Subpart A-General Provisions

CHAPTER 21-DEFINITIONS

SEC.

2101. Civil service; armed forces; uniformed services. 2102. The competitive service.

2107.

2108.

Congressional employee.

Veteran; disabled veteran; preference eligible.

§ 2101. Civil service; armed forces; uniformed services 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 Environmental Science Services Administration.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408, amended Pub. L. 90–83, § 1(4), Sept. 11, 1967, 81 Stat. 196.)

§ 2102. The competitive service

(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; and

(B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs;

(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". (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408.)

§ 2103. The excepted service

(a) For the purpose of this title, the "excepted service" consists of those civil service positions which are not in the competitive service.

(b) As used in other Acts of Congress, "unclassified civil service" or "unclassified service" means the "excepted service". (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408.)

§ 2104. Officer

For the purpose of this title, "officer", except 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 408.)

§ 2105. Employee

(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) the adjutants general designated by the Secretary concerned under section 709 (c) of title 32, United States Code;

(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 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, 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 Civil Service Commission; or

(2) subchapter I of chapter 81 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409, amended Pub. L. 90-486, § 4, Aug. 13, 1968, 82 Stat. 757.)

§ 2106. Member of Congress

For the purpose of this title, "Member of Congress" means the Vice President, a member of the Senate or the House of Representatives, and the Resident Commissioner from Puerto Rico. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409.)

§ 2107. Congressional employee

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 Clerk of the House of Representatives;

(6) Repealed. Pub. L. 90-83, §1(5) (A), Sept. 11, 1967, 81 Stat. 196.

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

(8) an employee of the Botanic Garden.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 409, amended Pub. L. 90-83, § 1(5), Sept. 11, 1967, 81 Stat. 196.)

§ 2108. Veteran; disabled veteran; preference eligible 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; or

(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 after January 31, 1955, not including service under section 511 (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;

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 à public statute administered by the Veterans Administration or a military department; and

(3) "preference eligible" means

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

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

(C) a disabled veteran;

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(D) the unmarried widow of a veteran as defined by paragraph (1)(A) of this section;

(E) the wife 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 410, amended Pub. L. 90-83, 81(6), Sept. 11, 1967, 81 Stat. 196; Pub. L. 90-623, § 1(2), Oct. 22, 1968, 82 Stat. 1312.)

CHAPTER 29-COMMISSIONS, OATHS, RECORDS, AND

2952.

2953. 2954.

Time of making annual reports.

Reports to Congress on additional employee requirements.
Information to committees of Congress on request.

SUBCHAPTER I-COMMISSIONS, OATHS, AND RECORDS § 2901. Commission of an officer

The President may make out and deliver, after adjournment of the Senate, the commission of an officer whose appointment has been confirmed by the Senate. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 411.) § 2902. Commission; where recorded

(a) Except as provided by subsections (b) and (c) of this section, the Secretary of State shall make out and record, and affix the seal of the United States to, the commission of an officer appointed by the President. The seal of the United States may not be affixed to the commission before the commission has been signed by the President.

(b) The commission of an officer in the civil service or uniformed services under the control of the Postmaster General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of a military department, the Secretary of the Interior, or the Secretary of the Treasury shall be made out and recorded in the department in which he is to serve under the seal of that department. The departmental seal may not be affixed to the commission before the commission has been signed by the President.

(c) The commissions of judicial officers and United States attorneys and marshals, appointed by the President, by and with the advice and consent of the Senate, and other commissions which before August 8, 1888, were prepared at the Department of State on the requisition of the Attorney General, shall be made out and recorded in the Department of Justice under the seal of that department and countersigned by the Attorney General. The departmental seal may not be affixed to the commission before the commission has been signed by the President. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 411.)

§ 2903. Oath; authority to administer

(a) The oath of office required by section 3331 of this title may be administered by an individual authorized by the laws of the United States or local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered.