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110 9 of the N ational Defense A uthorization Act for Fiscal Y ear 200 8 ( P ublic L aw 110-181; 122 Stat. 358) is repealed, e x cept that— (1) nothing in this subsection shall, in the case of any assignment commencing under such section 1109 on or before the date of the enactment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.
