Page:United States Statutes at Large Volume 123.djvu/2523

 123STA T . 2 50 3 PUBLIC LA W 111 –84—O CT. 28 , 200 9providea de t ai l ed ratio n ale a s to why i m plementation o f a u thorities des c ri b ed in para g raph (1) ( A ) are not ade q uate or appropriate to meet the interests of the D epartment . ( 3 ) REQUIR E M E NTS . —T he S ecretary ’ s proposal (whether as described in paragraph (1)(A) or (1)( B ))— (A) shall be developed in a manner consistent with the requirements of subsections (c) and (d) of section 9 9 02 of title 5,U nited States C ode, as amended by this section (B) shall include a description of proposed regulations and implementing rules that the Secretary plans to adopt for the proposed system; (C) shall identify and provide a rationale for any statu - tory waiver that would be required to implement the pro- posed system; (D) shall describe the steps that the Department would ta k e to avoid problems of the type described in the report of the Defense Business Board, dated August 2009, regarding the N ational Security P ersonnel System; and ( E ) may not provide for the waiver of any provision of law that cannot be waived under paragraph (3) of section 9902(b) of title 5, United States Code (as in effect on the day before the date of the enactment of this Act), and shall be sub j ect to the requirements in paragraphs ( 4 ) and (5) of such section (as then in effect). (4) C O N G RESSION AL A P PRO V AL REQUIRE D .— I f Congress approves the Secretary’s proposal in the National Defense Authori z ation Act for F iscal Y ear 2011, the Secretary may implement the proposal (subject to any changes required by law) and begin the implementation of such proposal for per- sonnel included in the National Security Personnel System, in lieu of the transition that would otherwise be required by subsection (b), subject to paragraph (5). (5) RESTRI C TIONS.—Notwithstanding any approval under paragraph (4), the provisions of subsection (b)(2) and (c)(4) shall apply with respect to any proposal approved under such paragraph, unless and until modified or repealed in legislation enacted after the date of the enactment of this Act. ( 6 )DE F INITIONS.—For purposes of this subsection, the term ‘ ‘covered committees’’ means— (A) the Committees on Armed Services of the Senate and the H ouse of Representatives; (B) the Committee on Homeland Security and G overn- mental Affairs of the Senate; and (C) the Committee on O versight and Government Reform of the House of Representatives. (h) M ODIFICATION OF IMPLEMENTATION AUT H ORITIES AND L IMITATIONS.—Section 1106 of the National Defense Authorization Act for Fiscal Year 200 8 (Public Law 110-181; 122 Stat. 349) is amended— (1) by striking subsection (b); (2) by redesignating subsection (c) as subsection (b); and (3) in subsection (b) (as so redesignated by paragraph (2))— (A) by striking paragraph (1) and inserting the fol- lowing ‘‘(1) The Comptroller General shall conduct a review, in each of calendar years 2010, 2011, and 2012, of— Revi e w.D e adl i n e s . 5USC9 9 02 n ot e. Ap pli c a b ilit y .