USC Subchapter I

in effect

5 U.S.C. § 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 Publishing 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 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 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.

5 U.S.C. § 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.

5 U.S.C. § 4507 Awarding of ranks in the Senior Executive Service

(a) For the purpose of this section, “agency”, “senior executive”, and “career appointee” have the meanings set forth in section 3132(a) of this title. (b) Each agency shall submit annually to the Office recommendations of career appointees in the agency to be awarded the rank of Meritorious Executive or Distinguished Executive. The recommendations may take into account the individual’s performance over a period of years. The Office shall review such recommendations and provide to the President recommendations as to which of the agency recommended appointees should receive such rank. (c) During any fiscal year, the President may, subject to subsection (d) of this section, award to any career appointee recommended by the Office the rank of—(1) Meritorious Executive, for sustained accomplishment, or (2) Distinguished Executive, for sustained extraordinary accomplishment. A career appointee awarded a rank under paragraph (1) or (2) of this subsection shall not be entitled to be awarded that rank during the following 4 fiscal years. (d) During any fiscal year—(1) the number of career appointees awarded the rank of Meritorious Executive may not exceed 5 percent of the Senior Executive Service; and (2) the number of career appointees awarded the rank of Distinguished Executive may not exceed 1 percent of the Senior Executive Service. (e)(1) Receipt by a career appointee of the rank of Meritorious Executive entitles such individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under section 5382 of this title or any award paid under section 5384 of this title. (2) Receipt by a career appointee of the rank of Distinguished Executive entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under section 5382 of this title or any award paid under section 5384 of this title.

5 U.S.C. § 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.

5 U.S.C. § 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.

5 U.S.C. § 4509 Prohibition of cash award to Executive Schedule officers

No officer may receive a cash award under the provisions of this subchapter, if such officer— (1) serves in—(A) an Executive Schedule position under subchapter II of chapter 53; or (B) a position for which the compensation is set in statute by reference to a section or level under subchapter II of chapter 53; and (2) was appointed to such position by the President, by and with the advice and consent of the Senate.