Title 5 — Government Organization and Employees
Part III · Chapter 45 — Incentive Awards
§ 4501. Definitions
Statutory text
For the purpose of this subchapter—
“agency” means—
an Executive agency;
the Library of Congress;
the Office of the Architect of the Capitol;
the Botanic Garden;
the Government Publishing Office;
the government of the District of Columbia; and
the United States Sentencing Commission;
but does not include—
the Tennessee Valley Authority; or
the Central Bank for Cooperatives;
“employee” means—
an employee as defined by section 2105; and
an individual employed by the government of the District of Columbia; and
“Government” means the Government of the United States and the government of the District of Columbia.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 4501
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 442
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 442Pub. L. 95–454 title V § 503(a) · 92 Stat. 1111
Inserted · 5 U.S.C. § 4501(2)(A)
Pub. L. 95–454 inserted reference to an employee covered by merit pay system established under section 5402 of this title
Source evidence
Code amendment note
Par. (2)(A). Pub. L. 95–454 inserted reference to an employee covered by merit pay system established under section 5402 of this title.Enacted provision · exact public law section
(a) Section 4501(2) (A) of title 5, United States Code, is amended by striking out “; and” and inserting in lieu thereof “, but does not include an employee covered by the merit pay system established under section 5402 of this title; and”.Pub. L. 97–35 title XVII § 1703(b)(2) · 95 Stat. 357
Substituted · 5 U.S.C. § 4501
Pub. L. 97–35 substituted “subchapter” for “chapter” in provision preceding par. (1)
Source evidence
Code amendment note
Pub. L. 97–35 substituted “subchapter” for “chapter” in provision preceding par. (1).Enacted provision · exact public law section
(2) Chapter 45 of title 5, United States Code, is amended in sections 4501, 4502, 4505, and 4506, by striking out “chapter” each place it appears and inserting in lieu thereof “subchapter”.Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 title II § 204(a)(1) · 98 Stat. 3195
Substituted · 5 U.S.C. § 4501(2)(A)
Pub. L. 98–615 substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”
Source evidence
Code amendment note
Par. (2)(A). Pub. L. 98–615 substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”.Enacted provision · exact public law section
(1) in sections 4501(2)(A), 5332(a), 5334(c)(2), 5334(f), 5335(e), 5336(c), and 5362(c)(3), by striking out “the merit pay system established under section 5402” each place it appears and inserting in lieu thereof “the performance management and recognition system established under chapter 54”;National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act
Pub. L. 100–690 title VII § 7106(a) · 102 Stat. 4181
Added · 5 U.S.C. § 4501(1)(H)
Pub. L. 100–690 added subpar. (H)
Source evidence
Code amendment note
Par. (1)(H). Pub. L. 100–690 added subpar. (H).Enacted provision · exact public law section
(a) Defined as Agency.— Section 4501(1) of title 5, United States Code, is amended by— (1) striking “and” at the end of subparagraph (F); (2) adding “and” at the end of subparagraph (G); and (3) adding at the end thereof the following: “(H) the United States Sentencing Commission;”.Administrative Office of the United States Courts Personnel Act of 1990
Pub. L. 101–474 § 5(f) · 104 Stat. 1097
Redesignated · 5 U.S.C. § 4501(1)
Pub. L. 101–474 redesignated subpars. (C) to (H) as (B) to (G), respectively
Struck · 5 U.S.C. § 4501(1)
Pub. L. 101–474 struck out former subpar. (B) which included Administrative Office of United States Courts within definition of “agency”
Source evidence
Code amendment note
Par. (1). Pub. L. 101–474 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”.Enacted provision · exact public law section
(f) Section 4501(1) of title 5, United States Code, is amended by striking subparagraph (B) and redesignating subparagraphs (C) through (H) as subparagraphs (B) through (G), respectively.Pub. L. 103–89 § 3(b)(1)(C) · 107 Stat. 981
Amended · 5 U.S.C. § 4501(2)(A)
Pub. L. 103–89 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “an employee as defined by section 2105 of this title, but does not include an employee covered by the performance management and recognition system established under chapter 54 of this title; and”
Source evidence
Code amendment note
Par. (2)(A). Pub. L. 103–89 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “an employee as defined by section 2105 of this title, but does not include an employee covered by the performance management and recognition system established under chapter 54 of this title; and”.Enacted provision · exact public law section
(C) by amending subparagraph (A) of section 4501(2) to read as follows: “(A) an employee as defined by section 2105; and”;Effective date note
Amendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
7 of 8 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 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
Amendments1978–1993 · 6 rounds
1993
Par. (2)(A). Pub. L. 103–89 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “an employee as defined by section 2105 of this title, 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). Pub. L. 101–474 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). Pub. L. 100–690 added subpar. (H).
1984
Par. (2)(A). Pub. L. 98–615 substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”.
1981
Pub. L. 97–35 substituted “subchapter” for “chapter” in provision preceding par. (1).
1978
Par. (2)(A). Pub. L. 95–454 inserted reference to an employee covered by merit pay system established under section 5402 of this title.
Statutory Notes and Related Subsidiaries
Change of Name
“Government Publishing Office” substituted for “Government Printing Office” in par. (1)(E) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–89 effective , see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
Effective Date of 1984 Amendment
Section 205 of Pub. L. 98–615 provided that amendment by Pub. L. 98–615 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
Pub. L. 97–35, title XVII, § 1703(c), , 95 Stat. 756, provided that: “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 .”
Effective Date of 1978 Amendment
Pub. L. 95–454, title V, § 504(a), , 92 Stat. 1184, provided that amendment by Pub. L. 95–454 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 section 301 of title 3, United States Code, and sections 1105, 1108, and 1111 of title 31, United States Code, it is hereby ordered as follows:
Section 1. Statement of Presidential Principles.
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.
Sec. 2. Administration Review. (a) Before taking action to approve any bonus in excess of those authorized in section 4502 of title 5, 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.
Sec. 3. Information Reporting Requirements. (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.
Sec. 4. Review. (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.
Sec. 5. Public Dissemination Requirement. Government corporations subject to this order shall make available through public dissemination the information submitted pursuant to section 3 of this order.
Sec. 6. Coverage. 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.
Sec. 7. Administration. 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.
Sec. 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.
William J. Clinton.
Credits
1966–2014 · 8 acts
- 1966Pub. L. 89–554, , 80 Stat. 442
- 1978Pub. L. 95–454, title V, § 503(a), , 92 Stat. 1183
- 1981Pub. L. 97–35, title XVII, § 1703(b)(2), , 95 Stat. 756
- 1984Pub. L. 98–615, title II, § 204(a)(1), , 98 Stat. 3216
- 1988Pub. L. 100–690, title VII, § 7106(a), , 102 Stat. 4418
- 1990Pub. L. 101–474, § 5(f), , 104 Stat. 1100
- 1993Pub. L. 103–89, § 3(b)(1)(C), , 107 Stat. 981
- 2014Pub. L. 113–235, div. H, title I, § 1301(b), , 128 Stat. 2537.
Show as published
(Pub. L. 89–554, , 80 Stat. 442; Pub. L. 95–454, title V, § 503(a), , 92 Stat. 1183; Pub. L. 97–35, title XVII, § 1703(b)(2), , 95 Stat. 756; Pub. L. 98–615, title II, § 204(a)(1), , 98 Stat. 3216; Pub. L. 100–690, title VII, § 7106(a), , 102 Stat. 4418; Pub. L. 101–474, § 5(f), , 104 Stat. 1100; Pub. L. 103–89, § 3(b)(1)(C), , 107 Stat. 981; Pub. L. 113–235, div. H, title I, § 1301(b), , 128 Stat. 2537.)