Page:United States Statutes at Large Volume 92 Part 1.djvu/1234

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1180

> "CHAPTER 54—MERIT PAY AND CASH AWARDS <

5 USC 5401.

5 USC 7103.

Exclusions.

Presidential reports, transmittal to Congress. Filing of applications.

Review.

"Sec. "5401. "5402. "5403. "5404. "5405.

^ - * Purpose. Merit pay system. Cash award program. Report. Regulations.

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«§ 5401. Purpose "1 " (a) It is the purpose of this chapter to provide for— " (1) a merit pay system which shall— " (A) within available funds, recognize and reward quality performance by varying merit pay adjustments; "(B) use performance appraisals as the basis for determining merit pay adjustments; "(C) within available funds, provide for training to improve objectivity and fairness in the evaluation of performance; and " (D) regulate the costs of merit pay by establishing appro,, t priate control techniques; and "(2) a cash award program which shall provide cash awards for superior accomplishment and special service. "(b)(1) Except as provided in paragraph (2) of tnis subsection, this chapter shall apply to any supervisor or management official (as defined m paragraphs (10) and (11) of section 7103 of this title, respectively) who is in a position which is in GS-13, 14, or 15 of the General Schedule described in section 5104 of this title. "(2)(A) Upon application under subparagraph (C) of this paragraph, the President may, in writing, exclude an agency or any unit of an agency from the application of this chapter if the President considers such exclusion to be required as a result of conditions arising from— "(i) the recent establishment of the agency or unit, or the implementation of a new program, "(ii) an emergency situation, or ^ *; ^^ / • " (iii) any other situation or circumstance. "(B) Any exclusion under this paragraph shall not take effect earlier than 30 calendar days after the President transmits to each House of the Congress a report describing the agency or unit to be excluded and the reasons therefor. "(C) An application for exclusion under this paragraph of an agency or any unit of an agency shall be filed by the head of the agency with the Office of Personnel Management, and shall set forth reasons why the agency or unit should be excluded from this chapter. The Office shall review the application and reasons, undertake such other review as it considers appropriate to deterhiine whether the agency or unit should be. excluded from the coverage of this chapter, and upon completion of its review, recommend to the President whether the agency or unit should be so excluded. "(D) Any agency or unit which is excluded pursuant to this paragraph shall, insofar as practicable, make a sustained effort to eliminate the conditions on which the exclusion is based. " (E) The Office shall periodically review any exclusion from coverage and may at any time recommend to the President that an exclusion under this paragraph be revoked. The President may at any time revoke, in writing, any exclusion under this paragraph.

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