Page:United States Statutes at Large Volume 117.djvu/1661

 117 STAT. 1642

PUBLIC LAW 108–136—NOV. 24, 2003

‘‘CHAPTER 54—HUMAN CAPITAL PERFORMANCE FUND ‘‘Sec. ‘‘5401. ‘‘5402. ‘‘5403. ‘‘5404. ‘‘5405. ‘‘5406. ‘‘5407. ‘‘5408.

Purpose. Definitions. Human Capital Performance Fund. Human capital performance payments. Regulations. Agency plan. Nature of payment. Appropriations.

‘‘§ 5401. Purpose ‘‘The purpose of this chapter is to promote, through the creation of a Human Capital Performance Fund, greater performance in the Federal Government. Monies from the Fund will be used to reward agencies’ highest performing and most valuable employees. This Fund will offer Federal managers a new tool to recognize employee performance that is critical to the achievement of agency missions. ‘‘§ 5402. Definitions ‘‘For the purpose of this chapter— ‘‘(1) ‘agency’ means an Executive agency under section 105, but does not include the General Accounting Office; ‘‘(2) ‘employee’ includes— ‘‘(A) an individual paid under a statutory pay system defined in section 5302(1); ‘‘(B) a prevailing rate employee, as defined in section 5342(a)(2); and ‘‘(C) a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403(b)(1); but does not include— ‘‘(i) an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law; ‘‘(ii) a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system; ‘‘(iii) an administrative law judge paid under section 5372; ‘‘(iv) a contract appeals board member paid under section 5372a; ‘‘(v) an administrative appeals judge paid under section 5372b; and ‘‘(vi) an individual in a position which is excepted from the competitive service because of its confidential, policydetermining, policy-making, or policy-advocating character; and ‘‘(3) ‘Office’ means the Office of Personnel Management. Establishment.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

‘‘§ 5403. Human Capital Performance Fund ‘‘(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

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