Pub. L. 89–55480 Stat. 442Pub. L. 95–454, title V, § 503(a)92 Stat. 1183Pub. L. 97–35, title XVII, § 1703(b)(2)95 Stat. 756Pub. L. 98–615, title II, § 204(a)(1)98 Stat. 3216Pub. L. 100–690, title VII, § 7106(a)102 Stat. 4418Pub. L. 101–474, § 5(f)104 Stat. 1100Pub. L. 103–89, § 3(b)(1)(C)107 Stat. 981Pub. L. 113–235, div. H, title I, § 1301(b)128 Stat. 2537(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 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
Pub. L. 103–89section 2105 of this title1993—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”.
Pub. L. 101–4741990—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”.
Pub. L. 100–6901988—Par. (1)(H). added subpar. (H).
Pub. L. 98–6151984—Par. (2)(A). substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”.
Pub. L. 97–351981— substituted “subchapter” for “chapter” in provision preceding par. (1).
Pub. L. 95–454section 5402 of this title1978—Par. (2)(A). inserted reference to an employee covered by merit pay system established under .
Statutory Notes and Related Subsidiaries
Change of Name
section 1301(b) of Pub. L. 113–235section 301 of Title 44“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
Pub. L. 103–89section 3(c) of Pub. L. 103–89section 3372 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1984 Amendment
Section 205 of Pub. L. 98–615Pub. L. 98–615 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
Pub. L. 97–35, title XVII, § 1703(c)95 Stat. 756
Effective Date of 1978 Amendment
Pub. L. 95–454, title V, § 504(a)92 Stat. 1184Pub. L. 95–454, , , 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:
section 301 of title 3By 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:
SectionStatement of Presidential Principles. 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.
SecAdministration Reviewsection 4502 of title 5. 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.
SecInformation Reporting Requirements. 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.
SecReview. 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.
SecPublic Dissemination Requirement. 5. . Government corporations subject to this order shall make available through public dissemination the information submitted pursuant to section 3 of this order.
SecCoverage. 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.
SecAdministration. 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.
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.