Page:United States Statutes at Large Volume 116 Part 3.djvu/638

 116 STAT. 2230 PUBLIC LAW 107-296—NOV. 25, 2002 "§9701. Establishment of human resources management system "(a) IN GENERAL.—Notwithstanding any other provision of this part, the Secretary of Homeland Security may, in regulations prescribed jointly with the Director of the Office of Personnel Management, establish, and from time to time adjust, a human resources management system for some or all of the organizational units of the Department of Homeland Security. "(b) SYSTEM REQUIREMENTS.—Any system established under subsection (a) shall— ^ "(1) be flexible; "(2) be contemporary; "(3) not waive, modify, or otherwise affect— "(A) the public employment principles of merit and fitness set forth in section 2301, including the principles of hiring based on merit, fair treatment without regard to political affiliation or other nonmerit considerations, equal pay for equal work, and protection of employees against reprisal for whistleblowing; "(B) any provision of section 2302, relating to prohibited personnel practices; "(C)(i) any provision of law referred to in section 2302(b)(1), (8), and (9); or "(ii) any provision of law implementing any provision of law referred to in section 2302(b)(1), (8), and (9) by— "(I) providing for equal employment opportunity through affirmative action; or "(II) providing any right or remedy available to any employee or applicant for employment in the civil service; "(D) any other provision of this part (as described in subsection (c)); or "(E) any rule or regulation prescribed under any provision of law referred to in any of the preceding subparagraphs of this paragraph; "(4) ensure that employees may organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which afiect them, subject to any exclusion from coverage or limitation on negotiability established by law; and "(5) permit the use of a category rating system for evaluating applicants for positions in the competitive service. "(c) OTHER NONWAIVABLE PROVISIONS.— The other provisions of this part as referred to in subsection (b)(3)(D), are (to the extent not otherwise specified in subparagraph (A), (B), (C), or (D) of subsection (b)(3))— "(1) subparts A, B, E, G, and H of this part; and "(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and this chapter. "(d) LIMITATIONS RELATING TO PAY.— Nothing in this section shall constitute authority— "(1) to modify the pay of any employee who serves in— "(A) an Executive Schedule position under subchapter II of chapter 53 of title 5, United States Code; or "(B) a position for which the rate of basic pay is fixed in statute by reference to a section or level under subchapter II of chapter 53 of such title 5;

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