§ 104. — Independent establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC104]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 1--ORGANIZATION
Sec. 104. Independent establishment
For the purpose of this title, ``independent establishment'' means--
(1) an establishment in the executive branch (other than the
United States Postal Service or the Postal Rate Commission) which is
not an Executive department, military department, Government
corporation, or part thereof, or part of an independent
establishment; and
(2) the General Accounting Office.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 91-375,
Sec. 6(c)(2), Aug. 12, 1970, 84 Stat. 775.)
Historical and Revision Notes
The section is supplied to avoid the necessity for defining
``independent establishment'' each time it is used in this title.
Certain agencies are not independent establishments under the
definition since they are constituent agencies or parts of an
independent establishment. However, these agencies would continue to be
subject to the provisions of this title applicable to the independent
establishment of which they are a constituent or part. Also, the
definition does not expand or abridge any rights or authority possessed
by these agencies as no substantive changes are intended, see section
7(a) of the bill.
Amendments
1970--Par. (1). Pub. L. 91-375 inserted ``(other than the United
States Postal Service or the Postal Rate Commission)'' after ``executive
branch''.
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.
Section Referred to in Other Sections
This section is referred to in title 22 sections 6203, 6563; title
41 sections 403, 601.