12 2 STA T .350PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 ‘ ‘ (4)notap p ly toanyp rev a i lin g rate e m ployee s, as d e f ined in se c tion 53 4 2 (a)(2)
‘‘(5) ens u ret h at employees may organi z e, b argain collec - tively, and participate through labor organizations of their o w n choosing in decisions which affect them, sub j ecttoanye x clusion from coverage or limitation on negotiability established pursu- ant to law; ‘‘( 6 ) 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 ‘‘( 7 ) include a performance management system that incor- porates the following elements
‘‘( A ) Adherence to merit principles set forth in section 23 01. ‘‘( B ) A fair, credible, and transparent employee performance appraisal system. ‘‘( C )Alin k 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 ) Ade q uate training and retraining for supervisors, managers, and employees in the implementation and oper- ation of the performance management system. ‘‘( F ) A process for ensuring ongoing performance feed- back and dialogue between supervisors, managers, and employees throughout the appraisal period, and setting timetables for review. ‘‘( G ) Effective safeguards to ensure that the manage- ment of the system is fair and equitable and based on employee performance. ‘‘( H ) A means for ensuring that adequate agency resources are allocated for the design, implementation, and administration of the performance management system. ‘‘( I ) A pay-for-performance evaluation system to better link individual pay to performance, and provide an equi- table method for appraising and compensating employees. ‘‘(c) PERSON NE LMA NA G E M EN T AT DE F ENSE L A B ORATOR I ES. — ‘‘(1) T he N ational S ecurity Personnel System shall not apply with respect to a laboratory under paragraph (2) before O ctober 1, 2011, and shall apply on or after October 1, 2011, only to the extent that the Secretary determines that the flexi- bilities provided by the National Security Personnel System are greater than the flexibilities provided to those laboratories pursuant to section 342 of the National Defense Authorization Act for Fiscal Y ear 1 9 95 (Public Law 103 – 337; 10 8 Stat. 2721) and section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U .S.C. 3104 note), respectively. ‘‘(2) The laboratories to which this subsection applies are— ‘‘(A) the Aviation and Missile R esearch Development and Engineering Center; ‘‘(B) the Army Research Laboratory; ‘‘(C) the Medical Research and Materiel Command; ‘‘(D) the Engineer Research and Development Com- mand; ‘‘(E) the Communications-Electronics Command; Ap p licab ili ty.
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