Title 5 — Government Organization and Employees
Part I · Chapter 1 — Organization
§ 104. Independent establishment
Statutory text
For the purpose of this title, “independent establishment” means—
an establishment in the executive branch (other than the United States Postal Service or the Postal Regulatory Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and
the Government Accountability Office.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 104
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379Postal Reorganization Act
Pub. L. 91–375 § 6(c)(2) · 84 Stat. 719
Inserted · 5 U.S.C. § 104(1)
Pub. L. 91–375 inserted “(other than the United States Postal Service or the Postal Rate Commission)” after “executive branch”
Source evidence
Code amendment note
Par. (1). Pub. L. 91–375 inserted “(other than the United States Postal Service or the Postal Rate Commission)” after “executive branch”.Enacted provision · exact public law section
(2) Section 104(1) is amended by inserting after “executive branch” the following: “(other than the United States Postal Service or the Postal Rate Commission)”.Effective date note
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.GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 5 U.S.C. § 104(2)
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”
Source evidence
Code amendment note
Par. (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.Pub. L. 109–435 title VI § 604(b) · 120 Stat. 3198
Substituted · 5 U.S.C. § 104(1)
Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”
Source evidence
Code amendment note
Par. (1). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.Enacted provision · exact public law section
(b) Amendments to Title 5, United States Code.— Title 5, United States Code, is amended in sections 104(1), 306(f), 2104(b), 3371(3), 5314 (in the item relating to Chairman, Postal Rate Commission), 5315 (in the item relating to Members, Postal Rate Commission), 5514(a)(5)(B), 7342(a)(1)(A), 7511(a)(1)(B)(ii), 8402(c)(1), 8423(b)(1)(B), and 8474(c)(4) by striking “Postal Rate Commission” and inserting “Postal Regulatory Commission”.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
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.
Editorial Notes
Amendments1970–2006 · 3 rounds
2006
Par. (1). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
2004
Par. (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
1970
Par. (1). Pub. L. 91–375 inserted “(other than the United States Postal Service or the Postal Rate Commission)” after “executive branch”.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after , 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.
Credits
1966–2006 · 4 acts
- 1966Pub. L. 89–554, , 80 Stat. 379
- 1970Pub. L. 91–375, § 6(c)(2), , 84 Stat. 775
- 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814
- 2006Pub. L. 109–435, title VI, § 604(b), , 120 Stat. 3241.
Show as published
(Pub. L. 89–554, , 80 Stat. 379; Pub. L. 91–375, § 6(c)(2), , 84 Stat. 775; Pub. L. 108–271, § 8(b), , 118 Stat. 814; Pub. L. 109–435, title VI, § 604(b), , 120 Stat. 3241.)