5 U.S.C. § 4312 — Senior Executive Service performance appraisal systems
submitted 48 years ago by Pub. L. 95-454 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 372 words · no verdicts yet
Each agency must create performance-appraisal systems for senior executives that measure individual and organizational performance and support retention and awards. Executives must receive requirements, written appraisals, and a chance to respond and obtain review.
(a) Under Office of Personnel Management standards, each agency must create one or more appraisal systems that accurately evaluate each position using related criteria and critical elements; systematically appraise senior executives; encourage excellent performance; and support decisions about retaining executives in the Senior Executive Service and giving performance awards.
(b) Each system must require that, before each rating period, the agency establishes and communicates each senior executive’s performance requirements in consultation with that executive; bases written appraisals on individual and organizational requirements; and gives each executive the appraisal and rating under section 4314, an opportunity to respond in writing, and an opportunity for review by a higher-level employee or, with the executive’s consent, an active-duty commissioned uniformed-service officer before the rating becomes final.
(c) The Office must review each agency system for compliance with this subchapter. The Comptroller General must periodically review systems and report findings to the Office and both Houses of Congress. If the Office finds a system deficient, the agency must take the corrective action the Office requires.
(d) A senior executive may not appeal an appraisal or rating under a system covered by this section.
Each agency shall, in accordance with standards established by the Office of Personnel Management, develop one or more performance appraisal systems designed to—
permit the accurate evaluation of performance in any position on the basis of criteria which are related to the position and which specify the critical elements of the position;
provide for systematic appraisals of performance of senior executives;
encourage excellence in performance by senior executives; and
provide a basis for making eligibility determinations for retention in the Senior Executive Service and for Senior Executive Service performance awards.
Each performance appraisal system established by an agency under subsection (a) of this section shall provide—
that, on or before the beginning of each rating period, performance requirements for each senior executive in the agency are established in consultation with the senior executive and communicated to the senior executive;
that written appraisals of performance are based on the individual and organizational performance requirements established for the rating period involved; and
that each senior executive in the agency is provided a copy of the appraisal and rating under section 4314 of this title and is given an opportunity to respond in writing and have the rating reviewed by an employee, or (with the consent of the senior executive) a commissioned officer in the uniformed services serving on active duty, in a higher level in the agency before the rating becomes final.
The Office shall review each agency’s performance appraisal system under this section, and determine whether the agency performance appraisal system meets the requirements of this subchapter.
The Comptroller General shall from time to time review performance appraisal systems under this section to determine the extent to which any such system meets the requirements under this subchapter and shall periodically report its findings to the Office and to each House of the Congress.
If the Office determines that an agency performance appraisal system does not meet the requirements under this subchapter (including regulations prescribed under section 4315), the agency shall take such corrective action as may be required by the Office.
A senior executive may not appeal any appraisal and rating under any performance appraisal system under this section.
Source credit: (Added Pub. L. 95–454, title IV, § 405(a), Oct. 13, 1978, 92 Stat. 1167; amended Pub. L. 98–615, title III, § 306(b)(2), Nov. 8, 1984, 98 Stat. 3220.)
- 1978Enacted · Pub. L. 95-454 · 92 Stat. 1167
- 1984Amended · Pub. L. 98-615 · 98 Stat. 3220
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-454 on 1978-10-13.
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