118 STAT. 475 PUBLIC LAW 108–201—FEB. 24, 2004 contribution in the new position will exceed that in the former position, before setting pay under this section. ‘‘(c) Pay as set under this section is basic pay for such purposes as pay set under section 5334. ‘‘(d) If the employee serves for at least 1 year in the position for which the pay determination under this section was made, or a successor position, the pay earned under such position may be used in succeeding actions to set pay under chapter 53. ‘‘(e) Before setting any employee’s pay under this section, the Administrator shall submit a plan to the Office of Personnel Management and the appropriate committees of Congress, that includes— ‘‘(1) criteria for approval of actions to set pay under this section; ‘‘(2) the level of approval required to set pay under this section; ‘‘(3) all types of actions and positions to be covered; ‘‘(4) the relationship between the exercise of authority under this section and the use of other pay incentives; and ‘‘(5) a process to evaluate the effectiveness of this section. ‘‘§ 9815. Reporting requirement ‘‘The Administrator shall submit to the appropriate committees of Congress, not later than February 28 of each of the next 6 years beginning after the date of enactment of this chapter, a report that provides the following: ‘‘(1) A summary of all bonuses paid under subsections (b) and (c) of section 9804 during the preceding fiscal year. Such summary shall include the total amount of bonuses paid, the total number of bonuses paid, the percentage of the amount of bonuses awarded to supervisors and management officials, and the average percentage used to calculate the total average bonus amount, under each of those subsections. ‘‘(2) A summary of all bonuses paid under subsections (b) and (c) of section 9805 during the preceding fiscal year. Such summary shall include the total amount of bonuses paid, the total number of bonuses paid, the percentage of the amount of bonuses awarded to supervisors and management officials, and the average percentage used to calculate the total average bonus amount, under each of those subsections. ‘‘(3) The total number of term appointments converted during the preceding fiscal year under section 9806 and, of that total number, the number of conversions that were made to address a critical need described in the workforce plan pursu ant to section 9802(b)(2). ‘‘(4) The number of positions for which the rate of basic pay was fixed under section 9807 during the preceding fiscal year, the number of positions for which the rate of basic pay under such section was terminated during the preceding fiscal year, and the number of times the rate of basic pay was fixed under such section to address a critical need described in the workforce plan pursuant to section 9802(b)(2). ‘‘(5) The number of scholarships awarded under section 9809 during the preceding fiscal year and the number of schol arship recipients appointed by the Administration during the preceding fiscal year. Deadline.
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