Page:United States Statutes at Large Volume 123.djvu/2506

 123STA T . 2 486PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9anemploy ee u n d e rs u b se cti on ( b ) ( 3 ) f or any 12- mont h period may not e x ceed the lesser of the follo w in g amounts

‘( A ) $50, 000 in fiscal year 2010, which may be ad j usted annually thereafter by the S ecretary, with a percentage increase e q ual to one-half of 1 percentage point less than the percentage by which the E mployment C ost I ndex, published quarterly by the B ureau of L abor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year . ‘‘(B) T he amount equal to 50 percent of the employee ’ s annual rate of basic pay. ‘‘(2) In paragraph (1), the term ‘base quarter’ has the meaning gi v en that term in section 5302(3) of title 5, U nited States Code. ‘‘(3) N otwithstanding any other provision of this section or section 530 7 of title 5, United States Code, no additional payments may be paid to an employee under subsection (b)(3) in any calendar year if, or to the extent that, the employee’s total annual compensa- tion in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 10 4 of title 3, United States Code. ‘‘(4) An employee appointed under the program is not eligible for any bonus, monetary award, or other monetary incentive for service under the appointment other than payments authori z ed by this section.’’. (c) REPORTING RE QU IRE M ENT S . —P aragraph (1) of subsection (g) of such section is amended to read as follows: ‘‘(1)(A) Not later than D ecember 31 of each year in which the authority under this section is in effect, the Secretary of Defense shall submit to the committees of Congress specified in subparagraph (B) a report on the operation of this section. Each report shall cover the fiscal year that most recently ended before such December 31. ‘‘(B) The committees of Congress specified in this subpara- graph are— ‘‘(i) the Committee on Armed Services, the Committee on H omeland Security and G overnmental Affairs, and the Committee on Appropriations of the Senate and ‘‘(ii) the Committee on Armed Services, the Committee on O versight and Government Reform, and the Committee on Appropriations of the House of Representatives.’’. SEC.1 1 05 . MODIF IC AT IO N TO DE P A R TMENT OF DEFENSE L A B ORATOR Y PERSONNEL A U T H ORITY. (a) DESIGN A TION O F LA B ORATORIES.—Each of the following is hereby designated as a Department of Defense science and tech- nology reinvention laboratory (as described in section 342(b) of the National Defense Authorization Act for F iscal Y ear 1 9 95 (Public Law 103 – 337; 10 8 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001): (1) The Aviation and M issile Research Development and Engineering Center. (2) The Army Research Laboratory. (3) The Medical Research and Materiel Command. (4) The Engineer Research and Development Command. (5) The Communications-Electronics Command. 10USC2358note.