---
kind: "section"
citation: "5 U.S.C. § 4312"
title: "5"
title_heading: "Government Organization and Employees"
number: "4312"
heading: "Senior Executive Service performance appraisal systems"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/4312"
units:
  - "Part III — Employees"
  - "Subpart C — Employee Performance"
  - "Chapter 43 — Performance Appraisal"
  - "Subchapter II — Performance Appraisal in the Senior Executive Service"
---

# §4312. Senior Executive Service performance appraisal systems

- (a) Each [agency](/usc/5/4301.md?p=1) shall, in accordance with standards established by the [Office](/usc/5/5402.md?p=3) of Personnel Management, develop one or more performance appraisal [systems](/usc/5/8401.md?p=29) designed to—
  - (1) permit the accurate evaluation of performance in any [position](/usc/5/5102.md?p=a-3) on the basis of criteria which are related to the [position](/usc/5/5102.md?p=a-3) and which specify the critical elements of the [position](/usc/5/5102.md?p=a-3);
  - (2) provide for systematic appraisals of performance of [senior executives](/usc/5/3132.md?p=a-3);
  - (3) encourage excellence in performance by [senior executives](/usc/5/3132.md?p=a-3); and
  - (4) provide a basis for making eligibility determinations for retention in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) and for [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) performance awards.
- (b) Each performance appraisal [system](/usc/5/8401.md?p=29) established by an [agency](/usc/5/4301.md?p=1) under [subsection (a)](#a) of this section shall provide—
  - (1) that, on or before the beginning of each rating period, performance requirements for each [senior executive](/usc/5/3132.md?p=a-3) in the [agency](/usc/5/4301.md?p=1) are established in consultation with the [senior executive](/usc/5/3132.md?p=a-3) and communicated to the [senior executive](/usc/5/3132.md?p=a-3);
  - (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](/usc/5/3132.md?p=a-3) in the [agency](/usc/5/4301.md?p=1) is provided a copy of the appraisal and rating under [section 4314 of this title](/usc/5/4314.md) and is given an opportunity to respond in writing and have the rating reviewed by an [employee](/usc/5/4301.md?p=2), or (with the consent of the [senior executive](/usc/5/3132.md?p=a-3)) a commissioned officer in the uniformed [services](/usc/5/8401.md?p=26) serving on active duty, in a higher level in the [agency](/usc/5/4301.md?p=1) before the rating becomes final.
- (c)
  - (1) The [Office](/usc/5/5402.md?p=3) shall review each [agency](/usc/5/4301.md?p=1)’s performance appraisal [system](/usc/5/8401.md?p=29) under this section, and determine whether the [agency](/usc/5/4301.md?p=1) performance appraisal [system](/usc/5/8401.md?p=29) meets the requirements of this subchapter.
  - (2) The Comptroller General shall from time to time review performance appraisal [systems](/usc/5/8401.md?p=29) under this section to determine the extent to which any such [system](/usc/5/8401.md?p=29) meets the requirements under this subchapter and shall periodically report its findings to the [Office](/usc/5/5402.md?p=3) and to each House of the Congress.
  - (3) If the [Office](/usc/5/5402.md?p=3) determines that an [agency](/usc/5/4301.md?p=1) performance appraisal [system](/usc/5/8401.md?p=29) does not meet the requirements under this subchapter (including regulations prescribed under [section 4315](/usc/5/4315.md)), the [agency](/usc/5/4301.md?p=1) shall take such corrective action as may be required by the [Office](/usc/5/5402.md?p=3).
- (d) A [senior executive](/usc/5/3132.md?p=a-3) may not appeal any appraisal and rating under any performance appraisal [system](/usc/5/8401.md?p=29) under this section.

## Source credit

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

## Notes

### 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 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.

### 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.