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 123STA T . 2 48 3 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(A)of f ersqualityp rofessio n al m ilitary b ilin g ual instru c tion for military officers an d noncommissioned offi - cers t h at promotes democracy , subordination to ci v ilian authority, and respect for human rights and ( B ) is uniquely positioned to support the moderni z ation of L atin America security forces as they w or k to transcend their own controversial pasts; ( 2 ) the W estern H emisphere I nstitute for S ecurity C oopera- tion is building partner capacity which enhances regional and global security while encouraging respect for human rights and promoting democratic principles among eligible military personnel, law enforcement officials, and civilians of nations of the Western Hemisphere; ( 3 ) the Western Hemisphere Institute for Security Coopera- tion is an invaluable education and training facility the cur- riculum of which is not duplicated in any of the military depart- ments and is not replaceable by professional military education funded by appropriations for International M ilitary E ducation and T raining, for which education is not conducted in Spanish and does not concentrate on regional challenges; and ( 4 ) the Western Hemisphere Institute for Security Coopera- tion is an essential tool to educate future generations of Latin American leaders and improve U nited States relationships with partner nations that are working with the United States to promote democracy, prosperity, and stability in the Western Hemisphere .TI T LEX I —C I V ILI ANP E RSO NNEL M ATTERS Subti t leA—P e rson nel Se c.1 1 0 1. Aut h orit y toe mp loy in d i v idu a ls completin g the N ational Security E du - cation Program. Sec. 110 2 . Authority f or employment by D epartment of Defense of individuals w ho have successfully completed the re q uirements of the science , mathe- matics, and research for transformation ( S M A RT) defense scholarship program. Sec. 110 3 . Authority for the employment of individuals who have successfully com- pleted the Department of Defense information assurance scholarship program. Sec. 110 4 . E x tension and modification of experimental personnel management pro- gram for scientific and technical personnel. Sec. 110 5 . Modification to Department of Defense laboratory personnel authority. Sec. 110 6 . O ne-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for F ederal civilian employees wor k ing overseas. Sec. 110 7 . Extension of certain benefits to Federal civilian employees on official duty in Pakistan. Sec. 110 8 . Requirement for Department of Defense strategic workforce plans. Sec. 110 9 . Ad j ustments to limitations on personnel and requirement for annual manpower reporting. Sec. 1110. Pilot program for the temporary exchange of information technology per- sonnel. Sec. 1111. Availability of funds for compensation of certain civilian employees of the Department of Defense. Sec. 1112. Department of defense civilian leadership program. Sec. 1113. Provisions relating to the National Security Personnel System. Sec. 1114. Provisions relating to the Defense C ivilian I ntelligence Personnel Sys- tem. Subtitle B —Provisions Relating to Reemployment of Annuitants Sec. 1121. Authority to expand scope of provisions relating to unreduced compensa- tion for certain reemployed annuitants.


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 123STA T . 2 48 4 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9Sec.1 1 2 2. Part- t im e reem ploy me n t. Sec. 112 3 . G o v ernment A cco u nta b ility Of fice report. Subti t leA—P e rson nel SEC.1 1 0 1. AUTHORI T Y TOE MPL OYI ND I V IDUALS COMPLETIN G THE NATIONAL SECURITY EDUCATION PROGRAM. Section802 o f t h e Dav i dL.B o r en N ationa l Sec u rit yE ducation A ct of 19 91 (5 0 U .S. C . 1902 ) i s a m ended b y addin g at the end the follo w ing new subsection

‘( k )E MPLOY M ENT O FPR O G R A M PART IC IPANT S . —T he Secretary of Defense , the Secretary of H omeland Security, the Secretary of State, or the head of a F ederal agency or office identified by the Secretary of Defense under subsection (g) as having national secu - rity res p onsibilities— ‘‘(1) may, without regard to any provision of title 5 gov- erning appointments in the competitive service, appoint to a position that is identified under subsection (b)(2)(A)(i) as having national security responsibilities, or to a position in such Fed- eral agency or office, in the e x cepted service an individual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment owes a service commitment to such Department or such Federal agency or office and ‘‘(2) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appoint- ment. ’ ’. SEC. 110 2 . AUTHORITY F OR EMPLOYMENT B Y DEPARTMENT OF DEFENSE OF INDIVIDUALS W HO HAVE SUCCESSFULLY COMPLETED THE RE Q UIREMENTS OF THE SCIENCE , MATHEMATICS, AND RESEARCH FOR TRANSFORMATION ( SMART ) DEFENSE SCHOLARSHIP PROGRAM. (a) A U T H ORITY FOR EMPLOYMENT.—Subsection (d) of section 2192a of title 10, United States Code, is amended to read as follows: ‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The Secretary of Defense— ‘‘(1) may, without regard to any provision of title 5 gov- erning appointment of employees to competitive service posi- tions within the Department of Defense, appoint to a position in the Department of Defense in the excepted service an indi- vidual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment, owes a service commitment to the Department; and ‘‘(2) may, upon satisfactory completion of 2 years of substan- tially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without com- petition, to a career or career conditional appointment.’’.

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 123STA T . 2 485PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(b)CONF O RMI N GA M E N D MEN T.—Su b section (c)( 2 )o f suc h section is am en d edb y st r i k in g‘ ‘ Ex ce p taspro v ided in subsection (d) , the ’ ’ in the second sentence and inserting ‘‘ T he’’. (c) TE CH NIC AL AMENDMENT S .—Subsection (f) of such section is amended— ( 1 ) by striking the first sentence and (2) by striking ‘‘the authorities provided in such chapter’’ and inserting ‘‘the other authorities provided in this chapter’’. (d) R E P EAL OF OB SOLETE P RO V ISIONS.—(1) Such section is fur - ther amended by striking subsection (g) and by redesignating sub- section (h) as subsection (g). (2) Subparagraph ( B ) of section 3 3 04 (a)(3) of tit l e 5, U nited States Code, is amended to read as follo w s ‘‘(B) the Office of Personnel M anagement has deter- mined that there exists a severe shortage of candidates or that there is a critical hiring need.’’. SEC.1 1 03 . AUTHORI T YF ORTHEE MPL OYME N TOFIN D I V IDUALS W HO HAVE SUCCESSFULLY COMPLETED THE DEPARTMENT OF DEFENSE INFORMATION ASSURANCE SCHOLARSHIP PRO -G RAM. (a) I N G ENERAL.—Section 2200a of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(g) EMPLO Y MENT OF PROGRAM PARTICIPANTS.—The Secretary of D efense— ‘‘(1) may, without regard to any provision of title 5 gov- erning appointments in the competitive service, appoint to an information technology position in the Department of Defense in the excepted service an individual who has successfully completed an academic program for which a scholarship under this section was awarded and who, under the terms of the agreement for such scholarship, at the time of such appointment owes a service commitment to the Department; and ‘‘(2) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appoint- ment.’’. (b) TECHNICAL AMENDMENT.—Subsection (a) of such section is amended by striking ‘‘subsection (g),’’ and inserting ‘‘subsection (f),’’. SEC. 110 4 .E X TENSION AND MODIFICATION OF EXPERIMENTAL PER- SONNEL MANAGEMENT PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL. (a) THREE- Y EAR E X TENSION.—Subsection (e)(1) of section 1101 of the Strom Thurmond N ational Defense Authori z ation Act for F iscal Year 1 9 99 (5 U.S.C. 3104 note) is amended by striking ‘‘September 30, 2011’’ and inserting ‘‘September 30, 2014’’. (b) L IMITATIONS ON ADDITIONAL PAYMENTS.—Such section is further amended— (1) in subsection (b)(3), by striking ‘‘under subsection (d)(1)’’ and inserting ‘‘under subsection (d)’’; and (2) by striking subsection (d) and inserting the following: ‘‘(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1) Sub j ect to paragraph (3), the total amount of additional payments paid to


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 123STA T . 2 486PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9anemploy ee u n d e rs u b se cti on ( b ) ( 3 ) f or any 12- mont h period may not e x ceed the lesser of the follo w in g amounts

‘( A ) $50, 000 in fiscal year 2010, which may be ad j usted annually thereafter by the S ecretary, with a percentage increase e q ual to one-half of 1 percentage point less than the percentage by which the E mployment C ost I ndex, published quarterly by the B ureau of L abor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year . ‘‘(B) T he amount equal to 50 percent of the employee ’ s annual rate of basic pay. ‘‘(2) In paragraph (1), the term ‘base quarter’ has the meaning gi v en that term in section 5302(3) of title 5, U nited States Code. ‘‘(3) N otwithstanding any other provision of this section or section 530 7 of title 5, United States Code, no additional payments may be paid to an employee under subsection (b)(3) in any calendar year if, or to the extent that, the employee’s total annual compensa- tion in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 10 4 of title 3, United States Code. ‘‘(4) An employee appointed under the program is not eligible for any bonus, monetary award, or other monetary incentive for service under the appointment other than payments authori z ed by this section.’’. (c) REPORTING RE QU IRE M ENT S . —P aragraph (1) of subsection (g) of such section is amended to read as follows: ‘‘(1)(A) Not later than D ecember 31 of each year in which the authority under this section is in effect, the Secretary of Defense shall submit to the committees of Congress specified in subparagraph (B) a report on the operation of this section. Each report shall cover the fiscal year that most recently ended before such December 31. ‘‘(B) The committees of Congress specified in this subpara- graph are— ‘‘(i) the Committee on Armed Services, the Committee on H omeland Security and G overnmental Affairs, and the Committee on Appropriations of the Senate and ‘‘(ii) the Committee on Armed Services, the Committee on O versight and Government Reform, and the Committee on Appropriations of the House of Representatives.’’. SEC.1 1 05 . MODIF IC AT IO N TO DE P A R TMENT OF DEFENSE L A B ORATOR Y PERSONNEL A U T H ORITY. (a) DESIGN A TION O F LA B ORATORIES.—Each of the following is hereby designated as a Department of Defense science and tech- nology reinvention laboratory (as described in section 342(b) of the National Defense Authorization Act for F iscal Y ear 1 9 95 (Public Law 103 – 337; 10 8 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001): (1) The Aviation and M issile Research Development and Engineering Center. (2) The Army Research Laboratory. (3) The Medical Research and Materiel Command. (4) The Engineer Research and Development Command. (5) The Communications-Electronics Command. 10USC2358note.


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 123STA T . 2 487PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(6)TheSoldi e ran d B iolo g i c al C he m ical Command . ( 7 ) The N a v alSeaS yst ems Command Centers. ( 8 ) The Naval R esearch L a b oratory. ( 9 ) The Of fice of Naval Research. ( 10 ) The A ir F orce Research Laboratory. (11) The Tan k and A u tomotive Research D evelo p ment and E ngineering Center. (1 2 ) The Armament Research Development and Engineering Center. (1 3 ) The Naval Air W arfare Center , Weapons Division. (1 4 ) The Naval Air Warfare Center, Aircraft Division. (1 5 ) The Space and Naval Warfare Systems Center, P acific. (16) The Space and Naval Warfare Systems Center, Atlantic. (17) The laboratories w ithin the Army Research Develop - ment and Engineering Command. (b) C ONVERSI ON PRO C E DU RES. — The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention labora- tory, as so designated by subsection (a), from the personnel system which applies as of the date of the enactment of this Act to the personnel system under an appropriate demonstration pro j ect (as referred to in such section 342(b)). Any conversion under this sub- section— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment (2) shall be consistent with section 4703(f) of title 5, U nited States Code; (3) shall be completed within 18 months after the date of the enactment of this Act; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5, United States Code) or senior e x ecutives (as defined by section 3132(a)(3) of such title). (c) LI M I TA TION.—The science and technology reinvention labora- tories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appro- priate demonstration project (as referred to in such section 342(b)), without prior congressional authori z ation. SEC.1 1 06 . ON E -Y E AR E XT ENS I ONO F A U T H ORITY TO W AI V E ANNUA L LI M ITATION ON P REMIUM PAY AN D A G GREGATE LIMITA- TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WOR K ING OVERSEAS. (a) E X TENSION O F AUT H ORIT Y .—Subsection (a) of section 1101 of the Duncan H unter National Defense Authorization Act for Fiscal Y ear 2009 (Public Law 110 – 417; 122 Stat. 4615) is amended by striking ‘ ‘calendar year 2009, ’ ’ and inserting ‘‘calendar years 2009 and 2010,’’. (b) RE L ATED PROVISION.—Subsection (b) of such section 1101 is amended to read as follows . ‘‘(b) A P PLICA B ILITY OF A G GREGATE LIMITATION ON PAY.— ‘‘(1) I N GENERAL.—Section 5307 of title 5, United States Code, shall not apply to any employee in any calendar year in which that employee is granted a waiver under subsection (a).


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 123STA T . 2 48 8 PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9‘ ‘ (2)OTHERLIM IT A TI ONS.—Inthecas e of an y e mpl oyees w ho( di s r e g arding s ub paragraph ( A )) would otherwise be sub -j ect to a limitation on premium pay similar to one set forth in section 5 5 47 of title 5 ,U nited S tates C ode (as determined by the head of the Ex ecuti v e agency in or under which such employees are employed)— ‘‘(A) the agency head may waive that otherwise applicable limitation, to the same extent and in the same manner as would be allowable under subsection (a) if those employees were instead subject to such section 5547 and ‘‘( B ) if a waiver under subparagraph (A) is granted with respect to such employees, then, neither section 5 30 7 of title 5, United States Code, nor any other similar limita- tion (as determined by the agency head) shall apply with respect to such employees for purposes of any calendar year for which such waiver is so granted. ’ ’. SEC.1 1 07 .E XT E N S IO NO F CE R T A IN B ENEFITS TO FE D ERA L CI V ILIAN E MP LO Y EES ON OFFICIAL D U TYINPA K ISTAN. Section 16 03(a)(2) of the Emergency Supplemental Appropria- tions Act for D efense, the G lobal W ar on T error, and H urricane R ecovery, 2006 ( P ublic L aw 10 9 -234; 120 Stat. 443), as amended by section 1102 of the Duncan Hunter N ational Defense Authori z a- tion Act for F iscal Y ear 2009 (Public Law 110-417; 122 Stat. 4616), is amended by inserting ‘‘Pa k istan or’’ after ‘‘is on official duty in’’. SEC. 110 8 .RE Q UIREMENT FOR DEPARTMENT OF DEFENSE STRATE G IC W ORKFORCE PLANS. (a) CO D I F I C ATION OF RE QU IREMENT FOR STRATE G IC WOR K FORCE PLAN.— (1) IN GENERAL.—Chapter 2 of title 10, United States Code, is amended by adding after section 115a the following new section

‘ §1 1 5b.An n ualstr at egicwo r kf orce p lan ‘‘(a) ANNUAL PLAN REQUIRED.—(1) The Secretary of Defense shall submit to the congressional defense committees on an annual basis a strategic workforce plan to shape and improve the civilian employee workforce of the Department of Defense. ‘‘(2) The Under Secretary of Defense for Personnel and Readi- ness shall have overall responsibility for developing and imple- menting the strategic workforce plan, in consultation with the Under Secretary of Defense for Ac q uisition, Technology, and Logis- tics. ‘‘(b) CONTENTS.—Each strategic workforce plan under sub- section (a) shall include, at a minimum, the following: ‘‘(1) An assessment of— ‘‘(A) the critical skills and competencies that will be needed in the future within the civilian employee workforce by the Department of Defense to support national security requirements and effectively manage the Department during the seven-year period following the year in which the plan is submitted; ‘‘(B) the appropriate mix of military, civilian, and con- tractor personnel capabilities;


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 123STA T . 2 489PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 09 ‘ ‘ (C)thecri tic alsk ills a nd c omp etencies o f the e x istin g ci v ilian emplo y ee w orkforce of the D epartment and pro -j ected trends in that workforce b ased on expected losses d u e to retirement and other attrition and ‘‘(D) gaps in the existing or projected civilian employee workforce of the Department that should be addressed to ensure that the Department has continued access to the critical skills and competencies described in subpara- graphs ( A ) and (C) . ‘‘( 2 ) A plan of action for developing and reshaping the civilian employee workforce of the Department to address the gaps in critical skills and competencies identified under para- graph ( 1 )(D) , including — ‘‘(A) specific recruiting and retention goals, especially in areas identified as critical skills and competencies under paragraph (1), including the program objectives of the Department to be achieved through such goals and the funding needed to achieve such goals; ‘‘( B ) specific strategies for developing, training, deploying, compensating, and motivating the civilian employee workforce of the Department, including the pro- gram objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies; ‘‘(C) any incentives necessary to attract or retain any civilian personnel possessing the skills and competencies identified under paragraph (1); ‘‘(D) any changes in the number of personnel author- i z ed in any category of personnel listed in subsection (f)(1) orintheac q uisition workforce that may be needed to address such gaps and effectively meet the needs of the Department; ‘‘( E ) any changes in resources or in the rates or methods of pay for any category of personnel listed in subsection (f)(1) or in the acquisition workforce that may be needed to address inequities and ensure that the Depart- ment has full access to appropriately qualified personnel to address such gaps and meet the needs of the Depart- ment; and ‘‘( F ) any legislative changes that may be necessary to achieve the goals referred to in subparagraph (A). ‘‘( 3 ) An assessment, using results-oriented performance measures, of the progress of the Department in implementing the strategic workforce plan under this section during the pre- vious year. ‘‘( 4 ) Any additional matters the S ecretary of Defense con- siders necessary to address. ‘‘(c) S ENIORMA NA G E M EN T , F U N C TIONA L , AN DT EC H NICAL W OR KF ORCE.—(1) Each strategic workforce plan under subsection (a) shall include a separate chapter to specifically address the shaping and improvement of the senior management, functional, and technical workforce (including scientists and engineers) of the Department of Defense. ‘‘(2) For purposes of paragraph (1), each plan shall include, with respect to such senior management, functional, and technical workforce—


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 123STA T . 2 490PUBLIC LA W 111 –8 4 —O CT. 28 , 2009 ‘ ‘ (A)an a s s e ss m en tof t h e matte r s set forth i ns ubp ara -g raphs (A) through ( D ) of subse c tion (b)( 1 ) ‘‘( B )ap l an of action meeting the re q uirements set forth in subparagraphs (A) through ( F ) of subsection (b)( 2 ); ‘‘( C ) specific strategies for d e v eloping , training, deplo y ing, compensating, motivating, and designing career paths and career opportunities; and ‘‘(D) specific steps that the Department has ta k en or plans to take to ensure that such w orkforce is managed in compliance with the requirements of section 12 9 of this title . ‘‘(d) D EF E NS EA CQUI SI T I O N W O RK FORCE. — (1) E ach strategic workforce plan under subsection (a) shall include a separate chapter to specifically address the shaping and improvement of the defense acquisition workforce, including both military and civilian per- sonnel. ‘‘(2) For purposes of paragraph (1), each plan shall include, with respect to the defense acquisition workforce— ‘‘(A) an assessment of the matters set forth in subpara- graphs (A) through (D) of subsection (b)(1); ‘‘(B) a plan of action meeting the requirements set forth in subparagraphs (A) through (F) of subsection (b)(2); ‘‘(C) specific steps that the Department has taken or plans to take to develop appropriate career paths for civilian employees in the acquisition field and to implement the require- ments of section 1 7 22a of this title with regard to members of the armed forces in the acquisition field; and ‘‘(D) a plan for funding needed improvements in the acquisi- tion workforce of the Department through the period of the future-years defense program, including— ‘‘(i) the funding programmed for defense acquisition workforce improvements, including a specific identification of funding provided in the Department of Defense Acquisi- tion Workforce Fund established under section 17 05 of this title, along with a description of how such funding is being implemented and whether it is being fully used; and ‘‘(ii) a description of any continuing shortfalls in funding available for the acquisition workforce. ‘‘(e) S U BM ITT AL SB Y SECRETARIES OF T H E M ILITARY DE P ART- MENTS AN DH EADS OF THE DEFENSE A G ENCIES.— T he Secretary of Defense shall require the Secretary of each military department and the head of each Defense Agency to submit a report to the Secretary addressing each of the matters described in this section. The Secretary of Defense shall establish a deadline for the submittal of reports under this subsection that enables the Secretary to con- sider the material submitted in a timely manner and incorporate such material, as appropriate, into the strategic workforce plan required by this section. ‘‘(f) DEFINITIONS.— I n this section ‘‘(1) The term ‘senior management, functional, and technical workforce of the Department of Defense ’ includes the following categories of Department of Defense civilian personnel: ‘‘(A) Appointees in the Senior E x ecutive Service under section 3 131 of title 5. ‘‘(B) P ersons serving in positions described in section 537 6 (a) of title 5. Deadlin e .R e ports .


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 123STA T . 2 49 1 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 ‘ ‘ (C)Highlyqua li f i ed e xp e rts app o i n ted pursuant to se c tion 9 9 03 of title 5. ‘‘( D ) S cientists and engineers appointed pursuant to section 3 42 ( b ) of the N ational Defense A uthori z ation Act for F iscal Y ear 1 995 ( P ublic L a w 103 – 33 7; 10 8 Stat. 2721) , asa m ended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 10 6 –398 (114 Stat. 1654A–315)). ‘‘( E ) Scientists and engineers appointed pursuant to section 1101 of the Strom T hurmond National Defense Authorization Act for Fiscal Year 1999 (5 U .S.C. 3104 note). ‘‘(F) Persons ser v ing in the Defense I ntelligence Senior Executive Service under section 1606 of this title. ‘‘( G ) Persons serving in Intelligence Senior Level posi - tions under section 1607 of this title. ‘‘(2) The term ‘acquisition wor k force ’ includes individuals designated under section 1721 as filling acquisition positions.’’. (2) C LERICA LA M E ND MEN T . — The table of sections at the beginning of chapter 2 of such title is amended by inserting after the item relating to section 115a the following new item

‘ 1 1 5b.An n ualstr at egicwo r kf orce p lan. ’ ’. (b) C O M P TROLLER GENERAL R EPORT S .— (1) REPORT ON STRATE G IC W OR KF ORCE PLAN.—Not later than 180 days after the date on which the Secretary of Defense submits to the congressional defense committees an annual strategic workforce plan under section 115b of title 10, United States Code (as added by subsection (a)), in each of 2009, 2010, 2011, and 2012, the Comptroller General of the United States shall submit to the congressional defense committees a report on the plan so submitted. (2) REPORT ON T H E TRAINING OF AC QU ISITION AND AUDIT PERSONNEL OF THE DEPARTMENT OF DEFENSE.—(A) Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment of the efficacy of Department of Defense training for acquisition and audit personnel of the Department of Defense. ( B ) The report required under subparagraph (A) shall address the efficacy of training, the extent to which such training reaches appropriate personnel, and the extent to which the training recommendations of previous reviews (including the recommendations of the Commission on Army Acquisition and Program M anagement in Expeditionary O perations) have been implemented. (c) CONFORMING REPEALS.—The following provisions are repealed: (1) Section 1122 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3452; 10 U.S.C. note prec. 1580). (2) Section 1102 of the J ohn W arner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2407). 10USC 1 58 0 notepr e c.


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 123STA T . 2 49 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 (3)Section851 o f t h e Na tiona lD efen s e Au tho r i z ation Act for F iscal Y ear 20 08( P u b lic L a w 110 – 181 122 Stat . 2 47 U .S. C . note p rec. 1580). SEC.1 1 09 . ADJU S TM E N TST OLI MITATIONS ON P E R SONNEL AND RE Q UIREMENT F OR ANNUAL MANPO W ER REPORTIN G . (a) A MEND MEN TS . — Section 1111 of the Duncan H unter National Defense Authorization Act for Fiscal Year 200 9 (Public Law 110– 417; 122 Stat. 4 6 19)isa m en d ed— (1) in subsection (b) , b y stri k in g‘ ‘for four ’ ’; (2) in paragraph (1) of subsection (b), by striking ‘‘re q uire - ments of—’’ and all that follows through the end of subpara- graph (C) and inserting ‘‘the requirements of section 115b of this title; or’’; (3) in paragraph (2) of subsection (b), by striking ‘‘purpose described in paragraphs (1) through (4) of subsection (c).’’ and inserting the following ‘‘any of the following purposes: ‘‘(A) Performance of inherently go v ernmental functions. ‘‘( B ) Performance of work pursuant to section 2463 of title 10, United States Code. ‘‘(C) Ability to maintain sufficient organic e x pertise and technical capability. ‘‘(D) Performance of work that, while the position may not exercise an inherently governmental function, neverthe- less should be performed only by officers or employees of the Federal G overnment or members of the Armed Forces because of the critical nature of the work.’’; and (4) by striking subsections (c) and (d). (b) C O NSO LI D A TED ANN U AL R E P O R T.— (1) I N C LUSION IN ANNUAL DE F ENSE MANPO W ER RE Q UIRE- MENTS REPORT.—Section 115a of title 10, United States Code, is amended by inserting after subsection (e) the following new subsection: ‘‘(f) T he Secretary shall also include in each such report the following information with respect to personnel assigned to or sup- porting ma j or Department of Defense headquarters activities: ‘‘(1) The military end strength and civilian full-time equiva- lents assigned to major Department of Defense headquarters activities for the preceding fiscal year and estimates of such numbers for the current fiscal year and subsequent fiscal years. ‘‘(2) A summary of the replacement during the preceding fiscal year of contract workyears providing support to major Department of Defense headquarters activities with military end strength or civilian full-time equivalents, including an esti- mate of the number of contract workyears associated with the replacement of contracts performing inherently govern- mental or exempt functions. ‘‘(3) The plan for the continued review of contract personnel supporting major Department of Defense headquarters activi- ties for possible conversion to military or civilian performance in accordance with section 2463 of this title. ‘‘(4) The amount of any adjustment in the limitation on personnel made by the Secretary of Defense or the Secretary of a military department, and, for each adjustment made pursu- ant to section 1111(b)(2) of the Duncan Hunter National 10USC 1 43note.
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 123STA T . 2 49 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 Def e ns e Authoriza tion A c t for F isca lY ear 20 0 9(1 0 U.S . C . 1 43 note ), the p urpose of the a dj ust m ent. ’ ’. (2) TECHNI C AL A M EN D MEN TS T OR E F LECT NAME OF RE P ORT. — (A) Su b section (a) of section 11 5 a of such title is amended b y insertin g‘ ‘defense’’ before ‘‘manpo w er re q uire - ments report.’’. ( B )(i) The heading of such section is amended to read as follows

‘ §1 1 5a.An n u a ldef en s e m an pow e r re q u i remen t s report ’ ’. (ii) The item relating to such section in the table of sections at the beginning of chapter 2 of such title is amended to read as follows: ‘ ‘ 1 1 5a.An n u a ldef en s e m an pow e r re q u i remen t s report. ’ ’. (3) CONFORMIN G REPEAL.—Subsections (b) and (c) of section 901 of the N ational Defense Authorization Act for Fiscal Year 200 8 ( P ublic L aw 110 – 181 122 Stat. 2 7 2; 10 U.S.C. 221 note) are repealed. SEC.1 11 0 . PILOT P R O G R AMF ORT H E TEMPORAR Y E X CHA N GE OF INFORMATION TECHNOLOGY PERSONNEL. (a) ASSIGNMENT A U THORIT Y .—The Secretary of Defense may, with the agreement of the pri v ate sector organization concerned, arrange for the temporary assignment of an employee to such private sector organization, or from such private sector organization to a Department of Defense organization under this section. An employee shall be eligible for such an assignment only if— (1) the employee— (A) wor k s in the field of information technology management; (B) is considered by the Secretary of Defense to be ane x ceptional employee; (C) is expected to assume increased information tech- nology management responsibilities in the future; and (D) is compensated at not less than the G S–11 level (or the equivalent); and (2) the proposed assignment meets applicable requirements of section 209(b) of the E -Government Act of 2002 (44 U.S.C. 3501 note). (b) AGREEMENTS.—The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this sec- tion. The agreement— (1) shall require that employees of the Department of Defense, upon completion of the assignment, will serve in the civil service for a period equal to the length of the assignment; and (2) shall provide that if the employee of the Department of Defense or of the private sector organization (as the case may be) fails to carry out the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and suffi- cient reason, as determined by the Secretary of Defense. 5USC3702note.


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 123STA T . 2 49 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 Anamou n tf o rwhic han e m pl o y eei s lia b le un d er para g raph (2) shall be treated as a debt due the U nited S tates . (c) TERMINAT I O N. — An assignment under this section may , at any time and for any reason, be terminated by the D epartment of Defense or the pri v ate sector organi z ation concerned. (d) D U RATION.—An assignment under this section shall be for a period of not less than 3 months and not more than 1 year, andmaybee x tended in 3 - month increments for a total of not more than 1 additional year however, no assignment under this section may commence after September 3 0, 2013. (e) TERM S AN DC ONDITIONS F OR P RI V ATE SE C TOR E M PL O Y EES.— An employee of a private sector organization who is assigned to a Department of Defense organization under this section— (1) may continue to receive pay and benefits from the private sector organization from which such employee is assigned; (2) is deemed to be an employee of the Department of Defense for the purposes of— (A) chapter 7 3 of title 5, United States Code; ( B ) sections 201, 203, 205, 207, 20 8 ,20 9, 6 03, 606, 607, 6 4 3, 654, 1905, and 1913 of title 18, United States Code; (C) sections 1343, 1344, and 1349(b) of title 31, United States Code; (D) the F ederal Tort Claims Act and any other Federal tort liability statute; (E) the Ethics in G overnment Act of 1978; (F) section 1043 of the I nternal R evenue Code of 1986; and (G) section 27 of the O ffice of Federal Procurement Policy Act; and (3) may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned. (f) PRO H I B ITION A G AINST CHARGING CERTAIN COSTS TO THE FEDERAL GOVERNMENT.—A private sector organization may not charge the Department of Defense or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department of Defense organization under this section for the period of the assignment. (g) CONSIDERATIONS.—In carrying out this section, the Sec- retary of Defense— (1) shall ensure that, of the assignments made under this section each year, at least 20 percent are from small business concerns (as defined by section 3703(e)(2)(A) of title 5, United States Code); and (2) shall ta k e into consideration the q uestion of how assign- ments under this section might best be used to help meet the needs of the Department of Defense with respect to the training of employees in information technology management. (h) N UMERICAL L IMITATION.—In no event may more than 10 employees be participating in assignments under this section at any given time.


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 123STA T . 2 495PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 (i)REPORTING RE QU IRE M ENT .—Foreach o f fi s ca ly ears 201 0 t hro ug h 201 5, the S ecretary of D efe n se shall su bm it to the congres - sional d efense committees, not later than 1 month after the end of the fiscal year in v olved, a re p ort on any activities carried out under this section during such fiscal year, including information concerning— (1) the respective organi z ations (as referred to in subsection (a)) to and from w hich any employee was assigned under this section (2) the positions those employees held while they were so assigned; ( 3 ) a description of the tas k s they performed while they were so assigned; and ( 4 ) a discussion of any actions that might be taken to improve the effectiveness of the program under this section, including any proposed changes in law. ( j ) REPE AL O F SUPER S E D ED SE C TION.—Section 110 9 of the N ational Defense A uthorization Act for Fiscal Y ear 200 8 ( P ublic L aw 110-181; 122 Stat. 358) is repealed, e x cept that— (1) nothing in this subsection shall, in the case of any assignment commencing under such section 1109 on or before the date of the enactment of this Act, affect— (A) the duration of such assignment or the authority to extend such assignment in accordance with subsection (d) of such section 1109, as last in effect; or ( B ) the terms or conditions of the agreement governing such assignment, including with respect to any service obligation under subsection (b) thereof; and (2) any employee whose assignment is allowed to continue by virtue of paragraph (1) shall be taken into account for purposes of— (A) the numerical limitation under subsection (h); and (B) the reporting re q uirement under subsection (i). SEC.1 111. AV A IL A B ILI TYOF F UND SFO R CO MP ENSATION OF CERTAIN CIVILIAN EMPLOYEES OF T H E DEPARTMENT OF DEFENSE. (a) A V AILA B ILIT Y OF FUNDS.—Funds authorized to be appro- priated for the Department of Defense that are available for the purchase of contract services to meet a requirement that is antici- pated to continue for five years or more shall be available to provide compensation for civilian employees of the Department to meet the same requirement. (b) REGULATIONS.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall prescribe regulations implementing the authority in subsection (a). Such regulations— (1) shall ensure that the authority in subsection (a) is utilized to build government capabilities that are needed to perform inherently governmental functions, functions closely associated with inherently governmental functions, and other critical functions; (2) shall include a mechanism to ensure that follow-on funding to provide compensation for civilian employees of the Department to perform functions described in paragraph (1) is provided from appropriate accounts; and (3) may establish additional criteria and levels of approval within the Department for the utilization of funds to provide Deadlin e .10USC 1 58 0 n ot e pr e c. 5 USC 37 0 2 note.


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 123STA T . 2 496PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 compensati on f o r ci v i l ian emplo y eesoft h e D epartment p u rsu - ant to su b section ( a ). (c) AN N UALREPORT . —N ot later than 60d ays after the end of each fiscal year for w hich the authority in subsection (a) is in effect , the S ecretary shall submit to the con g ressional defense committees a report on the use of such authority. E ach report shall cover the preceding fiscal year and shall identify, at a min- imum, the following ( 1 ) T he amount of funds used under the authority in sub- section (a) to provide compensation for civilian employees. ( 2 ) The source or sources of the funds so used. ( 3 ) The number of civilian employees employed through the use of such funds. ( 4 ) The actions ta k en by the Secretary to ensure that follow-on funding for such civilian employees is provided through appropriate accounts. (d) TE M PORAR Y AUT H OR I TY.—The authority in subsection (a) shall apply to funds authori z ed to be appropriated for the Depart- ment of Defense for fiscal years 2010 through 201 9 . SEC.1 11 2 . D E PARTM E N T OF DEFENSE C IV I L IAN LEADERS H IP PRO -G RAM. (a) L EA D ER S HIP P RO G RAM RE Q UIRED.— (1) I N GENERAL.—Not later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall establish a program of leadership recruitment and development for civilian employees of the Department of Defense, to be known as the ‘ ‘Department of Defense C ivilian Leadership Pro- gram ’ ’ (in this section referred to as the ‘‘program’’). (2) OBJ E C TI V ES.—The ob j ectives of the program shall be as follows: (A) To develop a new generation of civilian leaders for the Department of Defense. ( B ) To recruit individuals with the academic merit, work e x perience, and demonstrated leadership skills to meet the future needs of the Department. (C) To offer rapid advancement, competitive compensa- tion, and leadership opportunities to highly q ualified civilian employees of the Department. (3) AVAILABLE AUTHORITIES.—In carrying out the program, the Secretary may exercise any authority available to the Office of Personnel M anagement under section 4 7 03 of title 5, U nited States Code, except that the Secretary shall not be bound by the limitations in subsection (d) of such section. Nothing in this section shall be construed to authorize the waiver of any part of chapter 71 of title 5, United States Code, or any regulation implementing such chapter, in the carrying out of the program. (b) ELIGIBLE INDIVIDUALS.— (1) IN GENERAL.—The following individuals shall be eligible to participate in the program: (A) Current employees of the Department of Defense. (B) Appropriate individuals in the private sector. (2) LIMITATION ON NUMBER O F PARTICIPANTS IN PROGRAM.— The total number of individuals who may participate in the program in any fiscal year may not exceed 5,000. Deadlin e .10USC 1 58 0 n ot e pr e c. A pplica b ilit y .


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 123STA T . 2 497PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 (3)LIM I TA TI ON ON PER IO D O F PARTI C IPATION IN PRO G RAM .—Themaxi m u m p e r i od o ft ime that a n indi v idua l ma y parti c ipate in the pro g ram i s three years. (c) EL EMENT S OF P ROGRAM.— ( 1 ) C OMPETITI V E ENTR Y .—The selection of individuals for entry into the program shall b e made on the basis of a competi - tion conducted at least t w ice each year. I n each competition , participants in the program shall be selected from among applicants determined by the S ecretary to be the most highly q ualified in terms of academic merit, wor k experience, and demonstrated leadership skills. Each competition shall provide for entry-level participants and midcareer participants in the program. ( 2 ) A LLOCATION OF POSITIONS.—The Secretary shall allocate positions in the program among the components of the D epart- ment of Defense that— (A) offer the most challenging assignments ( B ) provide the greatest level of responsibility; and (C) demonstrate the greatest need for participants in the program. (3) ASSIGNMENTS TO POSITIONS.—Participants in the pro- gram shall be assigned to components of the Department that best match their skills and qualifications. Participants in the program may be rotated among components of the Department of Defense at the discretion of the Secretary. ( 4 ) INITIAL COMPENSATION.—The initial compensation of participants in the program shall be determined by the Sec- retary based on the qualifications of such participants and applicable market conditions. ( 5 )ED U CATION AND TRAINING.—The Secretary shall provide participants in the program with training, mentoring, and edu- cational opportunities that are appropriate to facilitate the development of such participants into effective civilian leaders for the Department of Defense. ( 6 ) OBJ ECTIVE, MERIT-BASED PRINCIPLES FOR PERSONNEL DECISIONS.—The Secretary shall make personnel decisions under the program in accordance with such ob j ective, merit- based criteria as the Secretary shall prescribe in regulations for purposes of the program. Such criteria shall include, but not be limited to, criteria applicable to the following (A) The selection of individuals for entry into the pro- gram. (B) The assignment of participants in the program to positions in the Department of Defense. (C) The initial compensation of participants in the program. (D) The access of participants in the program to training, mentoring, and educational opportunities under the program. (E) The consideration of participants in the program for selection into the senior management, functional, and technical workforce of the Department. ( 7 ) CONSIDERATION FOR SENIOR MANAGEMENT, FUNCTIONAL, AND TEC H NICAL W OR K FORCE.—Any participant in the program who, as determined by the Secretary, demonstrates outstanding performance shall be afforded priority in consideration for selec- tion into the appropriate element of the senior management, Det e rmina ti o n .R e gul ation s . Determination. Determination.


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 123STA T . 2 498PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 09 functio n al, an d t e c h nical w o rk force of the D e p art m ent of Defen s e ( as defined in section 1 1 5b (f ) of title 1 0, U nited S tates C ode) .SEC.1 11 3 . PROVI SIO N SRE LAT IN G TOT H E NATIONAL SEC U RIT Y PER - SONNEL SYSTE M . (a) D EFIN I T I O N S . —F or purposes of this section— (1) the term ‘ ‘ N ational Securit yP ersonnel System ’ ’or ‘‘NSPS’’ refers to a human resources mana g ement system estab - lished under authority of section 9 90 2 of title 5, United States Code (as in effect before the date of the enactment of this A ct) and (2) the term ‘‘statutory pay system’’ means a pay system under— (A) subchapter I II of chapter 5 3 of title 5, United States Code (relating to G eneral Schedule pay rates); or ( B ) such other pro v isions of law as would apply if section 9902 of title 5, United States Code, had never been enacted. (b) R E P E AL OFP R O V ISIONS RELATIN G TO NSPS.— (1) IN GENERAL.—Section 9902 of title 5, United States Code, is amended— (A) by striking subsections (a), (b), (c), (d), (e), (i) and ( j ); and (B) by redesignating subsections (f) through (h) as sub- sections (e) through (g), respectively. (2) EX PANSION PRO H I B ITE D .— T he National Security Per- sonnel System may not be e x tended to any organi z ational or functional unit of the Department of Defense (or any component thereof) not included in such System as of M arch 1, 2009. (3) C U RRENT RULES INVALID.—Any regulations in effect as of the day before the date of the enactment of this Act which were issued pursuant to any provision of law repealed by para- graph (1)(A)— (A) may not be modified on or after the date of the enactment of this Act, except as necessary to implement this Act; and (B) shall cease to be effective as of J anuary 1, 2012. (c) TER M INATION OF NSPS AND CONVERSION OF EMPLO Y EES AND POSITIONS.— (1) IN GENERAL.—The Secretary of Defense shall take all actions which may be necessary to provide, beginning no later than 6 months after the date of enactment of this Act, for the orderly termination of the National Security Personnel System and conversion of all employees and positions from such System, by not later than January 1, 2012, to— (A) the statutory pay system and all other aspects of the personnel system that last applied to such employee or position (as the case may be) before the National Security Personnel System applied; or (B) if subparagraph (A) does not apply, the statutory pay system and all other aspects of the personnel system that would have applied if the National Security Personnel System had never been established. No employee shall suffer any loss of or decrease in pay because of the preceding sentence, and, for purposes of carrying out such preceding sentence, any determination of the system that Deadlin e s.T e rm ina t i o n date. Ef fe c ti v e date. 5USC9 9 02 note.


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 123STA T . 2 49 9 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 last a p pl ied(or t h at w o u ld ha v e applied ) with respe c ttoa n e m plo y ee or position shall ta k e into account any modi f ications to such system pursuant to the provisions of su b sections (a) and (b) of section 9 9 02 of title 5,U nited S tates C ode, as amended by subsection (d) . (2) TRANSIT I O N PE RIO D APPOINT M ENTS. — Tothee x tent prac - ticable, any individual who, durin g the N S P S transition period, is appointed to any position within the D epartment of Defense which is sub j ect to the NSPS shall be subject to the statutory pay system and all other aspects of the personnel system to which such individual or position is to be converted in accord- ance with the re q uirements of paragraph ( 1 ). ( 3 ) TEMPORAR YC ONTIN U ATION O F NSPS.—Notwithstanding any other provision of this section, the National Security Per- sonnel System, as in effect on the day before the date of the enactment of this A ct, shall continue to apply with respect to any employees and positions remaining subject to the NSPS, in accordance with paragraph (1), during the NSPS transition period. ( 4 ) R ESTORATION OF FU L L ANNUAL PAY AD J USTMENTS UNDER NSPS PENDIN G ITS TERMINATION.—Notwithstanding subsection (b)(1)(A), section 9902(e)( 7 ) of title 5, United States Code, to the extent that it remains in force under paragraph (3), shall be applied by substituting ‘ ‘100 percent ’ ’ for ‘‘no less than 6 0 percent’’. (5) NSPS TRANSITION PERIOD DEFINED.— F or purposes of this subsection, the term ‘‘NSPS transition period’’ means the period beginning on the date of the enactment of this Act and ending on J anuary 1, 2012. (d) AUT H ORITY RELATING TO PERFORMANCE M ANAGEMENT AND W OR K FORCE I NCENTI V ES, H IRING FLE X I B ILITIES, AND TRAINING OF SUPERVISORS.—Section 9902 of title 5, United States Code, as amended by subsection (b)(1), is further amended by inserting before subsection (e) (as so redesignated by subsection (b)(1)( B )) the fol- lowing ‘‘(a) PERFORMANCE MANAGEMENT AND WORKFORCE INCEN- TIVES.—(1) The Secretary, in coordination with the Director, shall promulgate regulations providing for the following: ‘‘(A) A fair, credible, and transparent performance appraisal system for employees. ‘‘(B) A fair, credible, and transparent system for linking employee bonuses and other performance-based actions to performance appraisals of employees. ‘‘(C) A process for ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the appraisal period and setting timetables for review. ‘‘(D) Development of ‘performance assistance plans’ that are designed to give employees formal training, on-the-job training, counseling, mentoring, and other assistance. ‘‘(2) In developing the regulations required by this subsection, the Secretary, in coordination with the Director, may waive the requirements of chapters 43 (other than sections 4302 and 4303(e)) and the regulations implementing such chapters, to the extent necessary to achieve the objectives of this subsection. Waiver a utho rit y.R e g u l atio ns . Ap pli c a b ility. Applicability.


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 123STA T . 2 50 0 PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (3) ( A ) TheS e cr e ta r ym aye s ta bli sha fund, t o be k no w nas the ‘ D e p artment of Defense C i v ilian W orkforce I ncentive F und ’ (in this para g raph referred to as the ‘Fund’) . ‘‘( B ) The Fund shall consist of the following ‘‘(i) Amounts appropriated to the Fund. ‘‘(ii) Amounts available for compensation of employees that are transferred to the Fund. ‘‘(C) Amounts in the Fund shall be available for the following: ‘‘(i) Incentive payments for employees based on team or individual performance (which payments shall be in addition to basic pay). ‘‘(ii) Incentive payments to attract or retain employees with particular or superior q ualifications or abilities. ‘‘(D) The authority provided in this paragraph is in addition to, and does not supersede or replace, any authority or source of funding otherwise available to the Secretary to pay bonuses or make incentive payments to civilian employees of the Depart - ment. ‘‘( 4 )(A) Any action taken by the Secretary under this subsection, or to implement this subsection, shall be sub j ect to the requirements of subsection (c) and chapter 71 . ‘‘(B) Any rules or regulations promulgated pursuant to this subsection shall be deemed an agency rule or regulation under section 7117(a)( 2 ), and shall not be deemed a G overnment-wide rule or regulation under section 7117(a)(1). ‘‘(b) F LEXIB ILI T IE SR EL A TI NG T O A P POINT M ENTS. — (1) The Sec- retary, in coordination with the Director, shall promulgate regula- tions to redesign the procedures which are applied by the Depart- ment of Defense in making appointments to positions within the competitive service in order to— ‘‘(A) better meet mission needs ‘‘(B) respond to managers’ needs and the needs of applicants; ‘‘(C) produce high-quality applicants; ‘‘(D) support timely decisions; ‘‘( E ) uphold appointments based on merit system principles; and ‘‘(F) promote competitive job offers. ‘‘(2) In redesigning the process by which such appointments shall be made, the Secretary, in coordination with the Director, may waive the requirements of chapter 33, and the regulations implementing such chapter, to the e x tent necessary to achieve the objectives of this section, while providing for the following: ‘‘(A) Fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appoint- ments to positions. ‘‘(B) Fair and open competition and equitable treatment in the consideration and selection of individuals to positions. ‘‘(C) Fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, or promoting employees. ‘‘(3) In implementing this subsection, the Secretary shall comply with the provisions of section 23 0 2(b)(11), regarding veterans’ pref- erence requirements, in a manner consistent with that in which such provisions are applied under chapter 33. ‘‘(4)(A) Any action taken by the Secretary under this subsection, or to implement this subsection, shall be subject to the requirements of subsection (c) and chapter 71. Waiver a utho rit y.R e g u l atio ns .


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 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


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 123STA T . 2 50 2 PUBLIC LA W 111 –84—O CT. 28 , 200 9unio n part i c ipation ri gh t s, an d th e procedures and processes used to en f orce e m p l o y ee rights and ‘ ‘ (C) a program under w hich e x perienced super v isors mentor new supervisors b y — ‘‘(i) sharing k nowledge and advice in areas such as communication, critical thinking, responsibility, flexibility, motivating employees, teamwork, leadership, and profes - sional development; and ‘‘(ii) pointing out strengths and areas for development . ‘‘( 2 ) E ach supervisor shall be re q uired to complete a program at least once every 3 years. ’ ’. (e) REPORTS .— T he S ecretary of D efense shall provide a report to the covered committees (as defined by subsection (g)( 6 ))— ( 1 ) no later than 6 months after the date of enactment of this A ct, on the initial steps being taken to reclassify posi- tions from the N S P S and the initial conversion plan to begin converting employees from the NSPS, which information shall be supplemented by reports describing the progress of the conversion process which shall be submitted to the same committees on a semiannual basis; (2) no later than 12 months after date of enactment, a plan for the personnel management system as authori z ed by section 9 9 0 2(a) of title 5, U nited States Code, as amended by this section, which plan shall not take effect until 90 days after the submission of the plan to Congress; and (3) no later than 12 months after date of enactment, a plan for the appointment procedures as authorized by section 9902(b) of title 5, United States Code, as amended by this section. (f) C L ER ICA LA M E ND MENTS.— (1) The heading of section 9902 of title 5, United States Code, is amended to read as follows

‘ §9 9 02.Departm e n t of Defen s e personne l a u t h or i ties ’ ’. (2) The table of sections at the beginning of chapter 99 of such title is amended by striking the item relating to section 9902 and inserting the following: ‘ ‘ 9 9 02.Departm e n t of Defen s e personne l a u t h or i ties. ’ ’. (g) O T H ER PERSONNEL F LE X I B ILITIES.— (1) I N G ENERAL.—If the Secretary of Defense determines that it would be in the best interest of the Department of Defense to implement personnel flexibilities in addition to those authorized under section 9902 of title 5, as amended by this section, the Secretary, in coordination with the Director of the Office of Personnel M anagement, may develop and submit to the covered committees, not later than 6 months after the date of the enactment of this Act, a proposal to implement— (A) additional personnel flexibilities and associated statutory waivers with respect to the application of the G eneral Schedule (as defined in section 5332 of title 5, United States Code); or ( B ) additional personnel flexibilities and associated statutory waivers, which would require exemption from the application of the General Schedule (as so defined). (2) RATIONALE.—If the Secretary’s proposal is to implement authorities described in paragraph (1)(B), the Secretary shall Det e rmina ti o n . Dea dl ine. P ro p o s al. Ef fe c ti v e date. Plans. Deadline.


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 123STA T . 2 50 3 PUBLIC LA W 111 –84—O CT. 28 , 200 9providea de t ai l ed ratio n ale a s to why i m plementation o f a u thorities des c ri b ed in para g raph (1) ( A ) are not ade q uate or appropriate to meet the interests of the D epartment . ( 3 ) REQUIR E M E NTS . —T he S ecretary ’ s proposal (whether as described in paragraph (1)(A) or (1)( B ))— (A) shall be developed in a manner consistent with the requirements of subsections (c) and (d) of section 9 9 02 of title 5,U nited States C ode, as amended by this section (B) shall include a description of proposed regulations and implementing rules that the Secretary plans to adopt for the proposed system; (C) shall identify and provide a rationale for any statu - tory waiver that would be required to implement the pro- posed system; (D) shall describe the steps that the Department would ta k e to avoid problems of the type described in the report of the Defense Business Board, dated August 2009, regarding the N ational Security P ersonnel System; and ( E ) may not provide for the waiver of any provision of law that cannot be waived under paragraph (3) of section 9902(b) of title 5, United States Code (as in effect on the day before the date of the enactment of this Act), and shall be sub j ect to the requirements in paragraphs ( 4 ) and (5) of such section (as then in effect). (4) C O N G RESSION AL A P PRO V AL REQUIRE D .— I f Congress approves the Secretary’s proposal in the National Defense Authori z ation Act for F iscal Y ear 2011, the Secretary may implement the proposal (subject to any changes required by law) and begin the implementation of such proposal for per- sonnel included in the National Security Personnel System, in lieu of the transition that would otherwise be required by subsection (b), subject to paragraph (5). (5) RESTRI C TIONS.—Notwithstanding any approval under paragraph (4), the provisions of subsection (b)(2) and (c)(4) shall apply with respect to any proposal approved under such paragraph, unless and until modified or repealed in legislation enacted after the date of the enactment of this Act. ( 6 )DE F INITIONS.—For purposes of this subsection, the term ‘ ‘covered committees’’ means— (A) the Committees on Armed Services of the Senate and the H ouse of Representatives; (B) the Committee on Homeland Security and G overn- mental Affairs of the Senate; and (C) the Committee on O versight and Government Reform of the House of Representatives. (h) M ODIFICATION OF IMPLEMENTATION AUT H ORITIES AND L IMITATIONS.—Section 1106 of the National Defense Authorization Act for Fiscal Year 200 8 (Public Law 110-181; 122 Stat. 349) is amended— (1) by striking subsection (b); (2) by redesignating subsection (c) as subsection (b); and (3) in subsection (b) (as so redesignated by paragraph (2))— (A) by striking paragraph (1) and inserting the fol- lowing ‘‘(1) The Comptroller General shall conduct a review, in each of calendar years 2010, 2011, and 2012, of— Revi e w.D e adl i n e s . 5USC9 9 02 n ot e. Ap pli c a b ilit y .


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 123STA T . 2 504PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9‘ ‘ (A)employ ee sati s f a c tio nw it h any p r ocesses esta b- lishe d p u rsuant to re g ulations promulgated by the S ec- retary of D efense pursuant to section 9 9 02 of title 5,U nited States C ode (as amended by section 1 11 3 of the N ational Defense Authori z ation Act for F iscal Y ear 2011 and ‘‘( B )thee x tent to which any processes so established are fair, credible, and transparent, as re q uired by such section 9902 (as so amended) .’ ’; and (B) in paragraph (2), by stri k ing ‘‘the National Security P ersonnel System’’ and inserting ‘‘any processes established pursuant to such regulations’’. SEC.1 11 4 . PROVI SIO N SRE LAT IN G TOT H E D E F ENSE CIVILIAN INTEL - LIGENCE PERSONNEL S Y STE M . (a) S USPEN S IO NO F CE RTA IN PA Y AUT H ORITY. —E ffecti v e with respect to amounts paid during the period beginning on the date of the enactment of this Act and ending on December 31, 2010, rates of basic pay for employees and positions within any element of the intelligence community (as defined by the National Security Act of 19 47 )— (1) may not be fixed under the Defense Civilian I ntelligence Personnel System; and (2) shall instead be fixed in accordance with the provisions of law that (disregarding DCIPS) would then otherwise apply. T he preceding sentence shall not apply with respect to the National G eospatial-Intelligence Agency. (b) R ESPONSE TO GA O REPORT.—Not later than 3 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional oversight committees a written description of any actions taken or proposed to be taken by such Secretary in response to the review and recommendations of the Government Accountability Office regarding the Defense Civilian Intelligence Personnel System. (c) IN D EPENDENT OR G ANI Z ATION.— (1) IN GENERA L .—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, the Director of the Office of Personnel M anagement, and the Director of National Intelligence shall j ointly designate an inde- pendent organization to review the operation of the Defense Civilian Intelligence Personnel System, including— (A) its impact on career progression; (B) its appropriateness or inappropriateness in light of the complexities of the workforce affected; (C) its sufficiency in terms of providing protections for diversity in promotion and retention of personnel; and (D) the adequacy of the training, policy guidelines, and other preparations afforded in connection with transitioning to that system. (2) DEADLINE.—The independent organization shall, after appropriate consultation with employees and employee organizations, submit its findings and recommendations under this section to the Secretary of Defense and the congressional oversight committees, in a written report, not later than J une 1, 2010. (d) PROPOSED A C TIONS BASED ON REPORT.—Not later than 6 0 days after receiving the report of the independent organization under subsection (c), the Secretary of Defense, in coordination with Reports.D e adlin e. Desi g nation. T i m e period. 10USC 1 6 01 note.


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 123STA T . 2 50 5 PUBLIC LA W 111 –84—O CT. 28 , 200 9theDir e c t o ro f the O ffice of P er s o n ne lMa na g e m ent an d the Director of N ational I ntelligence , shall s ub mit to the congressional o v ersight committees a w ritten re p ort describing an y actions that the S ec - retary has ta k en or proposes to take in response to such report .( e )HOLD - HARM L ES S PRO VI SIO N . — No employee shall suffer any loss of or decrease in pay as a result of being converted from D C IPS in compliance with subsection (a). (f) DE F INI T IONS.— F or purposes of this section— ( 1 ) the terms ‘ ‘Defense Civilian Intelligence Personnel System ’ ’ and ‘‘DCIPS’’ mean the civilian personnel system estab- lished by the Secretary of Defense under regulations— ( A ) prescribed pursuant to sections 1 60 1 through 161 4 of title 10, U nited States Code and ( B ) taking effect in September 2 00 8 or thereafter; and (2) the term ‘‘congressional oversight committees’’ means— (A) the Committee on Armed Services and the Perma- nent Select Committee on Intelligence of the House of R epresentatives; and (B) the Committee on Armed Services and the Select Committee on Intelligence of the Senate. Subti t leB—Prov i s io n s R el a tin g to Ree mp lo y ment o fA nnuitants SEC.1 1 2 1. AUTHORI T Y TOE XP A ND SCOPE O F PRO V ISIONS RE L ATIN G TO UNREDUCED CO M PENSATION FOR CERTAIN REEMPLOYED ANNUITANTS. (a) IN G ENERAL.—Section 9 902(h) of title 5, United States Code, is amended— (1) by redesignating paragraph ( 3 ) as paragraph (4); and (2) by inserting after paragraph (2) the following ‘‘(3) Benefits similar to those provided by paragraphs (1) and(2)maybee x tended, in accordance with regulations pre- scribed by the President, so as to be made available with respect to reemployed annuitants within the Department of Defense who are sub j ect to such other retirement systems for Government employees (whose annuities are payable under authorities other than subchapter III of chapter 83 or chapter 84 of title 5) as may be provided for under such regulations.’’. (b) CONFORMIN G AMENDMENT.—Paragraph (4) of section 9902(h) of such title 5 (as so designated by subsection (a)(1)) is amended by striking the period and inserting ‘‘, excluding paragraph (3).’’. SEC. 1122. PART - TIME REEMPLOYMENT. (a) CIVIL SERVI C E RETIREMENT S Y STEM.—Section 8344 of title 5, United States Code, is amended— (1) by redesignating subsection (l) as subsection (m); (2) by inserting after subsection (k) the following: ‘‘(l)(1) For purposes of this subsection— ‘‘(A) the term ‘head of an agency’ means— ‘‘(i) the head of an E xecutive agency, other than the Department of Defense or the Government Accountability Office; ‘‘(ii) the head of the United States Postal Service; Presid e nt.R e gula ti o ns.


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 123STA T . 2 506PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (i ii )theD i r e c t o ro f the Adm i n i s tr a ti v e O ffice of the U nited S tates C o u rts ,w ith res p ect to emp l o y ees of the j udicial b ranch and ‘‘(iv) any employin g authority described under sub - section ( k )( 2 ), other than the G overnment Accountability Office; and ‘‘( B ) the term ‘limited time appointee ’ means an annuitant appointed under a temporary appointment limited to 1 year or less . ‘‘(2) T he head of an agency may waive the application of sub- section (a) or (b) with respect to any annuitant who is employed in such agency as a limited time appointee, if the head of the agency determines that the employment of the annuitant is nec- essary to — ‘‘(A) fulfill functions critical to the mission of the agency, or any component of that agency; ‘‘(B) assist in the implementation or oversight of the Amer- ican R ecovery and Reinvestment Act of 2 0 0 9 ( P ublic L aw 111 –5 ) or the Troubled Asset Relief Program under title I of the E mergency Economic Stabili z ation Act of 200 8 (12 U.S.C. 5201 et se q .); ‘‘(C) assist in the development, management, or oversight of agency procurement actions; ‘‘(D) assist the Inspector General for that agency in the performance of the mission of that Inspector General; ‘‘(E) promote appropriate training or mentoring programs of employees; ‘‘( F ) assist in the recruitment or retention of employees; or ‘‘(G) respond to an emergency involving a direct threat to life of property or other unusual circumstances. ‘‘( 3 ) The head of an agency may not waive the application of subsection (a) or (b) with respect to an annuitant— ‘‘(A) for more than 520 hours of service performed by that annuitant during the period ending 6 months following the individual’s annuity commencing date; ‘‘(B) for more than 10 4 0 hours of service performed by that annuitant during any 12-month period; or ‘‘(C) for more than a total of 3120 hours of service performed by that annuitant. ‘‘(4)(A) The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies may not e x ceed 2.5 percent of the total number of full- time employees of that agency. ‘‘(B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8468(i) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Com- mittee on H omeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Office of Personnel M anage- ment— ‘‘(i) a report with an explanation that justifies the need for the waivers in excess of that percentage; and ‘‘(ii) not later than 180 days after submitting the report under clause (i), a succession plan. Deadlin e .Suc ce s si o n p lan. R epo rt s. W ai v er aut h orit y . Deter m ination.


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 123STA T . 2 507PUBLIC LA W 111 –84—O CT. 28 , 200 9‘ ‘ (5) ( A ) TheDir e cto ro f the O ffice of P er s o n ne lMa na g e m ent ma yp rom u lgate regulations pro v i d ing for the administration of this su b section . ‘‘( B ) Any regulations promulgated under subparagraph (A) may — ‘‘(i) provide standards for the maintenance and form of necessary records of employment under this subsection ‘‘(ii) to the e x tent not other w ise expressly prohibited by law , re q uire employing agencies to provide records of such employment to the Office of Personnel Management or other employing agencies as necessary to ensure compli - ance with paragraph ( 3 ); ‘‘(iii) authori z e other administratively convenient periods substantially equivalent to 12 months, such as 2 6 pay periods, to be used in determining compliance with paragraph (3)(B); ‘‘(iv) include such other administrative requirements as the Director of the Office of Personnel Management may find appropriate to provide for the effective operation of, or to ensure compliance with, this subsection; and ‘‘(v) encourage the training and mentoring of employees by any limited time appointee employed under this sub- section. ‘‘(6)(A) Any hours of training or mentoring of employees by any limited time appointee employed under this subsection shall not be included in the hours of service performed for purposes of paragraph (3), but those hours of training or mentoring may not exceed 52 0 hours. ‘‘(B) I f the primary service performed by any limited time appointee employed under this subsection is training or mentoring of employees, the hours of that service shall be included in the hours of service performed for purposes of paragraph (3). ‘‘( 7 ) The authority of the head of an agency under this sub- section to waive the application of subsection (a) or (b) shall termi- nate 5 years after the date of enactment of the N ational Defense Authorization Act for F iscal Y ear 2010. ’ ’; and (3) in subsection (m) (as so redesignated)— (A) in paragraph (1), by stri k ing ‘‘(k)’’ and inserting ‘‘(l)’’; and (B) in paragraph (2), by striking ‘‘or (k)’’ and inserting ‘‘(k), or (l)’’. (b) F ED E RALEMP L OY EE R E TI REME N T S Y S TEM.—Section 84 68 of title 5, U nited States C ode, is amended— (1) by redesignating subsection (i) as subsection ( j ); (2) by inserting after subsection (h) the following ‘‘(i)(1) For purposes of this subsection— ‘‘(A) the term ‘head of an agency’ means— ‘‘(i) the head of an Executive agency, other than the Department of Defense or the G overnment Accountability Office; ‘‘(ii) the head of the United States Postal Service; ‘‘(iii) the Director of the Administrative Office of the United States Courts, with respect to employees of the judicial branch; and ‘‘(iv) any employing authority described under sub- section (h)(2), other than the Government Accountability Office; and Terminat i o n d ate .


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 123STA T . 2 508PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9‘ ‘ (B)the te rm ‘ li mite d time ap p o i n tee ’ mean s an ann u itant appointed under a temporar y appointment limited to 1 year or less . ‘‘( 2 ) T he head o f ana g en c y may w ai v e the application of su b- section (a) with respect to any annuitant who is employed in such agency as a limited time appointee , if the head of the agency determines that the employment of the annuitant is necessary to — ‘‘( A ) fulfill functions critical to the mission of the agency, or any component of that agency ‘‘(B) assist in the implementation or oversight of the Amer- ican R ecovery and Reinvestment Act of 2 0 0 9 ( P ublic L aw 111 –5 ) or the Troubled Asset Relief Program under title I of the E mergency Economic S tabili z ation Act of 200 8 (12 U .S. C . 5201 et se q .); ‘‘(C) assist in the development, management, or oversight of agency procurement actions; ‘‘( D ) assist the Inspector G eneral for that agency in the performance of the mission of that Inspector General; ‘‘(E) promote appropriate training or mentoring programs of employees; ‘‘( F ) assist in the recruitment or retention of employees; or ‘‘(G) respond to an emergency involving a direct threat to life of property or other unusual circumstances. ‘‘( 3 ) The head of an agency may not waive the application of subsection (a) with respect to an annuitant— ‘‘(A) for more than 520 hours of service performed by that annuitant during the period ending 6 months following the individual’s annuity commencing date; ‘‘(B) for more than 10 4 0 hours of service performed by that annuitant during any 12-month period; or ‘‘(C) for more than a total of 3120 hours of service performed by that annuitant. ‘‘(4)(A) The total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies may not e x ceed 2.5 percent of the total number of full- time employees of that agency. ‘‘(B) If the total number of annuitants to whom a waiver by the head of an agency under this subsection or section 8344(l) applies exceeds 1 percent of the total number of full-time employees of that agency, the head of that agency shall submit to the Com- mittee on H omeland Security and Governmental Affairs of the Senate, the Committee on O versight and Government Reform of the House of Representatives, and the Office of Personnel M anage- ment— ‘‘(i) a report with an explanation that j ustifies the need for the waivers in excess of that percentage; and ‘‘(ii) not later than 180 days after submitting the report under clause (i), a succession plan. ‘‘(5)(A) The Director of the Office of Personnel Management may promulgate regulations providing for the administration of this subsection. ‘‘(B) Any regulations promulgated under subparagraph (A) may— ‘‘(i) provide standards for the maintenance and form of necessary records of employment under this subsection; Deadlin e .Suc ce s si o n p lan. R epo rt s. W ai v er aut h orit y . Deter m ination.


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 123STA T . 2 509PUBLIC LA W 111 –84—O CT. 28 , 2009 ‘ ‘ (i i )to t he e x te n t not othe rw i s eex p ress ly prohi b ite d by l a w , re qu ire e m ployin g agen c ies to pro v ide records o f such employment to the O ffice or other employing agencies as nec - essary to ensure compliance with paragraph ( 3 ) ‘‘(iii) authori z e other administratively convenient periods substantially equivalent to 12 months, such as 2 6 pay periods, to be used in determining compliance with paragraph (3)( B ); ‘‘(iv) include such other administrative requirements as the D irector of the Office of P ersonnel M anagement may find appropriate to provide for effective operation of, or to ensure compliance with, this subsection; and ‘‘(v) encourage the training and mentoring of employees by any limited time appointee employed under this subsection . ‘‘(6)( A ) Any hours of training or mentoring of employees by any limited time appointee employed under this subsection shall not be included in the hours of service performed for purposes of paragraph (3), but those hours of training or mentoring may not exceed 5 2 0 hours. ‘‘(B) I f the primary service performed by any limited time appointee employed under this subsection is training or mentoring of employees, the hours of that service shall be included in the hours of service performed for purposes of paragraph (3). ‘‘( 7 ) T he authority of the head of an agency under this sub- section to waive the application of subsection (a) shall terminate 5 years after the date of enactment of the N ational Defense Authorization Act for F iscal Y ear 2010. ’ ’; and (3) in subsection ( j ) (as so redesignated) — (A) in paragraph (1), by stri k ing ‘‘(h)’’ and inserting ‘‘(i)’’; and (B) in paragraph (2), by striking ‘‘or (h)’’ and inserting ‘‘(h), or (i)’’. (c) RULEOFC O NSTR U C T I ON.—Nothing in the amendments made by this section may be construed to authorize the waiver of the hiring preferences under chapter 33 of title 5, U nited S tates Code in selecting annuitants to employ in an appointive or elective posi- tion. (d) TEC H NIC A LAN D CONFOR M IN G AMENDMENTS.—Section 1005(d)(2) of title 3 9, United States Code, is amended— (1) by striking ‘‘(l)(2)’’ and inserting ‘‘(m)(2)’’; and (2) by striking ‘‘(i)(2)’’ and inserting ‘‘(j)(2)’’. SEC.1 1 23 . GOV E RNM EN TA CCO U NTA BIL IT Y O F FICE RE P ORT. (a) IN G ENERAL.—Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on H omeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report regarding the use of the authority under the amendments made by section 1122. (b) CONTENTS.—The report submitted under subsection (a) shall— (1) include the number of annuitants for whom a waiver was made under subsection (l) of section 8 3 4 4 of title 5, United States Code, as amended by this subtitle, or subsection (i) of section 8468 of title 5, United States Code, as amended by this subtitle; and 5USC834 4 note.T e rmi n a tion d ate.


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 123STA T . 2 5 1 0PUBLIC LA W 111 –84—O CT. 28 , 200 9(2)ident i fy e ach a g ency that us ed the auth or ity descri b ed in p aragraph ( 1 ) . (c) AGENCYDAT A. —E ach head of an agency (as defined under sections 834 4( l )(1) and 84 6 8(i)(1)(A) of title 5,U nited S tates C ode, as added by section 1122 of this subtitle) shall— (1) collect and m aintain data necessary for purposes of the Comptroller G eneral report submitted under subsection (a) and (2) submit to the Comptroller General that data as the Comptroller General re q uires in a timely fashion. TI T LEX II —MA TTE RS RELATI NG T OF OREIGN NATIONS Subti t leA— A s sist anc ean dTr ainin g Sec .120 1. O ne -y ear e x tensi o no f aut h ority for security and stabili z ation assist- ance. Sec. 1202. E x p ansion of authority and m odification of notification and reporting re q uirements for use of authority for support of special operations to combat terrorism. Sec. 120 3 . M odification of report on foreign-assistance related programs carried out by the D epartment of Defense. Sec. 120 4 . R eport on authorities to build the capacity of foreign military forces and related matters. Sec. 120 5 . Authority to pro v ide administrative services and support to coalition li- aison officers of certain foreign nations assigned to U nited States J oint F orces C ommand. Sec. 120 6 . Modification of authorities relating to program to build the capacity of foreign military forces. Sec. 120 7 . Authority for non-reciprocal exchanges of defense personnel bet w een the United States and foreign countries. Sec. 120 8 . Report on alternatives to use of acquisition and cross-servicing agree- ments to lend military equipment for personnel protection and surviv- ability. Sec. 120 9 . Enhancing I raqi security through defense cooperation between the United States and Iraq. Sec. 1210. Availability of appropriated funds for the State P artnership Program. Subtitle B —Matters Relating to Iraq , Afghanistan, and Pa k istan Sec. 1221. L imitation on availability of funds for certain purposes relating to Iraq. Sec. 1222. One-year extension and expansion of Commanders ’ Emergency Re- sponse Program. Sec. 1223. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1224. Pakistan Counterinsurgency Fund. Sec. 1225. Program to provide for the registration and end-use monitoring of de- fense articles and defense services transferred to Afghanistan and Paki- stan. Sec. 1226. Reports on campaign plans for Iraq and Afghanistan. Sec. 1227. Report on responsible redeployment of United States Armed Forces from Iraq. Sec. 1228. Report on community-based security programs in Afghanistan. Sec. 1229. Updates of report on command and control structure for military forces operating in Afghanistan. Sec. 1230. Report on feasibility and desirability of establishing general uniform procedures and guidelines for the provision of monetary assistance by the United States to civilian foreign nationals for losses incident to com- bat activities of the armed forces. Sec. 1231. Assessment and report on United States-Pakistan military relations and cooperation. Sec. 1232. Report on progress toward security and stability in Pakistan. Sec. 1233. Repeal of G AO war-related reporting requirement. Sec. 1234. Authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan. Sec. 1235. Analysis of required force levels and types of forces needed to secure southern and eastern regions of Afghanistan.


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 123STA T . 2 5 11 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Sec.1236 . Modif ic at io n of r e p ort on pro g re s sto w ard sec u rit y and sta b i l ity in A f - g h anistan. Sec. 123 7 . N o per m anent military bases in Afghanistan. Subtitle C—O ther Matters Sec. 12 4 1. R eport on U nited States engagement with I ran. Sec. 1242. Annual counterterrorism status reports. Sec. 1243. Report on United States contributions to the United Nations. Sec. 1244. NA T O Special Operations Coordination Center. Sec. 124 5 . Annual report on military power of Iran. Sec. 1246. Annual report on military and security de v elopments involving the P eo- ple ’ s Republic of China. Sec. 1247. Report on impacts of drawdown authorities on the D epartment of De- fense. Sec. 124 8 . Ris k assessment of United States space e x port control policy. Sec. 124 9 . Patriot air and missile defense battery in Poland. Sec. 125 0 . Report on potential foreign military sales of the F– 22A fighter aircraft. Sec. 1251. Report on the plan for the nuclear weapons stockpile , nuclear weapons complex, and delivery platforms and sense of Congress on follow-on ne- gotiations to START Treaty. Sec. 1252. Map of mineral-rich z ones and areas under the control of armed groups in the Democratic Republic of the Congo. Sec. 1253. Sense of Congress relating to Israel. Sec. 1254. Sense of Congress on imposing sanctions with respect to Iran. Sec. 1255. Report and sense of Congress on North K orea. Sec. 1256. Report on potential missile defense cooperation with Russia. Subtitle D— V OIC E Act Sec. 1261. Short title. Sec. 1262. Authorization of appropriations. Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund. Sec. 1264. Annual report. Sec. 1265. Report on actions by non-Iranian companies. Sec. 1266. H uman rights documentation. Subti t leA— A s sist anc ean dTr ainin gSEC.120 1. ON E -Y E AR E XT ENS I ONO F A U T H ORITY FOR SECURITY AN D STA B I L I Z ATION ASSISTANCE. Section1207(g) o f t h e Na tiona lD efen s e Au tho r i z ation Act for F iscal Y ear 200 6 ( P u b lic L a w 10 9– 16 3; 119 Stat . 3 458 ) , asa m en d ed b y section 1210 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 369) and section 1207 of the Duncan H unter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4625), is further amended by stri k ing ‘ ‘Se p tember 30, 2009 ’ ’ and inserting ‘‘September 30, 2010’’. SEC. 1202. EX P ANSION OF AUTHORITY AND M ODIFICATION OF NOTIFICATION AND REPORTIN G RE Q UIREMENTS FOR USE OF AUTHORITY FOR SUPPORT OF SPECIAL OPER- ATIONS TO COMBAT TERRORISM. (a) A UTHORI T Y . — Section 1208(a) of the R onald W . Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086), as amended by section 1208(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4626), is further amended by striking ‘‘ $ 35,000,000’’ and inserting ‘‘$40,000,000’’. (b) NOTI F I CA TIO N .—Section 1208(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086), as amended by section 1208(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4626), is further amended—


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 123STA T . 2 5 12 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(1)bystrik i ng‘ ‘ Upo n u sing ’ ’ a n d ins e rting t h e f o l lo w ing ‘‘(1) INGE NE RAL.— Upon using’’ ( 2 ) by inserting after ‘‘support of an appro v ed m ilitary operation’’ the following: ‘‘or c hanging the scope or funding level of any support for such an operation’’; ( 3 ) by striking ‘‘ S uch a notification need be provided only once with respect to any such operation.’’; and ( 4 ) by adding at the end the following new paragraph: ‘‘(2) CO N T ENT.— N otifications re q uired under this sub - section shall include the following information: ‘‘( A ) T he type of support provided or to be provided to United States special operations forces. ‘‘( B ) The type of support provided or to be provided to the recipient of the funds. ‘‘(C) The amount obligated under the authority to pro- vide support.’’. (c) ANN U AL R E P ORT.—Section 12 08 (f) of the Ronald W . Reagan National D efense Authori z ation Act for F iscal Y ear 200 5 ( P ublic L aw 108 – 3 7 5; 118 Stat. 208 6 ) is amended in the second sentence by striking ‘‘shall describe the support’’ and all that follows through the period at the end and inserting ‘‘shall include the following information: ‘‘(1) A description of supported operations. ‘‘(2) A summary of operations. ‘‘(3) The type of recipients that received support , identified by authorized category (foreign forces, irregular forces, groups, or individuals). ‘‘(4) The total amount obligated in the previous fiscal year, including budget details. ‘‘(5) The total amount obligated in prior fiscal years. ‘‘(6) The intended duration of support. ‘‘(7) A description of support or training provided to the recipients of support. ‘‘(8) A value assessment of the operational support pro- vided.’’. SEC.1203 . MODIF IC AT IO N OF R E P ORT ON FOREI G N - ASSISTANCE RE L ATED PROGRAMS CARRIED O U T BY T H E DEPART- MENT OF DEFENSE. (a) A M EN D MENT.—Section 120 9 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 368) is amended— (1) in subsection (a), by striking ‘‘180 days after the date of the enactment of this Act’’ and inserting ‘‘February 1 of each year through February 1, 2013’’; and (2) in subsection (b)(1)— (A) in subparagraph ( G ), by striking ‘‘and’’ at the end; and (B) by adding at the end the following new subpara- graph: ‘‘(I) subsection (b)(6) of section 166a of title 10, United States Code; and’’. (b) REPORT F ORF ISC AL YEARS 2008 AND 2009.—The report required to be submitted not later than February 1, 2010, under section 1209(a) of the National Defense Authorization Act for Fiscal Year 2008, as amended by subsection (a), shall include information


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 123STA T . 2 5 13 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9requi re d u n der s u ch sec t i o n w ith res p ect to f isc aly ears 20 0 8 and 200 9.SEC.1204 . R E PO R T O NAU T H OR I TIES TO B UI LD THE CAPACIT Y O F FOREI G N M ILITARY FORCES AND RELATED MATTERS. ( a )REPORT RE QUI RE D . —N ot later than M arch 1, 2010, the P resident shall trans m it to the con g ressional committees specified in su b section (b) a report on the following (1) T he relationship between authorities of the D epartment of Defense to conduct security cooperation programs to train and equip, or otherwise build the capacity of, foreign military forces and security assistance authorities of the Department of S tate and other foreign assistance agencies to pro v ide assist - ance to train and equip, or otherwise build the capacity of, foreign military forces, including the distinction, if any, between the purposes of such authorities, the processes to generate requirements to satisfy the purposes of such authorities, and the contribution such authorities ma k e to the core missions of each such department and agency. (2) The strengths and weaknesses of the F oreign A ssistance Act of 19 6 1 (22 U .S. C .21 5 1 et seq.), the Arms Ex port Control Act (22 U.S.C. 21 7 1 et seq.), title 10, United States Code, and any other provision of law relating to training and equip- ping, or otherwise building the capacity of, foreign military forces, including to conduct counterterrorist operations or participate in or support military and stability operations in which the United State Armed Forces are a participant. ( 3 ) The changes, if any, that should be made to the provi- sions of law described in paragraph (2) that would improve the ability of the United States G overnment to train and equip, or otherwise build the capacity of, foreign military forces, including to conduct counterterrorist operations or participate in or support military and stability operations in which the United State Armed Forces are a participant. ( 4 ) The organi z ational and procedural changes, if any, that should be made in the Department of Defense and the Depart- ment of State and other foreign assistance agencies to improve the ability of such departments and agencies to conduct pro- grams to train and equip, or otherwise build the capacity of, foreign military forces, including to conduct counterterrorist operations or participate in or support military and stability operations in which the United State Armed Forces are a participant. (5) The resources and funding mechanisms required to ensure adequate funding for such programs. (b) SPE C I F IED CO NG RE S SION AL CO M MITTEES.—The congressional committees specified in this subsection are the following: (1) The Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the H ouse of Representatives. (2) The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.


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 123STA T . 2 5 1 4PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9SEC.1205 . AUTHORI T Y TO P RO V I D EAD M I N ISTRATIVE SERVICES AND SUPPORT TO COA L ITION LIAISON O F FICERS OF CERTAIN FOREI G N NATIONS ASSIGNED TO UNITED STATES J OINT FORCES COMMAND. (a)EXTENSIO NO FAU T H O R IT Y.—Subsection (a) o f section 105 1a of tit l e10 ,U nite d States C ode, is a m ended— (1) b y st r i k in g‘ ‘assigned tem p orarily ’ ’ and inserting ‘‘assigned temporarily as follo w s ’’ ( 2 ) by designating t h e remainder of the te x t of that sub - section as paragraph (1) and indenting that text two ems from the left margin; ( 3 ) in paragraph (1), as so designated, by striking ‘‘to the head q uarters’’ and inserting ‘‘ T o the headquarters’’; and ( 4 ) by adding at the end the following new paragraph: ‘‘(2) To the headquarters of the combatant command assigned by the Secretary of D efense the mission of j oint warfighting experimentation and joint forces training.’’. (b) EFFE C TI V ED A TE.— P aragraph (2) of section 1051a(a) of title 10, United States Code (as added by subsection (a)), shall take effect on O ctober 1, 200 9, or the date of the enactment of this Act, whiche v er is later. SEC. 120 6 . MODIFICATION OF AUTHORITIES RELATING TO PROGRAM TO B UILD THE CAPACITY OF FOREIGN MILITARY FORCES. (a) TE MP ORARY L IMITATION ON AMOUNT FOR B UI LD IN G CAPACITY FOR M ILITARY AND STA B ILITY OPERATIONS.—Section 120 6 (c) of the N ational Defense Authori z ation Act for F iscal Y ear 2006 (Public Law 109 – 163; 119 Stat. 3456), as amended by section 1206 of the J ohn W arner National Defense Authorization Act for Fiscal Year 200 7 (Public Law 109–364; 120 Stat. 241 8 ) and section 1206 of the Duncan H unter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4625), is further amended by adding at the end the following new paragraph: ‘‘(5) TEMPORARY LIMITATION ON AMOUNT FOR BUILDING CAPACITY TO PARTICIPATE IN OR SUPPORT MILITARY AND STA- BILITY OPERATIONS.—Of the funds used to carry out a program under subsection (a), not more than $ 75,000,000 may be used during fiscal year 2010, and not more than $75,000,000 may be used during fiscal year 2011, for purposes described in subsection (a)(1)(B).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on October 1, 2009, and shall apply with respect to programs under section 1206(a) of the National Defense Authorization Act for Fiscal Year 2006 that begin on or after that date. SEC. 120 7 . AUTHORITY FOR NON - RECIPROCAL E X CHANGES OF DEFENSE PERSONNEL BET W EEN THE UNITED STATES AND FOREIGN COUNTRIES. (a) AUTHORITY TO ENTER I NTO NON-RECIPROCAL INTERNATIONAL EXCHANGE AGREEMENTS.— (1) IN GENERAL.—The Secretary of Defense may enter into non-reciprocal international defense personnel exchange agree- ments. (2) INTERNATIONAL DEFENSE PERSONNEL EXCHANGE AGREE- MENTS DEFINED.—For purposes of this section, an international defense personnel exchange agreement is an agreement with 10USC 1 68note. 10 USC 10 5 1 a.