Page:United States Statutes at Large Volume 123.djvu/2435

 123STA T . 2 4 1 5PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(B)bystrik i ng‘ ‘ qua rt e r ’ ’be fo re ‘‘for ser v i c es’’ . ( 2 ) AD D IT I ONALREQU IRE M ENT S AND LIMITATIONS. —S uc h subsection is further a m en d ed— (A) in p aragraph (2)(B) , by striking ‘‘ N ot l ater than’’ and inserting ‘‘Sub j ect to paragraph ( 4 ), not later than’’ and (B) by adding at the end the follo w ing new paragraph ‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMIT - TAN C ES.—(A) I n the event amounts are transferred to the F und during a fiscal year pursuant to paragraph ( 1 )(B) or appro- priated 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 trans- ferred 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 appro- priations Acts or, absent such provisions, on a pro rata basis among the military departments and D efense Agencies required to make remittances to the Fund for that fiscal year under paragraph (2)(B), subject to any e x clusions 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) R EMITTANCE AMOUNTS.— P aragraph (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 2 0 10, $ 100,000,000. ‘‘(ii) For fiscal year 2011, $ 7 70,000,000. ‘‘(iii) For fiscal year 2012, $ 9 00,000,000. ‘‘(iv) For fiscal year 201 3, $1,1 8 0,000,000. ‘‘(v) For fiscal year 2014, $1,330,000,000. ‘‘(vi) For fiscal year 201 5, $1,470,000,000. ‘‘(D) T he Secretary of Defense may reduce an amount specified in subparagraph (C) for a fiscal year if the Sec- retary 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) CLARI F ICATION OF L IMITATION ON PA Y OF BASE SALARY OF CURRENT E M P LOYEES.—Subsection (e)(5) of such section is amended by striking ‘‘as of the date of the enactment of the National Defense Authori z ation Act for Fiscal Y ear 2008’’ and inserting ‘‘serving in a position in the acquisition workforce as of J anuary 28, 2008’’. (g) TEC H NICAL AMENDMENTS.— (1) Subsection (a) of such section is amended by inserting ‘‘Development’’ after ‘‘ W orkforce’’.