Noncompliance notice— Not later than seven days after the head of an Executive agency (as defined in
section 105 of title 5, United States Code) or military department (as defined in section 102 of such title) determines that such Executive agency or military department, as applicable, is unable to comply with the requirement to employ the number of employees of the various classes recognized by chapter 51 of such title in accordance with section 3101 of such title, as amended by subsection (a), such head shall submit to the Committees on Appropriation of the House of Representatives and the Senate and each committee of Congress with jurisdiction over such Executive agency or military department a notice of such noncompliance, including an explanation of the reasons for such determination.