Why doesn't anyone remember what an agency is?

Basically every law before FISMA rationally makes a distinction between National Labs and Feds. FISMA does too, it's just that everyone behaves as if it's not true.
Repeat after me: An M&O Contractor is not a "Contractor".


(1) the term "agency" means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include--

(A) the General Accounting Office;

(B) Federal Election Commission;

(C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or

(D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities;