Title 5Government Organization and EmployeesRelease 119-73not60

§4312 Senior Executive Service Performance Appraisal Systems

Title 5 › Part III— EMPLOYEES › Subpart C— Employee Performance › Chapter 43— PERFORMANCE APPRAISAL › Subchapter II— PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE › § 4312

Last updated Apr 3, 2026|Official source

Summary

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

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 4312

Title 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60