Page:United States Statutes at Large Volume 118.djvu/494

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

118 STAT. 464 PUBLIC LAW 108–201—FEB. 24, 2004 ‘‘(g) Whenever the Administration submits its performance plan under section 1115 of title 31 to the Office of Management and Budget for any year, the Administration shall at the same time submit a copy of such plan to the appropriate committees of Con gress. ‘‘(h) Not later than 6 years after the date of enactment of this chapter, the Administrator shall submit to the appropriate committees of Congress an evaluation and analysis of the actions taken by the Administration under this chapter, including— ‘‘(1) an evaluation, using the methods described in sub section (b)(7), of whether the authorities exercised under this chapter successfully addressed each critical need identified under subsection (b)(1); ‘‘(2) to the extent that they did not, an explanation of the reasons why any critical need (apart from the ones under subsection (b)(3)) was not successfully addressed; and ‘‘(3) recommendations for how the Administration could address any remaining critical need and could prevent those that have been addressed from recurring. ‘‘(i) The budget request for the Administration for the first fiscal year beginning after the date of enactment of this chapter and for each fiscal year thereafter shall include a statement of the total amount of appropriations requested for such fiscal year to carry out this chapter. ‘‘§ 9803. Restrictions ‘‘(a) None of the workforce authorities made available under this chapter may be exercised with respect to any officer who is appointed by the President, by and with the advice and consent of the Senate. ‘‘(b) Unless specifically stated otherwise, all workforce authori ties made available under this chapter shall be subject to section 5307. ‘‘(c)(1) None of the workforce authorities made available under section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, or 9815 may be exercised with respect to a political appointee. ‘‘(2) For purposes of this subsection, the term ‘political appointee’ means an employee who holds— ‘‘(A) a position which has been excepted from the competi tive service by reason of its confidential, policy determining, policy making, or policy advocating character; or ‘‘(B) a position in the Senior Executive Service as a non career appointee (as such term is defined in section 3132(a)). ‘‘§ 9804. Recruitment, redesignation, and relocation bonuses ‘‘(a) Notwithstanding section 5753, the Administrator may pay a bonus to an individual, in accordance with the workforce plan and subject to the limitations in this section, if— ‘‘(1) the Administrator determines that the Administration would be likely, in the absence of a bonus, to encounter dif ficulty in filling a position; and ‘‘(2) the individual— ‘‘(A) is newly appointed as an employee of the Federal Government; ‘‘(B) is currently employed by the Federal Government and is newly appointed to another position in the same geographic area; or