5 U.S.C. § 4504 — Presidential awards

Page 490 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4503 In subsections (a) and (b), the words ‘‘cash award’’ are substituted for ‘‘monetary award’’ and ‘‘such award’’ to conform to the remainder of the chapter. In subsection (c), the word ‘‘Government’’ is sub- stituted 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes 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 fol- lows: ‘‘Notwithstanding section 4501(2), for the purpose of this subsection, ‘employee’ includes an employee covered by the performance management and recogni- tion system established under chapter 54.’’ 1990—Subsec. (e). Pub. L. 101–509 added subsec. (e). 1981—Subsecs. (a), (c). Pub. L. 97–35 substituted ‘‘sub- chapter’’ 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 Commis- sion’’, ‘‘$10,000’’ for ‘‘$5,000’’, and ‘‘Office’’ for ‘‘Commis- sion’’. Statutory Notes and Related Subsidiaries 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 Pub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 92 Stat. 1184, provided that amendment by Pub. L. 95–454 was ef- fective 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 Of- fice of Personnel Management. Executive Documents 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 ac- complishment, or other personal effort con- tributes 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2123(a). Sept. 1, 1954, ch. 1208, § 304(a), 68 Stat. 1113. The word ‘‘employee’’ is substituted for ‘‘civilian offi- cers and employees of the Government’’ in view of the definition of ‘‘employee’’ in section 4501. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Par. (1). Pub. L. 95–454 inserted ‘‘or achieves a significant reduction in paperwork’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 92 Stat. 1184, provided that amendment by Pub. L. 95–454 was ef- fective 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 Of- fice of Personnel Management. § 4504. Presidential awards The President may pay a cash award to, and incur necessary expense for the honorary rec- ognition of, an employee who— (1) by his suggestion, invention, superior ac- complishment, or other personal effort con- tributes 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 em- ployment. 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 U.S. Code Revised Statutes and Statutes at Large .................. 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 defi- nition of ‘‘employee’’ in section 4501. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Page 491 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4504 Editorial Notes AMENDMENTS 1978—Par. (1). Pub. L. 95–454 inserted ‘‘or achieves a significant reduction in paperwork’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 92 Stat. 1184, provided that amendment by Pub. L. 95–454 was ef- fective 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 Of- fice of Personnel Management. Executive Documents DELEGATION OF FUNCTIONS Functions vested in Director of Office of Personnel Management under this section insofar as it affects of- ficers and employees in or under executive branch of Government to be performed without approval of Presi- dent, 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 amend- ed 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 fol- lows: SECTION 1. Medal established. The Medal of Freedom is hereby reestablished as the Presidential Medal of Free- dom, with accompanying ribbons and appurtenances. The Presidential Medal of Freedom, hereinafter re- ferred 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 Presi- dent 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, es- tablished by Executive Order No. 10717 of June 27, 1957, hereinafter referred to as the Board, is hereby ex- panded, for the purpose of carrying out the objectives of this Order, to include five additional members ap- pointed 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, respec- tively. Any person appointed to fill a vacancy occur- ring 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 mem- bership of the Board appointed from the Executive Branch. (c) For purposes of recommending to the President persons to receive the President’s Award for Distin- guished 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 sub- mitted 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 recommenda- tions 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 rec- ommendation of persons to receive the Presidential Medal of Freedom, including expenses of travel of mem- bers 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 provi- sions 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 Govern- ment. 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 ac- companies and is hereby made a part of this order, sus- pended on a ribbon of appropriate material and color, and accompanying appurtenances. Each medal shall be suitably inscribed, and an appropriate citation shall ac- company 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 Fed- eral Government for the best achievements having cur- rent 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 dif- ficulties. (3) High ability in accomplishing extraordinary sci- entific or technological achievement, in providing out- standing leadership in planning, organizing, or direct- ing a major program of unusual importance and com- plexity, 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 Gov- ernment and to the public interest shall be so out- standing that the officer or employee is deserving of greater public recognition than that which can be ac- corded by the head of the department or agency in Page 492 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4505 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 Man- agement shall advise and assist the President in select- ing persons to receive this award. In performing this function, the Director shall carefully review nomina- tions 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 there- upon transmit to the President the names of those per- sons who, in the opinion of the Director, merit the award, together with a statement of the reasons there- for. Recipients for the award shall be selected by the President. SEC. 4. The form and procedures for making nomina- tions for this award shall be prescribed by the Director of the Office of Personnel Management, in accord with the following principles: (a) The Director shall be guided in the performance of this function by the provisions of Section 4504 and 4505 of Title 5 of the United States Code, and by additional criteria which the Director may prescribe. (b) The Director shall not recommend any person for the award without the concurrence of the head of the agency in which that person was employed at the time of the achievement for which the award is rec- ommended. (c) Persons appointed by the President are not eligi- ble 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 con- cerned, if the suggestion, invention, superior ac- complishment, 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 U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2123(c). Sept. 1, 1954, ch. 1208 § 304(c), 68 Stat. 1113. The words ‘‘or grant’’ are added for clarity. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 substituted ‘‘subchapter’’ for ‘‘chapter’’. Statutory Notes and Related Subsidiaries 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 sec- tion 4501 of this title. § 4505a. Performance-based cash awards (a)(1) An employee whose most recent per- formance 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 sen- tence, 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 per- formance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee’s an- nual 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 nec- essary 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 appli- cation of subsections (a) through (c) with re- spect 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; amend- ed 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; Pub. L. 115–73, title I, § 107(a)(2)(A), Oct. 26, 2017, 131 Stat. 1239; Pub. L. 115–91, div. A, title X, § 1097(b)(3)(A), Dec. 12, 2017, 131 Stat. 1617.) Editorial Notes AMENDMENTS 2017—Subsec. (b)(2). Pub. L. 115–91 substituted ‘‘sec- tion 2302(d)’’ for ‘‘section 2302(c)’’. Pub. L. 115–73 substituted ‘‘section 2302(c)’’ for ‘‘sec- tion 2302(d)’’. 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 pur- poses 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 com- parability 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 sub- secs. (d) and (e) and struck out former subsec. (d) which read as follows: ‘‘At the request of the head of an Exec- utive agency, the President may authorize the applica- tion of the preceding provisions of this section with re- spect to 1 or more categories of employees within such