
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4504]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                      CHAPTER 45--INCENTIVE AWARDS
 
            SUBCHAPTER I--AWARDS FOR SUPERIOR ACCOMPLISHMENTS
 
Sec. 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95-454, title V, 
Sec. 502(b), Oct. 13, 1978, 92 Stat. 1183.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2123(b).             Sept. 1, 1954, ch.
                                                    1208, Sec.  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 
definition of ``employee'' in section 4501.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1978--Par. (1). Pub. L. 95-454 inserted ``or achieves a significant 
reduction in paperwork''.


                    Effective Date of 1978 Amendment

    Section 504(a) of Pub. L. 95-454 provided that amendment by Pub. L. 
95-454 was effective 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 Office of Personnel Management.

                         Delegation of Functions

    Functions vested in Director of Office of Personnel Management under 
this section insofar as it affects officers and employees in or under 
executive branch of Government to be performed without approval of 
President, 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 amended 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 follows:
    Section 1. Medal established. The Medal of Freedom is hereby 
reestablished as the Presidential Medal of Freedom, with accompanying 
ribbons and appurtenances. The Presidential Medal of Freedom, 
hereinafter referred 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 President 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, established by Executive 
Order No. 10717 of June 27, 1957, hereinafter referred to as the Board, 
is hereby expanded, for the purpose of carrying out the objectives of 
this Order, to include five additional members appointed 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, respectively. Any person appointed to fill a 
vacancy occurring 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 membership of the Board appointed from 
the Executive Branch.
    (c) For purposes of recommending to the President persons to receive 
the President's Award for Distinguished 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 submitted 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 recommendations 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 recommendation of persons to receive the 
Presidential Medal of Freedom, including expenses of travel of members 
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 provisions 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 Government. 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 accompanies and is hereby made a part of 
this order, suspended on a ribbon of appropriate material and color, and 
accompanying appurtenances. Each medal shall be suitably inscribed, and 
an appropriate citation shall accompany 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 Federal Government for the best achievements having 
current 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 difficulties.
    (3) High ability in accomplishing extraordinary scientific or 
technological achievement, in providing outstanding leadership in 
planning, organizing, or directing a major program of unusual importance 
and complexity, 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 Government and to the 
public interest shall be so outstanding that the officer or employee is 
deserving of greater public recognition than that which can be accorded 
by the head of the department or agency in 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 Management shall 
advise and assist the President in selecting persons to receive this 
award. In performing this function, the Director shall carefully review 
nominations 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 thereupon transmit to the President the 
names of those persons who, in the opinion of the Director, merit the 
award, together with a statement of the reasons therefor. Recipients for 
the award shall be selected by the President.
    Sec. 4. The form and procedures for making nominations 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 
recommended.
    (c) Persons appointed by the President are not eligible for this 
award unless, in the opinion of the Office, they are currently serving 
in a career position.

                  Section Referred to in Other Sections

    This section is referred to in section 4502 of this title; title 15 
section 3710c.
