Page:United States Statutes at Large Volume 92 Part 1.djvu/1224

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1170

Report to Congress. Ante, p. 1159.

Ante, p. 1165.

Post, p. 1172. 5 USC 4315.

"(5) In the case of an appraisal of a career appointee, more than one-half of the members of the performance review board shall consist of career appointees. The requirement of the preceding sentence shall not apply in any case in which the Office determines that there exists an insufficient number of career appointees available to comply with the requirement. "(d) The Office shall include in each report submitted to each House of the Congress under section 3135 of this title a report of— "(1) the performance of any performance review board established under this section, " (2) the number of individuals removed from the Senior Executive Service under subchapter V of chapter 35 of this title for less than fully successful executive performance, and "(3) the number of performance awards under section 5384 of this title. "§4315. Regulations "The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.". (b) The analysis for chapter 43 of title 5, United States Code, is amended by inserting at the end thereof the following:

"Sec.

"4311. "4312. "4313. "4314. "4315.

"SUBCHAPTER II—PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE Definitions. Senior Executive Service performance appraisal systems. Criteria for performance appraisals. Ratings for performance appraisals. >; Regulations.". ,, AWARDING OF RANKS

5 USC 4507. Definitions. Ante, p. 1155. Recommendations.

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SEC. 406. (a) Chapter 45 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§4507. Awarding of ranks in the Senior Executive 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 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 6scal 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

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