Pilot program eligibility and program scope

(a) In general During the 5-year period beginning on the date that is 180 days after the date of enactment of this Act, the Director shall carry out a pilot program that establishes a performance-based pay structure for participating employees. (b) Participation (1) In general Subject to paragraph (2), the head of each Executive agency shall ensure that not less than 1 percent and not more than 10 percent of eligible employees of the Executive agency participate in the Program. (2) Opt-out (A) In general The head of an Executive agency may elect to not have the Executive agency participate in the Program if the head of the Executive agency determines that participation could pose risks to national security or public safety. (B) Transparency requirement If the head of an Executive agency determines that the Executive agency should not participate in the Program pursuant to subparagraph (A), the head of the Executive agency shall submit to the Director a written justification for the decision.