Page:United States Statutes at Large Volume 117.djvu/1641

 117 STAT. 1622

PUBLIC LAW 108–136—NOV. 24, 2003

Director, establish, and from time to time adjust, a human resources management system for some or all of the organizational or functional units of the Department of Defense. The human resources management system established under authority of this section shall be referred to as the ‘National Security Personnel System’. ‘‘(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 public service; ‘‘(D) any other provision of this part (as described in subsection (d)); or ‘‘(E) any rule or regulation prescribed under any provision of law referred to in this paragraph; ‘‘(4) ensure that employees may organize, bargain collectively as provided for in this chapter, and participate through labor organizations of their own choosing in decisions which affect them, subject to the provisions of this chapter and any exclusion from coverage or limitation on negotiability established pursuant to law; ‘‘(5) not be limited by any specific law or authority under this title, or by any rule or regulation prescribed under this title, that is waived in regulations prescribed under this chapter, subject to paragraph (3); and ‘‘(6) include a performance management system that incorporates the following elements: ‘‘(A) Adherence to merit principles set forth in section 2301. ‘‘(B) A fair, credible, and transparent employee performance appraisal system. ‘‘(C) A link between the performance management system and the agency’s strategic plan. ‘‘(D) A means for ensuring employee involvement in the design and implementation of the system. ‘‘(E) Adequate training and retraining for supervisors, managers, and employees in the implementation and operation of the performance management system. ‘‘(F) A process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and

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