Page:United States Statutes at Large Volume 123.djvu/2520

 123STA T . 2 50 0 PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (3) ( A ) TheS e cr e ta r ym aye s ta bli sha fund, t o be k no w nas the ‘ D e p artment of Defense C i v ilian W orkforce I ncentive F und ’ (in this para g raph referred to as the ‘Fund’) . ‘‘( B ) The Fund shall consist of the following ‘‘(i) Amounts appropriated to the Fund. ‘‘(ii) Amounts available for compensation of employees that are transferred to the Fund. ‘‘(C) Amounts in the Fund shall be available for the following: ‘‘(i) Incentive payments for employees based on team or individual performance (which payments shall be in addition to basic pay). ‘‘(ii) Incentive payments to attract or retain employees with particular or superior q ualifications or abilities. ‘‘(D) The authority provided in this paragraph is in addition to, and does not supersede or replace, any authority or source of funding otherwise available to the Secretary to pay bonuses or make incentive payments to civilian employees of the Depart - ment. ‘‘( 4 )(A) Any action taken by the Secretary under this subsection, or to implement this subsection, shall be sub j ect to the requirements of subsection (c) and chapter 71 . ‘‘(B) Any rules or regulations promulgated pursuant to this subsection shall be deemed an agency rule or regulation under section 7117(a)( 2 ), and shall not be deemed a G overnment-wide rule or regulation under section 7117(a)(1). ‘‘(b) F LEXIB ILI T IE SR EL A TI NG T O A P POINT M ENTS. — (1) The Sec- retary, in coordination with the Director, shall promulgate regula- tions to redesign the procedures which are applied by the Depart- ment of Defense in making appointments to positions within the competitive service in order to— ‘‘(A) better meet mission needs ‘‘(B) respond to managers’ needs and the needs of applicants; ‘‘(C) produce high-quality applicants; ‘‘(D) support timely decisions; ‘‘( E ) uphold appointments based on merit system principles; and ‘‘(F) promote competitive job offers. ‘‘(2) In redesigning the process by which such appointments shall be made, the Secretary, in coordination with the Director, may waive the requirements of chapter 33, and the regulations implementing such chapter, to the e x tent necessary to achieve the objectives of this section, while providing for the following: ‘‘(A) Fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appoint- ments to positions. ‘‘(B) Fair and open competition and equitable treatment in the consideration and selection of individuals to positions. ‘‘(C) Fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, or promoting employees. ‘‘(3) In implementing this subsection, the Secretary shall comply with the provisions of section 23 0 2(b)(11), regarding veterans’ pref- erence requirements, in a manner consistent with that in which such provisions are applied under chapter 33. ‘‘(4)(A) Any action taken by the Secretary under this subsection, or to implement this subsection, shall be subject to the requirements of subsection (c) and chapter 71. Waiver a utho rit y.R e g u l atio ns .