PRIA, Government Policy, Made Personal

Summary

Agencies must create performance appraisal systems that meet rules from the Office of Personnel Management (OPM). These systems must let agencies fairly judge any job using job-related criteria, give regular reviews of senior executives, encourage excellent work, and be used to decide who stays in the Senior Executive Service and who gets performance awards. Each system must set and give senior executives their performance goals at or before the start of each rating period after talking with them. Written ratings must be based on those goals. Executives get a copy, may write a response, and may have the rating reviewed by a higher-level agency employee or, with their consent, by an active-duty commissioned officer. OPM will review systems and require fixes if needed. The Comptroller General will also review and report to OPM and Congress. Senior executives may not appeal appraisals or ratings.

Title 5, §4312

Government Organization and Employees, Source: USLM XML via OLRC

(a)Each agency shall, in accordance with standards established by the Office of Personnel Management, develop one or more performance appraisal systems designed to—

(1)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;

(2)provide for systematic appraisals of performance of senior executives;

(3)encourage excellence in performance by senior executives; and

(4)provide a basis for making eligibility determinations for retention in the Senior Executive Service and for Senior Executive Service performance awards.

(b)Each performance appraisal system established by an agency under subsection (a) of this section shall provide—

(1)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;

(2)that written appraisals of performance are based on the individual and organizational performance requirements established for the rating period involved; and

(3)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.

(c)(1)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.

(2)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.

(3)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.

(d)A senior executive may not appeal any appraisal and rating under any performance appraisal system under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (b)(3). Pub. L. 98–615 inserted “, or (with the consent of the senior executive) a commissioned officer in the uniformed services serving on active duty,” and directed that “executive” be struck out which was executed by striking “executive” only where it appeared before “level in the agency”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.

Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title.

§4312 Senior Executive Service Performance Appraisal Systems

Summary

Title 5, §4312

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata