§ 902. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC902]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 9--EXECUTIVE REORGANIZATION
Sec. 902. Definitions
For the purpose of this chapter--
(1) ``agency'' means--
(A) an Executive agency or part thereof; and
(B) an office or officer in the executive branch;
but does not include the General Accounting Office or the
Comptroller General of the United States;
(2) ``reorganization'' means a transfer, consolidation,
coordination, authorization, or abolition, referred to in section
903 of this title; and
(3) ``officer'' is not limited by section 2104 of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 394; Pub. L. 90-83, Sec. 1(98),
Sept. 11, 1967, 81 Stat. 220; Pub. L. 95-17, Sec. 2, Apr. 6, 1977, 91
Stat. 30.)
Historical and Revision Notes
1966 Act
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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(1)................ 5 U.S.C. 133z-5. June 20, 1949, ch.
226, Sec. 7, 63
Stat. 205.
(2)................ 5 U.S.C. 133z-6. June 20, 1949, ch.
226, Sec. 8, 63
Stat. 206.
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In paragraph (1)(A), the words ``an Executive agency or part
thereof'' are coextensive with and substituted for ``any executive
department, commission, council, independent establishment, Government
corporation, board, bureau, division, service, . . . authority,
administration, or other establishment, in the executive branch of the
Government'' and to conform to the definition in section 105.
In paragraph (1)(B), the words ``an office or officer in the civil
service or uniformed services in or under an Executive agency'' are
substituted for ``office, officer, . . . in the executive branch of the
Government'' to conform to the definitions in sections 105, 2101, and
2104.
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
This section amends section 902 of title 5, United States Code, so
as to preserve the application of the source statute for section 902
(sec. 7 of the Reorganization Act of 1949). In the codification of title
5 by Public Law 89-554, that application was inadvertently restricted
due to the operation of section 2104 of title 5, providing a title-wide
definition of ``officer.'' Briefly, that section defines ``officer'' as
a civil appointive officer of the Federal Government. In the
Reorganization Act of 1949, the word ``officer'' was not defined, and
has been construed to include not only civil appointive officers, but
uniformed officers, the President, and officers of the government of the
District of Columbia. Thus, this section amends section 902 of title 5
by inserting a paragraph providing that the title-wide definition of
officer is inapplicable to chapter 9 of title 5. Also, paragraph (1)(B)
of section 902 is amended so that the wording thereof is identical to
that formerly appearing in section 7 of the Reorganization Act of 1949.
Codification
Section 902(a) of former Title 5, Executive Departments and
Government Officers and Employees, was transferred to section 60e-2(b)
of Title 2, The Congress.
Amendments
1977--Par. (1)(C). Pub. L. 95-17 struck out subpar. (C) which
defined ``agency'' as any and all parts of the government of the
District of Columbia other than the courts thereof.
Effective Date of 1967 Amendment
Amendment by Pub. L. 90-83 effective Sept. 6, 1966, for all
purposes, see section 9(h) of Pub. L. 90-83, set out as a note under
section 5102 of this title.
