PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1643
under this section. An allocation shall be made only upon approval by the Office of an agency’s plan. ‘‘(B)(i) After the reduction for training required under section 5408, ninety percent of the remaining amount appropriated to the Fund may be allocated by the Office to the agencies. Of the amount to be allocated, an agency’s pro rata distribution may not exceed its pro rata share of Executive branch payroll. ‘‘(ii) If the Office does not allocate an agency’s full pro rata share, the undistributed amount remaining from that share will become available for distribution to other agencies, as provided in subparagraph (C). ‘‘(C)(i) After the reduction for training under section 5408, ten percent of the remaining amount appropriated to the Fund, as well as the amount of the pro rata share not distributed because of an agency’s failure to submit a satisfactory plan, shall be allocated among agencies with exceptionally high-quality plans. ‘‘(ii) An agency with an exceptionally high-quality plan is eligible to receive an additional distribution in addition to its full pro rata distribution. ‘‘(2) Each agency is required to provide to the Office such payroll information as the Office specifies necessary to determine the Executive branch payroll. ‘‘§ 5404. Human capital performance payments ‘‘(a)(1) Notwithstanding any other provision of law, the Office may authorize an agency to provide human capital performance payments to individual employees based on exceptional performance contributing to the achievement of the agency mission. ‘‘(2) The number of employees in an agency receiving payments from the Fund, in any year, shall not be more than the number equal to 15 percent of the agency’s average total civilian fulland part-time permanent employment for the previous fiscal year. ‘‘(b)(1) A human capital performance payment provided to an individual employee from the Fund, in any year, shall not exceed 10 percent of the employee’s rate of basic pay. ‘‘(2) The aggregate of an employee’s rate of basic pay, adjusted by any locality-based comparability payments, and human capital performance pay, as defined by regulation, may not exceed the rate of basic pay for Executive Level IV in any year. ‘‘(3) Any human capital performance payment provided to an employee from the Fund is in addition to any annual pay adjustment (under section 5303 or any similar provision of law) and any localitybased comparability payment that may apply. ‘‘(c) No monies from the Human Capital Performance Fund may be used to pay for a new position, for other performancerelated payments, or for recruitment or retention incentives paid under sections 5753 and 5754. ‘‘(d)(1) An agency may finance initial human capital performance payments using monies from the Human Capital Performance Fund, as available. ‘‘(2) In subsequent years, continuation of previously awarded human capital performance payments shall be financed from other agency funds available for salaries and expenses. ‘‘§ 5405. Regulations ‘‘The Office shall issue such regulations as it determines to be necessary for the administration of this chapter, including the
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00595
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
�
