123STA T . 2 508PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9‘ ‘ (B)the te rm ‘ li mite d time ap p o i n tee ’ mean s an ann u itant appointed under a temporar y appointment limited to 1 year or less . ‘‘( 2 ) T he head o f ana g en c y may w ai v e the application of su b- section (a) with respect to any annuitant who is employed in such agency as a limited time appointee , if the head of the agency determines that the employment of the annuitant is necessary to — ‘‘( A ) fulfill functions critical to the mission of the agency, or any component of that agency
‘‘(B) assist in the implementation or oversight of the Amer- ican R ecovery and Reinvestment Act of 2 0 0 9 ( P ublic L aw 111 –5 ) or the Troubled Asset Relief Program under title I of the E mergency Economic S tabili z ation Act of 200 8 (12 U .S. C . 5201 et se q .); ‘‘(C) assist in the development, management, or oversight of agency procurement actions; ‘‘( D ) assist the Inspector G eneral for that agency in the performance of the mission of that Inspector General; ‘‘(E) promote appropriate training or mentoring programs of employees; ‘‘( F ) assist in the recruitment or retention of employees; or ‘‘(G) respond to an emergency involving a direct threat to life of property or other unusual circumstances. ‘‘( 3 ) The head of an agency may not waive the application of subsection (a) with respect to an annuitant— ‘‘(A) for more than 520 hours of service performed by that annuitant during the period ending 6 months following the individual’s annuity commencing date; ‘‘(B) for more than 10 4 0 hours of service performed by that annuitant during any 12-month period; or ‘‘(C) for more than a total of 3120 hours of service performed by that annuitant. ‘‘(4)(A) The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies may not e x ceed 2.5 percent of the total number of full- time employees of that agency. ‘‘(B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Com- mittee on H omeland Security and Governmental Affairs of the Senate, the Committee on O versight and Government Reform of the House of Representatives, and the Office of Personnel M anage- ment— ‘‘(i) a report with an explanation that j ustifies the need for the waivers in excess of that percentage; and ‘‘(ii) not later than 180 days after submitting the report under clause (i), a succession plan. ‘‘(5)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection. ‘‘(B) Any regulations promulgated under subparagraph (A) may— ‘‘(i) provide standards for the maintenance and form of necessary records of employment under this subsection; Deadlin e .Suc ce s si o n p lan. R epo rt s. W ai v er aut h orit y . Deter m ination.
