US (United States) Code. Title 5. Chapter 45: Incentive awards

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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-CITE-

5 USC CHAPTER 45 - INCENTIVE AWARDS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

.

-HEAD-

CHAPTER 45 - INCENTIVE AWARDS

-MISC1-

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

Sec.

4501. Definitions.

4502. General provisions.

4503. Agency awards.

4504. Presidential awards.

4505. Awards to former employees.

4505a. Performance-based cash awards.

4506. Regulations.

4507. Awarding of Ranks (FOOTNOTE 1) in the Senior Executive

Service.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

4507a. Awarding of ranks to other senior career employees.

4508. Limitation of awards during a Presidential election year.

4509. Prohibition of cash award to Executive Schedule officers.

SUBCHAPTER II - AWARDS FOR COST SAVINGS DISCLOSURES

4511. Definition and general provisions.

4512. Agency awards for cost savings disclosures.

4513. Presidential awards for cost savings disclosures.

(4514. Repealed.)

SUBCHAPTER III - AWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN

LANGUAGE CAPABILITIES (FOOTNOTE 2)

(FOOTNOTE 2) So in original. Does not conform to subchapter

heading.

4521. Definition.

4522. General provision.

4523. Award authority.

AMENDMENTS

2001 - Pub. L. 107-67, title VI, Sec. 641(c), Nov. 12, 2001, 115

Stat. 555, added item 4507a.

1994 - Pub. L. 103-425, Sec. 2(b), Oct. 31, 1994, 108 Stat. 4370,

added items 4508 and 4509.

1992 - Pub. L. 102-487, Sec. 1(b), Oct. 24, 1992, 106 Stat. 3134,

struck out item 4514 ''Expiration of authority''.

1990 - Pub. L. 101-509, title V, Sec. 529 (title II, Sec. 207(b),

title IV, Sec. 408(b)), Nov. 5, 1990, 104 Stat. 1427, 1458, 1468,

added item 4505a and heading for subchapter III and items 4521 to

4523.

1988 - Pub. L. 100-611, Sec. 1(b), Nov. 5, 1988, 102 Stat. 3179,

struck out ''; reporting requirement'' after ''authority'' in item

4514.

1985 - Pub. L. 99-145, title XII, Sec. 1225(b)(1)(B), Nov. 8,

1985, 99 Stat. 730, inserted ''; reporting requirement'' in item

4514.

1981 - Pub. L. 97-35, title XVII, Sec. 1703(b)(3), Aug. 13, 1981,

95 Stat. 756, added heading for subchapter I and subchapter II and

items 4511 to 4514.

1978 - Pub. L. 95-454, title IV, Sec. 406(b), Oct. 13, 1978, 92

Stat. 1171, added item 4507.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3362, 9701 of this title;

title 10 section 1124; title 28 sections 995, 996.

-CITE-

5 USC SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

.

-HEAD-

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35, title XVII, Sec. 1703(b)(1), Aug. 13, 1981,

95 Stat. 756, added heading for subchapter I.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 9508 of this title.

-CITE-

5 USC Sec. 4501 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4501. Definitions

-STATUTE-

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.

-SOURCE-

(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.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

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.

-EXEC-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

5 USC Sec. 4502 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4502. General provisions

-STATUTE-

(a) Except as provided by subsection (b) of this section, a cash

award under this subchapter may not exceed $10,000.

(b) When the head of an agency certifies to the Office of

Personnel Management that the suggestion, invention, superior

accomplishment, or other meritorious effort for which the award is

proposed is highly exceptional and unusually outstanding, a cash

award in excess of $10,000 but not in excess of $25,000 may be

granted with the approval of the Office.

(c) 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.

(d) A cash award to, and expense for the honorary recognition of,

an employee may be paid from the fund or appropriation available to

the activity primarily benefiting or the various activities

benefiting. The head of the agency concerned determines the amount

to be paid by each activity for an agency award under section 4503

of this title. The President determines the amount to be paid by

each activity for a Presidential award under section 4504 of this

title.

(e) The Office of Personnel Management may by regulation permit

agencies to grant employees time off from duty, without loss of pay

or charge to leave, as an award in recognition of superior

accomplishment or other personal effort that contributes to the

quality, efficiency, or economy of Government operations.

(f) The Secretary of Defense may grant a cash award under

subsection (b) of this section without regard to the requirements

for certification and approval provided in that subsection.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 442; Pub. L. 95-454, title

V, Sec. 503(b), (c), Oct. 13, 1978, 92 Stat. 1183; Pub. L. 97-35,

title XVII, Sec. 1703(b)(2), Aug. 13, 1981, 95 Stat. 756; Pub. L.

101-509, title V, Sec. 529 (title II, Sec. 201), Nov. 5, 1990, 104

Stat. 1427, 1455; Pub. L. 103-89, Sec. 3(b)(1)(D), Sept. 30, 1993,

107 Stat. 981; Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec.

1132), Oct. 30, 2000, 114 Stat. 1654, 1654A-318.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2123(d), Sept. 1, 1954, ch.

(e), (g). 1208, Sec. 304(d),

(e), (g), 68 Stat.

1113.

-------------------------------

In subsections (a) and (b), the words ''cash award'' are

substituted for ''monetary award'' and ''such award'' to conform to

the remainder of the chapter.

In subsection (c), the word ''Government'' is substituted for

''Government of the United States or the government of the District

of Columbia'' in view of the definition of ''Government'' 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.

AMENDMENTS

2000 - Subsec. (f). Pub. L. 106-398 added subsec. (f).

1993 - Subsec. (e). Pub. L. 103-89 struck out par. (2)

designation and struck out par. (1) which read as follows:

''Notwithstanding section 4501(2), for the purpose of this

subsection, 'employee' includes an employee covered by the

performance management and recognition system established under

chapter 54.''

1990 - Subsec. (e). Pub. L. 101-509 added subsec. (e).

1981 - Subsecs. (a), (c). Pub. L. 97-35 substituted

''subchapter'' for ''chapter''.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 503(b), substituted

''$10,000'' for ''$5,000''.

Subsec. (b). Pub. L. 95-454, Sec. 503(c), substituted ''Office of

Personnel Management'' for ''Civil Service Commission'',

''$10,000'' for ''$5,000'', and ''Office'' for ''Commission''.

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 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 (title

III, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

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.

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.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under former section 2123(e) (now subsec.

(d)) of this section delegated to Director of Office of Personnel

Management, see section 2 of Ex. Ord. No. 11228, June 14, 1965, 30

F.R. 7739, set out as a note under section 301 of Title 3, The

President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9508 of this title; title

12 section 1441a.

-CITE-

5 USC Sec. 4503 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4503. Agency awards

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95-454, title

V, Sec. 502(a), Oct. 13, 1978, 92 Stat. 1183.)

-MISC1-

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, Sec. 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.

AMENDMENTS

1978 - Par. (1). Pub. L. 95-454 inserted ''or achieves a

significant reduction in paperwork''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4502, 4504 of this title;

title 12 section 1441a; title 50 section 403e-1.

-CITE-

5 USC Sec. 4504 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4504. Presidential awards

-STATUTE-

The President 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 an exceptionally meritorious special act or

service in the public interest in connection with or related to

his official employment.

A Presidential award may be in addition to an agency award under

section 4503 of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95-454, title

V, Sec. 502(b), Oct. 13, 1978, 92 Stat. 1183.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2123(b). Sept. 1, 1954, ch.

1208, Sec. 304(b),

68 Stat. 1113.

-------------------------------

The words ''In instances determined by the President to warrant

such action'' are omitted as surplusage. 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.

AMENDMENTS

1978 - Par. (1). Pub. L. 95-454 inserted ''or achieves a

significant reduction in paperwork''.

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.

-TRANS-

DELEGATION OF FUNCTIONS

Functions vested in Director of Office of Personnel Management

under this section insofar as it affects officers and employees in

or under executive branch of Government to be performed without

approval of President, see section 2 of Ex. Ord. No. 11228, June

14, 1965, 30 F.R. 7739, set out as a note under section 301 of

Title 3, The President.

-EXEC-

EX. ORD. NO. 9586. THE PRESIDENTIAL MEDAL OF FREEDOM

Ex. Ord. No. 9586, July 6, 1945, 10 F.R. 8523, as amended by Ex.

Ord. No. 10336, Apr. 3, 1952, 17 F.R. 2957; Ex. Ord. No. 11085,

Feb. 22, 1963, 28 F.R. 1759; Ex. Ord. No. 11515, Mar. 13, 1970, 35

F.R. 4543, provided:

By virtue of the authority vested in me as President of the

United States and as Commander in Chief of the armed forces of the

United States, it is ordered as follows:

Section 1. Medal established. The Medal of Freedom is hereby

reestablished as the Presidential Medal of Freedom, with

accompanying ribbons and appurtenances. The Presidential Medal of

Freedom, hereinafter referred to as the Medal, shall be in two

degrees.

Sec. 2. Award of the Medal. (a) The Medal may be awarded by the

President as provided in this order to any person who has made an

especially meritorious contribution to (1) the security or national

interests of the United States, or (2) world peace, or (3) cultural

or other significant public or private endeavors.

(b) The President may select for the award of the Medal any

person recommended to the President for award of the Medal or any

person selected by the President upon his own initiative.

(c) The principal announcement of awards of the Medal shall

normally be made annually, on or about July 4 of each year; but

such awards may be made at other times, as the President may deem

appropriate.

(d) Subject to the provision of this Order, the Medal may be

awarded posthumously.

Sec. 3. Distinguished Civilian Service Awards Board. (a) The

Distinguished Civilian Service Awards Board, established by

Executive Order No. 10717 of June 27, 1957, hereinafter referred to

as the Board, is hereby expanded, for the purpose of carrying out

the objectives of this Order, to include five additional members

appointed by the President from outside the Executive Branch of the

Government. The terms of service of the members of the Board

appointed under this paragraph shall be five years, except that the

first five members so appointed shall have terms of service

expiring on the 31st day of July 1964, 1965, 1966, 1967, and 1968,

respectively. Any person appointed to fill a vacancy occurring

prior to the expiration of the term for which his predecessor was

appointed shall serve for the remainder of such term.

(b) A chairman of the Board shall be designated by the President

from time to time from among the membership of the Board appointed

from the Executive Branch.

(c) For purposes of recommending to the President persons to

receive the President's Award for Distinguished Federal Civilian

Service, and to carry out the other purposes of Executive Order No.

10717, only the members of the Board from the Executive Branch will

sit. The names of persons so recommended will be submitted to the

President without reference to the other members of the Board.

Sec. 4. Functions of the Board. (a) Any individual or group may

make recommendations to the Board with respect to the award of the

Medal, and the Board shall consider such recommendations.

(b) With due regard for the provisions of Section 2 of this

Order, the Board shall screen such recommendations and, on the

basis of such recommendations or upon its own motion, shall from

time to time submit to the President nominations of individuals for

award of the Medal, in appropriate degrees.

Sec. 5. Expenses. Necessary administrative expenses of the Board

incurred in connection with the recommendation of persons to

receive the Presidential Medal of Freedom, including expenses of

travel of members of the Board appointed under Section 3(a) of this

Order, during the fiscal year 1963, may be paid from the

appropriation provided under the heading ''Special Projects'' in

the Executive Office Appropriation Act, 1963, 76 Stat. 315, and

during subsequent fiscal years, to the extent permitted by law,

from any corresponding or like appropriation made available for

such fiscal years. Such payments shall be without regard to the

provisions of section 3681 of the Revised Statutes and section 9 of

the Act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 672 and 673) (31

U.S.C. 1346(a) and (c)). Members of the Board appointed under

Section 3(a) of this Order shall serve without compensation.

Sec. 6. Design of the Medal. The Army Institute of Heraldry shall

prepare for the approval of the President a design of the Medal in

each of its degrees.

EX. ORD. NO. 10717. PRESIDENT'S AWARD FOR DISTINGUISHED FEDERAL

CIVILIAN SERVICE

Ex. Ord. No. 10717, June 27, 1957, 22 F.R. 4632, as amended by

Ex. Ord. No. 10979, Dec. 12, 1961, 26 F.R. 11937; Ex. Ord. No.

11085, Feb. 22, 1963, 28 F.R. 1759; Ex. Ord. No. 12014, Oct. 19,

1977, 42 F.R. 56105; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R.

1055, provided:

Section 1. There is hereby established an honorary award for the

recognition of distinguished service by civilian officers and

employees of the Federal Government. The award shall be known as

the President's Award for Distinguished Federal Civilian Service,

and shall consist of a gold medal, the design of which accompanies

and is hereby made a part of this order, suspended on a ribbon of

appropriate material and color, and accompanying appurtenances.

Each medal shall be suitably inscribed, and an appropriate citation

shall accompany each award.

Sec. 2. (a) The President's Award for Distinguished Federal

Civilian Service shall be presented by the President to civilian

officers or employees of the Federal Government for the best

achievements having current impact in improving Government

operations or serving the public interest. These achievements

shall exemplify one or more of the following:

(1) Imagination in developing creative solutions to problems of

government.

(2) Courage in persevering against great odds and difficulties.

(3) High ability in accomplishing extraordinary scientific or

technological achievement, in providing outstanding leadership in

planning, organizing, or directing a major program of unusual

importance and complexity, or in performing an extraordinary act of

credit to the Government and the country.

(4) Long and distinguished career service.

(b) The importance of the achievements to the Government and to

the public interest shall be so outstanding that the officer or

employee is deserving of greater public recognition than that which

can be accorded by the head of the department or agency in which he

is employed. Generally, not more than five awards shall be made in

any one year. Presentation of the award shall be made at such

times as the President may determine.

Sec. 3. The Director of the Office of Personnel Management shall

advise and assist the President in selecting persons to receive

this award. In performing this function, the Director shall

carefully review nominations submitted pursuant to the provisions

of Section 4 of this Order and decide which of them, if any,

warrant presentation to the President. The Director shall thereupon

transmit to the President the names of those persons who, in the

opinion of the Director, merit the award, together with a statement

of the reasons therefor. Recipients for the award shall be

selected by the President.

Sec. 4. The form and procedures for making nominations for this

award shall be prescribed by the Director of the Office of

Personnel Management, in accord with the following principles:

(a) The Director shall be guided in the performance of this

function by the provisions of Section 4504 and 4505 of Title 5 of

the United States Code, and by additional criteria which the

Director may prescribe.

(b) The Director shall not recommend any person for the award

without the concurrence of the head of the agency in which that

person was employed at the time of the achievement for which the

award is recommended.

(c) Persons appointed by the President are not eligible for this

award unless, in the opinion of the Office, they are currently

serving in a career position.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4502 of this title; title

15 section 3710c.

-CITE-

5 USC Sec. 4505 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4505. Awards to former employees

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 97-35, title

XVII, Sec. 1703(b)(2), Aug. 13, 1981, 95 Stat. 756.)

-MISC1-

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 Sec. 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.

AMENDMENTS

1981 - Pub. L. 97-35 substituted ''subchapter'' for ''chapter''.

EFFECTIVE DATE OF 1981 AMENDMENT

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.

-CITE-

5 USC Sec. 4505a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4505a. Performance-based cash awards

-STATUTE-

(a)(1) An employee whose most recent performance rating was at

the fully successful level or higher (or the equivalent thereof)

may be paid a cash award under this section.

(2)(A) A cash award under this section shall be equal to an

amount determined appropriate by the head of the agency, but may

not be more than 10 percent of the employee's annual rate of basic

pay. Notwithstanding the preceding sentence, the agency head may

authorize a cash award equal to an amount exceeding 10 percent of

the employee's annual rate of basic pay if the agency head

determines that exceptional performance by the employee justifies

such an award, but in no case may an award under this section

exceed 20 percent of the employee's annual rate of basic pay.

(B) For purposes of computing a percentage of a rate of basic pay

under subparagraph (A), the rate of basic pay used shall be

determined without taking into account any comparability payment

under section 5304.

(b)(1) A cash award under this section shall be paid as a lump

sum, and may not be considered to be part of the basic pay of an

employee.

(2) The failure to pay a cash award under this section, or the

amount of such an award, may not be appealed. The preceding

sentence shall not be construed to extinguish or lessen any right

or remedy under subchapter II of chapter 12, chapter 71, or any of

the laws referred to in section 2302(d).

(c) The Office of Personnel Management shall prescribe such

regulations as it considers necessary for the administration of

subsections (a) and (b).

(d) The preceding provisions of this section shall be applicable

with respect to any employee to whom subchapter III of chapter 53

applies, and to any category of employees provided for under

subsection (e).

(e) At the request of the head of an Executive agency, the

President may authorize the application of subsections (a) through

(c) with respect to any category of employees within such agency

who would not otherwise be covered by this section.

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title II, Sec. 207(a)),

Nov. 5, 1990, 104 Stat. 1427, 1457; amended Pub. L. 102-378, Sec.

2(19), Oct. 2, 1992, 106 Stat. 1347.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(2). Pub. L. 102-378, Sec. 2(19)(A), inserted

reference to chapter 71.

Subsec. (c). Pub. L. 102-378, Sec. 2(19)(B), inserted ''of

Personnel Management'' after ''Office''.

Subsecs. (d), (e). Pub. L. 102-378, Sec. 2(19)(C), added subsecs.

(d) and (e) and struck out former subsec. (d) which read as

follows: ''At the request of the head of an Executive agency, the

President may authorize the application of the preceding provisions

of this section with respect to 1 or more categories of employees

within such agency who would not otherwise be covered by this

section (including authority under subsection (c) to prescribe any

necessary regulations).''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 effective May 4, 1991, see section

9(b)(4) of Pub. L. 102-378, set out as a note under section 6303 of

this title.

EFFECTIVE DATE

Section effective on such date as the President shall determine,

but not earlier than 90 days, and not later than 180 days, after

Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L.

101-509, set out as an Effective Date of 1990 Amendment note under

section 5301 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsec. (e) of this section

delegated to Director of Office of Personnel Management by Ex. Ord.

No. 12828, Sec. 1(2), Jan. 5, 1993, 58 F.R. 2965, set out as a note

under section 3502 of this title.

Authority of President under subsec. (d) (now (e)) of this

section delegated to Office of Personnel Management by section 6(a)

of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4,

1991, set out as a note under section 5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 1441a.

-CITE-

5 USC Sec. 4506 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4506. Regulations

-STATUTE-

The Office of Personnel Management shall prescribe regulations

and instructions under which the awards programs set forth by this

subchapter shall be carried out.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95-454, title

V, Sec. 503(d), Oct. 13, 1978, 92 Stat. 1184; Pub. L. 97-35, title

XVII, Sec. 1703(b)(2), Aug. 13, 1981, 95 Stat. 756; Pub. L. 107-67,

title VI, Sec. 641(b), Nov. 12, 2001, 115 Stat. 555.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2121 (1st Sept. 1, 1954, ch.

29 words). 1208, Sec. 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.

AMENDMENTS

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''.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-67, title VI, Sec. 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.''

EFFECTIVE DATE OF 1981 AMENDMENT

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.

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.

-CITE-

5 USC Sec. 4507 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4507. Awarding of ranks in the Senior Executive Service

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 406(a), Oct. 13, 1978, 92

Stat. 1170; amended Pub. L. 105-277, div. A, Sec. 101(h) (title

VI, Sec. 631(a), (b)), Oct. 21, 1998, 112 Stat. 2681-480,

2681-523.)

-MISC1-

AMENDMENTS

1998 - Subsec. (e)(1). Pub. L. 105-277, Sec. 101(h) (title VI,

Sec. 631(a)), substituted ''an amount equal to 20 percent of annual

basic pay'' for ''$10,000''.

Subsec. (e)(2). Pub. L. 105-277, Sec. 101(h) (title VI, Sec.

631(b)), substituted ''an amount equal to 35 percent of annual

basic pay'' for ''$20,000''.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 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.''

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3151, 4507a, 5384 of this

title; title 10 section 1606; title 22 section 3965; title 31

section 733; title 38 sections 7404, 7425.

-CITE-

5 USC Sec. 4507a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4507a. Awarding of ranks to other senior career employees

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 107-67, title VI, Sec. 641(a), Nov. 12, 2001, 115

Stat. 554.)

-REFTEXT-

REFERENCES IN TEXT

GS-15, referred to in subsec. (a), is contained in the General

Schedule, which is set out under section 5332 of this title.

-MISC2-

EFFECTIVE DATE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1607.

-CITE-

5 USC Sec. 4508 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4508. Limitation of awards during a Presidential election year

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-425, Sec. 2(a), Oct. 31, 1994, 108 Stat. 4369.)

-CITE-

5 USC Sec. 4509 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER I - AWARDS FOR SUPERIOR ACCOMPLISHMENTS

-HEAD-

Sec. 4509. Prohibition of cash award to Executive Schedule officers

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 103-425, Sec. 2(a), Oct. 31, 1994, 108 Stat. 4370.)

-CITE-

5 USC SUBCHAPTER II - AWARDS FOR COST SAVINGS

DISCLOSURES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER II - AWARDS FOR COST SAVINGS DISCLOSURES

.

-HEAD-

SUBCHAPTER II - AWARDS FOR COST SAVINGS DISCLOSURES

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35, title XVII, Sec. 1703(a), Aug. 13, 1981, 95

Stat. 755, added subchapter II.

-CITE-

5 USC Sec. 4511 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER II - AWARDS FOR COST SAVINGS DISCLOSURES

-HEAD-

Sec. 4511. Definition and general provisions

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 97-35, title XVII, Sec. 1703(a), Aug. 13, 1981, 95

Stat. 755.)

-MISC1-

EFFECTIVE DATE

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.

AUTHORITY TO MAKE AWARDS

Pub. L. 102-487, Sec. 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).''

-CITE-

5 USC Sec. 4512 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER II - AWARDS FOR COST SAVINGS DISCLOSURES

-HEAD-

Sec. 4512. Agency awards for cost savings disclosures

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 97-35, title XVII, Sec. 1703(a), Aug. 13, 1981, 95

Stat. 755; amended Pub. L. 99-145, title XII, Sec. 1225(b)(2), Nov.

8, 1985, 99 Stat. 730.)

-MISC1-

AMENDMENTS

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.

-CITE-

5 USC Sec. 4513 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER II - AWARDS FOR COST SAVINGS DISCLOSURES

-HEAD-

Sec. 4513. Presidential awards for cost savings disclosures

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 97-35, title XVII, Sec. 1703(a), Aug. 13, 1981, 95

Stat. 755.)

-CITE-

5 USC Sec. 4514 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER II - AWARDS FOR COST SAVINGS DISCLOSURES

-HEAD-

(Sec. 4514. Repealed. Pub. L. 102-487, Sec. 1(a), Oct. 24, 1992,

106 Stat. 3134)

-MISC1-

Section, added Pub. L. 97-35, title XVII, Sec. 1703(a), Aug. 13,

1981, 95 Stat. 756; amended Pub. L. 99-145, title XII, Sec.

1225(b)(1)(A), Nov. 8, 1985, 99 Stat. 730; Pub. L. 100-611, Sec.

1(a), Nov. 5, 1988, 102 Stat. 3179, provided that no award could be

made under this subchapter after Sept. 30, 1990.

-CITE-

5 USC SUBCHAPTER III - AWARD TO LAW ENFORCEMENT OFFICERS

FOR FOREIGN LANGUAGE CAPABILITIES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER III - AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN

LANGUAGE CAPABILITIES

.

-HEAD-

SUBCHAPTER III - AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN

LANGUAGE CAPABILITIES

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-378, Sec. 2(20), Oct. 2, 1992, 106 Stat. 1348,

substituted ''OFFICERS'' for ''OFFICER''.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 19 section 267a.

-CITE-

5 USC Sec. 4521 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER III - AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN

LANGUAGE CAPABILITIES

-HEAD-

Sec. 4521. Definition

-STATUTE-

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).

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title IV, Sec. 408(a)),

Nov. 5, 1990, 104 Stat. 1427, 1467; amended Pub. L. 102-141, title

VI, Sec. 627, Oct. 28, 1991, 105 Stat. 874; Pub. L. 102-378, Sec.

2(21), Oct. 2, 1992, 106 Stat. 1348.)

-MISC1-

AMENDMENTS

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).''

EFFECTIVE DATE

Section 529 (title IV, Sec. 408(d)) of Pub. L. 101-509 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.''

-TRANS-

TRANSFER OF FUNCTIONS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 19 section 267a.

-CITE-

5 USC Sec. 4522 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER III - AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN

LANGUAGE CAPABILITIES

-HEAD-

Sec. 4522. General provision

-STATUTE-

An award under this subchapter is in addition to the basic pay of

the recipient.

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title IV, Sec. 408(a)),

Nov. 5, 1990, 104 Stat. 1427, 1467.)

-CITE-

5 USC Sec. 4523 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 45 - INCENTIVE AWARDS

SUBCHAPTER III - AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN

LANGUAGE CAPABILITIES

-HEAD-

Sec. 4523. Award authority

-STATUTE-

(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 (FOOTNOTE 1) shall include -

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

(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.

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title IV, Sec. 408(a)),

Nov. 5, 1990, 104 Stat. 1427, 1467.)

-CITE-