112 STAT. 2681-679 PUBLIC LAW 105-277—OCT. 21, 1998 (1) EVALUATIONS. —Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under such chapter for any rating period, or part thereof, that such employee is detailed to such office. (2) COMPENSATION. — (A) BONUS PAYMENTS. — Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office. (B) RESTRICTIONS. —An amount paid under this paragraph to an employee for any period— (i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and (ii) shall be in addition to the basic pay of such employee. (C) AGGREGATE AMOUNT.— The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule. (3) MAXIMUM NUMBER OF DETAILEES.—The maximum number of personnel who may be detailed to another department or agency (including the Office) under subsection (d)(2) during any fiscal year is— (A) for the Department of Defense, 50; and (B) for any other department or agency, 10. (f) FUND CONTROL NOTICES.— (1) IN GENERAL.—^A fund control notice may direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated by— (A) months, fiscal year quarters, or other time periods; and (B) activities, functions, projects, or object classes. (2) UNAUTHORIZED OBLIGATION OR EXPENDITURE PROHIB- ITED.— An officer or employee of a National Drug Control Program agency shall not make or authorize an expenditure or obligation contrary to a fund control notice issued by the Director. (3) DISCIPLINARY ACTION FOR VIOLATION. — In the case of a violation of paragraph (2) by an officer or employee of a National Drug Control Program agency, the head of the agency, upon the request of and in consultation with the Director, may subject the officer or employee to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office. (g) INAPPLICABILITY TO CERTAIN PROGRAMS.—The provisions of this section shall not apply to the National Foreign Intelligence Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out such program is designated as a National Drug Control Program agency by the President or jointly by the Director and the head of the agency.
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