111 
of the Department, including the program ob-
jectives of the Department to be achieved 
through such strategies and the funding needed 
to implement such strategies; 
‘‘(C) any incentives necessary to attract or 
retain HQE personnel; 
‘‘(D) any changes that may be necessary in 
resources or in the rates or methods of pay 
needed to ensure the Department has full ac-
cess to appropriately qualified personnel; and 
‘‘(E) any legislative changes that may be 
necessary to achieve HQE workforce goals.’’. 
(c) DEFINITIONS.—Subsection (h) of such section (as 
redesignated by subsection (b)(2)) is amended to read as 
follows: 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘senior management workforce of 
the Department of Defense’ includes the following 
categories of Department of Defense civilian per-
sonnel: 
‘‘(A) Appointees in the Senior Executive 
Service under section 3131 of title 5. 
‘‘(B) Persons serving in the Defense Intel-
ligence Senior Executive Service under section 
1606 of this title. 
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112 
‘‘(2) The term ‘senior functional and technical 
workforce of the Department of Defense’ includes 
the following categories of Department of Defense 
civilian personnel: 
‘‘(A) Persons serving in positions described 
in section 5376(a) of title 5. 
‘‘(B) Scientists and engineers appointed 
pursuant to section 342(b) of the National De-
fense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 108 Stat. 2721), as 
amended by section 1114 of the Floyd D. 
Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public 
Law 106–398 (114 Stat. 1654A–315)). 
‘‘(C) Scientists and engineers appointed 
pursuant to section 1101 of the Strom Thur-
mond National Defense Authorization Act for 
Fiscal Year 1999 (5 U.S.C. 3104 note). 
‘‘(D) Persons serving in Intelligence Senior 
Level positions under section 1607 of this title. 
‘‘(3) The term ‘acquisition workforce’ includes 
individuals designated under section 1721 of this 
title as filling acquisition positions.’’. 
(d) CONFORMING AMENDMENT.—The heading of 
subsection (c) of such section is amended to read as fol-
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113 
lows: ‘‘SENIOR
MANAGEMENT
WORKFORCE; SENIOR 
FUNCTIONAL AND TECHNICAL WORKFORCE.—’’. 
(e) FORMATTING OF ANNUAL REPORT.—Subsections 
(d)(1) and (e)(1) of such section are amended by striking 
‘‘include a separate chapter to’’. 
SEC. 1102. AUTHORITY TO PROVIDE ADDITIONAL COM-
PENSATION 
FOR 
DEFENSE 
CLANDESTINE 
SERVICE EMPLOYEES. 
Section 1603 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) ADDITIONAL COMPENSATION FOR EMPLOYEES 
OF THE DEFENSE CLANDESTINE SERVICE.—In addition 
to the authority to provide compensation under subsection 
(a), the Secretary of Defense may provide civilian employ-
ees of the Defense Clandestine Service allowances and 
benefits authorized to be paid to members of the Foreign 
Service under chapter 9 of title I the Foreign Service Act 
of 1980 (22 U.S.C. 4081 et seq.) or any other provision 
of law, if the Secretary determines such action is necessary 
to the operational effectiveness of the Defense Clandestine 
Service.’’. 
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114 
SEC. 1103. PILOT PROGRAM FOR THE TEMPORARY EX-
CHANGE OF FINANCIAL MANAGEMENT PER-
SONNEL. 
(a) ASSIGNMENT AUTHORITY.—The Secretary of De-
fense may, with the agreement of the private sector orga-
nization concerned, arrange for the temporary assignment 
of an employee to such private sector organization, or from 
such private sector organization to a Department of De-
fense organization under this section. An employee shall 
be eligible for such an assignment only if the employee— 
(1) works in the field of financial management; 
(2) is considered by the Secretary of Defense to 
be an exceptional employee; and 
(3) is compensated at not less than the GS–11 
level (or the equivalent). 
(b) AGREEMENTS.—The Secretary of Defense shall 
provide for a written agreement among the Department 
of Defense, the private sector organization, and the em-
ployee concerned regarding the terms and conditions of 
the employee’s assignment under this section. The agree-
ment— 
(1) shall require, in the case of an employee of 
the Department of Defense, 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 
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115 
sooner involuntarily separated from the service of 
the employee’s agency; and 
(2) shall provide that if the employee of the De-
partment of Defense or of the private sector organi-
zation (as the case may be) fails to carry out the 
agreement, or if the employee is voluntarily sepa-
rated from the service of the employee’s agency be-
fore the end of the period stated in the agreement, 
such 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 determined by the Sec-
retary of Defense. 
An amount for which an employee is liable under para-
graph (2) 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. 
(c) TERMINATION.—An assignment under this sec-
tion may, at any time and for any reason, be terminated 
by the Department of Defense or the private sector organi-
zation concerned. 
(d) DURATION.—An assignment under this section 
shall be for a period of not less than three months and 
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116 
not more than one year. No assignment under this section 
may commence after September 30, 2019. 
(e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO 
PRIVATE SECTOR ORGANIZATION.—An employee of the 
Department of Defense who is temporarily assigned to a 
private sector organization under this section shall be con-
sidered, during the period of assignment, to be on detail 
to a regular work assignment in the Department for all 
purposes. The written agreement established under sub-
section (b) shall address the specific terms and conditions 
related to the employee’s continued status as a Federal 
employee. 
(f) TERMS AND CONDITIONS FOR PRIVATE SECTOR 
EMPLOYEES.—An employee of a private sector organiza-
tion who is assigned to a Department of Defense organiza-
tion under this section— 
(1) shall continue to receive pay and benefits 
from the private sector organization from which 
such employee is assigned; 
(2) is deemed to be an employee of the Depart-
ment of Defense for the purposes of— 
(A) chapter 73 of title 5, United States 
Code; 
(B) sections 201, 203, 205, 207, 208, 209, 
603, 606, 607, 643, 654, 1905, and 1913 of 
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117 
title 18, United States Code, and any other 
conflict of interest statute; 
(C) sections 1343, 1344, and 1349(b) of 
title 31, United States Code; 
(D) the Federal Tort Claims Act and any 
other Federal tort liability statute; 
(E) the Ethics in Government Act of 1978; 
(F) section 1043 of the Internal Revenue 
Code of 1986; 
(G) chapter 21 of title 41, United States 
Code; and 
(H) subchapter I of chapter 81 of title 5, 
United States Code, relating to compensation 
for work-related injuries; and 
(3) may not have access, while the employee is 
assigned to a Department of Defense organization, 
to any trade secrets or to any other nonpublic infor-
mation which is of commercial value to the private 
sector organization from which such employee is as-
signed. 
(g) PROHIBITION
AGAINST
CHARGING
CERTAIN 
COSTS TO THE FEDERAL GOVERNMENT.—A private sec-
tor organization may not charge the Department of De-
fense or any other agency of the Federal Government, as 
direct or indirect costs under a Federal contract, the costs 
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118 
of pay or benefits paid by the organization to an employee 
assigned to a Department of Defense organization under 
this section for the period of the assignment. 
(h) CONSIDERATION.—The Secretary of Defense 
shall take into consideration the question of how assign-
ments might best be used to help meet the needs of the 
Department of Defense with respect to the training of em-
ployees in financial management. 
(i) NUMERICAL LIMITATION.—Not more than five 
Department of Defense employees may be assigned to pri-
vate sector organizations under this section, and not more 
than five employees of private sector organizations may 
be assigned to the Department of Defense under this sec-
tion, at any given time. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
SEC. 1201. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 
AND SERVICES PRODUCED IN DJIBOUTI IN 
SUPPORT OF DEPARTMENT OF DEFENSE AC-
TIVITIES IN UNITED STATES AFRICA COM-
MAND AREA OF RESPONSIBILITY. 
(a) AUTHORITY.—In the case of a product or service 
to be acquired in support of Department of Defense activi-
ties in the United States Africa Command area of respon-
sibility for which the Secretary of Defense makes a deter-
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119 
mination described in subsection (b), the Secretary may 
conduct a procurement in which— 
(1) competition is limited to products or serv-
ices that are from Djibouti; or 
(2) a preference is provided for products or 
services that are from Djibouti. 
(b) DETERMINATION.—(1) A determination described 
in this subsection is a determination by the Secretary of 
either of the following: 
(A) That the product or service concerned is to 
be used only in support of activities described in 
subsection (a). 
(B) That it is in the national security interest 
of the United States to limit competition or provide 
a preference as described in subsection (a) because 
such limitation or preference is necessary— 
(i) to reduce— 
(I) United States transportation costs; 
or 
(II) delivery times in support of activi-
ties described in subsection (a); or 
(ii) to promote regional security, stability, 
and economic prosperity in Africa. 
(2) A determination under paragraph (1)(B) shall not 
be effective for purposes of a limitation or preference 
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under subsection (a) unless the Secretary also determines 
that the limitation or preference will not adversely affect— 
(A) United States military operations or sta-
bility operations in the United States Africa Com-
mand area of responsibility; or 
(B) the United States industrial base. 
(c) PRODUCTS AND SERVICES FROM DJIBOUTI.—For 
the purpose of this section: 
(1) A product is from Djibouti if it is mined, 
produced, or manufactured in Djibouti. 
(2) A service is from Djibouti if it is performed 
in Djibouti by citizens or residents of Djibouti. 
SEC. 1202. PERMANENT AND GLOBAL AUTHORITY FOR USE 
OF 
ACQUISITION 
AND 
CROSS-SERVICING 
AGREEMENTS TO LEND CERTAIN MILITARY 
EQUIPMENT TO CERTAIN FOREIGN FORCES 
FOR PERSONNEL PROTECTION AND SURVIV-
ABILITY. 
(a) CODIFICATION OF PERMANENT AUTHORITY.— 
(1) ENACTMENT IN TITLE 10 OF SECTION 1202 
ACQUISITION
AND
CROSS-SERVICING
AGREEMENT 
AUTHORITY.—Chapter 138 of title 10, United States 
Code, is amended by inserting after section 2342 a 
new section 2342a consisting of— 
(A) a heading as follows: 
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‘‘§ 2342a. Acquisition and cross-servicing agreements: 
authority to lend certain military equip-
ment to certain foreign forces for per-
sonnel protection and survivability’’; 
and 
(B) a text consisting of the text of sub-
sections (a) through (d) of section 1202 of the 
John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109– 
364), as most recently amended by section 
1217(b) of the National Defense Authorization 
Act for Fiscal Year 2014 (Public Law 113–66; 
127 Stat. 909), and revised as specified in sub-
section (b). 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter I of such chap-
ter is amended by inserting after the item relating 
to section 2342 the following new item: 
‘‘2342a. Acquisition and cross-servicing agreements: authority to lend certain 
military equipment to certain foreign forces for personnel pro-
tection and survivability.’’. 
(b) REVISIONS TO CODIFIED SECTION.—The revi-
sions to the text specified in subsection (a)(1)(B) are as 
follows: 
(1) 
GLOBAL
AUTHORITY.—In 
subsection 
(a)(1)— 
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122 
(A) insert ‘‘military or stability’’ after 
‘‘combined’’ the first place it appears; and 
(B) strike ‘‘in Afghanistan’’. 
(2) CONFORMING AMENDMENTS.—In subsection 
(a)(3)— 
(A) in subparagraph (A), strike ‘‘Afghani-
stan’’ and insert ‘‘a combined military or sta-
bility operation with the United States’’; and 
(B) in subparagraph (C), strike ‘‘Afghani-
stan or a’’ and insert ‘‘a combined military or 
stability operation or’’. 
(3) REPORTING
EXCEPTION.—In subsection 
(a)(5)— 
(A) insert ‘‘(A)’’ before ‘‘Equipment may 
not’’; and 
(B) add at the end the following: 
‘‘(B) EXCEPTION.—The notice required in 
subparagraph (A) shall not be required when 
the equipment to be loaned is intended to be 
used— 
‘‘(i) in a facility that is under the con-
trol of the United States; or 
‘‘(ii) in connection with training di-
rected by United States personnel.’’. 
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