118 STAT. 463 PUBLIC LAW 108–201—FEB. 24, 2004 ‘‘(5) the safeguards or other measures that will be applied to ensure that this chapter is carried out in a manner consistent with merit system principles; ‘‘(6) the means by which employees will be afforded the notification required under subsections (c) and (d)(1)(B); ‘‘(7) the methods that will be used to determine if the authorities exercised under this chapter have successfully addressed each critical need identified under paragraph (1); ‘‘(8)(A) the recruitment methods used by the Administration before the enactment of this chapter to recruit highly qualified individuals; and ‘‘(B) the changes the Administration will implement after the enactment of this chapter in order to improve its recruit ment of highly qualified individuals, including how it intends to use— ‘‘(i) nongovernmental recruitment or placement agen cies; and ‘‘(ii) Internet technologies; and ‘‘(9) any workforce related reforms required to resolve the findings and recommendations of the Columbia Accident Inves tigation Board, the extent to which those recommendations were accepted, and, if necessary, the reasons why any of those recommendations were not accepted. ‘‘(c) Not later than 60 days before first exercising any of the workforce authorities made available under this chapter, the Administrator shall provide to all employees the workforce plan and any additional information which the Administrator considers appropriate. ‘‘(d)(1)(A) The Administrator may from time to time modify the workforce plan. Any modification to the workforce plan shall be submitted to the Office of Personnel Management for approval by the Office before the modification may be implemented. ‘‘(B) Not later than 60 days before implementing any such modifications, the Administrator shall provide an appropriately modified plan to all employees of the Administration and to the appropriate committees of Congress. ‘‘(2) Any reference in this chapter or any other provision of law to the workforce plan shall be considered to include any modi fication made in accordance with this subsection. ‘‘(e) Before submitting any written plan under subsection (a) (or modification under subsection (d)) to the Office of Personnel Management, the Administrator shall— ‘‘(1) provide to each employee representative representing any employees who might be affected by such plan (or modifica tion) a copy of the proposed plan (or modification); ‘‘(2) give each representative 30 calendar days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the proposed plan (or modification); and ‘‘(3) give any recommendations received from any such representatives under paragraph (2) full and fair consideration in deciding whether or how to proceed with respect to the proposed plan (or modification). ‘‘(f) None of the workforce authorities made available under this chapter may be exercised in a manner inconsistent with the workforce plan.
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