Page:United States Statutes at Large Volume 122.djvu/372

 12 2 STA T .349PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ (5)Ifaperson en ti t l e d to all or a portion of a deat hg rat u it y under paragraph ( 1 )or( 4 ) dies b efore the person re c ei v es the death gratuity , it shall be paid to the living sur - vivor ne x t in the order prescribed by paragraph (1) . ‘‘(e) DEFIN I T I O N S . — (1) T he ter m ‘contingency operation ’ has the meaning given to that term in section 14 82 a(c) of title 1 0, U nited S tates C ode. ‘‘(2) The term ‘employee’ has the meaning provided in section 8101 of this title, but also includes a nonappropriated fund instrumentality employee, as defined in section 158 7 (a)(1) of title 10.’’. (b) C L E R I CA L AM EN D MENT.—The table of sections at the begin- ning of chapter 81 of such title is amended by inserting after the item relating to section 8102 the follo w ing

‘ 8102a.De a thgr at ui t yfo ri nj urie s in c urre d in connection w ith e mpl oyee ’ s ser v ice with an A rmed F orce.’’. SEC.1 1 06 . MODIF IC AT IO N STOT H E NATIONA L SEC UR IT YP ERSONNEL SYSTEM. (a) IN G ENERAL.—Section 9 902 of title 5, United States Code, is amended to read as follows: ‘ ‘ §9 9 02.Establi s hmen t of h u man r esour c es mana g ement s y stem ‘‘(a) IN GENERAL.—The Secretary may, in regulations prescribed j ointly with the Director, establish, and from time to time adjust, a human resources management system for some or all of the organi z ational 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 ‘ N ational Security P ersonnel System’. ‘‘(b) S Y STEM R E QU IREMENTS.—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, e q ual pay for equal wor k , and protection of employees against reprisal for whistleblowing; ‘‘( B ) any provision of section 2302, relating to prohib- ited 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 provi- sion of law referred to in this paragraph;

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