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5 U.S.C. § 5384 — Performance awards in the Senior Executive Service
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) or any award paid under [section 4507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim).
**(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.
(2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee’s rate of basic pay.
(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 10 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 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.
**(c)**
(1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4314&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_a72eda6adbb29d741dde2235
Source file: Laws/federal/codes/united-states-code/title-5/section-5384-performance-awards-in-the-senior-executive-service--9c148538b0.md
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Source location: Title 5, Chapter 53, § 5384; chapter-053-pay-rates-and-systems.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) or any award paid under [section 4507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim).
**(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.
(2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee’s rate of basic pay.
(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 10 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 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.
**(c)**
(1) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4314&num=0&edition=prelim).
(2) not 11 So in original. Probably should be capitalized. 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.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to—
(1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives;
(2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals);
(3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them;
(4) recognize exceptional accomplishment;
(5) enable the head of an agency to reassign senior executives to best accomplish the agency’s mission;
(6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons;
(7) protect senior executives from arbitrary or capricious actions;
(8) provide for program continuity and policy advocacy in the management of public programs;
(9) maintain a merit personnel system free of prohibited personnel practices;
(10) ensure accountability for honest, economical, and efficient Government;
(11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3131
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4507
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from—
(1) all groups of qualified individuals within the civil service; or
(2) all groups of qualified individuals whether or not within the civil service.
**(b)** Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including—
(1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and
(2) making written recommendations to the appropriate appointing authority concerning such candidates.
**(c)**
(1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee.
(2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointme
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3393
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the President’s Pay Agent designated under section 5304(d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373.
**(b)** Notwithstanding the provisions of subsection (a), the applicable maximum shall be level II of the Executive Schedule for any agency that is certified under section 5307 as having a performance appraisal system which, as designed and applied, makes meaningful distinctions based on relative performance.
**(c)** No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under subsection (b) to an agency with an applicable maximum rate of pay prescribed under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5382
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim);
(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
(4) any senior executive who twice in any per
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4314
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility; additional lump sum payment; excessive compensation not precluding award** Subject to subsection (e), members of the Senior Foreign Service who are serving—
(1) under career or career candidate appointments, or
(2) under limited appointments with reemployment rights under [section 3950 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) as career appointees in the Senior Executive Service,
shall be eligible to compete for performance pay in accordance with this section. Performance pay shall be paid in a lump sum and shall be in addition to the basic salary prescribed under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim) and any other award. The fact that a member of the Senior Foreign Service competing for performance pay would, as a result of the payment of such performance pay, receive compensation exceeding the compensation of any other member of the Service shall not preclude the award or its payment.
**(b) Criteria; limitations** Awards of performance pay shall take into account the criteria established by the Office of Personnel Management for performance awards under [section 5384 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim) and rank awards under [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). Awards of performance pay under this section shall be subject to the following limitations:
(1) Not more than 33 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year.
(2) Except as provided in paragraph (3),
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3965
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Comptroller General may establish a General Accounting Office Senior Executive Service 11 See Change of Name note below. —
(1) meeting the requirements of [section 3131 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3131&num=0&edition=prelim);
(2) providing requirements for positions consistent with [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim);
(3) providing rates of basic pay—
(A) not more than the maximum rate or less than the minimum rate for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim); and
(B) adjusted annually by the Comptroller General after taking into consideration the factors listed under [section 732(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/c/3&num=0&edition=prelim), except that an adjustment under this subparagraph shall not be applied in the case of any officer or employee whose performance is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment;
(4) providing a performance appraisal system consistent with subchapter II of chapter 43 of title 5;
(5) allowing the Comptroller General to award ranks to officers and employees in the Office Senior Executive Service consistent with [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim);
(6) providing for removal consistent with [section 3592 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3592&num=0&edition=prelim), and for re
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 733
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Superior Accomplishments and Performance Awards Program.—** The Secretary may establish an awards program for personnel listed in [section 7421(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) consistent with chapter 45 of title 5, to the extent practicable.
**(b) Executive Performance Awards Program.—** Notwithstanding [section 7425 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7425&num=0&edition=prelim) or any other provision of law, the Secretary may establish a performance awards program consistent with [section 5384 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim) for—
(1) personnel appointed under [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) for a position that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in [section 3132(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim)) and is subject to an agency performance management system; and
(2) personnel appointed under section 7306 or 7401(4) of this title.
**(c) Payment of Awards.—** Awards under this section may be paid based on criteria established by the Secretary and shall not be considered in calculating the limitation under [section 7431(e)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7431/e/4&num=0&edition=prelim).
**(d) Not Considered Basic Pay.—** Awards under this section shall not be considered basic pay for any purpose.
**(e) Regulations.—*
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7404A
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Federal law — U.S. Code and appendices · legal_authorities
Page 629
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5384
1 So in original. Probably should be capitalized.
applying the limitation under paragraph (1) of this sub-
section with respect to such fiscal year.
‘‘(C) The Office of Personnel Management shall pre-
scribe regulations, consistent with section 5582 of this
title, under which payment under this paragraph shall
be made in the case of any individual whose death pre-
cludes payment under subparagraph (A) of this para-
graph.’’
1991—Subsec. (e). Pub. L. 102–175 added subsec. (e).
1990—Subsec. (b)(1). Pub. L. 101–509, which directed
that ‘‘5304(j),’’ be struck out after the reference to sec-
tion 4507, could not be executed because ‘‘5304(j),’’ does
not appear in text.
1984—Subsec. (b). Pub. L. 98–615 designated existing
provisions as par. (1) and added par. (2).
1979—Subsec. (b). Pub. L. 96–166 inserted reference to
section 5948.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–136 effective on first day
of first pay period beginning on or after Jan. 1, 2004, but
not to result in reduction in rate of basic pay for any
senior executive during first year after effective date,
see section 1125(c) of Pub. L. 108–136, set out as a note
under section 5304 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–615 effective following ex-
piration of 90-day period beginning on Nov. 8, 1984, see
section 307 of Pub. L. 98–615, set out as a note under sec-
tion 3393 of this title.
EFFECTIVE DATE
Section effective 9 months after Oct. 13, 1978, and con-
gressional 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.
SENIOR
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5384
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