
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(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.
------------------------------------------------------------------------

    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.
