§ 5384. Performance awards in the Senior Executive Service
(a)
(b)
(1)
No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointee’s most recent performance appraisal and rating under subchapter
II of chapter
43 of this title.
(2)
The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee’s rate of basic pay.
(c)
(1)
Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under section
4314 of this title.
(2)
not [1] less than a majority of the members of any review board referred to in paragraph (1) shall be career appointees whenever making recommendations under such paragraph with respect to a career appointee. The requirement of the preceding sentence shall not apply in any case in which the Office of Personnel Management determines that there exists an insufficient number of career appointees available to comply with the requirement.
(d)
The Office of Personnel Management may issue guidance to agencies concerning the proportion of Senior Executive Service salary expenses that may be appropriately applied to payment of performance awards and the distribution of awards.
[1] So in original. Probably should be capitalized.