PCAP - Presidential Climate Action Project

3.2 Declaring that it is the responsibility of federal employers to protect the atmosphere asa global commons (or public trust) and incorporating that responsibility into performancestandards and ratings.Background. See subsection A above for the authority to declare the policy contemplated bythis proposal. The following addresses the President’s authority to establish performancestandards.Statutes. The performance appraisal system for federal employees is described in 5 U.S.C. §§4301-4305. All executive agencies are subject to the performance appraisal system described inthese provisions. 346 Each agency shall develop one or more performance appraisal systems.They are developed under regulations that Office of Personnel Management (OPM) prescribes.The systems include establishing performance standards on the basis of objective criteria andrecognizing and rewarding employees whose performance so warrants. 347 The OPM establishesthe performance standards which are based on objective criteria; provides technical assistance toagencies in the development of performance appraisal systems; and reviews each performanceappraisal system to determine whether it meets the requirements of this subchapter. 348Authority over the Agencies. The OPM is headed by a Director who is appointed by thePresident, by and with the advice and consent of the Senate. The term of office of any individualappointed as Director shall be 4 years. 349 The functions of the OPM Director indicate that thePresident has substantial authority over the appraisal system. The functions of the OPM Directorinclude “executing, administering, and enforcing the civil service rules and regulations of thePresident and the Office and the laws governing the civil service” and “aiding the President, asthe President may request, in preparing such civil service rules as the President prescribes, andotherwise advising the President on actions which may be taken to promote an efficient civilservice and a systematic application of the merit system principles, including recommendingpolicies relating to the selection, promotion, transfer, performance, pay, conditions of service,tenure, and separation of employees.” 350 The President’s authority is at its peak in regard to anentity such as the OPM. 351346 5 U.S.C. § 4301(1) (This does not include a Government corporation, the Central Intelligence Agency, theDefense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, or anyExecutive agency or unit thereof which is designated by the President and the principal function of which is theconduct of foreign intelligence or counterintelligence activities or the Government Accountability Office).347 Id. at § 4302(a); see also 5 U.S.C. § 4305. (The OPM may prescribe regulations to carry out the purpose of thissubchapter.)348 5 U.S.C. § 4304.349 Id. at. § 1101.350 Id. at. § 1103(a)(5), (7).351 See Boundaries Report, Chapter VI.CEES 93 | P age