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
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‘ §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122 Stat. 2 7 2; 10 U.S.C. 221 note) are repealed.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.
