
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5384]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
          SUBCHAPTER VIII--PAY FOR THE SENIOR EXECUTIVE SERVICE
 
Sec. 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.
    (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.
    (2) not \1\ 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.
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    \1\ So in original. Probably should be capitalized.
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    (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.

(Added Pub. L. 95-454, title IV, Sec. 407(a), Oct. 13, 1978, 92 Stat. 
1172; amended Pub. L. 98-615, title III, Sec. 302, Nov. 8, 1984, 98 
Stat. 3217; Pub. L. 101-136, title VI, Sec. 625(a), Nov. 3, 1989, 103 
Stat. 822; Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 632(a)], 
Oct. 21, 1998, 112 Stat. 2681-480, 2681-523.)


                               Amendments

    1998--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).
    1989--Subsec. (c). Pub. L. 101-136 designated existing provisions as 
par. (1) and added par. (2).
    1984--Subsec. (b)(2). Pub. L. 98-615, Sec. 302(1), substituted ``but 
may not be less than 5 percent nor more than 20 percent'' for ``but may 
not exceed 20 percent''.
    Subsec. (b)(3). Pub. L. 98-615, Sec. 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.


                    Effective Date of 1998 Amendment

    Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 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.''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-615 effective following expiration of 90-day 
period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98-615, set 
out as a note under section 3393 of this title.


    Limitation on Number of Performance Awards for Career Appointees

    Section 306(c) of S. 2939, Ninety-seventh Congress, 2nd Session, as 
reported Sept. 22, 1982, and incorporated by reference in Pub. L. 97-
276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective as if 
enacted into law, provided that: ``None of the funds appropriated by 
this Act or any other Act shall be used by any agency to pay performance 
awards in fiscal year 1983 under section 5384 of title 5, United States 
Code, or any comparable personnel system established on or after October 
13, 1978, to more than 20 per centum of the number of Senior Executive 
Service or comparable personnel system positions in such agency: 
Provided, That an agency with less than five Senior Executive Service 
employees or equivalent positions may grant one such performance 
award.''
    Similar provisions were contained in the following acts:
    Pub. L. 97-51, Secs. 101(c), 124, Oct. 1, 1981, 95 Stat. 959, 965.
    Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167.
    Pub. L. 96-369, Sec. 101(c), Oct. 1, 1980, 94 Stat. 1352.
    Pub. L. 96-304, title III, Sec. 303, July 8, 1980, 94 Stat. 927.

                  Section Referred to in Other Sections

    This section is referred to in sections 3151, 4314, 4507, 9505 of 
this title; title 10 section 1606; title 22 section 3965; title 31 
section 733; title 38 section 7404.
