5 U.S.C. § 102 — Military departments

Page 18 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 102 1 So in original. Probably should be followed by a period. title] may be cited as the ‘Federal Firefighters Retire- ment Age Fairness Act’.’’ PROHIBITION AGAINST CONSTRUCTION THAT WOULD RENDER APPLICABLE TO THE DEPARTMENT OF TRANS- PORTATION PROVISIONS OF LAW INCONSISTENT WITH PUB. L. 89–670 CREATING THE DEPARTMENT OF TRANSPORTATION Pub. L. 89–670, § 10(c), Oct. 15, 1966, 80 Stat. 948, which provided that the amendment made to this section by section 10(b) of Pub. L. 89–670 was not to be construed to make applicable to the Department any provision of law inconsistent with Pub. L. 89–670, was repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. § 102. Military departments The military departments are: The Department of the Army. The Department of the Navy. The Department of the Air Force. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.) HISTORICAL AND REVISION NOTES The section is supplied to avoid the necessity for de- fining ‘‘military departments’’ each time it is used in this title. See section 101(7) of title 10. § 103. Government corporation For the purpose of this title— (1) ‘‘Government corporation’’ means a cor- poration owned or controlled by the Govern- ment of the United States; and (2) ‘‘Government controlled corporation’’ does not include a corporation owned by the Government of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.) HISTORICAL AND REVISION NOTES The section is supplied to avoid the necessity for de- fining ‘‘Government corporation’’ and ‘‘Government controlled corporation’’ each time it is used in this title. § 104. Independent establishment For the purpose of this title, ‘‘independent es- tablishment’’ 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 de- partment, Government corporation, or part thereof, or part of an independent establish- ment; 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 de- fining ‘‘independent establishment’’ each time it is used in this title. Certain agencies are not independent establishments under the definition since they are constituent agen- cies or parts of an independent establishment. However, these agencies would continue to be subject to the pro- visions of this title applicable to the independent es- tablishment 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). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. 2004—Par. (2). Pub. L. 108–271 substituted ‘‘Govern- ment 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 Com- mission)’’ after ‘‘executive branch’’. Statutory Notes and Related Subsidiaries EFFECTIVE 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 pre- ceding section 101 of Title 39, Postal Service. § 105. Executive agency For the purpose of this title, ‘‘Executive agen- cy’’ means an Executive department, a Govern- ment corporation, and an independent establish- ment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.) HISTORICAL AND REVISION NOTES The section is supplied to avoid the necessity for de- fining ‘‘Executive agency’’ each time it is used in this title. CHAPTER 3—POWERS SUBCHAPTER I—GENERAL PROVISIONS Sec. 301. Departmental regulations. 302. Delegation of authority. 303. Oaths to witnesses. 304. Subpenas. 305. Systematic agency review of operations. 306. Agency strategic plans. SUBCHAPTER II—FEDERAL EVIDENCE-BUILDING ACTIVITIES 311. Definitions. 312. Agency evidence-building plan. 313. Evaluation Officers. 314. Statistical expertise. 315. Advisory Committee on Data for Evidence Building. SUBCHAPTER III—FEDERAL GOVERNMENT SERVICE DELIVERY 321. Definitions. 322. Federal Government service delivery. 323. Lead agency officials for Government service delivery. 324. Rule of construction 1 Editorial Notes AMENDMENTS 2025—Pub. L. 118–231, § 2(b), Jan. 4, 2025, 138 Stat. 2831, added heading for subchapter III and items 321 to 324. 2019—Pub. L. 115–435, title I, § 101(b), Jan. 14, 2019, 132 Stat. 5532, added headings for subchapters I and II and items 311 to 315.