 substituted ''Chief

Administrative Officer'' for ''Clerk''.

1970 - Par. (9). Pub. L. 91 - 510 added par. (9).

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-510 effective immediately prior to noon

on June. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as

a note under section 72a of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5531, 8331, 8401, 8701,

8901 of this title; title 2 section 31b-5; title 22 sections 3008,

6918; title 26 section 7448; title 31 section 774; title 38 section

7297.

-CITE-

5 USC Sec. 2108 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2108. Veteran; disabled veteran; preference eligible

-STATUTE-

For the purpose of this title-

(1) ''veteran'' means an individual who-

(A) served on active duty in the armed forces during a war,

in a campaign or expedition for which a campaign badge has been

authorized, or during the period beginning April 28, 1952, and

ending July 1, 1955;

(B) served on active duty as defined by section 101(21) of

title 38 at any time in the armed forces for a period of more

than 180 consecutive days any part of which occurred after

January 31, 1955, and before October 15, 1976, not including

service under section 12103(d) of title 10 pursuant to an

enlistment in the Army National Guard or the Air National Guard

or as a Reserve for service in the Army Reserve, Naval Reserve,

Air Force Reserve, Marine Corps Reserve, or Coast Guard

Reserve; or

(C) served on active duty as defined by section 101(21) of

title 38 in the armed forces during the period beginning on

August 2, 1990, and ending on January 2, 1992;

and who has been separated from the armed forces under honorable

conditions;

(2) ''disabled veteran'' means an individual who has served on

active duty in the armed forces, has been separated therefrom

under honorable conditions, and has established the present

existence of a service-connected disability or is receiving

compensation, disability retirement benefits, or pension because

of a public statute administered by the Department of Veterans

Affairs or a military department;

(3) ''preference eligible'' means, except as provided in

paragraph (4) of this section -

(A) a veteran as defined by paragraph (1)(A) of this section;

(B) a veteran as defined by paragraph (1)(B) or (C) of this

section;

(C) a disabled veteran;

(D) the unmarried widow or widower of a veteran as defined by

paragraph (1)(A) of this section;

(E) the wife or husband of a service-connected disabled

veteran if the veteran has been unable to qualify for any

appointment in the civil service or in the government of the

District of Columbia;

(F) the mother of an individual who lost his life under

honorable conditions while serving in the armed forces during a

period named by paragraph (1)(A) of this section, if -

(i) her husband is totally and permanently disabled;

(ii) she is widowed, divorced, or separated from the father

and has not remarried; or

(iii) she has remarried but is widowed, divorced, or

legally separated from her husband when preference is

claimed; and

(G) the mother of a service-connected permanently and totally

disabled veteran, if -

(i) her husband is totally and permanently disabled;

(ii) she is widowed, divorced, or separated from the father

and has not remarried; or

(iii) she has remarried but is widowed, divorced, or

legally separated from her husband when preference is

claimed;

but does not include applicants for, or members of, the Senior

Executive Service, the Defense Intelligence Senior Executive

Service, the Senior Cryptologic Executive Service, or the Federal

Bureau of Investigation and Drug Enforcement Administration

Senior Executive Service;

(4) except for the purposes of chapters 43 and 75 of this

title, ''preference eligible'' does not include a retired member

of the armed forces unless -

(A) the individual is a disabled veteran; or

(B) the individual retired below the rank of major or its

equivalent; and

(5) ''retired member of the armed forces'' means a member or

former member of the armed forces who is entitled, under statute,

to retired, retirement, or retainer pay on account of service as

a member.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 410; Pub. L. 90-83, Sec.

1(6), Sept. 11, 1967, 81 Stat. 196; Pub. L. 90-623, Sec. 1(2), Oct.

22, 1968, 82 Stat. 1312; Pub. L. 92-187, Sec. 1, Dec. 15, 1971, 85

Stat. 644; Pub. L. 94-502, title VII, Sec. 702, Oct. 15, 1976, 90

Stat. 2405; Pub. L. 95-454, title III, Sec. 307(a), title IV, Sec.

401(d), Oct. 13, 1978, 92 Stat. 1147, 1154; Pub. L. 96-54, Sec.

2(a)(8), (9)(A), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96-191, Sec.

8(a), Feb. 15, 1980, 94 Stat. 33; Pub. L. 97-89, title VIII, Sec.

801, Dec. 4, 1981, 95 Stat. 1161; Pub. L. 100-325, Sec. 2(a), May

30, 1988, 102 Stat. 581; Pub. L. 102-54, Sec. 13(b)(1), June 13,

1991, 105 Stat. 274; Pub. L. 105-85, div. A, title XI, Sec.

1102(a), (c), Nov. 18, 1997, 111 Stat. 1922; Pub. L. 105-339, Sec.

4(a), Oct. 31, 1998, 112 Stat. 3185.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 851 (less June 27, 1944, ch.

1st 76 words). 287, Sec. 2 (less

1st 76 words), 58

Stat. 387.

Jan. 19, 1948, ch.

1, Sec. 1, 62 Stat.

3.

July 2, 1948, ch.

816, 62 Stat. 1233.

Aug. 26, 1949, ch.

513, 63 Stat. 666.

Dec. 27, 1950, ch.

1151, Sec. 1, 64

Stat. 1117.

July 14, 1952, ch.

728, Sec. 1, 66

Stat. 626.

-------------------------------

In paragraph (2), the words ''a military department'' are

substituted for ''the War Department or Navy Department''

(appearing in section 2 of the Act of June 27, 1944) because of the

definition of ''military department'' in section 102. The

Department of War was designated the Department of the Army by the

Act of July 26, 1947, ch. 343, Sec. 205, 61 Stat. 501. ''Department

of the Air Force'' is included on authority of the Act of July 26,

1947, ch. 343, Sec. 207 (a), (f), 61 Stat. 502.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2108 5 App.: 851. Mar. 3, 1966, Pub.

L. 89-358, Sec. 11,

80 Stat. 28.

-------------------------------

AMENDMENTS

1998 - Par. (3). Pub. L. 105-339, in concluding provisions,

substituted ''or the Federal Bureau of Investigation and Drug

Enforcement Administration Senior Executive Service;'' for ''the

Federal Bureau of Investigation and Drug Enforcement Administration

Senior Executive Service, or the General Accounting Office;''.

1997 - Par. (1)(B). Pub. L. 105-85, Sec. 1102(c), substituted

''October 15, 1976,'' for ''the date of enactment of the Veterans'

Education and Employment Assistance Act of 1976,'' and ''12103(d)

of title 10'' for ''511(d) of title 10''.

Par. (1)(C). Pub. L. 105-85, Sec. 1102(a)(1), added subpar. (C).

Par. (3)(B). Pub. L. 105-85, Sec. 1102(a)(2), inserted ''or (C)''

after ''paragraph (1)(B)''.

1991 - Par. (2). Pub. L. 102-54 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1988 - Par. (3). Pub. L. 100-325 inserted reference to Federal

Bureau of Investigation and Drug Enforcement Administration Senior

Executive Service in concluding provisions.

1981 - Par. (3). Pub. L. 97-89 inserted reference to Defense

Intelligence Senior Executive Service and Senior Cryptologic

Executive Service in concluding provisions.

1980 - Par. (3). Pub. L. 96-191 inserted reference to General

Accounting Office in concluding provisions.

1979 - Par. (3). Pub. L. 96-54, Sec. 2(a)(8), inserted provision

excepting applicants for, or members of, Senior Executive Service.

Par. (5). Pub. L. 96-54, Sec. 2(a)(9)(A), struck out provision

excepting applicants for, or members of, Senior Executive Service.

1978 - Par. (2). Pub. L. 95-454, Sec. 307(a)(1), struck out

''and'' at end.

Par. (3). Pub. L. 95-454, Sec. 307(a)(2), (3), inserted '',

except as provided in paragraph (4) of this section'' after

''means'', and substituted a semicolon for the period at end.

Pars. (4), (5). Pub. L. 95-454, Sec. 307(a)(4), added pars. (4)

and (5) relating to retired members of the armed forces.

Par. (5). Pub. L. 95-454, Sec. 401(d), inserted ''; but does not

include applicants for, or members of, the Senior Executive

Service'' before the period at end.

1976 - Par. (1)(B). Pub. L. 94-502 substituted ''any part of

which occurred after January 31, 1955, and before the date of

enactment of the Veterans' Education and Employment Assistance Act

of 1976,'' for ''after January 31, 1955,''.

1971 - Par. (3)(D). Pub. L. 92-187 inserted ''or widower'' after

''unmarried widow''.

Par. (3)(E). Pub. L. 92-187 inserted ''or husband'' after ''the

wife''.

1968 - Par. (3)(D). Pub. L. 90-623 inserted ''as defined by

paragraph (1)(A) of this section'' after ''veteran''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-89 effective Oct. 1, 1981, see section

806 of Pub. L. 97-89, set out as an Effective Date note under

section 1621 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section

10(a) of Pub L. 96-191.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by section 2(a)(8) of Pub. L. 96-54 effective July 12,

1979, see section 2(b) of Pub. L. 96-54, set out as a note under

section 305 of this title.

Section 2(a)(9)(B) of Pub. L. 96-54 provided that: ''The

amendment made by subparagraph (A) (amending this section) shall

take effect October 1, 1980''.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 307(a) of Pub. L. 95-454 provided that the amendment made

by that section is effective Oct. 1, 1980.

Amendment by section 401(d) of Pub. L. 95-454 effective 9 months

after Oct. 13, 1978, and congressional review of provisions of

sections 401 through 412 of Pub. L. 95-454, see section 415 of Pub.

L. 95-454, set out as an Effective Date note under section 3131 of

this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 effective Sept. 11, 1967, for all

purposes, see section 6 of Pub. L. 90-623, set out as a note under

section 5334 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3305, 3309, 3312,

3318, 3352, 3502, 3504 of this title; title 2 section 1316a; title

3 section 115; title 10 sections 943, 1614; title 16 section 3198;

title 22 sections 1438, 3941; title 32 section 709; title 38

sections 106, 5303A, 7281, 7802; title 39 section 1005; title 42

sections 2992a-1, 9839; title 49 section 47112.

-CITE-

5 USC Sec. 2109 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 21 - DEFINITIONS

-HEAD-

Sec. 2109. Air traffic controller; Secretary

-STATUTE-

For the purpose of this title -

(1) ''air traffic controller'' or ''controller'' means a

civilian employee of the Department of Transportation or the

Department of Defense who, in an air traffic control facility or

flight service station facility -

(A) is actively engaged -

(i) in the separation and control of air traffic; or

(ii) in providing preflight, inflight, or airport advisory

service to aircraft operators; or

(B) is the immediate supervisor of any employee described in

subparagraph (A); and

(2) ''Secretary'', when used in connection with ''air traffic

controller'' or ''controller'', means the Secretary of

Transportation with respect to controllers in the Department of

Transportation, and the Secretary of Defense with respect to

controllers in the Department of Defense.

-SOURCE-

(Added Pub. L. 92-297, Sec. 1(a), May 16, 1972, 86 Stat. 141;

amended Pub. L. 96-347, Sec. 1(a), Sept. 12, 1980, 94 Stat. 1150;

Pub. L. 99-335, title II, Sec. 207(b), June 6, 1986, 100 Stat.

594.)

-MISC1-

AMENDMENTS

1986 - Par. (1). Pub. L. 99-335 amended par. (1) generally

including within term ''air traffic controller'' or ''controller''

references to a flight service station facility and to employment

providing preflight, inflight, or airport advisory service to

aircraft operators and striking out provision that regulations

prescribed by the Secretary be used in determining who is an air

traffic controller.

1980 - Pub. L. 96-347 substituted ''controller; Secretary'' for

''controller'' in section catchline, and in text included employees

of the Department of Defense within the meaning of air traffic

controller or controller and defined ''Secretary'' to mean

Secretary of Transportation with respect to controllers in the

Department of Transportation and Secretary of Defense with respect

to controllers in the Department of Defense.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 3 of Pub. L. 96-347 provided that: ''This Act (amending

this section and sections 3307, 3381 to 3385, and 8335 of this

title and enacting provisions set out as a note under section 8335

of this title) shall take effect on the later of -

''(1) October 1, 1980, or

''(2) the ninetieth day after the date of the enactment of this

Act (Sept. 12, 1980).''

EFFECTIVE DATE

Section effective on 90th day after May 16, 1972, see, section 10

of Pub. L. 92-297, set out as a note under section 3381 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 section 44506.

-CITE-