(B) be represented by an attorney or other representative; (i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and (ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action. (2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management. (c) The decision to retain, reduce in grade, or remove an employee(1) shall be made within 30 days after the date of expiration of the notice period, and (2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee— (A) which occurred during the 1-year period ending on the date of the notice under subsection (b) (1) (A) of this section in connection with the decision; and (B) for which the notice and other requirements of this section are complied with. (d) If, because of performance improvement by the employee during the notice period, the employee is not reduced in grade or removed, and the employee's performance continues to be acceptable for 1 year from the date of the advance written notice provided under subsection (b) (1) (A) of this section, any entry or other notation of the unacceptable performance for which the action was proposed under this section shall be removed from any agency record relating to the employee. (e) Any employee who is a preference eligible or is in the competitive service and who has been reduced in grade or removed under this section is entitled to appeal the action to the Merit Systems Protection Board under section 7701 of this title. (f) This section does not apply to (1) the reduction to the grade previously held of a supervisor or manager who has not completed the probationary period under section 3321 (a) (2) of this title, (2) the reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment or who has not completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less, or (3) the reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1133.) § 4304. Responsibilities of the Office of Personnel Management (a) The Office of Personnel Management shall make technical assistance available to agencies in the development of performance appraisal systems. (b) (1) The Office shall review each performance appraisal system developed by any agency under this section and determine whether the performance appraisal system meets the requirements of this subchapter. (2) The Comptroller General shall from time to time review on a selected basis performance appraisal systems established under this subchapter to determine the extent to which any such system meets the requirements of this subchapter and shall periodically report its findings to the Office and to the Congress. (3) If the Office determines that a system does not meet the requirements of this subchapter (including regulations prescribed under section 4305), the Office shall direct the agency to implement an appropriate system or to correct operations under the system, and any such agency shall take any action so required. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1134.) § 4305. Regulations The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1134.) UBCHAPTER II-PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE 4311. Definitions For the purpose of this subchapter, "agency", "senior executive", nd "career appointee" have the meanings set forth in section 3132(a) f this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1167.) 4312. Senior Executive Service performance appraisal systems (a) Each agency shall, in accordance with standards established by he Office of Personnel Management, develop one or more performance ppraisal 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 inder 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 in a higher executive level in the agency before the rating becomes final. (c) (1) The Office shall review each agency's performance appraisal ystem under this section, and determine whether the agency performnce appraisal system meets the requirements of this subchapter. (2) The Comptroller General shall from time to time review perormance appraisal systems under this section to determine the extent o which any such system meets the requirements under this subchaper 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. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1167.) § 4313. Criteria for performance appraisals Appraisals of performance in the Senior Executive Service shall be based on both individual and organizational performance, taking into account such factors as (1) improvements in efficiency, productivity, and quality of work or service, including any significant reduction in paperwork; (2) cost efficiency; (3) timeliness of performance; (4) other indications of the effectiveness, productivity, and performance quality of the employees for whom the senior executive is responsible; and (5) meeting affirmative action goals and achievement of equal employment opportunity requirements. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1168.) § 4314. Ratings for performance appraisals (a) Each performance appraisal system shall provide for annual summary ratings of levels of performance as follows: (1) one or more fully successful levels, (2) a minimally satisfactory level, and (3) an unsatisfactory level. (b) Each performance appraisal system shall provide that— (1) any appraisal and any rating under such system (A) are made only after review and evaluation by a performance review board established under subsection (c) of this section; (B) are conducted at least annually, subject to the limitation of subsection (c) (3) of this section; (C) in the case of a career appointee, may not be made within 120 days after the beginning of a new Presidential administration; and (D) are based on performance during a performance appraisal period the duration of which shall be determined under guidelines established by the Office of Personnel Management, but which may be terminated in any case in which the agency making the appraisal determines that an adequate basis exists on which to appraise and rate the senior executive's perform ance; (2) any career appointee receiving a rating at any of the fully successful levels under subsection (a)(1) of this section may be given a performance award under section 5384 of this title; (3) any senior executive receiving an unsatisfactory rating under subsection (a)(3) of this section shall be reassigned or transferred within the Senior Executive Service, or removed from the Senior Executive Service, but any senior executive who receives 2 unsatisfactory ratings in any period of 5 consecutive years shall be removed from the Senior Executive Service; and (4) any senior executive who twice in any period of 3 consecutive years receives less than fully successful ratings shall be removed from the Senior Executive Service. (c) (1) Each agency shall establish, in accordance with regulations prescribed by the Office, one or more performance review boards, as appropriate. It is the function of the boards to make recommendations to the appropriate appointing authority of the agency relating to the performance of senior executives in the agency. (2) The supervising official of the senior executive shall provide to the performance review board, an initial appraisal of the senior executive's performance. Before making any recommendation with respect to the senior executive, the board shall review any response by the senior executive to the initial appraisal and conduct such further review as the board finds necessary. (3) Performance appraisals under this subchapter with respect to any senior executive shall be made by the appointing authority only after considering the recommendations by the performance review board with respect to such senior executive under paragraph (1) of this subsection. (4) Members of performance review boards shall be appointed in such a manner as to assure consistency, stability, and objectivity in performance appraisal. Notice of the appointment of an individual to serve as a member shall be published in the Federal Register. (5) In the case of an appraisal of a career appointee, more than onehalf of the members of the performance review board shall consist of career appointees. The requirement of the preceding sentence shall not apply in any case in which the Office determines that there exists an insufficient number of career appointees available to comply with the requirement. (d) The Office shall include in each report submitted to each House of the Congress under section 3135 of this title a report of— (1) the performance of any performance review board established under this section, (2) the number of individuals removed from the Senior Executive Service under subchapter V of chapter 35 of this title for less than fully successful executive performance, and (3) the number of performance awards under section 5384 of this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1169.) § 4315. Regulations The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1170.) |