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5 U.S.C. § 4305 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4305. Regulations
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 441; Pub. L. 95–454, title II, § 203(a), Oct. 13, 1978, 92 Stat. 1134.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 2006.
Sept. 30, 1950, ch. 1123, § 7, 64 Stat. 1099.
In subsection (c), the words “as a matter of right” are omitted as unnecessary.
In subsection (d), the words “are entitled” are substituted for “shall be afforded an opportunity”. The word “considers” is substituted for “deems to be”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1978—Pub. L. 95–454 substituted “Regulations” for “Review of ratings” in section catchline and in text substituted provisions relating to regulations to carry out this subchapter, for provisions relating to review of ratings.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
5 U.S.C. § 4306 to 4308 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§§ 4306 to 4308. Omitted]
heading: Codification
text: Sections 4306 to 4308, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 441, 442, were omitted in the general revision of this chapter by the Civil Service Reform Act of 1978, Pub. L. 95–454, § 203(a), Oct. 13, 1978, 92 Stat. 1131.
Section 4306 related to inspection of performance-rating plans.
Section 4307 related to prohibition of other rating procedures.
Section 4308 related to regulations for administration of the chapter, and is covered by revised section 4305.
5 U.S.C. § 4311 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4311. Definitions
For the purpose of this subchapter, “agency”, “senior executive”, and “career appointee” have the meanings set forth in section 3132(a) of this title.
(Added Pub. L. 95–454, title IV, § 405(a), Oct. 13, 1978, 92 Stat. 1167.)
heading: Effective Date
text: Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title.
5 U.S.C. § 4313 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4313. Criteria for performance appraisals
Appraisals of performance in the Senior Executive Service shall be based on both individual and organizational performance, taking into account such factors as—
(1) improvements in efficiency, productivity, and quality of work or service, including any significant reduction in paperwork;
(2) cost efficiency;
(3) timeliness of performance;
(4) other indications of the effectiveness, productivity, and performance quality of the employees for whom the senior executive is responsible; and
(5) meeting affirmative action goals, achievement of equal employment opportunity requirements, and compliance with the merit systems principles set forth under section 2301 of this title.
(Added Pub. L. 95–454, title IV, § 405(a), Oct. 13, 1978, 92 Stat. 1168; amended Pub. L. 103–424, § 6, Oct. 29, 1994, 108 Stat. 4364.)
heading: Amendments
text: 1994—Par. (5). Pub. L. 103–424 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “meeting affirmative action goals and achievement of equal employment opportunity requirements.”
5 U.S.C. § 4503 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4503. Agency awards
The head of an agency may pay a cash award to, and incur necessary expense for the honorary recognition of, an employee who—
(1) by his suggestion, invention, superior accomplishment, or other personal effort contributes to the efficiency, economy, or other improvement of Government operations or achieves a significant reduction in paperwork; or
(2) performs a special act or service in the public interest in connection with or related to his official employment.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95–454, title V, § 502(a), Oct. 13, 1978, 92 Stat. 1183.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 2123(a).
Sept. 1, 1954, ch. 1208, § 304(a), 68 Stat. 1113.
The word “employee” is substituted for “civilian officers and employees of the Government” in view of the definition of “employee” in section 4501.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1978—Par. (1). Pub. L. 95–454 inserted “or achieves a significant reduction in paperwork”.
heading: Effective Date of 1978 Amendment
text: Pub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 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 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.
5 U.S.C. § 4505 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4505. Awards to former employees
An agency may pay or grant an award under this subchapter notwithstanding the death or separation from the service of the employee concerned, if the suggestion, invention, superior accomplishment, other personal effort, or special act or service in the public interest for which the award is proposed was made or performed while the employee was in the employ of the Government.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 97–35, title XVII, § 1703(b)(2), Aug. 13, 1981, 95 Stat. 756.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 2123(c).
Sept. 1, 1954, ch. 1208 § 304(c), 68 Stat. 1113.
The words “or grant” are added for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1981—Pub. L. 97–35 substituted “subchapter” for “chapter”.
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 1703(c) of Pub. L. 97–35, set as a note under section 4501 of this title.
5 U.S.C. § 4506 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4506. Regulations
The Office of Personnel Management shall prescribe regulations and instructions under which the awards programs set forth by this subchapter shall be carried out.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95–454, title V, § 503(d), Oct. 13, 1978, 92 Stat. 1184; Pub. L. 97–35, title XVII, § 1703(b)(2), Aug. 13, 1981, 95 Stat. 756; Pub. L. 107–67, title VI, § 641(b), Nov. 12, 2001, 115 Stat. 555.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 2121 (1st 29 words).
Sept. 1, 1954, ch. 1208, § 302 (1st 29 words), 68 Stat. 1112.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 2001—Pub. L. 107–67 substituted “the awards programs” for “the agency awards program”.
1981—Pub. L. 97–35 substituted “subchapter” for “chapter”.
1978—Pub. L. 95–454 substituted “Office of Personnel Management shall” for “Civil Service Commission may”.
heading: Effective Date of 2001 Amendment
text: Pub. L. 107–67, title VI, § 641(d), Nov. 12, 2001, 115 Stat. 555, provided that: “The amendments made by this section [enacting section 4507a of this title and amending this section] shall take effect for awards granted in 2003.”
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 1703(c) of Pub. L. 97–35, set out as a note under section 4501 of this title.
heading: Effective Date of 1978 Amendment
text: Pub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 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 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.
5 U.S.C. § 4507 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4507. Awarding of ranks in the Senior Executive Service
(a) For the purpose of this section, “agency”, “senior executive”, and “career appointee” have the meanings set forth in section 3132(a) of this title.
(b) Each agency shall submit annually to the Office recommendations of career appointees in the agency to be awarded the rank of Meritorious Executive or Distinguished Executive. The recommendations may take into account the individual’s performance over a period of years. The Office shall review such recommendations and provide to the President recommendations as to which of the agency recommended appointees should receive such rank.
(c) During any fiscal year, the President may, subject to subsection (d) of this section, award to any career appointee recommended by the Office the rank of—
(1) Meritorious Executive, for sustained accomplishment, or
(2) Distinguished Executive, for sustained extraordinary accomplishment.
A career appointee awarded a rank under paragraph (1) or (2) of this subsection shall not be entitled to be awarded that rank during the following 4 fiscal years.
(d) During any fiscal year—
(1) the number of career appointees awarded the rank of Meritorious Executive may not exceed 5 percent of the Senior Executive Service; and
(2) the number of career appointees awarded the rank of Distinguished Executive may not exceed 1 percent of the Senior Executive Service.
(e)
(1) Receipt by a career appointee of the rank of Meritorious Executive entitles such individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under section 5382 of this title or any award paid under section 5384 of this title.
(2) Receipt by a career appointee of the rank of Distinguished Executive entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under section 5382 of this title or any award paid under section 5384 of this title.
(Added Pub. L. 95–454, title IV, § 406(a), Oct. 13, 1978, 92 Stat. 1170; amended Pub. L. 105–277, div. A, § 101(h) [title VI, § 631(a), (b)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–523.)
heading: Amendments
text: 1998—Subsec. (e)(1). Pub. L. 105–277, § 101(h) [title VI, § 631(a)], substituted “an amount equal to 20 percent of annual basic pay” for “$10,000”.
Subsec. (e)(2). Pub. L. 105–277, § 101(h) [title VI, § 631(b)], substituted “an amount equal to 35 percent of annual basic pay” for “$20,000”.
heading: Effective Date of 1998 Amendment
text: Pub. L. 105–277, div. A, § 101(h) [title VI, § 631(c)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–523, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 1998, or the date of enactment of this Act [Oct. 21, 1998], whichever is later.”
heading: Effective Date
text: Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title.
5 U.S.C. § 4507a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4507a. Awarding of ranks to other senior career employees
(a) For the purpose of this section, the term “senior career employee” means an individual appointed to a position classified above GS–15 and paid under section 5376 who is not serving—
(1) under a time-limited appointment; or
(2) in a position that is excepted from the competitive service because of its confidential or policy-making character.
(b) Each agency employing senior career employees shall submit annually to the Office of Personnel Management recommendations of senior career employees in the agency to be awarded the rank of Meritorious Senior Professional or Distinguished Senior Professional, which may be awarded by the President for sustained accomplishment or sustained extraordinary accomplishment, respectively.
(c) The recommendations shall be made, reviewed, and awarded under the same terms and conditions (to the extent determined by the Office of Personnel Management) that apply to rank awards for members of the Senior Executive Service under section 4507.
(Added Pub. L. 107–67, title VI, § 641(a), Nov. 12, 2001, 115 Stat. 554.)
heading: References in Text
text: GS–15, referred to in subsec. (a), is contained in the General Schedule, which is set out under section 5332 of this title.
heading: Effective Date
text: Section effective for awards granted in 2003, see section 641(d) of Pub. L. 107–67, set out as an Effective Date of 2001 Amendment note under section 4506 of this title.
5 U.S.C. § 4508 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4508. Limitation of awards during a Presidential election year
(a) For purposes of this section, the term—
(1) “Presidential election period” means any period beginning on June 1 in a calendar year in which the popular election of the President occurs, and ending on January 20 following the date of such election; and
(2) “senior politically appointed officer” means any officer who during a Presidential election period serves—
(A) in a Senior Executive Service position and is not a career appointee as defined under section 3132(a)(4); or
(B) in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(b) No senior politically appointed officer may receive an award under the provisions of this subchapter during a Presidential election period.
(Added Pub. L. 103–425, § 2(a), Oct. 31, 1994, 108 Stat. 4369.)
5 U.S.C. § 4509 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4509. Prohibition of cash award to Executive Schedule officers
No officer may receive a cash award under the provisions of this subchapter, if such officer—
(1) serves in—
(A) an Executive Schedule position under subchapter II of chapter 53; or
(B) a position for which the compensation is set in statute by reference to a section or level under subchapter II of chapter 53; and
(2) was appointed to such position by the President, by and with the advice and consent of the Senate.
(Added Pub. L. 103–425, § 2(a), Oct. 31, 1994, 108 Stat. 4370.)
5 U.S.C. § 4511 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4511. Definition and general provisions
(a) For purposes of this subchapter, the term “agency” means any Executive agency.
(b) A cash award under this subchapter is in addition to the regular pay of the recipient. Acceptance of a cash award under this subchapter constitutes an agreement that the use by the Government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the Government by the employee, his heirs, or assigns.
(Added Pub. L. 97–35, title XVII, § 1703(a), Aug. 13, 1981, 95 Stat. 755.)
heading: Effective Date
text: Subchapter effective Oct. 1, 1981, see section 1703(c) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 4501 of this title.
heading: Authority To Make Awards
text: Pub. L. 102–487, § 1(c), Oct. 24, 1992, 106 Stat. 3134, provided that: “Awards may be made under subchapter II of chapter 45 of title 5, United States Code, on and after the date of the enactment of this Act [Oct. 24, 1992].”
5 U.S.C. § 4512 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4512. Agency awards for cost savings disclosures
(a) The Inspector General of an agency, or any other agency employee designated under subsection (b), may pay a cash award to any employee of such agency whose disclosure of fraud, waste, or mismanagement to the Inspector General of the agency, or to such other designated agency employee, has resulted in cost savings for the agency. The amount of an award under this section may not exceed the lesser of—
(1) $10,000; or
(2) an amount equal to 1 percent of the agency’s cost savings which the Inspector General, or other employee designated under subsection (b), determines to be the total savings attributable to the employee’s disclosure.
For purposes of paragraph (2), the Inspector General or other designated employee may take into account agency cost savings projected for subsequent fiscal years which will be attributable to such disclosure.
(b) In the case of an agency for which there is no Inspector General, the head of the agency shall designate an agency employee who shall have the authority to make the determinations and grant the awards permitted under this section.
(Added Pub. L. 97–35, title XVII, § 1703(a), Aug. 13, 1981, 95 Stat. 755; amended Pub. L. 99–145, title XII, § 1225(b)(2), Nov. 8, 1985, 99 Stat. 730.)
heading: Amendments
text: 1985—Subsec. (c). Pub. L. 99–145 struck out subsec. (c) which provided that the Inspector General, or other employee designated under subsection (b), shall submit to the Comptroller General documentation substantiating any award made under this section and that the Comptroller General shall, from time to time, review awards made under this section and procedures used in making such awards to verify the cost savings for which the awards were made.
5 U.S.C. § 4513 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4513. Presidential awards for cost savings disclosures
The President may pay a cash award in the amount of $20,000 to any employee whose disclosure of fraud, waste, or mismanagement has resulted in substantial cost savings for the Government. In evaluating the significance of a cost savings disclosure made by an employee for purposes of determining whether to make an award to such employee under this section, the President may take into account cost savings projected for subsequent fiscal years which will be attributable to the disclosure. During any fiscal year, the President may not make more than 50 awards under this section.
(Added Pub. L. 97–35, title XVII, § 1703(a), Aug. 13, 1981, 95 Stat. 755.)
5 U.S.C. § 4514 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§ 4514. Repealed. Pub. L. 102–487, § 1(a), Oct. 24, 1992, 106 Stat. 3134]
text: Section, added Pub. L. 97–35, title XVII, § 1703(a), Aug. 13, 1981, 95 Stat. 756; amended Pub. L. 99–145, title XII, § 1225(b)(1)(A), Nov. 8, 1985, 99 Stat. 730; Pub. L. 100–611, § 1(a), Nov. 5, 1988, 102 Stat. 3179, provided that no award could be made under this subchapter after Sept. 30, 1990.
5 U.S.C. § 4521 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4521. Definition
For the purpose of this subchapter, the term “law enforcement officer” means—
(1) a law enforcement officer within the meaning of section 5541(3) and to whom the provisions of chapter 51 apply;
(2) a member of the United States Secret Service Uniformed Division;
(3) a member of the United States Park Police;
(4) a special agent in the Diplomatic Security Service;
(5) a probation officer (referred to in section 3672 of title 18); and
(6) a pretrial services officer (referred to in section 3153 of title 18).
(Added Pub. L. 101–509, title V, § 529 [title IV, § 408(a)], Nov. 5, 1990, 104 Stat. 1427, 1467; amended Pub. L. 102–141, title VI, § 627, Oct. 28, 1991, 105 Stat. 874; Pub. L. 102–378, § 2(21), Oct. 2, 1992, 106 Stat. 1348.)
heading: Amendments
text: 1992—Pub. L. 102–378 amended section generally, substituting in par. (1) “section 5541(3)” for “section 8331(20) or section 8401(17)”.
1991—Pub. L. 102–141 amended section generally. Prior to amendment, section read as follows: “For the purpose of this subchapter, the term ‘law enforcement officer’ has the same meaning as under section 5949(a).”
heading: Effective Date
text: Pub. L. 101–509, title V, § 529 [title IV, § 408(d)], Nov. 5, 1990, 104 Stat. 1427, 1468, provided that: “The amendments made by this section [enacting this subchapter and amending provisions set out as a note under section 5541 of this title] shall be effective on January 1, 1992.”
heading: Transfer of Functions
text: For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
5 U.S.C. § 4522 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4522. General provision
An award under this subchapter is in addition to the basic pay of the recipient.
(Added Pub. L. 101–509, title V, § 529 [title IV, § 408(a)], Nov. 5, 1990, 104 Stat. 1427, 1467.)
5 U.S.C. § 4523 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4523. Award authority
(a) An agency may pay a cash award, up to 5 percent of basic pay, to any law enforcement officer employed in or under such agency who possesses and makes substantial use of 1 or more foreign languages in the performance of official duties.
(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved (or designee thereof). Regulations prescribed by an agency head (or designee) under this subsecton 1 shall include—
(1) procedures under which foreign language proficiency shall be ascertained;
(2) criteria for the selection of individuals for recognition under this section; and
(3) any other provisions which may be necessary to carry out the purposes of this subchapter.
(Added Pub. L. 101–509, title V, § 529 [title IV, § 408(a)], Nov. 5, 1990, 104 Stat. 1427, 1467.)
5 U.S.C. § 4702 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4702. Research programs
The Office of Personnel Management shall—
(1) establish and maintain (and assist in the establishment and maintenance of) research programs to study improved methods and technologies in Federal personnel management;
(2) evaluate the research programs established under paragraph (1) of this section;
(3) establish and maintain a program for the collection and public dissemination of information relating to personnel management research and for encouraging and facilitating the exchange of information among interested persons and entities; and
(4) carry out the preceding functions directly or through agreement or contract.
(Added Pub. L. 95–454, title VI, § 601(a), Oct. 13, 1978, 92 Stat. 1185.)
5 U.S.C. § 4704 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4704. Allocation of funds
Funds appropriated to the Office of Personnel Management for the purpose of this chapter may be allocated by the Office to any agency conducting demonstration projects or assisting the Office in conducting such projects. Funds so allocated shall remain available for such period as may be specified in appropriation Acts. No contract shall be entered into under this chapter unless the contract has been provided for in advance in appropriation Acts.
(Added Pub. L. 95–454, title VI, § 601(a), Oct. 13, 1978, 92 Stat. 1188.)
5 U.S.C. § 4705 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4705. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this chapter.
(Added Pub. L. 95–454, title VI, § 601(a), Oct. 13, 1978, 92 Stat. 1188, § 4706; renumbered § 4705, Pub. L. 105–362, title XIII, § 1302(b)(2)(B)(i), Nov. 10, 1998, 112 Stat. 3293.)
heading: Prior Provisions
text: A prior section 4705, added Pub. L. 95–454, title VI, § 601(a), Oct. 13, 1978, 92 Stat. 1188, required annual report on research programs and demonstration projects, prior to repeal by Pub. L. 105–362, title XIII, § 1302(b)(2)(B)(i), Nov. 10, 1998, 112 Stat. 3293.
5 U.S.C. § 4801 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 4801. Nonapplicability of chapter 47
Chapter 47 shall not apply to this chapter.
(Added Pub. L. 107–123, § 8(a), Jan. 16, 2002, 115 Stat. 2398.)
heading: Effective Date
text: Chapter effective Oct. 1, 2001, see section 11 of Pub. L. 107–123, set out as an Effective Date of 2002 Amendment note under section 78ee of Title 15, Commerce and Trade.