5 USC § 104 - Independent establishment

---
identifier: "/us/usc/t5/s104"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 104 - Independent establishment"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "104"
section_name: "Independent establishment"
chapter_number: 1
chapter_name: "ORGANIZATION"
part_number: "I"
part_name: "THE AGENCIES GENERALLY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 91–375, § 6(c)(2), Aug. 12, 1970, 84 Stat. 775; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat. 3241.)"
---


# § 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 Regulatory Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and

**(2)** the Government Accountability Office.

---

**Source Credit**: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 91–375, § 6(c)(2), Aug. 12, 1970, 84 Stat. 775; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat. 3241.)

### 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

### Amendments

2006—Par. (1).  substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

2004—Par. (2).  substituted “Government Accountability Office” for “General Accounting Office”.

1970—Par. (1).  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  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 , set out as an Effective Date note preceding , Postal Service.