§ 5384. Performance awards in the Senior Executive Service

Footnotes

1. 1 So in original. Probably should be capitalized.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–454 title IV § 407(a) · 92 Stat. 1111

   Enacted · 5 U.S.C. § 5384

   Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1172

   Source evidence

   Code source credit
   Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1172

   Enacted provision · exact public law section
   (a) Chapter 53 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: “SUBCHAPTER VIII— PAY FOR THE SENIOR EXECUTIVE SERVICE “§5381. Definitions “For the purpose of this subchapter, ‘agency’, ‘Senior Executive Service position’, and ‘senior executive’ have the meanings set forth in section 3132(a) of this title. Ante, p. 1155. “§5382. Establishment and adjustment of rates of pay for the Senior Executive Service “(a) There shall be 5 or more rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates. The rates of basic pay shall be initially established and thereafter adjusted by the President subject to subsection (b) of this section. “(b) In setting rates of basic pay, the lowest rate for the Senior Executive Service shall not be less than the minimum rate of basic pay payable for GS–16 of the General Schedule and the highest rate shall not exceed the rate for level IV of the Executive Schedule. The 5 USC 5315. payment of the rates shall not be subject to the pay limitation of section 5308 or 5373 of this title. 5 USC 5308. Post, p. 1221. “(c) Subject to subsection (b) of this section, effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5305 of this title in the rates of pay under the General Schedule, each rate of basic pay for the Senior Executive Service shall be adjusted by an amount determined by the President to be appropriate. The adjusted rates of basic pay for the Senior Executive Service shall be 5 USC 5305. included in the report transmitted to the Congress by the President under section 5305 (a)(3) or (c)(1) of this title. “(d) The rates of basic pay that are established and adjusted under Publication in Federal Register. this section shall be printed in the Federal Register and shall supersede any prior rates of basic pay for the Senior Executive Service. “§5383. Setting individual senior executive pay “(a) Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates established under section 5382 of this title shall be paid to each senior executive under such appointing authority. “(b) In no event may the aggregate amount paid to a senior executive during any fiscal year under sections 4507, 5382, and 5384 of this Ante, p. 1170. title exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such fiscal year. “(c) Except for any pay adjustment under section 5382 of this title, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period. “(d) The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction. “§5384. Performance awards in the Senior Executive Service “(a) (1) To encourage excellence in performance by career appointees, performance awards shall be paid to career appointees in accordance with the provisions of this section. “(2) Such awards shall be paid in a lump sum and shall be in addition to the basic pay paid under section 5382 of this title or any award paid under section 4507 of this title. Ante, p. 1170. “(b) (1) No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointee’s most recent performance appraisal and rating under subchapter II of chapter 43 of this title. Ante, p. 1167. “(2) The amount of a performance award under this section shall be determined by the agency head but may not exceed 20 percent of the career appointee’s rate of basic pay. “(3) The number of career appointees in any agency paid performance awards under this section during any fiscal year may not exceed 50 percent of the number of Senior Executive Service positions in such agency. This paragraph shall not apply in the case of any agency which has less than 4 Senior Executive Service positions. “(c) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under section 4314 of this title. Ante, p. 1169. “(d) The Office of Personnel Management may issue guidance to agencies concerning the proportion of Senior Executive Service salary expenses that may be appropriately applied to payment of performance awards and the distribution of awards. “§5385. Regulations “The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.”.

2. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 302(1) · 98 Stat. 3195

   Substituted · 5 U.S.C. § 5384(b)(2)

   Pub. L. 98–615, § 302(1), substituted “but may not be less than 5 percent nor more than 20 percent” for “but may not exceed 20 percent”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 98–615, § 302(1), substituted “but may not be less than 5 percent nor more than 20 percent” for “but may not exceed 20 percent”.

   Enacted provision · exact public law section
   (1) in paragraph (2), by striking out “exceed” and inserting in lieu thereof “be less than 5 percent nor more than”; and

3. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 302(2) · 98 Stat. 3195

   Substituted · 5 U.S.C. § 5384(b)(3)

   Pub. L. 98–615, § 302(2), substituted provisions limiting the aggregate amount of performance awards paid under this section by an agency during any fiscal year to the greater of 3 percent of the aggregate basic pay of career appointees in that agency during the preceding fiscal year or 15 percent of the average of the annual rates of basic pay of such appointees during such fiscal year for provisions limiting the number of career appointees paid performance awards under this section during any fiscal year to 50 percent of the number of Senior Executive Service positions in such agency, except for an agency having less than 4 such positions

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 98–615, § 302(2), substituted provisions limiting the aggregate amount of performance awards paid under this section by an agency during any fiscal year to the greater of 3 percent of the aggregate basic pay of career appointees in that agency during the preceding fiscal year or 15 percent of the average of the annual rates of basic pay of such appointees during such fiscal year for provisions limiting the number of career appointees paid performance awards under this section during any fiscal year to 50 percent of the number of Senior Executive Service positions in such agency, except for an agency having less than 4 such positions.

   Enacted provision · exact public law section
   (2) by amending paragraph (3) of such subsection to read as follows: “(3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of— “(A) an amount equal to 3 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or “(B) an amount equal to 15 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.”.

4. 1989

   Treasury, Postal Service and General Government Appropriations Act, 1990

   Pub. L. 101–136 title VI § 625(a) · 103 Stat. 783

   1. Amended · 5 U.S.C. § 5384(c)

      Pub. L. 101–136 designated existing provisions as par. (1)

   2. Added · 5 U.S.C. § 5384(c)

      Pub. L. 101–136 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–136 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (a) Section 5384(c) of title 5, United States Code, is amended— (1) by striking “(c)” and inserting “(c)(1)”; and (2) by adding at the end thereof the following: “(2) not less than a majority of the members of any review board referred to in paragraph (1) shall be career appointees whenever making recommendations under such paragraph with respect to a career appointee. The requirement of the preceding sentence shall not apply in any case in which the Office of Personnel Management determines that there exists an insufficient number of career appointees available to comply with the requirement.”.

5. 1998

   Pub. L. 105–277 div. A § 101(h)(tVI)(s632)(a) · 112 Stat. 2681

   1. Substituted · 5 U.S.C. § 5384(b)(3)

      Pub. L. 105–277 substituted “10 percent” for “3 percent” in subpar. (A)

   2. Substituted · 5 U.S.C. § 5384(b)(3)

      Pub. L. 105–277 substituted “20 percent” for “15 percent” in subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 105–277 substituted “10 percent” for “3 percent” in subpar. (A) and substituted “20 percent” for “15 percent” in subpar. (B).

   Enacted provision · exact public law section
   Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

   Effective date note
   Pub. L. 105–277, div. A, § 101(h) [title VI, § 632(b)], 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.”

7 of 7 references resolved to an enrolled provision