Title 5 › Part III— EMPLOYEES › Subpart C— Employee Performance › Chapter 43— PERFORMANCE APPRAISAL › Subchapter II— PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE › § 4312
Agencies must create one or more performance review systems for Senior Executive Service employees that follow rules set by the Office of Personnel Management (OPM). The systems must let agencies judge any job accurately using job-related criteria that list the key duties, give regular, organized reviews of senior executives, encourage strong performance, and serve as the basis for deciding SES retention and performance awards. Each system must set and tell each senior executive their performance goals before the rating period starts, after talking with them. Written ratings must be based on those individual and organizational goals. Each senior executive must get a copy of their appraisal and rating (see section 4314), be allowed to reply in writing, and may have the rating reviewed by a higher-level employee or, with their consent, an active-duty commissioned officer before the rating is final. OPM will review each agency’s system to make sure it meets the rules, and the Comptroller General will also review systems from time to time and report to OPM and Congress. If OPM finds a system does not meet the rules (including rules under section 4315), the agency must fix it. Senior executives may not appeal any appraisal and rating under these systems.
Full Legal Text
Government Organization and Employees — Source: USLM XML via OLRC
Legislative History
Reference
Citation
5 U.S.C. § 4312
Title 5 — Government Organization and Employees
Last Updated
Apr 3, 2026
Release point: 119-73not60