Page:United States Statutes at Large Volume 122.djvu/374

 12 2 STA T .35 1 PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 ‘ ‘ (F)theSoldi e ran d B iolo g i c al C he m ical Command ‘‘( G ) the N a v alSeaS ys tems Command Centers; ‘‘( H ) the Naval R esearch L a b oratory; ‘‘( I ) the Of fice of Naval Research; and ‘‘( J ) the A ir Force Research Laboratory . ‘‘(d) O THER N ONWAIV A BL E P ROVI S IONS. —T he other p rovisions of this part referred to in s u bsection (b)( 3 )( D ) are— ‘‘( 1 ) subparts A , B, E , G,andHofthispart;and ‘‘( 2 ) chapters 4 1,4 5 ,4 7, 55(e x cept subchapter V thereof, apart from section 5545b), 57, 5 9, 71, 72, 73, 75, 77, and 79, and this chapter. ‘‘(e) LI M ITATIONS RELATIN G TO PA Y .— ‘‘(1) Nothing in this section shall constitute authority to modify the pay of any employee w ho serves in an Executive Schedule position under subchapter II of chapter 53. ‘‘(2) Except as provided for in paragraph (1), the total amount in a calendar year of allowances, differentials, bonuses, awards, or other similar cash payments paid under this title to any employee who is paid under section 537 6 or 53 8 3or under title 1 0 or under other comparable pay authority estab - lished for payment of Department of Defense senior executive ore q uivalent employees may not exceed the total annual com- pensation payable to the Vice President under section 104 of title 3. ‘‘(3) To the maximum extent practicable, the rates of com- pensation for civilian employees at the Department of Defense shall be ad j usted at the same rate, and in the same proportion, as are rates of compensation for members of the uniformed services. ‘‘(4) To the maximum extent practicable, for fiscal years 2004 through 2012, the overall amount allocated for compensa- tion of the civilian employees of an organi z ational or functional unit of the Department of Defense that is included in the National Security Personnel System shall not be less than the amount that would have been allocated for compensation of such employees for such fiscal year if they had not been converted to the National Security Personnel System, based on, at a minimum— ‘‘(A) the number and mix of employees in such organizational or functional unit prior to the conversion of such employees to the National Security Personnel System; and ‘‘(B) adjusted for normal step increases and rates of promotion that would have been expected, had such employees remained in their previous pay schedule. ‘‘(5) To the maximum extent practicable, the regulations implementing the National Security Personnel System shall provide a formula for calculating the overall amount to be allocated for fiscal years after fiscal year 2012 for compensation of the civilian employees of an organization or functional unit of the Department of Defense that is included in the National Security Personnel System. The formula shall ensure that in the aggregate, employees are not disadvantaged in terms of the overall amount of pay available as a result of conversion to the National Security Personnel System, while providing flexibility to accommodate changes in the function of the organization, changes in the mix of employees performing those

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