USC Chapter 101

in effect

5 U.S.C. § 10101 Definitions

For purposes of this chapter— (1) the term “Agency” means the Federal Emergency Management Agency; (2) the term “Administrator” means the Administrator of the Federal Emergency Management Agency; (3) the term “appropriate committees of Congress” has the meaning given the term in section 602 of the Post-Katrina Emergency Management Reform Act of 2006; (4) the term “Department” means the Department of Homeland Security; and (5) the term “Surge Capacity Force” refers to the Surge Capacity Force, described under section 624 of the Post-Katrina Emergency Management Reform Act of 2006.

5 U.S.C. § 10102 Strategic human capital plan

(a) Plan Development.—Not later than 6 months after the date of enactment of this chapter, the Administrator shall develop and submit to the appropriate committees of Congress a strategic human capital plan to shape and improve the workforce of the Agency. (b) Contents.—The strategic human capital plan shall include—(1) a workforce gap analysis, including an assessment of—(A) the critical skills and competencies that will be needed in the workforce of the Agency to support the mission and responsibilities of, and effectively manage, the Agency during the 10-year period beginning on the date of enactment of this chapter; (B) the skills and competencies of the workforce of the Agency on the day before the date of enactment of this chapter and projected trends in that workforce, based on expected losses due to retirement and other attrition; and (C) the staffing levels of each category of employee, including gaps in the workforce of the Agency on the day before the date of enactment of this chapter and in the projected workforce of the Agency that should be addressed to ensure that the Agency has continued access to the critical skills and competencies described in subparagraph (A); (2) a plan of action for developing and reshaping the workforce of the Agency to address the gaps in critical skills and competencies identified under paragraph (1)(C), including—(A) specific recruitment and retention goals, including the use of the bonus authorities under this chapter as well as other bonus authorities (including the program objective of the Agency to be achieved through such goals); (B) specific strategies for developing, training, deploying, compensating, and motivating and retaining the Agency workforce and its ability to fulfill the Agency’s mission and responsibilities (including the program objectives of the Department and the Agency to be achieved through such strategies); (C) specific strategies for recruiting individuals who have served in multiple State agencies with emergency management responsibilities; and (D) specific strategies for the development, training, and coordinated and rapid deployment of the Surge Capacity Force; and (3) a discussion that—(A) details the number of employees of the Department not employed by the Agency serving in the Surge Capacity Force and the qualifications or credentials of such individuals; (B) details the number of individuals not employed by the Department serving in the Surge Capacity Force and the qualifications or credentials of such individuals; (C) describes the training given to the Surge Capacity Force during the calendar year preceding the year of submission of the plan under subsection (c); (D) states whether the Surge Capacity Force is able to adequately prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; and (E) describes any additional authorities or resources necessary to address any deficiencies in the Surge Capacity Force. (c) Annual Updates.—Not later than May 1, 2007, and May 1st of each of the next 5 succeeding years, the Administrator shall submit to the appropriate committees of Congress an update of the strategic human capital plan, including an assessment by the Administrator, using results-oriented performance measures, of the progress of the Department and the Agency in implementing the strategic human capital plan.

5 U.S.C. § 10103 Career paths

(a) In General.—The Administrator shall—(1) ensure that appropriate career paths for personnel of the Agency are identified, including the education, training, experience, and assignments necessary for career progression within the Agency; and (2) publish information on the career paths described in paragraph (1). (b) Education, Training, and Experience.—The Administrator shall ensure that all personnel of the Agency are provided the opportunity to acquire the education, training, and experience necessary to qualify for promotion within the Agency, including, as appropriate, the opportunity to participate in the Rotation Program established under section 844 of the Homeland Security Act of 2002. (c) Policy.—The Administrator shall establish a policy for assigning Agency personnel to positions that provides for a balance between—(1) the need for such personnel to serve in career enhancing positions; and (2) the need to require service in a position for a sufficient period of time to provide the stability necessary—(A) to carry out the duties of that position; and (B) for responsibility and accountability for actions taken in that position.

5 U.S.C. § 10104 Recruitment bonuses

(a) In General.—The Administrator may pay a bonus to an individual in order to recruit the individual for a position within the Agency that would otherwise be difficult to fill in the absence of such a bonus. Upon completion of the strategic human capital plan, such bonuses shall be paid in accordance with that plan. (b) Bonus Amount.—(1) In general.—The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved. (2) Form of payment.—A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (c) Service Agreements.—Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Agency. The agreement shall include—(1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (d) Eligibility.—A bonus under this section may not be paid to an individual who is appointed to or holds—(1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. (e) Termination.—The authority to pay bonuses under this section shall terminate 5 years after the date of enactment of this chapter. (f) Reports.—(1) In general.—The Agency shall submit to the appropriate committees of Congress, annually for each of the 5 years during which this section is in effect, a report on the operation of this section. (2) Contents.—Each report submitted under this subsection shall include, with respect to the period covered by such report, a description of how the authority to pay bonuses under this section was used by the Agency, including—(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and (B) a determination of the extent to which such bonuses furthered the purposes of this section.

5 U.S.C. § 10105 Retention bonuses

(a) Authority.—The Administrator may pay, on a case-by-case basis, a bonus under this section to an employee of the Agency if—(1) the unusually high or unique qualifications of the employee or a special need of the Agency for the employee’s services makes it essential to retain the employee; and (2) the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—(A) the Federal service; or (B) for a different position in the Federal service. (b) Service Agreement.—Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Agency to complete a period of service with the Agency. Such agreement shall include—(1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination. (c) Bonus Amount.—(1) In general.—The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved. (2) Form of payment.—A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay. (d) Limitation.—A bonus under this section—(1) may not be based on any period of service which is the basis for a recruitment bonus under section 10104; (2) may not be paid to an individual who is appointed to or holds—(A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate; (B) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or (C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; and (3) upon completion of the strategic human capital plan, shall be paid in accordance with that plan. (e) Termination of Authority.—The authority to grant bonuses under this section shall expire 5 years after the date of enactment of this chapter. (f) Reports.—(1) In general.—The Office of Personnel Management shall submit to the appropriate committees of Congress, annually for each of the first 5 years during which this section is in effect, a report on the operation of this section. (2) Contents.—Each report submitted under this subsection shall include, with respect to the period covered by such report, a description of how the authority to pay bonuses under this section was used by the Agency, including, with respect to each such agency—(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and (B) a determination of the extent to which such bonuses furthered the purposes of this section.

5 U.S.C. § 10106 Quarterly report on vacancy rate in employee positions

(a) Initial Report.—(1) In general.—Not later than 3 months after the date of enactment of this chapter, the Administrator shall develop and submit to the appropriate committees of Congress a report on the vacancies in employee positions of the Agency. (2) Contents.—The report under this subsection shall include—(A) vacancies of each category of employee position; (B) the number of applicants for each vacancy for which public notice has been given; (C) the length of time that each vacancy has been pending; (D) hiring-cycle time for each vacancy that has been filled; and (E) a plan for reducing the hiring-cycle time and reducing the current and anticipated vacancies with highly-qualified personnel. (b) Quarterly Updates.—Not later than 3 months after submission of the initial report, and every 3 months thereafter until 5 years after the date of enactment of this chapter, the Administrator shall submit to the appropriate committees of Congress an update of the report under subsection (a), including an assessment by the Administrator of the progress of the Agency in filling vacant employee positions of the Agency.