Page:United States Statutes at Large Volume 103 Part 2.djvu/747

 PUBLIC LAW 101-194—NOV. 30, 1989 103 STAT. 1757 established under section 5382. If the board is recommending that the career appointee be conditionally recertified, the board may recommend that the career appointee's pay be reduced to the next lower rate established under section 5382. The board shall also provide to the appointing authority the recommendation and other information received under subsection fla). "(2) More than one-half of the members of a performance review board under this section shall consist of career appointees. 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)(1) If the appointing authority determines that the career appointee's performance during the preceding 3 years demonstrates the excellence expected of a senior executive, the appointing author- ity shall recommend to the head of the agency that the career appointee be recertified as a senior executive. "(2) If the appointing authority determines that the career ap- pointee's performance has not demonstrated the excellence expected of a senior executive, the appointing authority shall recommend to the head of the agency that the career appointee be conditionally recertified as a senior executive or not be recertified as a senior executive. "(e)(1) If the head of the agency decides that the career appointee's performance warrants recertification as a senior executive, the career appointee shall continue in the Senior Executive Service. If a career appointee is recertified as a senior executive, the career appointee's rate of basic pay may not be reduced at the time of recertification. "(2) If the head of the agency decides that the career appointee's performance does not warrant full recertification, but does warrant conditional recertification, the career appointee— "(A) shall remain a career appointee in the Senior Executive Service; "(B) shall be subject to continuing close review of the career appointee's performance by the supervising official in coordina- tion with an executive resources board established under sec- tion 3393, in accordance with a performance improvement plan developed by the supervising official and subject to the approval of the executive resources board; "(C) may, if the head of the agency so determines, be reduced to the next lower rate of basic pay established under section 5382; and "(D) shall be removed from the Senior Executive Service if the career appointee is not recertified as a senior executive at the end of the 12-month period following the conditional recertification. If, at the end of the 12-month period following the conditional recertification, the career appointee is recertified as a senior execu- tive, any reduction that was made in the career appointee's rate of basic pay under subparagraph (C) shall be restored prospectively. "(3) If the head of the agency decides that the career appointee's performance does not demonstrate that the career appointee quali- fies for recertification or conditional recertification as a senior executive, the career appointee shall be removed from the Senior Executive Service in accordance with section 3592.

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