Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart C— - Employee Performance › Chapter CHAPTER 43— - PERFORMANCE APPRAISAL › Subchapter SUBCHAPTER II— - PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE › § 4314
Require agencies to give yearly summary ratings for senior executives. Ratings must include one or more "fully successful" levels, a "minimally satisfactory" level, and an "unsatisfactory" level. Appraisals and ratings must be done only after a performance review board reviews them. They must happen at least once a year, but a career appointee cannot be rated within 120 days after a new President takes office. Rating periods are set by the Office of Personnel Management (OPM) but can end early if the agency has enough information. A career appointee who gets a fully successful rating may be eligible for a performance award under section 5384. An unsatisfactory rating requires reassignment, transfer within the Senior Executive Service (SES), or removal; any senior executive with 2 unsatisfactory ratings in any 5‑year span must be removed. Any senior executive who twice in any 3‑year span gets less than fully successful must be removed. Each agency must create one or more performance review boards under OPM rules. Boards get the supervisor’s initial appraisal, review any response from the executive, and make recommendations to the appointing authority before final appraisals. Board members must be chosen to ensure consistency, stability, and objectivity, and their appointments must be announced in the Federal Register. For appraisals of career appointees, more than one‑half of the board members must be career appointees unless OPM says there are not enough available.
Full Legal Text
Government Organization and Employees — Source: USLM XML via OLRC
Legislative History
Reference
Citation
5 U.S.C. § 4314
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73