12 2 STA T .46 2 0PUBLIC LA W 110 – 41 7—O CT. 14 , 200 8ofDe fe ns eo ra se c re t ar y ofa mil itary d e p artment may ad ju st t h e b aseline personnel limitations in sections 143, 1 9 4,3 0 14, 5 014 and 8 014 of title 10, U nited S tates C ode, to —( 1 ) fill a g apintheci v ilian w or k force of the Department of Defense identified by the Secretary of Defense in a strategic human capital plan submitted to Congress in accordance with the re q uirements of— ( A ) section 11 2 2of the N ational Defense Authori z ation Act for F iscal Y ear 200 6 ( P ublic L aw 109 – 163
10U . S.C. prec. 1580 note); ( B ) section 1102 of the J ohn W arner National Defense Authorization Act for Fiscal Year 200 7 (Public Law 109– 364; 120 Stat. 2407); or (C) section 851 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 1580); or (2) accommodate increases in workload or modify the type of personnel required to accomplish work, for any purpose described in paragraphs (1) through (4) of subsection (c). (c) L IM I TA TI ON ONA U T H O R IT Y TOA DJ U S T LIMITATIONS ON P E R - SONNE L .— T he Secretary of Defense or the secretary of a military department may not increase a baseline personnel limitation under paragraph (2) of subsection (b) by more than 5 percent in a fiscal year. An increase in a baseline personnel limitation under such paragraph may be made for any of the following purposes
(1) Performance of inherently governmental functions. (2) Performance of work pursuant to section 2463 of title 10 United States Code. (3) Ability to maintain sufficient organic e x pertise and technical capability. (4) Performance of work that, while the position may not exercise an inherently governmental function, nevertheless should be performed only by officers or employees of the Federal G overnment or members of the Armed Forces because of the critical nature of the work. (d) R E P ORT RE Q UIRED.—The Secretary of Defense shall submit a report to the congressional defense committees on the implementa- tion of this section at the same time that the defense budget materials for each of the four fiscal years after fiscal year 2009 are presented to Congress. The report shall include the following information regarding the implementation of this section during the preceding fiscal year: (1) The average number of military personnel, civilian employees of the Department of Defense, and contractor employees assigned to or detailed to permanent duty in— (A) the O ffice of the Secretary of Defense; (B) the management headquarters activities and management headquarters support activities in the Defense Agencies and Department of Defense Field Activities; (C) the Office of the Secretary of the Army and the Army Staff; (D) the Office of the Secretary of the Navy, the Office of Chief of Naval Operations, and the H eadquarters, M arine Corps; and ( E ) the Office of the Secretary of the Air Force and the Air Staff.
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