Page:United States Statutes at Large Volume 123.djvu/2519

 123STA T . 2 49 9 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 last a p pl ied(or t h at w o u ld ha v e applied ) with respe c ttoa n e m plo y ee or position shall ta k e into account any modi f ications to such system pursuant to the provisions of su b sections (a) and (b) of section 9 9 02 of title 5,U nited S tates C ode, as amended by subsection (d) . (2) TRANSIT I O N PE RIO D APPOINT M ENTS. — Tothee x tent prac - ticable, any individual who, durin g the N S P S transition period, is appointed to any position within the D epartment of Defense which is sub j ect to the NSPS shall be subject to the statutory pay system and all other aspects of the personnel system to which such individual or position is to be converted in accord- ance with the re q uirements of paragraph ( 1 ). ( 3 ) TEMPORAR YC ONTIN U ATION O F NSPS.—Notwithstanding any other provision of this section, the National Security Per- sonnel System, as in effect on the day before the date of the enactment of this A ct, shall continue to apply with respect to any employees and positions remaining subject to the NSPS, in accordance with paragraph (1), during the NSPS transition period. ( 4 ) R ESTORATION OF FU L L ANNUAL PAY AD J USTMENTS UNDER NSPS PENDIN G ITS TERMINATION.—Notwithstanding subsection (b)(1)(A), section 9902(e)( 7 ) of title 5, United States Code, to the extent that it remains in force under paragraph (3), shall be applied by substituting ‘ ‘100 percent ’ ’ for ‘‘no less than 6 0 percent’’. (5) NSPS TRANSITION PERIOD DEFINED.— F or purposes of this subsection, the term ‘‘NSPS transition period’’ means the period beginning on the date of the enactment of this Act and ending on J anuary 1, 2012. (d) AUT H ORITY RELATING TO PERFORMANCE M ANAGEMENT AND W OR K FORCE I NCENTI V ES, H IRING FLE X I B ILITIES, AND TRAINING OF SUPERVISORS.—Section 9902 of title 5, United States Code, as amended by subsection (b)(1), is further amended by inserting before subsection (e) (as so redesignated by subsection (b)(1)( B )) the fol- lowing ‘‘(a) PERFORMANCE MANAGEMENT AND WORKFORCE INCEN- TIVES.—(1) The Secretary, in coordination with the Director, shall promulgate regulations providing for the following: ‘‘(A) A fair, credible, and transparent performance appraisal system for employees. ‘‘(B) A fair, credible, and transparent system for linking employee bonuses and other performance-based actions to performance appraisals of employees. ‘‘(C) A process for ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the appraisal period and setting timetables for review. ‘‘(D) Development of ‘performance assistance plans’ that are designed to give employees formal training, on-the-job training, counseling, mentoring, and other assistance. ‘‘(2) In developing the regulations required by this subsection, the Secretary, in coordination with the Director, may waive the requirements of chapters 43 (other than sections 4302 and 4303(e)) and the regulations implementing such chapters, to the extent necessary to achieve the objectives of this subsection. Waiver a utho rit y.R e g u l atio ns . Ap pli c a b ility. Applicability.