
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC4312]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart C--Employee Performance
 
                    CHAPTER 43--PERFORMANCE APPRAISAL
 
  SUBCHAPTER II--PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE
 
Sec. 4312. Senior Executive Service performance appraisal 
        systems
        
    (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.

(Added Pub. L. 95-454, title IV, Sec. 405(a), Oct. 13, 1978, 92 Stat. 
1167; amended Pub. L. 98-615, title III, Sec. 306(b)(2), Nov. 8, 1984, 
98 Stat. 3220.)


                               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''.


                    Effective Date of 1984 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in section 3393a of this title.
