5 U.S.C. § 4313

Criteria for performance appraisals

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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;(5) meeting affirmative action goals, achievement of equal employment opportunity requirements, and compliance with the merit systems principles set forth under section 2301 of this title; and(6) protecting whistleblowers, as described in section 4302(b)(2).(Added Pub. L. 95–454, title IV, § 405(a), Oct. 13, 1978, 92 Stat. 1168; amended Pub. L. 103–424, § 6, Oct. 29, 1994, 108 Stat. 4364; Pub. L. 115–91, div. A, title X, § 1097(d)(2), Dec. 12, 2017, 131 Stat. 1620.)Editorial NotesAmendments

2017—Par. (6). Pub. L. 115–91 added par. (6).

1994—Par. (5). Pub. L. 103–424 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “meeting affirmative action goals and achievement of equal employment opportunity requirements.”

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Nat'l Labor Relations Bd. v. Ohio New & Rebuilt Parts, Inc., 760 F.2d 1443 (6th Cir. 1985).

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Nat'l Labor Relations Bd. v. Ohio New & Rebuilt Parts, Inc., 760 F.2d 1443 (6th Cir. 1985). · cites it 2× “Respondents distort the significance of the first “Critical Element” and down play the importance of the other three elements.”

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