# § 4501. Definitions
For the purpose of this subchapter—
**(1)** “agency” means—
but does not include—
**(A)** an Executive agency;
**(B)** the Library of Congress;
**(C)** the Office of the Architect of the Capitol;
**(D)** the Botanic Garden;
**(E)** the Government Publishing Office;
**(F)** the government of the District of Columbia; and
**(G)** the United States Sentencing Commission;
**(i)** the Tennessee Valley Authority; or
**(ii)** the Central Bank for Cooperatives;
**(2)** “employee” means—
**(A)** an employee as defined by section 2105; and
**(B)** an individual employed by the government of the District of Columbia; and
**(3)** “Government” means the Government of the United States and the government of the District of Columbia.
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**Source Credit**: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 442; Pub. L. 95–454, title V, § 503(a), Oct. 13, 1978, 92 Stat. 1183; Pub. L. 97–35, title XVII, § 1703(b)(2), Aug. 13, 1981, 95 Stat. 756; Pub. L. 98–615, title II, § 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 100–690, title VII, § 7106(a), Nov. 18, 1988, 102 Stat. 4418; Pub. L. 101–474, § 5(f), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 103–89, § 3(b)(1)(C), Sept. 30, 1993, 107 Stat. 981; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 2122. | Sept. 1, 1954, ch. 1208, § 303, 68 Stat. 1113.Aug. 18, 1959, Pub. L. 86–168, § 202(d), 73 Stat. 389. |
In paragraph (1), the term “Executive agency” is coextensive with and substituted for “executive department or independent agency in the executive branch of the Government including a Government-owned or controlled corporation” in view of the definition of “Executive agency” in section 105. Application to the General Accounting Office (included in the term “Executive agency”) is based on former section 933a.
Paragraph (2) is supplied because the definition of “employee” in section 2105 does not encompass individuals employed by the government of the District of Columbia.
Paragraph (3) is supplied for clarity and convenience.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
## Editorial Notes
### Amendments
1993—Par. (2)(A). amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “an employee as defined by , but does not include an employee covered by the performance management and recognition system established under chapter 54 of this title; and”.
1990—Par. (1). redesignated subpars. (C) to (H) as (B) to (G), respectively, and struck out former subpar. (B) which included Administrative Office of United States Courts within definition of “agency”.
1988—Par. (1)(H). added subpar. (H).
1984—Par. (2)(A). substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”.
1981— substituted “subchapter” for “chapter” in provision preceding par. (1).
1978—Par. (2)(A). inserted reference to an employee covered by merit pay system established under .
## Statutory Notes and Related Subsidiaries
### Change of Name
“Government Publishing Office” substituted for “Government Printing Office” in par. (1)(E) on authority of , set out as a note preceding , Public Printing and Documents.
### Effective Date of 1993 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1984 Amendment
provided that amendment by was effective , and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.
### Effective Date of 1981 Amendment
> “The amendments made by this section [enacting subchapter II of this chapter, designating this section and sections 4502 to 4507 of this title as subchapter I, and amending this section and sections 4502, 4505, and 4506 of this title] shall take effect on
>
> .”
, , , provided that:
### Effective Date of 1978 Amendment
, , , provided that amendment by was effective on first day of first applicable pay period which began on or after , except it could take effect with respect to any category or categories of positions before such day to extent prescribed by Director of Office of Personnel Management.
## Executive Documents
### Ex. Ord. No. 12976. Compensation Practices of Government Corporations
Ex. Ord. No. 12976, , 60 F.R. 52829, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including , United States Code, and sections 1105, 1108, and 1111 of title 31, United States Code, it is hereby ordered as follows:
1.
Government corporations subject to this order should not pay bonuses in excess of those authorized by sections 4501 through 4507 of title 5, United States Code, except as otherwise specifically provided by law.
. 2. . (a) Before taking action to approve any bonus in excess of those authorized in , United States Code, each corporation subject to this section (as provided in section 6 of this order) shall submit information to the Director of the Office of Management and Budget (OMB) relating to such bonuses as provided in subsection (b). Such corporation shall refrain from approving any such bonus until the Director of OMB has had an opportunity to review the information provided by the corporation.
(b) The Director of OMB shall issue instructions to the corporations subject to this section specifying when information is to be submitted, and the content and form of such information.
. 3. . (a) Government corporations subject to this order will provide information to the Director of OMB relating to the compensation practices for senior executives of such corporations as provided in subsection (c).
(b) Information submitted shall include the following with respect to senior executives of each corporation subject to this section:
(1) the compensation plan, procedures, and structure of such corporation;
(2) base salary levels, annual bonuses, and other compensation; and
(3) information supporting the senior executive compensation plan and levels.
(c) The Director of OMB shall issue instructions to the corporations subject to this section specifying when information is to be submitted, and the content and form of such information.
. 4. . (a) OMB, in consultation with the Department of Labor, will review the information submitted pursuant to section 3, taking into consideration:
(1) consistency with statutory requirements;
(2) consistency with corporate mission;
(3) standards of Federal management and efficiency; and
(4) equivalent private sector compensation practices.
. 5. . Government corporations subject to this order shall make available through public dissemination the information submitted pursuant to section 3 of this order.
. 6. . This order will apply to all mixed-ownership and wholly owned corporations listed in section 9101(2) and (3) of title 31, United States Code. Section 2 shall apply only to wholly owned corporations except such corporations that have specific authority to approve bonuses in excess of those authorized under sections 4501 through 4507 of title 5, United States Code.
. 7. . All corporations subject to this order shall provide any information in the manner and form, and at the time, requested pursuant to this order by the Director of OMB.
. 8. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any other person.