H. R. 1735—302 
‘‘(h) THREE-YEAR PROBATIONARY PERIOD.—The probationary 
period for all employees hired under the authority established in 
this section shall be three years. 
‘‘(i) INCUMBENTS
OF EXISTING COMPETITIVE SERVICE POSI-
TIONS.—(1) An individual occupying a position on the date of the 
enactment of this section that is selected to be converted to a 
position in the excepted service under this section shall have the 
right to refuse such conversion. 
‘‘(2) After the date on which an individual who refuses a conver-
sion under paragraph (1) stops serving in the position selected 
to be converted, the position may be converted to a position in 
the excepted service. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate committees of Congress’ means— 
‘‘(A) the Committee on Armed Services, the Committee 
on Homeland Security and Governmental Affairs, and the 
Committee on Appropriations of the Senate; and 
‘‘(B) the Committee on Armed Services, the Committee 
on Oversight and Government Reform, and the Committee 
on Appropriations of the House of Representatives. 
‘‘(2) The term ‘collective bargaining agreement’ has the 
meaning given that term in section 7103(a)(8) of title 5. 
‘‘(3) The term ‘excepted service’ has the meaning given 
that term in section 2103 of title 5. 
‘‘(4) The term ‘preference eligible’ has the meaning given 
that term in section 2108(3) of title 5. 
‘‘(5) The term ‘qualified position’ means a position, des-
ignated by the Secretary for the purpose of this section, in 
which the individual occupying such position performs, man-
ages, or supervises functions that execute the responsibilities 
of the United States Cyber Command relating to cyber oper-
ations. 
‘‘(6) The term ‘Senior Executive Service’ has the meaning 
given that term in section 2101a of title 5.’’. 
(b) CONFORMING AMENDMENT.—Section 3132(a)(2) of title 5, 
United States Code, is amended in the matter following subpara-
graph (E)— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii), by inserting ‘‘or’’ after the semicolon; 
and 
(3) by inserting after clause (iii) the following new clause: 
‘‘(iv) any position established as a qualified position in 
the excepted service by the Secretary of Defense under section 
1599f of title 10;’’. 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 81 of title 10, United States Code, as amended 
by section 1105, is further amended by adding at the end the 
following new item: 
‘‘1599f. United States Cyber Command recruitment and retention.’’. 
SEC. 1108. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA-
TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 
WORKING OVERSEAS. 
Effective January 1, 2016, section 1101(a) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4615), as most recently amended by section
H. R. 1735—303 
1101 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 2015 (Public Law 113– 
291), is further amended by striking ‘‘through 2015’’ and inserting 
‘‘through 2016’’. 
SEC. 
1109. 
PILOT 
PROGRAM 
ON 
DYNAMIC 
SHAPING 
OF 
THE 
WORKFORCE TO IMPROVE THE TECHNICAL SKILLS AND 
EXPERTISE AT CERTAIN DEPARTMENT OF DEFENSE LAB-
ORATORIES. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of Defense shall 
establish a pilot program to utilize the authorities specified in 
subsection (b) at the Department of Defense laboratories specified 
in subsection (c) to provide the directors of such laboratories the 
authority to dynamically shape the mix of technical skills and 
expertise in the workforces of such laboratories in order to achieve 
one or more of the following: 
(1) To meet organizational and Department-designated mis-
sions in the most cost-effective and efficient manner. 
(2) To upgrade and enhance the scientific quality of the 
workforces of such laboratories. 
(3) To shape such workforces to better respond to such 
missions. 
(4) To reduce the average unit cost of such workforces. 
(b) WORKFORCE SHAPING AUTHORITIES.—The authorities that 
shall be available for use by the director of a Department of Defense 
laboratory under the pilot program are the following: 
(1) FLEXIBLE
LENGTH
AND
RENEWABLE
TERM
TECHNICAL 
APPOINTMENTS.— 
(A) IN GENERAL.—Subject to the provisions of this para-
graph, authority otherwise available to the director by law 
(and within the available budgetary resources of the labora-
tory) to appoint qualified scientific and technical personnel 
who are not currently Department of Defense civilian 
employees into any scientific or technical position in the 
laboratory for a period of more than one year but not 
more than six years. 
(B) BENEFITS.—Personnel appointed under this para-
graph shall be provided with benefits comparable to those 
provided to similar employees at the laboratory concerned, 
including professional development opportunities, eligibility 
for all laboratory awards programs, and designation as 
‘‘status applicants’’ for the purposes of eligibility for posi-
tions in the Federal service. 
(C) EXTENSION OF APPOINTMENTS.—The appointment 
of any individual under this paragraph may be extended 
without limit in up to six year increments at any time 
during any term of service under such conditions as the 
director concerned shall establish for purposes of this para-
graph. 
(D) CONSTRUCTION
WITH
CERTAIN
LIMITATION.—For 
purposes of determining the workforce size of a laboratory 
in connection with compliance with section 955 of the 
National Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 126 Stat. 1896; 10 U.S.C. 129a note), 
any individual serving in an appointment under this para-
graph shall be treated as a fractional employee of the 
laboratory, which fraction is—
H. R. 1735—304 
(i) the current term of appointment of the indi-
vidual under this paragraph; divided by 
(ii) the average length of tenure of a career 
employee at the laboratory, as calculated at the end 
of the last fiscal year ending before the date of the 
most recent appointment or extension of the individual 
under this paragraph. 
(2) 
REEMPLOYMENT
OF
ANNUITANTS.—Authorities 
to 
authorize the director of any science and technology reinvention 
laboratory (in this section referred to as ‘‘STRL’’) to reemploy 
annuitants in accordance with section 9902(g) of title 5, United 
States Code, except that as a condition for reemployment the 
director may authorize the deduction from the pay of any 
annuitant so reemployed of an amount up to the amount of 
the annuity otherwise payable to such annuitant allocable to 
the period of actual employment of such annuitant, which 
amount shall be determined in a manner specified by the 
director for purposes of this paragraph to ensure the most 
cost effective execution of designated missions by the laboratory 
while retaining critical technical skills. 
(3) 
EARLY
RETIREMENT
INCENTIVES.—Authorities 
to 
authorize the director of any STRL to authorize voluntary 
early retirement of employees in accordance with section 8336 
of title 5, United States Code, without regard to section 
8336(d)(2)(D) or 3522 of such title, and with employees so 
separated voluntarily from service. 
(4) SEPARATION INCENTIVE PAY.—Authorities to authorize 
the director of any STRL to pay voluntary separation pay 
to employees in accordance with section 8414(b)(1)(B) of title 
5, United States Code, without regard to clause (iv) or (v) 
of such section or section 3522 of such title, and with— 
(A) employees so separated voluntarily from service 
under regulations prescribed by the Secretary of Defense 
for purposes of the pilot program; and 
(B) payments to employees so separated authorized 
under section 3523 of such title without regard to— 
(i) the plan otherwise required by section 3522 
of such title; and 
(ii) paragraph (1) or (3) of section 3523(b) of such 
title. 
(c) LABORATORIES.—The Department of Defense laboratories 
specified in this subsection are the laboratories specified in section 
1105(a) of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note). 
(d) EXPIRATION.— 
(1) IN GENERAL.—The authority in this section shall expire 
on December 31, 2023. 
(2) CONTINUATION
OF
AUTHORITIES
EXERCISED
BEFORE 
TERMINATION.—The expiration in paragraph (1) shall not be 
construed to effect the continuation after the date specified 
in paragraph (1) of any term of employment or other benefit 
authorized under this section before that date in accordance 
with the terms of such authorization.
H. R. 1735—305 
SEC. 1110. PILOT PROGRAM ON TEMPORARY EXCHANGE OF FINANCIAL 
MANAGEMENT AND ACQUISITION PERSONNEL. 
(a) IN GENERAL.—The Secretary of Defense may carry out a 
pilot program to assess the feasibility and advisability of the tem-
porary assignment of covered employees of the Department of 
Defense to nontraditional defense contractors and of covered 
employees of such contractors to the Department. 
(b) COVERED EMPLOYEES; NONTRADITIONAL DEFENSE CONTRAC-
TORS.— 
(1) COVERED EMPLOYEES.—An employee of the Department 
of Defense or a nontraditional Defense contractor is a covered 
employee for purposes of this section if the employee— 
(A) works in the field of financial management or in 
the acquisition field; 
(B) is considered by the Secretary of Defense to be 
an exceptional employee; and 
(C) is compensated at not less than the GS–11 level 
(or the equivalent). 
(2) NONTRADITIONAL DEFENSE CONTRACTORS.—For purposes 
of this section, the term ‘‘nontraditional defense contractor’’ 
has the meaning given that term in section 2302(9) of title 
10, United States Code. 
(c) AGREEMENTS.— 
(1) IN GENERAL.—The Secretary of Defense shall provide 
for a written agreement among the Department of Defense, 
the nontraditional defense contractor concerned, and the 
employee concerned regarding the terms and conditions of the 
employee’s assignment under this section. 
(2) ELEMENTS.—An agreement under this subsection— 
(A) shall require, in the case of an employee of the 
Department, that upon completion of the assignment, the 
employee will serve in the civil service for a period at 
least equal to three times the length of the assignment, 
unless the employee is sooner involuntarily separated from 
the service of the employee’s agency; and 
(B) shall provide that if the employee of the Depart-
ment or of the contractor (as the case may be) fails to 
carry out the agreement, or if the employee is voluntarily 
separated from the service of the employee’s agency before 
the end of the period stated in the agreement, the employee 
shall be liable to the United States for payment of all 
expenses of the assignment unless that failure or voluntary 
separation was for good and sufficient reason, as deter-
mined by the Secretary. 
(3) DEBT TO THE UNITED STATES.—An amount for which 
an employee is liable under paragraph (2)(B) shall be treated 
as a debt due the United States. The Secretary may waive, 
in whole or in part, collection of such a debt based on a 
determination that the collection would be against equity and 
good conscience and not in the best interests of the United 
States. 
(d) TERMINATION.—An assignment under this section may, at 
any time and for any reason, be terminated by the Department 
of Defense or the nontraditional defense contractor concerned. 
(e) DURATION.—An assignment under this section shall be for 
a period of not less than three months and not more than one 
year.