-CITE-
    5 USC CHAPTER 21 - DEFINITIONS                              01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 2101                                             01/03/2007

-EXPCITE-
    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 [Secs. 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.


-MISC2-
     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."

-End-



-CITE-
    5 USC Sec. 2101a                                            01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    5 USC Sec. 2102                                             01/03/2007

-EXPCITE-
    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.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
    (a)             5 U.S.C. 638 (less       Jan. 16, 1883, ch. 27, Sec. 
                     applicability to         7 (less applicability to   
                     appointment and          appointment and promotion),
                     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.

-End-



-CITE-
    5 USC Sec. 2103                                             01/03/2007

-EXPCITE-
    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.

-End-



-CITE-
    5 USC Sec. 2104                                             01/03/2007

-EXPCITE-
    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 Regulatory 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; Pub. L. 109-435, title VI,
    Sec. 604(b), Dec. 20, 2006, 120 Stat. 3241.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      The section is supplied for convenience.

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-435 substituted "Postal
    Regulatory Commission" for "Postal Rate Commission".
      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.

-End-



-CITE-
    5 USC Sec. 2105                                             01/03/2007

-EXPCITE-
    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 Regulatory 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; Pub. L. 109-435, title VI, Sec. 604(f), Dec. 20, 2006,
    120 Stat. 3242.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
    (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                            
      2006 - Subsec. (e). Pub. L. 109-435 substituted "Postal
    Regulatory Commission" for "Postal Rate Commission".
      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.


-MISC3-
    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.

-End-



-CITE-
    5 USC Sec. 2106                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 2107                                             01/03/2007

-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       Source (U.S. Code)      Source (Statutes at Large) 
       title 5                                                           
    --------------------------------------------------------------------
    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.

-End-



-CITE-
    5 USC Sec. 2108                                             01/03/2007

-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, Navy Reserve,
        Air Force Reserve, Marine Corps Reserve, or Coast Guard
        Reserve;
          (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; or
          (D) 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 during the
        period beginning on September 11, 2001, and ending on the date
        prescribed by Presidential proclamation or by law as the last
        date of Operation Iraqi Freedom;

      and who has been discharged or released from active duty in 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), (C), or (D) 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; Pub. L. 109-163, div. A, title
    V, Sec. 515(f)(1), title XI, Secs. 1111, 1112(a), Jan. 6, 2006, 119
    Stat. 3236, 3451.)

-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. 287,     
                     1st 76 words).           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       Source (U.S. Code)      Source (Statutes at Large) 
       title 5                                                           
    --------------------------------------------------------------------
    2108            5 App.: 851.             Mar. 3, 1966, Pub. L.       
                                              89-358, Sec. 11, 80 Stat.  
                                              28.                        
    --------------------------------------------------------------------


                                AMENDMENTS                            
      2006 - Par. (1). Pub. L. 109-163, Sec. 1112(a), in concluding
    provisions, substituted "discharged or released from active duty
    in" for "separated from".
      Par. (1)(B). Pub. L. 109-163, Sec. 515(f)(1), substituted "Navy
    Reserve" for "Naval Reserve".
      Par. (1)(D). Pub. L. 109-163, Sec. 1111(a), added subpar. (D).
      Par. (3)(B). Pub. L. 109-163, Sec. 1111(b), substituted
    "paragraph (1)(B), (C), or (D)" for "paragraph (1)(B) or (C)".
      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.

                             SAVINGS PROVISION                         
      Pub. L. 109-163, div. A, title XI, Sec. 1112(b), Jan. 6, 2006,
    119 Stat. 3451, provided that: "Nothing in the amendment made by
    subsection (a) [amending this section] may be construed to affect a
    determination made before the date of enactment of this Act [Jan.
    6, 2006] that an individual is a preference eligible (as defined in
    section 2108(3) of title 5, United States Code)."


-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.

-End-



-CITE-
    5 USC Sec. 2109                                             01/03/2007

-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.

-End-