12 2 STA T . 2 49PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (i)Forf i scalye ar 20 0 8, 0 .5p erce nt . ‘‘(ii) For fiscal year 200 9 , 1 percent. ‘‘(iii) For fiscal year 2010, 1.5 percent. ‘‘(i v ) For any fiscal year after fiscal year 2010, 2 per - cent. ‘‘( D ) Th e S ecretary of Defense m ay re du ce a percenta g e esta b lished in subparagraph ( C ) for any fiscal year, if he deter- mines that the application of such percentage w ould result in the crediting of an amount greater than is reasonably needed for the purpose of the Fund. I n no event may the Secretary reduce a percentage for any fiscal year below a percentage that results in the deposit in a fiscal year of an amount e q ual to the following
‘‘(i) For fiscal year 2008, $3 00,000,000. ‘‘(ii) For fiscal year 2009, $ 4 00,000,000. ‘‘(iii) For fiscal year 2010, $500,000,000. ‘‘(iv) For any fiscal year after fiscal year 2010, $ 6 00,000,000. ‘‘(e) AVAIL A B ILI TYOF F UNDS . — ‘‘(1) IN GE NE R AL.—Sub j ect to the provisions of this sub- section, amounts in the Fund shall be available to the Secretary of Defense for e x penditure, or for transfer to a military depart- ment or Defense Agency, for the recruitment, training, and retention of acquisition personnel of the Department of Defense for the purpose of the Fund, including for the provision of training and retention incentives to the acquisition wor k force of the Department. ‘‘(2) P RO H IBITION.—Amounts in the Fund may not be obli- gated for any purpose other than purposes described in para- graph (1) or otherwise in accordance with this subsection. ‘‘(3) G UIDAN C E.—The U nder Secretary of Defense for Acquisition, Technology, and L ogistics, acting through the senior official designated to manage the Fund, shall issue guid- ance for the administration of the Fund. Such guidance shall include provisions— ‘‘(A) identifying areas of need in the acquisition workforce for which amounts in the Fund may be used, including— ‘‘(i) changes to the types of skills needed in the acquisition workforce
‘‘(ii) incentives to retain in the acquisition workforce qualified, experienced acquisition workforce personnel; and ‘‘(iii) incentives for attracting new, high-quality personnel to the acquisition workforce; ‘‘( B ) describing the manner and timing for applications for amounts in the Fund to be submitted; ‘‘(C) describing the evaluation criteria to be used for approving or prioriti z ing applications for amounts in the Fund in any fiscal year; and ‘‘(D) describing measurable objectives of performance for determining whether amounts in the Fund are being used in compliance with this section. ‘‘(4) LI M ITATION ON P AYMENTS TO OR FOR CONTRACTORS.— Amounts in the Fund shall not be available for payments
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