5 U.S.C. § 5721

Definitions

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For the purpose of this subchapter—(1) “agency” means—(A) an Executive agency;(B) a military department;(C) a court of the United States;(D) the Administrative Office of the United States Courts;(E) the Library of Congress;(F) the Botanic Garden;(G) the Architect of the Capitol;(H) the Government Publishing Office; and(I) the government of the District of Columbia;but does not include a Government controlled corporation;(2) “employee” means an individual employed in or under an agency;(3) “continental United States” means the several States and the District of Columbia, but does not include Alaska or Hawaii;(4) “Government” means the Government of the United States and the government of the District of Columbia;(5) “appropriation” includes funds made available by statute under section 9104 of title 31;(6) “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the territories and possessions of the United States, and the areas and installations in the Republic of Panama that are made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979); and(7) “Foreign Service of the United States” means the Foreign Service as constituted under the Foreign Service Act of 1980.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 500; Pub. L. 97–258, § 3(a)(14), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 105–264, § 6(1), Oct. 19, 1998, 112 Stat. 2356; Pub. L. 110–161, div. H, title I, § 1303(a), Dec. 26, 2007, 121 Stat. 2242; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)Historical and Revision Notes

The section is based on sections 18 and 19 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811, 812. Sections 18 and 19 of the Act of Aug. 2, 1946, are omitted from this title and transferred to other titles of the United States Code since such sections apply also to sections 9, 11, and 16(a) of the Act of Aug. 2, 1946, which sections appear in titles 31 and 41 of the United States Code.

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 NotesReferences in Text

Section 3(a) of the Panama Canal Act of 1979, referred to in par. (6), is classified to section 3602(a) of Title 22, Foreign Relations and Intercourse.

The Foreign Service Act of 1980, referred to in par. (7), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables.

Amendments

2007—Par. (1)(G) to (I). Pub. L. 110–161 added subpar. (G) and redesignated former subpars. (G) and (H) as (H) and (I), respectively.

1998—Pars. (6), (7). Pub. L. 105–264 added pars. (6) and (7).

1982—Par. (5). Pub. L. 97–258 substituted “section 9104” for “section 849”.

Statutory Notes and Related SubsidiariesChange of Name

“Government Publishing Office” substituted for “Government Printing Office” in par. (1)(H) 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.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1970–2021 · leading case: Novell, Inc. v. United States, 46 Fed. Cl. 601 (Fed. Cl. 2000).

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Novell, Inc. v. United States, 46 Fed. Cl. 601 (Fed. Cl. 2000). “” 5 U.S.C. § 5721 (1) (1994), a federal compensation statute, for example, distinguishes a court of the United States from the AOUSC: [Ajgency means- (A) an Executive agency; *608 (B) a military department; (C) a court of the United States; (D) the Administrative Office of the…”

United States v. Friedman, 532 F.2d 928 (3rd Cir. 1976). “5 U.S.C. § 5721 states in relevant part that: For the purpose of this subchapter— (1) “agency” means— (A) an Executive agency .”

Breitbeck v. United States, 205 Ct. Cl. 208 (Ct. Cl. 1974). “5 U.S.C. § 5721 et seq. And as we have already noted, they receive their retirement annuities and disability compensation from federal funds administered by the United States.”

Robert T. Finn v. The United States, 428 F.2d 828 (Ct. Cl. 1970). “5 U.S.C. § 5721 provides in pertinent part: For the purpose of this subchapter— (4) “Government” means the Government of the United States and the government of the District of Columbia; * * * 5 U.”

Earl v. The Boeing Co. (E.D. Tex. 2021). “§ 3109 , an “agency” is one of nine types of entities delineated in 5 U.S.C. § 5721 (1)(A)–(I). 5 U.S.C. § 3109 (a)(1).”

The Dep't of Just. Inspector Gen.'s Access to Info. Protected by the Fed. Wiretap Act, Rule 6(e) of the Fed. Rules of Crim. Procedure, & Section 626 of the Fair Credit Reporting Act (OLC 2015). “§ 527 (distinguishing between “the Department of Justice” and “other Federal agencies”) and 5 U.S.C. § 5721 (1)(A) (“[f]or the purpose of this subchapter .”

Status of the Comm'n on R.R. Ret. Reform for Purposes of the Applicability of Ethics Laws (OLC 1989). “See also 5 U S.C § 5721(1) (defining “agency” for purposes of, inter alia, 5 U.”

— 5 U.S.C. § 5721(1) — 1 case

Status of the Comm'n on R.R. Ret. Reform for Purposes of the Applicability of Ethics Laws (OLC 1989). “See also 5 U S.C § 5721(1) (defining “agency” for purposes of, inter alia, 5 U.”

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