U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart A— General Provisions › Chapter CHAPTER 21— DEFINITIONS

5 U.S.C. § 2101

Civil service; armed forces; uniformed services

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For the purpose of this title—(1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services;(2) “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; and(3) “uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 90–83, § 1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 96–54, § 2(a)(4), Aug. 14, 1979, 93 Stat. 381; Pub. L. 116–283, div. A, title IX, § 927(a), Jan. 1, 2021, 134 Stat. 3831.)Historical and Revision Notes1966 Act

The section is supplied to establish basis of reference to employees in this title.

1967 Act

This section amends various sections [§§ 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.

Editorial NotesAmendments

2021—Par. (2). Pub. L. 116–283 inserted “Space Force,” after “Marine Corps”.

1979—Par. (3). Pub. L. 96–54 substituted “National Oceanic and Atmospheric” for “Environmental Science Services”.

Statutory Notes and Related SubsidiariesEffective 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, § 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, § 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, § 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’.”

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.

Coordination of Title VII of Pub. L. 101–508 With Section 909 of Title 2

Pub. L. 101–508, title VII, § 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.”

Notes of Decisions
Cited in 77 cases (16 in the last 5 years), 1975–2025 · leading case: Morris Davis v. James Billington, 681 F.3d 377 (D.C. Cir. 2012).
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Morris Davis v. James Billington, 681 F.3d 377 (D.C. Cir. 2012). · cites it 5× “5 U.S.C. § 2101 . The civil service is then divided into three categories: the Senior 12 Executive Service, the competitive service, and the excepted service.”
Babcock v. Kijakazi, 595 U.S. 77 (2022). · cites it 3× “See 5 U. S. C. §2101 . Looking to the broader statutory context, technicians possess characteristically civilian rights to seek redress for employment discrimination and to receive workers’ compensation, disability benefits, and compensatory time off for over- time work.”
Middlebrooks v. Leavitt, 525 F.3d 341 (4th Cir. 2008). · cites it 3× “§ 101 (a)(4); 5 U.S.C. § 2101 (2) (2000), the PHSCC is consistently included within the slightly broader designation of “uniformed services,” see, e.”
Gary Jackson v. Thomas Modly, 949 F.3d 763 (D.C. Cir. 2020). “” 5 U.S.C. § 2101 (2); 10 U.S.C. § 101 (a)(4).”
Peggy Maloney v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 26 (MSPB 2022). “” 5 U.S.C. § 2101 (1). Based on the record, it appears that the appellant meets the definition of an employee.”
Michael J. Salazar v. Margaret M. Heckler, Sec'y of Health & Human Servs., 787 F.2d 527 (10th Cir. 1986). · cites it 3× “” 5 U.S.C. § 2101 (3) (1982); 10 U.S.C. § 1072 (1) (1982); 37 U.”
Mazaleski v. Treusdell, 562 F.2d 701 (D.C. Cir. 1977). “§ 201(p), all PHS commissioned officers, whether regular or reserve, are appointed “without regard to the civil-service laws,” id.”
Arthur Perez v. Merit Sys. Prot. Bd., 85 F.3d 591 (Fed. Cir. 1996). · cites it 2× “See 5 U.S.C. § 2101 (1994); See Brooks v. Office Personnel Management, 59 M.”
Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010). “5 U. S. C. §§2101 , 2102(a)(1)(B), 2104. The civil service thus includes many officers indistinguishable from the members of both the Commission and the Accounting Board.”
Candace M. Hanson v. F. Nordy Hoffmann, Sergeant at Arms, His Agents, Predecessors & Successors, United States Senate, 628 F.2d 42 (D.C. Cir. 1980). “§§ 7501 & 2102 (1976) (extending protections to those within the civil service who are also in the competitive service), plaintiff appears to have been protected by § 7102.”
Am. Fed'n of Gov't Employees v. Martin R. Hoffman, Sec'y of the Army, 543 F.2d 930 (D.C. Cir. 1976). · cites it 2× “In particular, appellants cite 5 U.S.C. §§ 2101 , 2105(d) and a provision of the National Guard Technicians Act of 1968, 32 U.”
Schooling v. United States, 63 Fed. Cl. 204 (Fed. Cl. 2004). · cites it 2× “See 5 U.S.C. §§ 2101 (1), 4 7703(a)(1). 5 The fact that plaintiff waived his right to appeal the suspension to the MSPB when he entered into the settlement is immaterial for purposes of determining whether this court has jurisdiction over his claim.”
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