123STA T . 2 50 1 PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (B)Anyruleso rre g ul ati ons p ro m ulgate d pursuant to t h is se c tion shall b e deemed an agency rule or regulation under section 71 17(a)( 2 ) , and shall not be deemed a G o v ernment -w ide rule or regulation under section 7117(a)(1) . ‘‘(c) CRITE RI AFO R US EOF N E WP ERSO N NE L A U T H ORITIES. —I n establishing any new per f ormance management and wor k force incentive system under subsection (a) or utili z ing appointment fle x i- bilities under subsection (b), the S ecretary shall— ‘‘(1) adhere to merit principles set forth in section 2 30 1
‘‘(2) include a means for ensuring employee involvement (for bargaining unit employees, through their exclusive rep- resentatives) in the design and implementation of such system; ‘‘(3) provide for ade q uate training and retraining for super- visors, managers, and employees in the implementation and operation of such system; ‘‘( 4 ) develop— ‘‘(A) a comprehensive management succession program to provide training to employees to develop managers for the agency; and ‘‘(B) a program to provide training to supervisors on actions, options, and strategies a supervisor may use in administering such system; ‘‘( 5 ) include effective transparency and accountability meas- ures and safeguards to ensure that the management of such system is fair, credible, and equitable, including appropriate independent reasonableness reviews, internal assessments, and employee surveys; ‘‘( 6 ) utilize the annual strategic workforce plan, required by section 115b of title 10; and ‘‘(7) ensure that adequate agency resources are allocated for the design, implementation, and administration of such system. ‘‘(d) D E V ELO PM ENT OF T RAININ G PROGRAM FOR SUPERVISORS.— (1) The Secretary shall develop— ‘‘(A) a program to provide training to supervisors on use of the new authorities provided in this section, including the actions, options, and strategies a supervisor may use in— ‘‘(i) developing and discussing relevant goals and ob j ec- tives with the employee, communicating and discussing progress relative to performance goals and objectives, and conducting performance appraisals; ‘‘(ii) mentoring and motivating employees, and improving employee performance and productivity; ‘‘(iii) fostering a work environment characterized by fairness, respect, equal opportunity, and attention to the quality of the work of employees; ‘‘(iv) effectively managing employees with unacceptable performance; ‘‘(v) addressing reports of a hostile work environment, reprisal, or harassment of or by another supervisor or employee; and ‘‘(vi) otherwise carrying out the duties and responsibil- ities of a supervisor; ‘‘(B) a program to provide training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under subsections (b)(1) and (b)( 8 ) of such section), employee collective bargaining and
