---
kind: "section"
citation: "5 U.S.C. § 9802"
title: "5"
title_heading: "Government Organization and Employees"
number: "9802"
heading: "Planning, notification, and reporting requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/9802"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 98 — National Aeronautics and Space Administration"
---

# §9802. Planning, notification, and reporting requirements

- (a) Not later than 90 days before exercising any of the workforce [authorities](/usc/5/7103.md?p=a-6) made available under this chapter, the [Administrator](/usc/5/9801.md?p=2) shall submit a written plan to the [appropriate committees of Congress](/usc/5/9801.md?p=6). Such plan shall be approved by the [Office](/usc/5/5402.md?p=3) of Personnel Management.
- (b) A [workforce plan](/usc/5/9801.md?p=5) shall include a description of—
  - (1) each [critical need](/usc/5/9801.md?p=3) of the [Administration](/usc/5/9801.md?p=1) and the criteria used in the identification of that need;
  - (2)
    - (A) the functions, approximate number, and classes or other categories of [positions](/usc/5/5102.md?p=a-3) or [employees](/usc/5/4701.md?p=a-2) that—
      - (i) address [critical needs](/usc/5/9801.md?p=3); and
      - (ii) would be [eligible](/usc/5/4701.md?p=a-3) for each [authority](/usc/5/7103.md?p=a-6) proposed to be exercised under this chapter; and
    - (B) how the exercise of those [authorities](/usc/5/7103.md?p=a-6) with respect to the [eligible](/usc/5/4701.md?p=a-3) [positions](/usc/5/5102.md?p=a-3) or [employees](/usc/5/4701.md?p=a-2) involved would address each [critical need](/usc/5/9801.md?p=3) identified under [paragraph (1)](#b-1);
  - (3)
    - (A) any [critical need](/usc/5/9801.md?p=3) identified under [paragraph (1)](#b-1) which would not be addressed by the [authorities](/usc/5/7103.md?p=a-6) made available under this chapter; and
    - (B) the reasons why those needs would not be so addressed;
  - (4) the specific criteria to be used in determining which individuals may receive the benefits described under sections [9804](/usc/5/9804.md) and [9805](/usc/5/9805.md) (including the criteria for granting bonuses in the absence of a [critical need](/usc/5/9801.md?p=3)), and how the level of those benefits will be determined;
  - (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](/usc/5/8401.md?p=29) principles;
  - (6) the means by which [employees](/usc/5/4701.md?p=a-2) will be afforded the notification required under subsections [(c)](#c) and [(d)(1)(B)](#d-1-B);
  - (7) the methods that will be used to determine if the [authorities](/usc/5/7103.md?p=a-6) exercised under this chapter have successfully addressed each [critical need](/usc/5/9801.md?p=3) identified under [paragraph (1)](#b-1);
  - (8)
    - (A) the recruitment methods used by the [Administration](/usc/5/9801.md?p=1) before the enactment of this chapter to recruit highly qualified individuals; and
    - (B) the changes the [Administration](/usc/5/9801.md?p=1) will implement after the enactment of this chapter in order to improve its recruitment of highly qualified individuals, including how it intends to use—
      - (i) nongovernmental recruitment or placement [agencies](/usc/5/3132.md?p=a-1); and
      - (ii) Internet technologies; and
  - (9) any workforce-related reforms required to resolve the findings and recommendations of the Columbia Accident Investigation [Board](/usc/5/8401.md?p=5), 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](/usc/5/7103.md?p=a-6) made available under this chapter, the [Administrator](/usc/5/9801.md?p=2) shall provide to all [employees](/usc/5/4701.md?p=a-2) the [workforce plan](/usc/5/9801.md?p=5) and any additional information which the [Administrator](/usc/5/9801.md?p=2) considers appropriate.
- (d)
  - (1)
    - (A) The [Administrator](/usc/5/9801.md?p=2) may from time to time modify the [workforce plan](/usc/5/9801.md?p=5). Any modification to the [workforce plan](/usc/5/9801.md?p=5) shall be submitted to the [Office](/usc/5/5402.md?p=3) of Personnel Management for approval by the [Office](/usc/5/5402.md?p=3) before the modification may be implemented.
    - (B) Not later than 60 days before implementing any such modifications, the [Administrator](/usc/5/9801.md?p=2) shall provide an appropriately modified plan to all [employees](/usc/5/4701.md?p=a-2) of the [Administration](/usc/5/9801.md?p=1) and to the [appropriate committees of Congress](/usc/5/9801.md?p=6).
  - (2) Any reference in this chapter or any other provision of law to the [workforce plan](/usc/5/9801.md?p=5) shall be considered to include any modification made in accordance with this subsection.
- (e) Before submitting any written plan under [subsection (a)](#a) (or modification under [subsection (d)](#d)) to the [Office](/usc/5/5402.md?p=3) of Personnel Management, the [Administrator](/usc/5/9801.md?p=2) shall—
  - (1) provide to each [employee](/usc/5/4701.md?p=a-2) representative representing any [employees](/usc/5/4701.md?p=a-2) who might be affected by such plan (or modification) 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)](#e-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](/usc/5/7103.md?p=a-6) made available under this chapter may be exercised in a manner inconsistent with the [workforce plan](/usc/5/9801.md?p=5).
- (g) Whenever the [Administration](/usc/5/9801.md?p=1) submits its performance plan under [section 1115 of title 31](/usc/31/1115.md) to the [Office](/usc/5/5402.md?p=3) of Management and Budget for any year, the [Administration](/usc/5/9801.md?p=1) shall at the same time submit a copy of such plan to the [appropriate committees of Congress](/usc/5/9801.md?p=6).
- (h) Not later than 6 years after the date of enactment of this chapter, the [Administrator](/usc/5/9801.md?p=2) shall submit to the [appropriate committees of Congress](/usc/5/9801.md?p=6) an evaluation and analysis of the actions taken by the [Administration](/usc/5/9801.md?p=1) under this chapter, including—
  - (1) an evaluation, using the methods described in [subsection (b)(7)](#b-7), of whether the [authorities](/usc/5/7103.md?p=a-6) exercised under this chapter successfully addressed each [critical need](/usc/5/9801.md?p=3) identified under [subsection (b)(1)](#b-1);
  - (2) to the extent that they did not, an explanation of the reasons why any [critical need](/usc/5/9801.md?p=3) (apart from the ones under [subsection (b)(3)](#b-3)) was not successfully addressed; and
  - (3) recommendations for how the [Administration](/usc/5/9801.md?p=1) could address any remaining [critical need](/usc/5/9801.md?p=3) and could prevent those that have been addressed from recurring.
- (i) The budget request for the [Administration](/usc/5/9801.md?p=1) 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.

## Source credit

(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 462.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this chapter, referred to in subsecs. (h) and (i), is the date of enactment of Pub. L. 108–201, which was approved Feb. 24, 2004.