5 U.S.C. § 4506 — Regulations

Page 493 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4507 agency who would not otherwise be covered by this sec- tion (including authority under subsection (c) to pre- scribe any necessary regulations).’’ Statutory Notes and Related Subsidiaries 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. Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (e) of this sec- tion delegated to Director of Office of Personnel Man- agement 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 PAY- RELATED FUNCTIONS Ex. Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, 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, 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, sub- stantive 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 pre- scribe regulations and instructions under which the awards programs set forth by this sub- chapter 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 U.S. Code Revised Statutes and Statutes at Large .................. 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2001—Pub. L. 107–67 substituted ‘‘the awards pro- grams’’ 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’’. Statutory Notes and Related Subsidiaries 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 sec- tion [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 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. § 4507. Awarding of ranks in the Senior Execu- tive 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 Meri- torious Executive or Distinguished Executive. The recommendations may take into account the individual’s performance over a period of years. The Office shall review such recommenda- tions and provide to the President recommenda- tions 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 Of- fice the rank of— (1) Meritorious Executive, for sustained ac- complishment, or (2) Distinguished Executive, for sustained extraordinary accomplishment. A career appointee awarded a rank under para- graph (1) or (2) of this subsection shall not be en- titled to be awarded that rank during the fol- lowing 4 fiscal years. (d) During any fiscal year— (1) the number of career appointees awarded the rank of Meritorious Executive may not ex- ceed 5 percent of the Senior Executive Service; and (2) the number of career appointees awarded the rank of Distinguished Executive may not