5 U.S.C. § 4305 — Regulations

Page 485 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4311 this Act [amending this section, sections 7511 and 7701 of this title, and enacting provisions set out as notes under this section and section 7501 of this title] shall become effective on the date of the enactment of this Act [Aug. 17, 1990], and, except as provided in section 2(c) [set out above], shall apply with respect to any ap- peal or other proceeding brought on or after such date.’’ 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. § 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 perform- ance appraisal system meets the requirements of this subchapter. (2) The Comptroller General shall from time to time review on a selected basis performance ap- praisal systems established under this sub- chapter to determine the extent to which any such system meets the requirements of this sub- chapter 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 imple- ment an appropriate system or to correct oper- ations under the system, and any such agency shall take any action so required. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 440; Pub. L. 95–454, title II, § 203(a), Oct. 13, 1978, 92 Stat. 1134.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2005. Sept. 30, 1950, ch. 1123, § 6, 64 Stat. 1099. In subsection (a)(1), the words ‘‘corresponding to an efficiency rating of ‘good’ under the Veterans’ Pref- erence Act of 1944, as amended, and under laws super- seded by this chapter’’ in clause (1) of former section 2005 are omitted, but are carried into section 3502. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Responsibilities of the Office of Personnel Management’’ for ‘‘Ratings for performance’’ in section catchline and in text sub- stituted provisions relating to the responsibilities of the Office of Personnel Management under this sub- chapter, for provisions relating to ratings for perform- ance. Statutory Notes and Related Subsidiaries 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. § 4305. Regulations The Office of Personnel Management may pre- scribe regulations to carry out the purpose of this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 441; Pub. L. 95–454, title II, § 203(a), Oct. 13, 1978, 92 Stat. 1134.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2006. Sept. 30, 1950, ch. 1123, § 7, 64 Stat. 1099. In subsection (c), the words ‘‘as a matter of right’’ are omitted as unnecessary. In subsection (d), the words ‘‘are entitled’’ are sub- stituted for ‘‘shall be afforded an opportunity’’. The word ‘‘considers’’ is substituted for ‘‘deems to be’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Regulations’’ for ‘‘Review of ratings’’ in section catchline and in text substituted provisions relating to regulations to carry out this subchapter, for provisions relating to review of ratings. Statutory Notes and Related Subsidiaries 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. [§§ 4306 to 4308. Omitted] Editorial Notes CODIFICATION Sections 4306 to 4308, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 441, 442, were omitted in the general revision of this chapter by the Civil Service Reform Act of 1978, Pub. L. 95–454, § 203(a), Oct. 13, 1978, 92 Stat. 1131. Section 4306 related to inspection of performance-rat- ing plans. Section 4307 related to prohibition of other rating procedures. Section 4308 related to regulations for administration of the chapter, and is covered by revised section 4305. SUBCHAPTER II—PERFORMANCE AP- PRAISAL IN THE SENIOR EXECUTIVE SERVICE § 4311. Definitions For the purpose of this subchapter, ‘‘agency’’, ‘‘senior executive’’, and ‘‘career appointee’’ have the meanings set forth in section 3132(a) of this title. (Added Pub. L. 95–454, title IV, § 405(a), Oct. 13, 1978, 92 Stat. 1167.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional 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.