PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1623
employees throughout the appraisal period, and setting timetables for review. ‘‘(G) Effective safeguards to ensure that the management 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 equitable method for appraising and compensating employees. ‘‘(c) PERSONNEL MANAGEMENT AT DEFENSE LABORATORIES.— (1) The National Security Personnel System shall not apply with respect to a laboratory under paragraph (2) before October 1, 2008, and shall apply on or after October 1, 2008, only to the extent that the Secretary determines that the flexibilities 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 Year 1995 (Public Law 103–337; 108 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 Research Development and Engineering Center; ‘‘(B) the Army Research Laboratory; ‘‘(C) the Medical Research and Materiel Command; ‘‘(D) the Engineer Research and Development Command; ‘‘(E) the Communications-Electronics Command; ‘‘(F) the Soldier and Biological Chemical Command; ‘‘(G) the Naval Sea Systems Command Centers; ‘‘(H) the Naval Research Laboratory; ‘‘(I) the Office of Naval Research; and ‘‘(J) the Air Force Research Laboratory. ‘‘(d) OTHER NONWAIVABLE PROVISIONS.—The other provisions of this part referred to in subsection (b)(3)(D) are (to the extent not otherwise specified in this title)— ‘‘(1) subparts A, B, E, G, and H of this part; and ‘‘(2) chapters 41, 45, 47, 55 (except subchapter V thereof, apart from section 5545b), 57, 59, 71, 72, 73, and 79, and this chapter. ‘‘(e) LIMITATIONS RELATING TO PAY.—(1) Nothing in this section shall constitute authority to modify the pay of any employee who serves in an Executive Schedule position under subchapter II of chapter 53. ‘‘(2) Except as provided for in paragraph (1), the total amount in a calendar year of allowances, differentials, bonuses, awards, or other similar cash payments paid under this title to any employee who is paid under section 5376 or 5383 or under title 10 or under other comparable pay authority established for payment of Department of Defense senior executive or equivalent employees may not exceed the total annual compensation payable to the Vice President under section 104 of title 3. ‘‘(3) To the maximum extent practicable, the rates of compensation for civilian employees at the Department of Defense shall be adjusted at the same rate, and in the same proportion, as are rates of compensation for members of the uniformed services.
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