5 Usc 45

§ 4314

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.)
AMENDMENTS
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.’’

§ 4314. Ratings for performance appraisals
(a) Each performance appraisal system shall
provide for annual summary ratings of levels of
performance as follows:
(1) one or more fully successful levels,
(2) a minimally satisfactory level, and
(3) an unsatisfactory level.
(b) Each performance appraisal system shall
provide that—
(1) any appraisal and any rating under such
system—
(A) are made only after review and evaluation by a performance review board established under subsection (c) of this section;
(B) are conducted at least annually, subject to the limitation of subsection (c)(3) of
this section;
(C) in the case of a career appointee, may
not be made within 120 days after the beginning of a new Presidential administration;
and
(D) are based on performance during a performance appraisal period the duration of
which shall be determined under guidelines
established by the Office of Personnel Management, but which may be terminated in
any case in which the agency making an appraisal determines that an adequate basis
exists on which to appraise and rate the senior executive’s performance;
(2) any career appointee receiving a rating
at any of the fully successful levels under subsection (a)(1) of this section may be given a
performance award under section 5384 of this
title;
(3) any senior executive receiving an unsatisfactory rating under subsection (a)(3) of this
section shall be reassigned or transferred
within the Senior Executive Service, or removed from the Senior Executive Service, but
any senior executive who receives 2 unsatisfactory ratings in any period of 5 consecutive
years shall be removed from the Senior Executive Service; and

Page 316

(4) any senior executive who twice in any period of 3 consecutive years receives less than
fully successful ratings shall be removed from
the Senior Executive Service.
(c)(1) Each agency shall establish, in accordance with regulations prescribed by the Office,
one or more performance review boards, as appropriate. It is the function of the boards to
make recommendations to the appropriate appointing authority of the agency relating to the
performance of senior executives in the agency.
(2) The supervising official of the senior executive shall provide to the performance review
board, an initial appraisal of the senior executive’s performance. Before making any recommendation with respect to the senior executive,
the board shall review any response by the senior executive to the initial appraisal and conduct such further review as the board finds necessary.
(3) Performance appraisals under this subchapter with respect to any senior executive
shall be made by the appointing authority only
after considering the recommendations by the
performance review board with respect to such
senior executive under paragraph (1) of this subsection.
(4) Members of performance review boards
shall be appointed in such a manner as to assure
consistency, stability, and objectivity in performance appraisal. Notice of the appointment
of an individual to serve as a member shall be
published in the Federal Register.
(5) In the case of an appraisal of a career appointee, more than one-half of the members of
the performance review board shall consist of
career appointees. The requirement of the preceding sentence shall not apply in any case in
which the Office determines that there exists an
insufficient number of career appointees available to comply with the requirement.
(Added Pub. L. 95–454, title IV, § 405(a), Oct. 13,
1978, 92 Stat. 1169; amended Pub. L. 104–66, title
II, § 2181(b), Dec. 21, 1995, 109 Stat. 732.)
AMENDMENTS
1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d)
which related to reports to Congress.

§ 4315. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of
this subchapter.
(Added Pub. L. 95–454, title IV, § 405(a), Oct. 13,
1978, 92 Stat. 1170.)
CHAPTER 45—INCENTIVE AWARDS
SUBCHAPTER I—AWARDS FOR SUPERIOR
ACCOMPLISHMENTS
Sec.

4501.
4502.
4503.
4504.
4505.
4505a.
4506.
4507.

1 So

Definitions.
General provisions.
Agency awards.
Presidential awards.
Awards to former employees.
Performance-based cash awards.
Regulations.
Awarding of Ranks 1 in the Senior Executive
Service.

in original. Probably should not be capitalized.

Page 317

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.
4512.
4513.

Definition and general provisions.
Agency awards for cost savings disclosures.
Presidential awards for cost savings disclosures.
[4514.
Repealed.]
SUBCHAPTER III—AWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES 2

(3) ‘‘Government’’ means the Government of
the United States and the government of the
District of Columbia.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 442; Pub. L.
95–454, title V, § 503(a), Oct. 13, 1978, 92 Stat. 1183;
Pub. L. 97–35, title XVII, § 1703(b)(2), Aug. 13,
1981, 95 Stat. 756; Pub. L. 98–615, title II,
§ 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L.
100–690, title VII, § 7106(a), Nov. 18, 1988, 102 Stat.
4418; Pub. L. 101–474, § 5(f), Oct. 30, 1990, 104 Stat.
1100; Pub. L. 103–89, § 3(b)(1)(C), Sept. 30, 1993, 107
Stat. 981.)
HISTORICAL AND REVISION NOTES
Derivation

4521.
4522.
4523.

Definition.
General provision.
Award authority.
AMENDMENTS

2001—Pub. L. 107–67, title VI, § 641(c), Nov. 12, 2001, 115
Stat. 555, added item 4507a.
1994—Pub. L. 103–425, § 2(b), Oct. 31, 1994, 108 Stat. 4370,
added items 4508 and 4509.
1992—Pub. L. 102–487, § 1(b), Oct. 24, 1992, 106 Stat. 3134,
struck out item 4514 ‘‘Expiration of authority’’.
1990—Pub. L. 101–509, title V, § 529 [title II, § 207(b),
title IV, § 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, § 1(b), Nov. 5, 1988, 102 Stat. 3179,
struck out ‘‘; reporting requirement’’ after ‘‘authority’’ in item 4514.
1985—Pub. L. 99–145, title XII, § 1225(b)(1)(B), Nov. 8,
1985, 99 Stat. 730, inserted ‘‘; reporting requirement’’ in
item 4514.
1981—Pub. L. 97–35, title XVII, § 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, § 406(b), Oct. 13, 1978, 92
Stat. 1171, added item 4507.

SUBCHAPTER I—AWARDS FOR SUPERIOR
ACCOMPLISHMENTS
AMENDMENTS
1981—Pub. L. 97–35, title XVII, § 1703(b)(1), Aug. 13,
1981, 95 Stat. 756, added heading for subchapter I.

§ 4501. Definitions
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
2 So

in original. Does not conform to subchapter heading.

§ 4501

..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2122.

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.
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

§ 4502

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.
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 mixedownership 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.

Page 318

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.

§ 4502. General provisions
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 442; Pub. L.
95–454, title V, § 503(b), (c), Oct. 13, 1978, 92 Stat.
1183; Pub. L. 97–35, title XVII, § 1703(b)(2), Aug.
13, 1981, 95 Stat. 756; Pub. L. 101–509, title V, § 529
[title II, § 201], Nov. 5, 1990, 104 Stat. 1427, 1455;
Pub. L. 103–89, § 3(b)(1)(D), Sept. 30, 1993, 107 Stat.
981; Pub. L. 106–398, § 1 [[div. A], title XI, § 1132],
Oct. 30, 2000, 114 Stat. 1654, 1654A–318.)
HISTORICAL AND REVISION NOTES
Derivation
..................

U.S. Code
5 U.S.C. 2123(d), (e),
(g).

Revised Statutes and
Statutes at Large
Sept. 1, 1954, ch. 1208,
§ 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.

Page 319

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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, § 503(b), substituted
‘‘$10,000’’ for ‘‘$5,000’’.
Subsec. (b). Pub. L. 95–454, § 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, § 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.
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.

§ 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.)

§ 4504

HISTORICAL AND REVISION NOTES
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
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.
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.

§ 4504. Presidential awards
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 443; Pub. L.
95–454, title V, § 502(b), Oct. 13, 1978, 92 Stat.
1183.)
HISTORICAL AND REVISION NOTES
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2123(b).

Sept. 1, 1954, ch. 1208,
§ 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.

§ 4504

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
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.
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 recom-

Page 320

mendation 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:

Page 321

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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.

§ 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.)
HISTORICAL AND REVISION NOTES
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
5 U.S.C. 2123(c).

Sept. 1, 1954, ch.
§ 304(c), 68 Stat. 1113.

1208

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.

§ 4505a. Performance-based cash awards
(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 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)(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

§ 4505a

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.
(Added Pub. L. 101–509, title V, § 529 [title II,
§ 207(a)], Nov. 5, 1990, 104 Stat. 1427, 1457; amended Pub. L. 102–378, § 2(19), Oct. 2, 1992, 106 Stat.
1347; Pub. L. 108–411, title III, § 301(c), Oct. 30,
2004, 118 Stat. 2317.)
AMENDMENTS
2004—Subsec. (a)(2). Pub. L. 108–411 struck out subpar.
(A) designation before ‘‘A cash award under’’ and
struck out subpar. (B) which read as follows: ‘‘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.’’
1992—Subsec. (b)(2). Pub. L. 102–378, § 2(19)(A), inserted
reference to chapter 71.
Subsec. (c). Pub. L. 102–378, § 2(19)(B), inserted ‘‘of
Personnel Management’’ after ‘‘Office’’.
Subsecs. (d), (e). Pub. L. 102–378, § 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 2004 AMENDMENT
Amendment by Pub. L. 108–411 effective on the first
day of the first applicable pay period beginning on or
after the 180th day after Oct. 30, 2004, with provisions
relating to conversion rules, see section 301(d) of Pub.
L. 108–411, set out as a note under section 5363 of this
title.
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, § 305] of Pub. L. 101–509, set out as an Effective Date
of 1990 Amendment note under section 5301 of this title.
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, § 1(2), Jan. 5, 1993, 58 F.R.
2965, set out as a note under section 3502 of this title.
EX. ORD. NO. 13415. ASSIGNMENT OF CERTAIN PAYRELATED FUNCTIONS
Ex. Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, provided:

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 4506

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, it is hereby ordered as follows:
SECTION 1. Assignment of Functions. The functions of
the President under sections 4505a, 5305, and 5377 of
title 5, United States Code, are assigned to the Director
of the Office of Personnel Management.
SEC. 2. Revocations. (a) [Amended Ex. Ord. No. 12748,
set out as a note under section 5301 of this title.]
(b) [Amended Ex. Ord. No. 12828, set out as a note
under section 3502 of this title.]
SEC. 3. General Provision. This order is not intended
to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity
against the United States, its departments, agencies,
entities, officers, employees, or agents, or any other
person.
GEORGE W. BUSH.

§ 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.)
HISTORICAL AND REVISION NOTES
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
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.
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, § 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.

§ 4507. Awarding of ranks in the Senior Executive Service
(a) For the purpose of this section, ‘‘agency’’,
‘‘senior executive’’, and ‘‘career appointee’’ have

Page 322

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.)
AMENDMENTS
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’’.
EFFECTIVE DATE OF 1998 AMENDMENT
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.’’
EFFECTIVE DATE
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through

Page 323

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.

§ 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.)
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.
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.

§ 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.)
§ 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—

§ 4512

(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.)
SUBCHAPTER II—AWARDS FOR COST
SAVINGS DISCLOSURES
AMENDMENTS
1981—Pub. L. 97–35, title XVII, § 1703(a), Aug. 13, 1981,
95 Stat. 755, added subchapter II.

§ 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.)
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, § 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].’’

§ 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

§ 4513

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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.)
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.

§ 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.)
[§ 4514. Repealed. Pub. L. 102–487, § 1(a), Oct. 24,
1992, 106 Stat. 3134]
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.

SUBCHAPTER III—AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN
LANGUAGE CAPABILITIES
AMENDMENTS
1992—Pub. L. 102–378, § 2(20), Oct. 2, 1992, 106 Stat. 1348,
substituted ‘‘OFFICERS’’ for ‘‘OFFICER’’.

§ 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; amend-

Page 324

ed 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.)
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, § 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.’’
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.

§ 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.)
§ 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.)
CHAPTER 47—PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS
Sec.

4701.
4702.
4703.
4704.
4705.
[4706.

Definitions.
Research programs.
Demonstration projects.
Allocation of funds.
Regulations.
Renumbered.]
AMENDMENTS

1998—Pub. L. 105–362, title XIII, § 1302(b)(2)(B)(ii), Nov.
10, 1998, 112 Stat. 3293, added item 4705 and struck out
former items 4705 ‘‘Reports’’ and 4706 ‘‘Regulations’’.
1 So

in original. Probably should be ‘‘subsection’’.