12 2 STA T .356PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (i)AD D IT I ONALPR O V I S IONS RE LATIN G TO PERSONNEL M ANAGE -M ENT .— ‘‘( 1 ) Subject t o t h e r e q uire m e n t s o f ch ap ter 7 1an d the l imitations in subsection (b)( 3 ) , the Secretar y of D efense, in establishin g and implementing the N ational Security Personnel System under subsection (a), shall not be limited by any pro v i- sion of this title or any rule or regulation prescribed under this title in establishing and implementing regulations relating to— ‘‘(A) the methods of establishing qualification require- ments for, recruitment for, and appointments to positions
and ‘‘( B ) the methods of assigning, reassigning, detailing, transferring, or promoting employees. ‘‘( 2 ) I n implementing this subsection, the Secretary shall comply w ith the provisions of section 23 0 2(b)(11), regarding veterans ’ preference requirements, as provided for in subsection (b)(3). ‘‘(j) P H ASE-IN.— T he Secretary may not, in any calendar year, add any organi z ational or functional unit to the National Security Personnel System which would cause the total number of employees added to such System in such year to e x ceed 100,000.’’. (b) IM P LEMENTATION.— (1) The requirements of section 9 902 of title 5 , U nited States C ode, as amended by this section, may be implemented through rules promulgated jointly by the Secretary of Defense and the Director of the O ffice of Personnel Management after notice and opportunity for public comment or through Depart- ment of Defense rules or internal agency implementing issuances. Rules promulgated jointly by the Secretary and the Director under this paragraph shall be treated as major rules for the purposes of section 8 01 of title 5, United States Code. (2) Both rules and implementing issuances shall be subject to collective bargaining consistent with the requirements of chapter 71 of title 5, United States Code. Rules promulgated jointly by the Secretary of Defense and the Director of the Office of Personnel Management after notice and opportunity for public comment and in accordance with the requirements of section 801 of such title 5 for a major rule shall be treated in the same manner as government-wide rules for the purpose of such collective bargaining, if such rules are uniformly applicable to all organizational or functional units included in the National Security Personnel System. (3) Any rules and implementing issuances that were adopted prior to the date of the enactment of this Act— (A) shall be invalid to the extent that they are incon- sistent with the requirements of section 9902 of title 5, United States Code, as amended by this section; (B) shall not supersede a collective bargaining agree- ment that was in place prior to the date on which the rule or implementing issuance was promulgated; and (C) shall be subject to collective bargaining— (i) in the case of rules which are uniformly applicable to all organizational or functional units included in the National Security Personnel System and issued jointly by the Secretary of Defense and the Director of the Office of Personnel Management Regulations.N oti f i c ation. P u b lic co m ment.
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