5 U.S.C. § 5403 — Human Capital Performance Fund

(a) The Human Capital Performance Fund is established and will be administered by the Office for this chapter.
(b)(1)(A) An agency must submit a plan under section 5406 to be considered for an allocation. The Office may allocate money only after approving the plan.
(B)(i) After the training reduction required by section 5408, the Office may allocate 90 percent of the remaining Fund appropriation to agencies. An agency’s allocation may not exceed its pro rata share of Executive Branch payroll.
(ii) If the Office does not allocate the agency’s full pro rata share, the undistributed remainder is available for other agencies under subparagraph (C).
(C)(i) After the training reduction, the Office must allocate 10 percent of the remaining appropriation, plus any pro rata share not distributed because an agency failed to submit a satisfactory plan, among agencies with exceptionally high-quality plans.
(ii) Such an agency may receive this additional allocation as well as its full pro rata allocation.
(2) Each agency must provide the payroll information the Office specifies as necessary to determine Executive Branch payroll. This section does not define “pro rata.”