Sec. 1109. LIMITATION ON NUMBER OF DOD SES POSITIONS
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## SEC. 1109 LIMITATION ON NUMBER OF DOD SES POSITIONS **[**[5 U.S.C. 3133 note](/us/usc/t5/s3133)**]** ###
(a)Limitation on Number of DOD SES Positions ####
(1)In general Not later than December 31, 2022, the total number of Senior Executive Service positions authorized under section 3133 of title 5, United States Code, for the Department of Defense may not exceed 1,260. ####
(2)Highly qualified experts Of the total number of positions authorized under paragraph (1), not more than 200 of such positions may be occupied by an individual appointed under the authority provided in section 9903 of such title. ####
(3)Exception The limitation under this subsection shall not apply to positions described in this subsection that are fully funded through amounts appropriated to an agency other than the Department of Defense. ###
(b)Plan to Achieve Required Limitation ####
(1)In general The Secretary of Defense shall develop a plan to achieve the limitation required by subsection
(a)that includes— #####
(A)the distribution of Senior Executive Service positions across the Office of the Secretary of Defense, the Joint Staff, the Military Departments, the Defense Agencies and Field Activities, the unified and specified combatant commands, and other key elements of the Department of Defense; #####
(B)the by-year reductions to Senior Executive Service positions consistent with the distribution required under subparagraph (A); and #####
(C)recommendations for any legislative action that may be necessary for personnel management and shaping authorities to achieve the required limitation. ####
(2)Submission of plan Not less than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan developed under paragraph (1). ####
(3)Progress reports The Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives semi-annual progress report briefings describing and assessing the progress of the Secretary in implementing the plan developed under paragraph (1). ###
(c)Conforming Amendment Section 3133(c) of title 5, United States Code, is amended by adding at the end the following new sentence: “Beginning in 2023, the number of such positions authorized under the preceding sentence for the Department of Defense may not exceed the limitation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017.”. ###
(d)Definition of Senior Executive Service Position In this section, the term “Senior Executive Service position” has the meaning given such term in section 3132(a)(2) of title 5, United States Code.
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Sec. 1109
LIMITATION ON NUMBER OF DOD SES POSITIONS
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