
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-67 Section 641(c)]
[CITE: 5USC4501]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                      CHAPTER 45--INCENTIVE AWARDS
 
            SUBCHAPTER I--AWARDS FOR SUPERIOR ACCOMPLISHMENTS
 
Sec. 4501. Definitions

    For the purpose of this subchapter--
        (1) ``agency'' means--
            (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 Printing Office;
            (F) the government of the District of Columbia; and
            (G) the United States Sentencing Commission;

    but does not include--
            (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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 442; Pub. L. 95-454, title V, 
Sec. 503(a), Oct. 13, 1978, 92 Stat. 1183; Pub. L. 97-35, title XVII, 
Sec. 1703(b)(2), Aug. 13, 1981, 95 Stat. 756; Pub. L. 98-615, title II, 
Sec. 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 100-690, title VII, 
Sec. 7106(a), Nov. 18, 1988, 102 Stat. 4418; Pub. L. 101-474, Sec. 5(f), 
Oct. 30, 1990, 104 Stat. 1100; Pub. L. 103-89, Sec. 3(b)(1)(C), Sept. 
30, 1993, 107 Stat. 981.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2122.                Sept. 1, 1954, ch.
                                                    1208, Sec.  303, 68
                                                    Stat. 1113.
                                                   Aug. 18, 1959, Pub.
                                                    L. 86-168, Sec.
                                                    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.


                               Amendments

    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.


                    Effective Date of 1993 Amendment

    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.


                    Effective Date of 1984 Amendment

    Section 205 of Pub. L. 98-615 provided that amendment by Pub. L. 98-
615 was effective Oct. 1, 1984, and applicable with respect to pay 
periods commencing on or after that date, with certain exceptions and 
qualifications.


                    Effective Date of 1981 Amendment

    Section 1703(c) of Pub. L. 97-35 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 October 1, 1981.''


                    Effective Date of 1978 Amendment

    Section 504(a) of Pub. L. 95-454 provided that amendment by Pub. L. 
95-454 was effective on first day of first applicable pay period which 
began on or after Oct. 1, 1981, 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.

  Ex. Ord. No. 12976. Compensation Practices of Government Corporations

    Ex. Ord. No. 12976, Oct. 5, 1995, 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.

                  Section Referred to in Other Sections

    This section is referred to in section 3362 of this title.
