National Defense Authorization Act for 2010 Analysis

the 24-month period following the expiration of availability for obligation of any appropriations made to the Department of Defense for procurement, research, development, test, and evaluation, or operation and maintenance, transfer to the Fund any unobligated balance of such appropriations. Any amount so transferred shall be credited to the Fund.''.

(b) Nature of Expended Amounts Providing Basis for Credit to Fund.--Subparagraph (A) of paragraph (2) of such subsection is amended by striking ``, other than'' and all that follows and inserting ``from amounts available for contract services for operation and maintenance.''.

(c) Remittances.--Subparagraph (B) of paragraph (2) of such subsection is amended by inserting ``, from amounts available to such military department or Defense Agency, as the case may be, for contract services for operation and maintenance,'' after ``remit to the Secretary of Defense''.

(d) Additional Matters Relating to Remittances.--

(1) REMITTANCE BY FISCAL YEAR INSTEAD OF QUARTER.--Subparagraph (B) of paragraph (2) of such subsection is amended--

(A) in the first sentence, by striking ``the third fiscal year quarter'' and all that follows through ``thereafter'' and inserting ``the first quarter of each fiscal year''; and

(B) by striking ``quarter'' before ``for services''.

(2) ADDITIONAL REQUIREMENTS AND LIMITATIONS.--Such subsection is further amended--

(A) in paragraph (2)(B), by striking ``Not later than'' and inserting ``Subject to paragraph (4), not later than''; and

(B) by adding at the end the following new paragraph:

``(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMITTANCES.--(A) In the event amounts are transferred to the Fund during a fiscal year pursuant to paragraph (1)(B) or appropriated to the Fund for a fiscal year pursuant to paragraph (1)(C), the aggregate amount otherwise required to be remitted to the Fund for that fiscal year pursuant to paragraph (2)(B) shall be reduced by the amount equal to the amounts so transferred or appropriated to the Fund during or for that fiscal year. Any reduction in the aggregate amount required to be remitted to the Fund for a fiscal year under this subparagraph shall be allocated as provided in applicable provisions of appropriations Acts or, absent such provisions, on a pro rata basis among the military departments and Defense Agencies required to make remittances to the Fund for that fiscal year under paragraph (2)(B), subject to any exclusions the Secretary of Defense determines to be necessary in the best interests of the Department of Defense.

``(B) Any remittance of amounts to the Fund for a fiscal year under paragraph (2) shall be subject to the availability of appropriations for that purpose.''.

(e) Remittance Amounts.--Paragraph (2) of such subsection is further amended by striking subparagraphs (C) and (D) and inserting the following new subparagraphs:

``(C) For purposes of this paragraph, the applicable percentage for a fiscal year is the percentage that results in the credit to the Fund in such fiscal year of an amount as follows:

``(i) For fiscal year 2010, $100,000,000.

``(ii) For fiscal year 2011, $770,000,000.

``(iii) For fiscal year 2012, $900,000,000.

``(iv) For fiscal year 2013, $1,180,000,000.

``(v) For fiscal year 2014, $1,330,000,000.

``(vi) For fiscal year 2015, $1,470,000,000.

``(D) The Secretary of Defense may reduce an amount specified in subparagraph (C) for a fiscal year if the Secretary determines that the amount is greater than is reasonably needed for purposes of the Fund for such fiscal year. The Secretary may not reduce the amount for a fiscal year to an amount that is less than 80 percent of the amount otherwise specified in subparagraph (C) for such fiscal year.''.

(f) Clarification of Limitation on Pay of Base Salary of Current Employees.--Subsection (e)(5) of such section is amended by striking ``as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008'' and inserting ``serving in a position in the acquisition workforce as of January 28, 2008''.

(g) Technical Amendments.--

(1) Subsection (a) of such section is amended by inserting ``Development'' after ``Workforce''.

(2) Subsection (f) of such section is amended in the matter preceding paragraph (1) by striking ``beginning with fiscal year 2008''.

(h) Effective Dates.--

(1) FUNDING AMENDMENTS.--The amendments made by subsections (a) through (c) shall take effect as of October 1, 2009.

(2) TECHNICAL AMENDMENTS.--The amendments made by subsections (f) and (g) shall take effect on the date of the enactment of this Act.

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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle D--Acquisition Workforce Matters
P. L. 111-	House Conference Report 111-288
SEC. 832. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND. (a) Additional Element of Fund.--Subsection (d) of section 1705 of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) Amounts transferred to the Fund pursuant to paragraph (3).''; and (2) by adding at the end the following new paragraph: ``(3) TRANSFER OF CERTAIN UNOBLIGATED BALANCES.--To the extent provided in appropriations Acts, the Secretary of Defense may, during the 24-month period following the expiration of availability for obligation of any appropriations made to the Department of Defense for procurement, research, development, test, and evaluation, or operation and maintenance, transfer to the Fund any unobligated balance of such appropriations. Any amount so transferred shall be credited to the Fund.''. (b) Nature of Expended Amounts Providing Basis for Credit to Fund.--Subparagraph (A) of paragraph (2) of such subsection is amended by striking ``, other than'' and all that follows and inserting ``from amounts available for contract services for operation and maintenance.''. (c) Remittances.--Subparagraph (B) of paragraph (2) of such subsection is amended by inserting ``, from amounts available to such military department or Defense Agency, as the case may be, for contract services for operation and maintenance,'' after ``remit to the Secretary of Defense''. (d) Additional Matters Relating to Remittances.-- (1) REMITTANCE BY FISCAL YEAR INSTEAD OF QUARTER.--Subparagraph (B) of paragraph (2) of such subsection is amended-- (A) in the first sentence, by striking ``the third fiscal year quarter'' and all that follows through ``thereafter'' and inserting ``the first quarter of each fiscal year''; and (B) by striking ``quarter'' before ``for services''. (2) ADDITIONAL REQUIREMENTS AND LIMITATIONS.--Such subsection is further amended-- (A) in paragraph (2)(B), by striking ``Not later than'' and inserting ``Subject to paragraph (4), not later than''; and (B) by adding at the end the following new paragraph: ``(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMITTANCES.--(A) In the event amounts are transferred to the Fund during a fiscal year pursuant to paragraph (1)(B) or appropriated to the Fund for a fiscal year pursuant to paragraph (1)(C), the aggregate amount otherwise required to be remitted to the Fund for that fiscal year pursuant to paragraph (2)(B) shall be reduced by the amount equal to the amounts so transferred or appropriated to the Fund during or for that fiscal year. Any reduction in the aggregate amount required to be remitted to the Fund for a fiscal year under this subparagraph shall be allocated as provided in applicable provisions of appropriations Acts or, absent such provisions, on a pro rata basis among the military departments and Defense Agencies required to make remittances to the Fund for that fiscal year under paragraph (2)(B), subject to any exclusions the Secretary of Defense determines to be necessary in the best interests of the Department of Defense. ``(B) Any remittance of amounts to the Fund for a fiscal year under paragraph (2) shall be subject to the availability of appropriations for that purpose.''. (e) Remittance Amounts.--Paragraph (2) of such subsection is further amended by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: ``(C) For purposes of this paragraph, the applicable percentage for a fiscal year is the percentage that results in the credit to the Fund in such fiscal year of an amount as follows: ``(i) For fiscal year 2010, $100,000,000. ``(ii) For fiscal year 2011, $770,000,000. ``(iii) For fiscal year 2012, $900,000,000. ``(iv) For fiscal year 2013, $1,180,000,000. ``(v) For fiscal year 2014, $1,330,000,000. ``(vi) For fiscal year 2015, $1,470,000,000. ``(D) The Secretary of Defense may reduce an amount specified in subparagraph (C) for a fiscal year if the Secretary determines that the amount is greater than is reasonably needed for purposes of the Fund for such fiscal year. The Secretary may not reduce the amount for a fiscal year to an amount that is less than 80 percent of the amount otherwise specified in subparagraph (C) for such fiscal year.''. (f) Clarification of Limitation on Pay of Base Salary of Current Employees.--Subsection (e)(5) of such section is amended by striking ``as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008'' and inserting ``serving in a position in the acquisition workforce as of January 28, 2008''. (g) Technical Amendments.-- (1) Subsection (a) of such section is amended by inserting ``Development'' after ``Workforce''. (2) Subsection (f) of such section is amended in the matter preceding paragraph (1) by striking ``beginning with fiscal year 2008''. (h) Effective Dates.-- (1) FUNDING AMENDMENTS.--The amendments made by subsections (a) through (c) shall take effect as of October 1, 2009. (2) TECHNICAL AMENDMENTS.--The amendments made by subsections (f) and (g) shall take effect on the date of the enactment of this Act.	Funding of Department of Defense Acquisition Workforce Development Fund (sec. 832) The House bill contained a provision (sec. 822) that would amend section 1705 of title 10, United States Code, to streamline and clarify the requirements for the Department of Defense Acquisition Workforce Development Fund (the ``Fund''). The Senate amendment contained a similar provision (sec. 812). The House recedes with an amendment combining elements of the two provisions. Under the conference agreement: (1) remissions to the Fund would be made on an annual basis, rather than a quarterly basis; (2) such remissions would be made exclusively from operation and maintenance accounts; (3) the Department could transfer certain unobligated balances to the Fund, as provided in appropriations Acts; and (4) the annual amounts to be deposited in the Fund would be adjusted to reflect the funding requirements of the hiring plan announced by the Secretary of Defense. The conferees support the Secretary's initiative to increase the size of the Department's acquisition workforce by hiring 9,000 new government personnel and converting 11,000 contractor positions to civilian employee positions by 2015. The Fund, as revised by this section, should provide a critical tool to enable the Department to achieve this objective. The conferees conclude that the Fund must be used as intended, to increase the size of the acquisition workforce and to ensure such workforce has the appropriate skill mix rather than merely to subsidize the military departments and defense agencies in training and maintaining their existing workforces.
	House Report 111-166 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010
	SECTION 822--ACQUISITION WORKFORCE DEVELOPMENT FUND AMENDMENTS This section would modify section 852 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181) to clarify the availability of funds from the defense acquisition workforce development fund. This section would allow payments to members of the armed forces or to civilian personnel who were not members of the acquisition workforce as of the date of enactment of section 852 of Public Law 110-181 for the purpose of hiring such persons into the acquisition workforce. This section would further modify section 852 of Public Law 110-181 to provide that the Secretary of Defense may suspend or reduce the requirement to collect funds from the military departments and defense agencies whenever funds are actually requested, authorized, and appropriated for the defense acquisition development fund that would exceed the minimum deposit that would otherwise have been collected and deposited to the fund. The President's budget request for fiscal year 2010 includes $100.0 million for this fund. The committee notes, however, that this is less than what is estimated to be credited to the fund. The Department of Defense intends to credit $700.0 million in fiscal year 2009 to the fund, with $230.0 million allocated for fiscal year 2009 efforts and $470.0 million for continuing hiring, training, and retention efforts in fiscal year 2010. The committee notes that over the period from fiscal year 2008 through fiscal year 2009, total funding for the defense acquisition development workforce fund, at a minimum, will equal $1.8 billion based on set percentages of the amount of funds the military departments and defense agencies spend on certain service contracts. This funding mechanism has had the effect of forcing immediate funding for recruitment, retention, education, and training initiatives that the Department had not otherwise programmed. The committee recognizes that the fund represents a `jump start' to the acquisition workforce hiring and training initiative recently announced by the Secretary of Defense.
	Senate Report 111-035 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010
	Funding of Department of Defense Acquisition Workforce Development Fund (sec. 812) The committee recommends a provision that would amend the funding mechanism established for the Defense Acquisition Workforce Development Fund (DAWDF) in section 1705 of title 10, United States Code, to: (1) require that credits to the DAWDF be based on amounts expended for contract services from amounts available for operation and maintenance funds; (2) authorize the transfer of certain unobligated balances to the DAWDF, to the extent provided in appropriations Acts; (3) reduce the amount of required credits to the DAWDF by the amount of any direct appropriations or unobligated balances transferred to the DAWDF; (4) make the remittance of amounts to the DAWDF subject to the availability of appropriations for that purpose; and (5) adjust the amounts required to be credited to the DAWDF to reflect the funding requirements of the hiring plan announced by the Secretary of Defense.

SECTION 822--ACQUISITION WORKFORCE DEVELOPMENT FUND AMENDMENTS