12 2 STA T .35 2 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 functio n s,a n d ot her chan g ed circu m stances that might im p act pa yl e v els .‘ ‘ (6)A mounts allocated for compensation of civilian employees of the D epartment of Defense pursuant to para - graphs ( 4 )and( 5 ) shall b e available only for the purpose of providing such compensation. ‘‘( 7 ) At the time of any annual ad j ustment to pay schedules pursuant to section 5 30 3, the rate of basic pay for each employee of an organi z ational or functional unit of the Depart- ment of Defense that is included in the N ational S ecurity P ersonnel System w ho receives a performance rating above unacceptable or who does not have a current rating of record for the most recently completed appraisal period shall be adjusted by no less than 60 percent of the amount of such adjustment. T he balance of the amount that would have been available for an annual adjustment under section 5303 shall be allocated to pay pool funding, for the purpose of increasing rates of pay on the basis of employee performance. ‘‘( 8 ) E ach employee of an organizational or functional unit of the Department of Defense that is included in the National Security Personnel System who receives a performance rating above unacceptable or who does not have a current rating of record for the most recently completed appraisal period shall receive — ‘‘(A) locality-based comparability payments under sec- tion 5304 and section 5304a in the same manner and to the same e x tent as employees under the G eneral Schedule
or ‘‘( B ) the full measure of any other local mar k et supple- ment applicable to the employee if locality-based com- parability payments referred to in subparagraph (A) are not generally applicable to the employee. Nothing in this paragraph shall be construed to make locality- based comparability payments or other local market supple- ments payable to any category of employees or positions which were ineligible for such payments or supplements (as the case may be) as of the day before the date of the enactment of the National Defense Authorization Act for F iscal Y ear 2 004. ‘‘( 9 ) Any rate of pay established or adjusted in accordance with the re q uirements of this section shall be non-negotiable, but shall be subject to procedures and appropriate arrange- ments of paragraphs (2) and (3) of section 7 1 06(b), except that nothing in this paragraph shall be construed to eliminate the bargaining rights of any category of employees who were authorized to negotiate rates of pay as of the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004. ‘‘(f) P ROVIS IO N S REGA R D ING NA T IONA LL EVEL BARGAINING.— ‘‘(1) The Secretary may bargain with a labor organization which has been accorded exclusive recognition under chapter 71 at an organizational level above the level of exclusive rec- ognition. The decision to bargain above the level of exclusive recognition shall not be subject to review. The Secretary shall consult with the labor organization before determining the appropriate organizational level of bargaining. ‘‘(2) Any such bargaining shall— ‘‘(A) address issues that are—
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