U.S. Code » Title 5 » Part PART I— THE AGENCIES GENERALLY › Chapter CHAPTER 1— ORGANIZATION

5 U.S.C. § 104

Independent establishment

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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.(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 NotesAmendments

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 SubsidiariesEffective 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.

Notes of Decisions
Cited in 73 cases (10 in the last 5 years), 1974–2026 · leading case: Peggy Maloney v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 26 (MSPB 2022).
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Peggy Maloney v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 26 (MSPB 2022). · cites it 10× “The central issue in this appeal is whether OA is an independent establishment within the meaning of 5 U.S.C. § 104 (1). ¶6 An “employee . . .”
Jephunneh Lawrence v. Elmer B. Staats, 640 F.2d 427 (D.C. Cir. 1981). · cites it 5× “The term “independent establishment” is previously defined in 5 U.S.C. § 104 of the same statute to include: .”
Pellegrino v. U.S. Transp. SEC. Admin., 896 F.3d 207 (3d Cir. 2018). · cites it 2× “2017) (“5 U.S.C. § 104 provides that the Postal Service is not an ‘independent establishment’—and therefore not an ‘Executive agency’— for the purpose of Title 5.”
A & S Council Oil Co., Inc. v. Philip Lader, in His Off. Capacity as Adm'r of the United States Small Bus. Admin., 56 F.3d 234 (D.C. Cir. 1995). · cites it 2× “§ 602 (a), which § 601(2) defines as encompassing not only “executive department[s]” but also (1) “independent establishments]” as defined in 5 U.S.C. § 104 , namely “an establishment in the executive branch [with certain irrelevant exceptions] which is not an Executive…”
Banks v. Merit Sys. Prot. Bd., 854 F.3d 1360 (Fed. Cir. 2017). · cites it 2× “an establishment in the executive branch (other than the United States Postal Service .”
Ellsworth Bottling Co. v. United States, 408 F. Supp. 280 (W.D. Okla. 1975). · cites it 4× “The term “independent establishment” is not defined in the Federal Property and Administrative Services Act of 1949, however, the term is defined by 5 U.S.C. § 104 as: “ . . .an establishment in the executive branch (other than the United States Postal Service or the Postal Rate…”
Milner v. Bolger, 546 F. Supp. 375 (E.D. Cal. 1982). · cites it 3× “§ 201 , 5 U.S.C. § 104 . The Veterans’ Administration, unlike the Postal Service, is an “executive agency,” 5 U.”
Minnie M. Honeycutt v. John E. Long, Major Gen. Commander, Army & Air Force Exch. Serv., 861 F.2d 1346 (5th Cir. 1988). “5 U.S.C. § 104 . The AAFES is a part of the Department of Defense.”
Champaign-Urbana News Agency, Inc. v. J. L. Cummins News Co., 479 F. Supp. 281 (C.D. Ill. 1979). · cites it 3× “Thus, it is clear that the AAFES is a part of the Department of Army and Air Force and, hence part of the Department of Defense.”
Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corp. v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991). “” 5 U.S.C. § 104 . It is only because the Postal Service is “an establishment of the executive branch” as that term is generally understood that the drafters of section 104 found it necessary to make an exception for the Postal Service for certain definitional purposes under…”
U.S. Sec. & Exch. Comm'n v. Syron, 934 F. Supp. 2d 609 (S.D.N.Y. 2013). “See 5 U.S.C. § 104 (defining an “independent establishment” as, among other things, “an establishment in the executive branch .”
Mark Kroll v. United States of Am. & United States Postal Serv., 58 F.3d 1087 (6th Cir. 1995). “5 U.S.C. § 104 (1988). This in turn exempts both organizations from the definition of "Executive agency” for purposes of Title 5, see 5 U.”
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