§5403 — Title 5 Government Organization and Employees | U.S. Code

Summary

Creates the Human Capital Performance Fund and lets the Office run it for this chapter. Agencies must submit a plan under section 5406 and get the Office’s approval to be considered for money. After removing the amount set aside for training under section 5408, 90% of the rest may be given to agencies based on their share of Executive branch payroll, but no agency can get more than its payroll share. If an agency does not take its full share, the leftover can be given to others. Ten percent of the remaining funds, plus any unclaimed shares from agencies without approved plans, will be reserved for agencies with exceptionally high-quality plans; those agencies can get extra money beyond their payroll share. Agencies must give the Office the payroll data it asks for.

Title 5, §5403

Government Organization and Employees — Source: USLM XML via OLRC

(a)There is hereby established the Human Capital Performance Fund, to be administered by the Office for the purpose of this chapter.

(b)(1)(A)An agency shall submit a plan as described in section 5406 to be eligible for consideration by the Office for an allocation 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5403, added Pub. L. 95–454, title V, § 501, Oct. 13, 1978, 92 Stat. 1182; amended Pub. L. 98–615, title II, § 201(a), Nov. 8, 1984, 98 Stat. 3209; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(C)], Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L. 102–378, § 2(38), Oct. 2, 1992, 106 Stat. 1351, related to general pay increases, prior to repeal by Pub. L. 103–89, § 3(a)(1), (c), Sept. 30, 1993, 107 Stat. 981, 983, eff. Nov. 1, 1993.

§5403 Human Capital Performance Fund

Summary

Title 5, §5403

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata