
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4302]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                    CHAPTER 43--PERFORMANCE APPRAISAL
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 4302. Establishment of performance appraisal systems

    (a) Each agency shall develop one or more performance appraisal 
systems which--
        (1) provide for periodic appraisals of job performance of 
    employees;
        (2) encourage employee participation in establishing performance 
    standards; and
        (3) use the results of performance appraisals as a basis for 
    training, rewarding, reassigning, promoting, reducing in grade, 
    retaining, and removing employees.

    (b) Under regulations which the Office of Personnel Management shall 
prescribe, each performance appraisal system shall provide for--
        (1) establishing performance standards which will, to the 
    maximum extent feasible, permit the accurate evaluation of job 
    performance on the basis of objective criteria (which may include 
    the extent of courtesy demonstrated to the public) related to the 
    job in question for each employee or position under the system;
        (2) as soon as practicable, but not later than October 1, 1981, 
    with respect to initial appraisal periods, and thereafter at the 
    beginning of each following appraisal period, communicating to each 
    employee the performance standards and the critical elements of the 
    employee's position;
        (3) evaluating each employee during the appraisal period on such 
    standards;
        (4) recognizing and rewarding employees whose performance so 
    warrants;
        (5) assisting employees in improving unacceptable performance; 
    and
        (6) reassigning, reducing in grade, or removing employees who 
    continue to have unacceptable performance but only after an 
    opportunity to demonstrate acceptable performance.

    (c) In accordance with regulations which the Office shall prescribe, 
the head of an agency may administer and maintain a performance 
appraisal system electronically.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 440; Pub. L. 95-454, title II, 
Sec. 203(a), Oct. 13, 1978, 92 Stat. 1132; Pub. L. 102-378, Sec. 2(18), 
Oct. 2, 1992, 106 Stat. 1347; Pub. L. 106-398, Sec. 1 [[div. A], title 
XI, Sec. 1104], Oct. 30, 2000, 114 Stat. 1654, 1654A-311.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2002.                Sept. 30, 1950, ch.
                                                    1123, Sec.  3, 64
                                                    Stat. 1098.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    2000--Subsec. (c). Pub. L. 106-398 added subsec. (c).
    1992--Subsec. (a)(3). Pub. L. 102-378 substituted a period for 
semicolon at end.
    1978--Pub. L. 95-454 substituted ``Establishment of performance 
appraisal systems'' for ``Performance-rating plans; establishment of'' 
in section catchline and in text substituted provisions relating to the 
establishment of a performance appraisal system, for provisions relating 
to the establishment of performance-rating plans.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 9508 of this title; title 12 
section 1441a; title 31 section 732.
