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S. 1033 (111th): National Defense Authorization Act for Fiscal Year 2010

The text of the bill below is as of May 13, 2009 (Introduced).


II

111th CONGRESS

1st Session

S. 1033

IN THE SENATE OF THE UNITED STATES

May 13, 2009

(for himself and Mr. McCain) (by request) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2010, and for other purposes.

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2010.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Title I—Procurement

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Rapid Acquisition Fund.

Sec. 106. Joint Improvised Explosive Device Defeat Fund.

Sec. 107. Defense Production Act purchases.

Sec. 108. Mine Resistant Ambush Protected Vehicle Fund.

Title II—Research, development, test, and evaluation

Sec. 201. Authorization of appropriations.

Title III—Operation and maintenance

Subtitle A—Authorization of appropriations

Sec. 301. Operation and maintenance funding.

Subtitle B—Environmental provisions

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

Subtitle C—Other provisions

Sec. 321. Refined Petroleum Products, Marginal Expense Transfer Account.

Title IV—Other authorizations

Subtitle A—Military programs

Sec. 401. Working Capital Funds.

Sec. 402. National Defense Sealift Fund.

Sec. 403. Defense Health Program.

Sec. 404. Chemical Agents and Munitions Destruction, Defense.

Sec. 405. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 406. Defense Inspector General.

Sec. 407. Defense Coalition Support Fund.

Subtitle B—Armed Forces Retirement Home

Sec. 411. Authorization of appropriations for Armed Forces Retirement Home.

Subtitle C—Military personnel

Sec. 421. Military personnel.

Title V—Military personnel policy

Subtitle A—Personnel strength authorizations

Sec. 501. End strengths for Active Forces.

Sec. 502. End strengths for Selected Reserve.

Sec. 503. End strengths for Reserves on active duty in support of the Reserves.

Sec. 504. End strengths for military technicians (dual status).

Sec. 505. Fiscal year 2010 limitation on number of non-dual status technicians.

Sec. 506. Maximum number of Reserve personnel authorized to be on active duty for operational support.

Subtitle B—Military personnel policy generally

Sec. 511. Revisions to annual report requirement on joint officer management.

Sec. 512. Clarification of performance policies for military musical units and musicians.

Sec. 513. Enforcement of Servicemembers Civil Relief Act by the Attorney General and by private cause of action.

Title VI—Compensation and other personnel benefits

Subtitle A—Pay and allowances

Sec. 601. Extension of authority for income replacement payments for Reserve component members experiencing extended and frequent mobilization for active duty service.

Subtitle B—Extension of certain bonus and special and incentive pays

Sec. 611. One-year extension of certain bonus and special pay authorities for Reserve Forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to payment of other title 37 bonuses and special pay.

Sec. 615. One-year extension of authorities relating to payment of referral bonuses.

Subtitle C—Retired pay and survivor benefits

Sec. 621. Expansion of eligibility for concurrent receipt of retired pay and disability compensation.

Title VII—Wounded warrior provisions

Sec. 701. Provision of special monthly compensation allowance to catastrophically injured service members recovering from combat or combat-related catastrophic injuries.

Title VIII—Acquisition policy, acquisition management, and related matters

Sec. 801. Permanent authority for use of simplified acquisition procedures for certain commercial items.

Sec. 802. Clarification of uniform suspension and debarment requirement.

Sec. 803. Extension and permanent authority for small business innovation research commercialization program.

Sec. 804. Authority for Government support contractors to have access to technical data belonging to prime contractors.

Sec. 805. Reports to Congress on full deployment decisions for major automated information system programs.

Sec. 806. Repeal of requirements for reporting on certain information technology investment programs.

Sec. 807. Modification of deadline for submission of annual report to Congress under section 2466 of title 10, United States Code.

Sec. 808. Revision to definitions of major defense acquisition program and major automated information system for purposes of certain costs, schedule, and performance reports.

Sec. 809. Exception for emergency operations.

Sec. 810. Contract authority for advanced development of initial or additional prototype units.

Title IX—Department of Defense organization and management

Sec. 901. Repeal of certain limitations on personnel and consolidation of reports on major Department of Defense headquarters activities.

Sec. 902. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs.

Sec. 903. Provision of space situational awareness services and information to non-United States Government entities.

Title X—General provision

Subtitle A—Financial matters

Sec. 1001. Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes.

Sec. 1002. Advance notice to Congress of transfer of funds from a working-capital fund.

Subtitle B—Policy relating to vessels and shipyards

Sec. 1011. Temporary reduction in statutory minimum number of aircraft carriers in active service.

Subtitle C—Counter-drug activities

Sec. 1021. Two-year extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and continuation of numerical limitations on assignment of United States personnel.

Subtitle D—Report terminations

Sec. 1031. Improved management of congressional reporting requirements applicable to Department of Defense.

Sec. 1032. Repeal of requirement for annual report on military museums.

Subtitle E—Other matters

Sec. 1041. One-year extension of authority to offer and make rewards for assistance in combating terrorism through government personnel of allied forces.

Title XI—Civilian personnel matters

Sec. 1101. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civlian employees working overseas.

Title XII—Matters relating to foreign nations

Sec. 1201. One-year extension of Commanders’ Emergency Response Program and extension of due date for quarterly reports to Congress.

Sec. 1202. Enhanced authority to acquire products and services produced in Central Asia, Pakistan, and the South Caucasus.

Sec. 1203. Authorization of appropriations for Afghanistan Security Forces Fund.

Sec. 1204. Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to joint forces command.

Title XIII—Military construction, military family housing, and real property

Sec. 1301. Temporary increase in cost threshold for use of operation and maintenance funds for unspecified minor military construction projects in Afghanistan.

Sec. 1302. Two-year extension of authority for pilot projects for acquisition or construction of military unaccompanied housing.

Sec. 1303. Consolidation and standardization of notice-and-wait requirements applicable to real property leases.

I

Procurement

101.

Army

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Army as follows:

(1)

For aircraft, $6,952,220,000.

(2)

For missiles, $1,901,679,000.

(3)

For weapons and tracked combat vehicles, $3,211,418,000.

(4)

For ammunition, $2,422,530,000.

(5)

For other procurement, $16,133,117,000.

102.

Navy and Marine Corps

(a)

Navy

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Navy as follows:

(1)

For aircraft, $19,294,865,000.

(2)

For weapons, including missiles and torpedoes, $3,527,155,000.

(3)

For shipbuilding and conversion, $13,776,867,000.

(4)

For other procurement, $5,979,194,000.

(b)

Marine Corps

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Marine Corps in the amount of $2,765,083,000.

(c)

Navy and Marine Corps ammunition

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement of ammunition for the Navy and Marine Corps in the amount of $1,551,455,000.

103.

Air Force

Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Air Force as follows:

(1)

For aircraft, $12,902,717,000.

(2)

For ammunition, $1,079,281,000.

(3)

For missiles, $6,337,353,000.

(4)

For other procurement, $19,614,690,000.

104.

Defense-wide activities

Funds are hereby authorized to be appropriated for fiscal year 2010 for Defense-wide procurement in the amount of $4,475,782,000.

105.

Rapid Acquisition Fund

Funds are hereby authorized to be appropriated for fiscal year 2010 for the Rapid Acquisition Fund in the amount of $79,300,000.

106.

Joint Improvised Explosive Device Defeat Fund

Funds are hereby authorized to be appropriated for fiscal year 2010 for the Joint Improvised Explosive Device Defeat Fund in the amount of $2,099,850,000.

107.

Defense Production Act purchases

Funds are hereby authorized to be appropriated for fiscal year 2010 for Defense Production Act purchases in the amount of $38,246,000.

108.

Mine Resistant Ambush Protected Vehicle Fund

Funds are hereby authorized to be appropriated for fiscal year 2010 for the Mine Resistant Ambush Protected Vehicle Fund in the amount of $5,456,000,000.

II

Research, development, test, and evaluation

201.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Department of Defense for research, development, test, and evaluation, as follows:

(1)

For the Army, $10,496,180,000.

(2)

For the Navy, $19,378,112,000.

(3)

For the Air Force, $28,022,113,000.

(4)

For Defense-wide activities, $21,048,138,000, of which $190,770,000 is authorized for the Director of Operational Test and Evaluation.

III

Operation and maintenance

A

Authorization of appropriations

301.

Operation and maintenance funding

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1)

For the Army, $83,445,543,000.

(2)

For the Navy, $41,289,929,000.

(3)

For the Marine Corps, $9,237,823,000.

(4)

For the Air Force, $44,775,027,000.

(5)

For the Defense-wide activities, $35,935,546,000.

(6)

For the Army Reserve, $2,824,522,000.

(7)

For the Navy Reserve, $1,346,560,000.

(8)

For the Marine Corps Reserve, $315,592.

(9)

For the Air Force Reserve, $3,205,153,000.

(10)

For the Army National Guard, $6,578,680,000.

(11)

For the Air National Guard, $6,175,623,000.

(12)

For the United States Court of Appeals for the Armed Forces, $13,932,000.

(13)

For Environmental Restoration, Army, $415,864,000.

(14)

For Environmental Restoration, Navy, $285,869,000.

(15)

For Environmental Restoration, Air Force, $494,276,000.

(16)

For Environmental Restoration, Defense-wide, $11,100,000.

(17)

For Environmental Restoration, Formerly Used Defense Sites, $267,700,000.

(18)

For Overseas Humanitarian, Disaster, and Civic Aid programs, $109,869,000.

(19)

For Cooperative Threat Reduction programs, $404,093,000.

(20)

For the Overseas Contingency Operations Transfer Fund, $5,000,000.

(21)

For the Iraq Freedom Fund, $115,300,000.

(22)

For the Department of Defense Acquisition Workforce Development Fund, $100,000,000.

(23)

For the Pakistan Counterinsurgency Capability Fund, $700,000,000.

B

Environmental provisions

311.

Reimbursement of Environmental Protection Agency for certain costs in connection with the Former Nansemond Ordnance Depot Site, Suffolk, Virginia

(a)

Authority To reimburse

(1)

Transfer amount

Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $68,623 during fiscal year 2010 to the Former Nansemond Ordnance Depot Site Special Account, within the Hazardous Substance Superfund.

(2)

Purpose of reimbursement

The payment under paragraph (1) is final payment to reimburse the Environmental Protection Agency for all costs incurred in overseeing a time critical removal action performed by the Department of Defense under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, Virginia.

(3)

Interagency agreement

The reimbursement described in paragraph (2) is provided for in an interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Former Nansemond Ordnance Depot Site in December 1999.

(b)

Source of funds

Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites.

(c)

Use of funds

The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Former Nansemond Ordnance Depot Site.

C

Other provisions

321.

Refined Petroleum Products, Marginal Expense Transfer Account

(a)

In general

Chapter 131 of title 10, United States Code, is amended by inserting after section 2228 the following new section:

2228a.

Refined Petroleum Products, Marginal Expense Transfer Account

(a)

Account

There is established in the Treasury the Refined Petroleum Products, Marginal Expense Transfer Account (hereinafter in this section referred to as the Transfer Account). During any fiscal year, amounts in the Transfer Account shall be available without further appropriation to pay the marginal costs needed to purchase up to the quantity of refined petroleum products specified in the fiscal year budget request for use by Department of Defense entities for such year.

(b)

Calculation of marginal costs

Marginal costs shall be calculated as the difference between the actual market prices paid by the Department of Defense for the refined petroleum products purchased in a fiscal year and the prices specified for the purchase of such products in the President’s budget for that year.

(c)

Transfer of funds

(1)

During the course of any fiscal year, amounts sufficient to pay the marginal costs under subsection (a) shall be transferred from the Transfer Account to the Defense-Wide Working Capital Fund.

(2)

To the extent that the price specified for the purchase of refined petroleum products in the President's budget submission for a fiscal year exceed the actual market prices paid by the Department for such products purchased in that year, the difference in price shall be transferred from the Defense-Wide Working Capital Fund to the Transfer Fund and such amounts shall be cancelled.

(3)

The transfer of such additional amount needed, amounts not needed through August, and an estimate for September should be transferred before the end of the fiscal year, with a final accounting and transfer within 60 days after the end of the fiscal year.

(4)

The transfer authority provided by this section is in addition to any other transfer authority available to the Department of Defense.

(d)

Appropriation

There is appropriated to the Transfer Account such sums as may be necessary to carry out this section.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2228 the following new item:

2228a. Refined Petroleum Products, Marginal Expense Transfer Account.

.

IV

Other authorizations

A

Military programs

401.

Working Capital Funds

Funds are hereby authorized to be appropriated for fiscal year 2010 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for the Defense Working Capital Funds in the amount of $1,851,919,000.

402.

National Defense Sealift Fund

Funds are hereby authorized to be appropriated for fiscal year 2010 for the National Defense Sealift Fund in the amount of $1,642,758,000.

403.

Defense Health Program

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $29,058,398,000, of which—

(1)

$28,123,154,000 is for Operation and Maintenance;

(2)

$613,102,000 is for Research, Development, Test, and Evaluation; and

(3)

$322,142,000 is for Procurement.

404.

Chemical Agents and Munitions Destruction, Defense

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, $1,560,760,000, of which—

(1)

$1,146,802,000 is for Operation and Maintenance;

(2)

$401,269,000 is for Research, Development, Test, and Evaluation; and

(3)

$12,689,000 is for Procurement.

(b)

Use

Amounts authorized to be appropriated under subsection (a) are authorized for—

(1)

the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(2)

the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

405.

Drug Interdiction and Counter-Drug Activities, Defense-wide

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, $1,383,587,000.

406.

Defense Inspector General

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, $281,320,000, of which—

(1)

$280,320,000 is for Operation and Maintenance; and

(2)

$1,000,000 is for Procurement.

407.

Defense Coalition Support Fund

Funds are hereby authorized to be appropriated for the Defense Coalition Support Fund in the amount of $22,000,000.

B

Armed Forces Retirement Home

411.

Authorization of appropriations for Armed Forces Retirement Home

There is hereby authorized to be appropriated for fiscal year 2010 from the Armed Forces Retirement Home Trust Fund the sum of $134,000,000 for the operation of the Armed Forces Retirement Home.

C

Military personnel

421.

Military personnel

There is hereby authorized to be appropriated for military personnel for fiscal year 2010 a total of $138,851,283,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2010.

V

Military personnel policy

A

Personnel strength authorizations

501.

End strengths for Active Forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2010, as follows:

(1)

The Army, 547,400.

(2)

The Navy, 328,800.

(3)

The Marine Corps, 202,100.

(4)

The Air Force, 331,700.

502.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the Reserve components as of September 30, 2010, as follows:

(1)

The Army Reserve, 205,000.

(2)

The Navy Reserve, 65,500.

(3)

The Marine Corps Reserve, 39,600.

(4)

The Air Force Reserve, 69,500.

(5)

The Air National Guard of the United States, 106,700.

(6)

The Army National Guard of the United States, 358,200.

(7)

The Coast Guard Reserve, 10,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any Reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any Reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such Reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

503.

End strengths for Reserves on active duty in support of the Reserves

Within the end strengths prescribed in section 411(a), the Reserve components of the Armed Forces are authorized, as of September 30, 2010, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army Reserve, 16,261.

(2)

The Navy Reserve, 10,818.

(3)

The Marine Corps Reserve, 2,261.

(4)

The Air Force Reserve, 2,896.

(5)

The Army National Guard of the United States, 32,060.

(6)

The Air National Guard of the United States, 14,555.

504.

End strengths for military technicians (dual status)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2010 for the Reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army Reserve, 8,154.

(2)

For the Army National Guard of the United States, 26,901.

(3)

For the Air Force Reserve, 10,417.

(4)

For the Air National Guard of the United States, 22,313.

505.

Fiscal year 2010 limitation on number of non-dual status technicians

(a)

Limitations

(1)

National Guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2010, may not exceed the following:

(A)

For the Army National Guard of the United States, 2,500.

(B)

For the Air National Guard of the United States, 350.

(2)

Army Reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2010, may not exceed 836.

(3)

Air Force Reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2010, may not exceed 90.

(b)

Non-dual status technicians defined

In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.

506.

Maximum number of Reserve personnel authorized to be on active duty for operational support

During fiscal year 2010, the maximum number of members of the Reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1)

The Army National Guard of the United States, 17,000.

(2)

The Army Reserve, 13,000.

(3)

The Navy Reserve, 6,200.

(4)

The Marine Corps Reserve, 3,000.

(5)

The Air National Guard of the United States, 16,000.

(6)

The Air Force Reserve, 14,000.

B

Military personnel policy generally

511.

Revisions to annual report requirement on joint officer management

Section 667 of title 10, United States Code, is amended—

(1)

in paragraph (1)(A), by striking and their education and experience;

(2)

by striking paragraph (3);

(3)

by transferring subparagraph (B) of paragraph (4) to the end of paragraph (1), redesignating that subparagraph as subparagraph (C), aligning that subparagraph with the margin of subparagraph (B) of paragraph (1), and capitalizing the first word of that subparagraph;

(4)

by striking the remainder of paragraph (4), as amended by paragraph (3) of this section;

(5)

by redesignating paragraph (5) as paragraph (3);

(6)

by striking paragraph (6);

(7)

by redesignating paragraphs (7) through (11) as paragraphs (4) through (8), respectively;

(8)

by redesignating paragraph (12) as paragraph (9) and in that paragraph striking each time the and all that follows and inserting “the principal courses of instruction for Joint Professional Military Education Level II, the number of officers graduating from each of the following:

(A)

The Joint Forces Staff College.

(B)

The National Defense University.

(C)

Senior Service Schools.

; and

(9)

by redesignating paragraph (13) as paragraph (10).

512.

Clarification of performance policies for military musical units and musicians

(a)

Clarification

Section 974 of title 10, United States Code, is amended to read as follows:

974.

Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians

(a)

Military musicians performing in an official capacity

(1)

Restriction on performances in competition with local civilian musicians

A military musical unit, and a member of the armed forces who is a member of such a unit performing in an official capacity, may not engage in the performance of music in competition with local civilian musicians.

(2)

Performances in competition with local civilian musicians

For purposes of paragraph (1), the following shall, except as provided in paragraph (3), be included among the performances that are considered to be a performance of music in competition with local civilian musicians:

(A)

A performance that is more than incidental to an event that (i) is not supported, in whole or in part, by United States Government funds, and (ii) is not free to the public.

(B)

A performance of background, dinner, dance, or other social music at an event that (i) is not supported, in whole or in part, by United States Government funds, and (ii) is held at a location not on a military installation.

(3)

Performances not in competition with local civilian musicians

For purposes of paragraph (1), the following shall not be considered to be a performance of music in competition with local civilian musicians:

(A)

A performance (including background, dinner, dance, or other social music) at an official United States Government event that is supported, in whole or in part, by United States Government funds.

(B)

A performance at a concert, parade, or other event, that is a patriotic event or a celebration of a national holiday and is free to the public.

(C)

A performance that is incidental to an event that (i) is not supported, in whole or in part, by United States Government funds, or (ii) is not free to the public.

(D)

A performance (including background, dinner, dance, or other social music) at—

(i)

an event that is sponsored by or for a military welfare society, as defined in section 2566 of this title;

(ii)

an event that is a traditional military event intended to foster the morale and welfare of members of the armed forces and their families; or

(iii)

an event that is specifically for the benefit or recognition of members of the armed forces, their family members, veterans, civilian employees of the Department of Defense, or former civilian employees of the Department of Defense, to the extent provided in regulations prescribed by the Secretary of Defense.

(E)

A performance (including background, dinner, dance, or other social music)—

(i)

to uphold the standing and prestige of the United States with dignitaries and distinguished or prominent persons or groups of the United States or another nation; or

(ii)

in support of fostering and sustaining a cooperative relationship with another nation.

(b)

Prohibition of military musicians accepting additional remuneration for official performances

A military musical unit, and a member of the armed forces who is a member of such a unit performing in an official capacity, may not receive remuneration for an official performance, other than applicable military pay and allowances.

(c)

Recordings

(1)

Authority

When authorized under regulations prescribed by the Secretary of Defense for purposes of this section, a military musical unit may produce recordings for distribution to the public, at a cost not to exceed expenses of production and distribution.

(2)

Crediting of funds

Amounts received in payment for a recording distributed to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of the recording. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.

(d)

Performances at foreign locations

Subsection (a) does not apply to a performance outside the United States, its commonwealths, or its possessions.

(e)

Military musical unit defined

In this section, the term military musical unit means a band, ensemble, chorus, or similar musical unit of the armed forces.

.

(b)

Clerical amendment

The item relating to such section in the table of sections at the beginning of such chapter is amended to read as follows:

974. Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians.

.

513.

Enforcement of Servicemembers Civil Relief Act by the Attorney General and by private cause of action

(a)

General civil liability and enforcement

The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new title:

VIII

Civil liability for noncompliance

801.

Enforcement by the Attorney General

(a)

Enforcement by the Attorney General

The Attorney General may commence a civil action in any appropriate United States District Court whenever the Attorney General has reasonable cause to believe—

(1)

that any person or group of persons is engaging in, or has engaged in, a pattern or practice of conduct in violation of any provision of this Act; or

(2)

that any person or group of persons is denying, or has denied, any person or group of persons any protection afforded by any provision of this Act and that such denial raises an issue of general public importance.

(b)

Relief that may be granted in civil actions

In a civil action under subsection (a), the court—

(1)

may enter any temporary restraining order, temporary or permanent injunction, or other order as may be appropriate;

(2)

may award monetary damages to a servicemember, dependent, or other person protected by any provision of this Act who is harmed by the failure to comply with any provision of this Act, including consequential and punitive damages; and

(3)

may, to vindicate the public interest, assess a civil penalty against each defendant—

(A)

in an amount not exceeding $55,000 for a first violation; and

(B)

in an amount not exceeding $110,000 for any subsequent violation.

(c)

Intervention in civil actions

Upon timely application, a servicemember, dependent, or other person protected by any provision of this Act may intervene in a civil action commenced by the Attorney General that involves an alleged violation of any provision of this Act or a denial of any protection afforded by any provision of this Act with respect to which such person claims to be harmed. The court may grant to any such intervening party appropriate relief as is authorized under subsection (b)(1) or (b)(2). The court may also, in its discretion, grant a prevailing intervening party reasonable attorneys’ fees and costs.

802.

Private causes of action

A servicemember, dependent, or other person protected by any provision of this Act may commence an action in any appropriate United States District Court or in a State court of competent jurisdiction to enforce any requirement imposed or protection afforded by any provision of this Act. The court may grant to any such servicemember, dependent, or person such appropriate relief as is authorized under section 801 (b)(1) or (b)(2). The court may also, in its discretion, grant a prevailing party reasonable attorneys’ fees and costs.

803.

Preservation of other remedies

The remedies provided under sections 801 and 802 are in addition to and do not preclude any other causes of action available under Federal or State law or any other remedies otherwise available under Federal or State law, including any award for consequential and punitive damages.

.

(b)

Applicability

Title VIII of the Servicemembers Civil Relief Act, as added by subsection (a), shall apply to any cause of action, claim, or action to enforce the Servicemembers Civil Relief Act, or to seek damages or other relief under any provision of that Act, in progress on the date of the enactment of this Act or that may be brought after such date.

(c)

Conforming amendments

(1)

Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App. 527) is amended by striking subsection (f).

(2)

Sections 301(c), 302(b), 303(d), 305(h), 306(e), and 307(c) of such Act (50 U.S.C. App. 531(c), 532(b), 533(d), 535(h), 536(e), and 537(c)) are amended—

(A)

by striking Penalties and all that follows through (1); and

(B)

by striking paragraph (2).

(d)

Technical corrections

Such Act is further amended—

(1)

in section 202(d)(1) (50 U.S.C. App. 522(d)(1)), by striking affect in the first sentence and inserting effect; and

(2)

in sections 204(a), 306(c), and 701(c) (50 U.S.C. App. 524(a), 536(c), and 591(c)), by striking Affect in the subsection heading and inserting Effect.

(e)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end the following:

Title VIII—Civil liability for noncompliance

Sec. 801. Enforcement by the Attorney General.

Sec. 802. Private causes of action.

Sec. 803. Preservation of other remedies.

.

VI

Compensation and other personnel benefits

A

Pay and allowances

601.

Extension of authority for income replacement payments for Reserve component members experiencing extended and frequent mobilization for active duty service

Section 910(g) of title 37, United States Code, is amended by striking December 31, 2009 and inserting December 31, 2010.

B

Extension of certain bonuses and special and incentive pays

611.

One-year extension of certain bonus and special pay authorities for Reserve Forces

The following sections of chapter 5 of title 37, United States Code, are amended by striking December 31, 2009 and inserting December 31, 2010:

(1)

Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2)

Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3)

Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4)

Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5)

Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6)

Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

612.

One-year extension of certain bonus and special pay authorities for health care professionals

(a)

Title 10 authorities

The following sections of title 10, United States Code, are amended by striking December 31, 2009 and inserting December 31, 2010:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(b)

Title 37 authorities

The following sections of chapter 5 of title 37, United States Code, are amended by striking December 31, 2009 and inserting December 31, 2010:

(1)

Section 302c–1(f), relating to accession and retention bonuses for psychologists.

(2)

Section 302d(a)(1), relating to accession bonus for registered nurses.

(3)

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4)

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5)

Section 302h(a)(1), relating to accession bonus for dental officers.

(6)

Section 302j(a), relating to accession bonus for pharmacy officers.

(7)

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8)

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

(9)

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

613.

One-year extension of special pay and bonus authorities for nuclear officers

The following sections of chapter 5 of title 37, United States Code, are amended by striking December 31, 2009 and inserting December 31, 2010:

(1)

Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2)

Section 312b(c), relating to nuclear career accession bonus.

(3)

Section 312c(d), relating to nuclear career annual incentive bonus.

(4)

Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

614.

One-year extension of authorities relating to payment of other title 37 bonuses and special pay

The following sections of chapter 5 of title 37, United States Code, are amended by striking December 31, 2009 and inserting December 31, 2010:

(1)

Section 301b(a), relating to aviation officer retention bonus.

(2)

Section 307a(g), relating to assignment incentive pay.

(3)

Section 308(g), relating to reenlistment bonus for active members.

(4)

Section 309(e), relating to enlistment bonus.

(5)

Section 324(g), relating to accession bonus for new officers in critical skills.

(6)

Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(7)

Section 327(h), relating to incentive bonus for transfer between Armed Forces.

(8)

Section 330(f), relating to accession bonus for officer candidates.

(9)

Section 331(h), relating to general bonus authority for enlisted members.

(10)

Section 332(g), relating to general bonus authority for officers.

(11)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(12)

Section 351(i), relating to hazardous duty pay.

(13)

Section 352(g), relating to assignment pay or special duty pay.

(14)

Section 353(j), relating to skill incentive pay or proficiency bonus.

(15)

Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

615.

One-year extension of authorities relating to payment of referral bonuses

The following sections of title 10, United States Code, are amended by striking December 31, 2009 and inserting December 31, 2010:

(1)

Section 1030(i), relating to health professions referral bonus.

(2)

Section 3252(h), relating to Army referral bonus.

C

Retired pay and survivor benefits

621.

Expansion of eligibility for concurrent receipt of retired pay and disability compensation

(a)

Phased expansion

Subsection (a) of section 1414 of title 10, United States Code, is amended to read as follows:

(a)

Payment of both retired pay and compensation

(1)

In general

Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a qualified retiree) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38.

(A)

During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c), except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:

(i)

A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.

(ii)

A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.

(B)

Notwithstanding the provisions of subsection (c), on or after January 1, 2010, a qualified retiree described in subparagraph (2)(B) or (2)(C) is entitled to payment of both retired pay and compensation under this subsection, subject to subsection (b).

(2)

Qualifying service-connected disability

In this section, the term qualifying service-connected disability means—

(A)

in the case of a member or former member receiving retired pay under any provision of law other than chapter 61 of this title or under chapter 61 with 20 years or more of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs;

(B)

in the case of a member or former member receiving retired pay under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated at the disabling level specified by the Secretary of Veterans Affairs and is effective on or after the following dates:

(i)

January 1, 2010, rated 100 percent, or a rate payable at 100 percent by reason of individual unemployability or rated 90 percent;

(ii)

January 1, 2011, rated 80 percent or 70 percent; and

(iii)

January 1, 2012, rated 60 percent or 50 percent; and

(C)

in the case of a member or former member receiving retired pay under chapter 61 regardless of years of service, a service-connected disability or combination of service-connected disabilities that is rated at the disabling level specified by the Secretary of Veterans Affairs and is effective on or after the following dates:

(i)

January 1, 2013, rated 40 percent or 30 percent; and

(ii)

January 1, 2014, any rating.

.

(b)

Conforming special rule modification

Subsection (b) of such section is amended to read as follows:

(b)

Special rules for chapter 61 disability retirees

(1)

General rule

The retired pay of a member retired under chapter 61 of this title is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.

(2)

Special rule for retirees with fewer than 20 years of service

The retired pay of a member retired under chapter 61 of this title with fewer than 20 years of creditable service otherwise creditable under section 1405 or computed under section 12732 of this title, is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.

.

(c)

Conforming amendment

Subsection (c) of such section is amended by striking the second sentence and inserting subparagraph (A).

(d)

Clerical amendments

(1)

Section heading

The heading of such section is amended to read as follows:

1414.

Concurrent payment of retired pay and veterans’ disability compensation

.

(2)

Table of sections

The table of sections at the beginning of chapter 71 of such title is amended by striking the item related to section 1414 and inserting the following new item:

1414. Concurrent payment of retired pay and veterans’ disability compensation.

.

(e)

Effective date

The amendments made by this section shall take effect on January 1, 2010.

VII

Wounded warrior provisions

701.

Provision of special monthly compensation allowance to catastrophically injured service members recovering from combat or combat-related catastrophic injuries

(a)

In general

Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section:

439.

Special monthly compensation for members of the uniformed services with combat or combat-related catastrophic injuries

(a)

Compensation authorized

(1)

Under regulations prescribed by the Secretary of Defense, the Secretary concerned may pay to any member of the uniformed services described in paragraph (2) a special monthly compensation in an amount determined under paragraph (3).

(2)

A member eligible for the compensation authorized by paragraph (1) is a member—

(A)

who has a combat-related catastrophic injury or illness and for whom a licensed physician has certified that the member is in need of assistance from another person to perform the personal functions required in everyday living; and

(B)

who has elected to participate in the expedited disability evaluation process.

(3)

The Secretary of Defense may establish additional eligibility criteria in the regulations required by paragraph (1).

(4)

The amount of the special monthly compensation authorized by paragraph (1) shall be determined under criteria prescribed by the Secretary of Defense, but may not exceed the amount of the aid and attendance allowance authorized by section 1114(r) of title 38 for veterans in need of regular aid and attendance. In determining the amount of the compensation, the Secretary concerned shall consider the extent to which home health care and related services are being provided by the Government and the extent to which aid and attendance services are being provided by family and friends who may be compensated with funds provided through the special monthly compensation authorized by this section.

(5)

The duration of the special monthly compensation authorized by paragraph (1) shall be 120 days from the date of the member's election to participate in the expedited disability evaluation process or until the member is medically retired from service, so long as the member otherwise remains eligible.

(b)

Definitions

In this section:

(1)

The term catastrophic injury or illness means a permanent, severely disabling injury, disorder, or disease that compromises the ability to carry out the activities of daily living to such a degree that the member requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.

(2)

The term combat-related means having the attributes described in section 1413a of title 10.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

439. Special monthly compensation for members of the uniformed services with combat or combat-related catastrophic injuries.

.

VIII

Acquisition policy, acquisition management, and related matters

801.

Permanent authority for use of simplified acquisition procedures for certain commercial items

Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by striking subsection (e).

802.

Clarification of uniform suspension and debarment requirement

Section 2455(a) of the Federal Acquisition Streamlining Act of 1994 (31 U.S.C. 6101 note) is amended by inserting at any level, including subcontracts at any tier, in the second sentence after any procurement or nonprocurement activity.

803.

Extension and permanent authority for small business innovation research commercialization program

(a)

Extension to small business technology transfer program

Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended by inserting and Small Business Technology Transfer Program in paragraphs (1), (2), and (4) after Small Business Innovation Research Program.

(b)

Permanent authority

Such section is further amended—

(1)

by striking Pilot each place it appears (including in the heading for subsection (y)); and

(2)

by striking paragraph (6).

804.

Authority for Government support contractors to have access to technical data belonging to prime contractors

(a)

Authority

(1)

Access to technical data

Subsection (c) of section 2320 of title 10, United States Code, is amended—

(A)

by striking or at the end of paragraph (1);

(B)

by redesignating paragraph (2) as paragraph (3); and

(C)

by inserting after paragraph (1) the following new paragraph (2):

(2)

notwithstanding any limitation upon the license rights conveyed under subsection (a), allowing a Government support contractor access to and use of any technical data delivered under a contract covered by this chapter if the Government support contractor accessing or using that technical data executes a contract with the Government agreeing to and acknowledging—

(A)

that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;

(B)

that a breach of that contract by a Government support contractor with regard to a third party’s ownership or rights in such technical data may subject that Government support contractor—

(i)

to criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii)

to civil actions for damages and other appropriate remedies by the contractor or subcontractor whose technical data is affected by the breach;

(C)

that such technical data provided to a Government support contractor under the authority of this section shall not be used by that Government support contractor to compete against the third party for Government or non-Government contracts; and

(D)

that any breach of these nondisclosure obligations may constitute a violation of section 1905 of title 18; or

.

(2)

Definition

Such section is further amended by adding at the end the following new subsection:

(f)

Government support contractor defined

In this section, the term Government support contractor means a contractor (and any of its subcontractors) whose primary purpose is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of a program or effort, rather than to directly furnish an end item or a service to accomplish a program or effort.

.

(b)

Criminal penalty

Section 1905 of title 18, United States Code, is amended by inserting or being an officer, agent or employee of a private sector organization having a contractual nondisclosure agreement under the authority of section 2320(c)(2) of title 10, after Antitrust Civil Process Act (15 U.S.C. 1311–1314),.

805.

Reports to Congress on full deployment decisions for major automated information system programs

(a)

Implementation schedule

Section 2445b(b)(2) of title 10, United States Code, is amended by striking , initial operational capability, and full operational capability and inserting and full deployment decision.

(b)

Critical changes in program

Section 2445c(d)(2)(A) of such title is amended by striking initial operational capability and inserting a full deployment decision.

806.

Repeal of requirements for reporting on certain information technology investment programs

(a)

Definition of other major information technology investment program

Section 2445a of title 10, United States Code, is amended by striking subsection (d).

(b)

Cost, schedule, and performance information

Section 2445b of such title is amended—

(1)

in subsection (a), by striking and each other major information technology investment program; and

(2)

by striking subsection (d).

(c)

Reports

Section 2445c(a) of such title is amended—

(1)

by striking or other major information technology investment program each place it appears;

(2)

in subsections (a), (d)(2)(A), (f)(1), and (f)(2), by striking or information technology investment;

(3)

in subsection (d)(2)—

(A)

in subparagraph (B), by striking or section 2445b(d);

(B)

in subparagraph (C), by striking or section 2445b(d) of this title, as applicable; and

(C)

in subparagraph (D), by striking or major information technology investment and or section 2445b(d) of this title, as applicable; and

(4)

in subsection (f)(3), by striking or information technology investment, as applicable,.

807.

Modification of deadline for submission of annual report to Congress under section 2466 of title 10, United States Code

Section 2466(d)(1) of title 10, United States Code, is amended by striking April 1 of and inserting 90 days after the date on which the President’s Budget for the next fiscal year is submitted to Congress.

808.

Revision to definitions of major defense acquisition program and major automated information system for purposes of certain costs, schedule, and performance reports

(a)

Major defense acquisition program

Section 2430 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

In the case of a Department of Defense acquisition program that, by reason of paragraph (2) of section 2445a(a) of this title, is a major automated information system program under chapter 144A of this title and that, by reason of paragraph (2) of subsection (a), is a major defense acquisition program under this chapter, the Secretary of Defense may designate that program to be treated only as a major automated information system program or to be treated only as a major defense acquisition program.

.

(b)

Major automated information system

Section 2445a(a) of such title is amended by inserting that is not a highly sensitive classified program (as determined by the Secretary of Defense) after (either as a product or service).

809.

Exception for emergency operations

(a)

Exception for procurements in support of emergency operations

Paragraph (1) of subsection (d) of section 2533a of title 10, United States Code, is amended to read as follows:

(1)

Procurements in support of emergency operations.

.

(b)

Definition of emergency operations

Subsection (j) of such section is amended—

(1)

by striking Geographic Coverage.— and inserting Definitions.—(1); and

(2)

by adding at the end the following new paragraph:

(2)

In this section, the term emergency operations means any of the following:

(A)

Contingency operations.

(B)

Operations in defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States.

(C)

Operations in response to an incident of national significance, emergency declaration, national emergency, or major disaster declared by the President.

(D)

Combat operations.

.

810.

Contract authority for advanced development of initial or additional prototype units

(a)

In general

Chapter 137 of title 10, United States Code, is amended by inserting after section 2302d the following new section:

2302e.

Contract authority for advanced development of initial or additional prototype units

(a)

Authority

A contract initially awarded from the competitive selection of a proposal resulting from a general solicitation as defined in section 2302(2)(B) may contain a contract line item or an option for—

(1)

the delivery of initial or additional prototype items if the item or a prototype thereof is created as the result of work performed under the initial competed research contract; or

(2)

the provision of advanced component development, or prototype of technology developed in the initial underlying contract.

(b)

Delivery

A contract line item or option as described in subsection (a)(1) shall require the delivery of the minimal amount of initial or additional prototype items to allow for the timely solicitation and award of a production contract for those items. Such contract option may have a value only up to three times the value of the initial contract and any subsequent development or procurement must be subject to the terms of section 2304 of this title.

(c)

Term

A contract line item or option as described in subsection (a)(2) shall be for a term of not more than 12 months.

(d)

Use of authority

Each military department may use this authority up to four times per year and the Secretary of Defense may approve up to an additional four options per year for projects supported by agencies of the Department of Defense.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2302d the following new item:

2302e. Contract authority for advanced development of initial or additional prototype units.

.

IX

Department of Defense organization and management

901.

Repeal of certain limitations on personnel and consolidation of reports on major Department of Defense headquarters activities

(a)

Repeal of certain limitations on personnel assigned to major headquarters activities

(1)

Repeals

The following provisions of law are repealed:

(A)

Section 143 of title 10, United States Code.

(B)

Section 194 of such title.

(C)

Sections 3014(f), 5014(f), and 8014(f) of such title.

(D)

Section 601 of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (10 U.S.C. 194 note).

(2)

Clerical amendments

(A)

The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 143.

(B)

The table of sections at the beginning of subchapter I of chapter 8 of such title is amended by striking the item relating to section 194.

(b)

Consolidated annual report

(1)

Inclusion in annual defense manpower requirements report

Section 115a of such title is amended by inserting after subsection (e) the following new subsection:

(f)

The Secretary shall also include in each such report the following information with respect to personnel assigned to or supporting major Department of Defense headquarters activities:

(1)

The military end strength and civilian full-time equivalents assigned to major Department of Defense headquarters activities for the preceding fiscal year and estimates of such numbers for the current fiscal year and the budget fiscal year.

(2)

A summary of the replacement during the preceding fiscal year of contract workyears providing support to major Department of Defense headquarters activities with military end strength or civilian full-time equivalents, including an estimate of the number associated with the replacement of contracts performing inherently governmental or exempt functions.

(3)

The plan for the continued review of contract personnel supporting major Department of Defense headquarters activities for possible conversion to military or civilian performance in accordance with section 2463 of this title.

.

(2)

Technical amendments to reflect name of report

(A)

Subsection (a) of such section is amended by inserting defense before manpower requirements report.

(B)
(i)

The heading of such section is amended to read as follows:

115a.

Annual defense manpower requirements report

.

(ii)

The item relating to such section in the table of sections at the beginning of chapter 2 of such title is amended to read as follows:

115a. Annual defense manpower requirements report.

.

(3)

Conforming repeals

The following provisions of law are repealed:

(A)

Subsections (b) and (c) of section 901 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 272).

(B)

Section 1111 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4619).

902.

Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs

(a)

Joint committee for the Review of Counterproliferation Programs of the United States

Section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 22 U.S.C. 2751 note) is repealed.

(b)

Biennial report on counterproliferation activities and programs

Section 1503 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 22 U.S.C. 2751 note) is repealed.

903.

Provision of space situational awareness services and information to non-United States Government entities

(a)

In general

Section 2274 of title 10, United States Code, is amended to read as follows:

2274.

Space situational awareness services and information: provision to non-United States Government entities

(a)

Authority

The Secretary of Defense may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities in accordance with this section. Any such action may be taken in the case of any such entity only if the Secretary determines that such action is consistent with the national security interests of the United States.

(b)

Eligible entities

The Secretary may provide services and information under subsection (a) to, and may obtain data and information under subsection (a) from, any non-United States Government entity, including any of the following:

(1)

A State government.

(2)

The government of a political subdivision of a State.

(3)

A United States commercial entity.

(4)

The government of a foreign country.

(5)

A foreign commercial entity.

(c)

Required agreement

The Secretary may not provide space situational awareness services and information under subsection (a) to a non-United States Government entity unless that entity enters into an agreement with the Secretary under which the entity—

(1)

agrees to pay an amount that may be charged by the Secretary under subsection (d);

(2)

agrees not to transfer any data or technical information received under the agreement, including the analysis of data, to any other entity without the express approval of the Secretary; and

(3)

agrees to any other terms and conditions considered necessary by the Secretary.

(d)

Charges

(1)

As a condition of an agreement under subsection (c), the Secretary may (except as provided in paragraph (2)) require the non-United States Government entity entering into the agreement to pay to the Department of Defense such amounts as the Secretary determines to be necessary to reimburse the Department for the costs to the Department of providing space situational awareness service support under the agreement.

(2)

The Secretary may not require the government of a State, or of a political subdivision of a State, to pay any amount under paragraph (1).

(e)

Crediting of funds received

Funds received for the provision of space situational awareness services pursuant to an agreement under this section shall be credited, at the option of the Secretary, to (1) the appropriation, fund, or account used in incurring the obligation, or (2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made. Funds so credited shall be merged with, and remain available for obligation with, the funds in the appropriation, fund, or account to which credited.

(f)

Procedures

The Secretary shall establish procedures by which the authority under this section shall be carried out. As part of those procedures, the Secretary may allow space situational awareness services to be provided through a contractor of the Department of Defense.

(g)

Nondisclosure

All information received under subsection (a), records of agreements entered into under subsection (c), and analyses or data provided as a part of the services provided in accordance with the authority under this section are exempt from disclosure under section 552(b)(3) of title 5.

(h)

Immunity

The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, and other persons acting for the United States, shall be immune from any suit in any court for any cause of action arising from the provision or receipt of space situational awareness services, whether or not provided in accordance with this section, or any related action or omission.

.

(b)

Clerical amendment

The item relating to such section in the table of sections at the beginning of chapter 135 of such title is amended to read as follows:

2274. Space situational awareness services and information: provision to non-United States Government entities.

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(c)

Effective date

The amendments made by this section shall take effect on October 1, 2009, or the date of the enactment of this Act, whichever is later.

X

General provision

A

Financial matters

1001.

Authority for airlift transportation at Department of Defense rates for non-Department of Defense Federal cargoes

Section 2642(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

For military airlift services provided to any element of the Federal Government outside the Department of Defense in circumstances other than those specified in paragraphs (1) and (2), but only if the Secretary of Defense determines that provision of those military airlift services will promote improved utilization of airlift capacity without negative effect on national security objectives or the national security interests contained within the United States commercial air industry.

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1002.

Advance notice to Congress of transfer of funds from a working-capital fund

Paragraph (1) of section 2208(r) of title 10, United States Code, is amended to read as follows:

(1)

Whenever the Secretary of Defense proposes to exercise authority provided by law to transfer funds from a working-capital fund, including a transfer to another working-capital fund, such transfer may be made only after the Secretary submits to Congress notice of the proposed transfer and a period of five days has passed from the date of the notification.

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B

Policy relating to vessels and shipyards

1011.

Temporary reduction in statutory minimum number of aircraft carriers in active service

Section 5062(b) of title 10, United States Code, is amended by inserting before the period at the end of the first sentence the following: , except that during the period beginning on the date of the decommissioning of the USS Enterprise (CVN 65) and ending on the date of the commissioning into active service of the USS GERALD R. FORD (CVN 78), the number of operational aircraft carriers in the naval combat forces of the Navy may be 10.

C

Counter-drug activities

1021.

Two-year extension of authority to support unified counter-drug and counterterrorism campaign in Colombia and continuation of numerical limitations on assignment of United States personnel

(a)

Extension

Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2042), as most recently amended by section 1023 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), is amended in subsections (a)(1) and (c), by striking 2009 and inserting 2011.

(b)

Clarification

Subsection (c) of such section is amended by inserting , and its follow-on programs, after Plan Colombia each place it appears.

D

Report terminations

1031.

Improved management of congressional reporting requirements applicable to Department of Defense

(a)

In general

Chapter 23 of title 10, United States Code, is amended by inserting after section 480 the following new section:

480a.

Reports to Congress: termination after five years

(a)

Termination

Subject to subsections (b) and (c), each provision of law that requires the Secretary of Defense (or any other officer or employee of the Department of Defense) to submit to Congress (or any committee of Congress) a periodic report shall cease to be effective, with respect to that requirement, five years after the date of the enactment of that provision of law or, in the case of a provision of law enacted before the date of the enactment of this section, five years after the date of the enactment of this section.

(b)

General exceptions

Subsection (a) does not apply to a provision of law containing a requirement for the submittal of a periodic report if that provision of law—

(1)

expressly states that the requirement is indefinite in nature; or

(2)

specifies a number of years (in excess of five) for which the report is required or states a specific termination date for the report requirement.

(c)

Exceptions for specific reports

Subsection (a) does not apply to the following:

(1)

The report required by section 113(c) of this title.

(2)

Any report required by this chapter.

(d)

Periodic report defined

In this section, the term periodic report means a report required to be submitted on an annual, semiannual, or other regular periodic basis.

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(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 480 the following new item:

480a. Reports to Congress: termination after five years.

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1032.

Repeal of requirement for annual report on military museums

(a)

Repeal

Section 489 of title 10, United States Code, is repealed.

(b)

Table of sections

The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 489.

E

Other matters

1041.

One-year extension of authority to offer and make rewards for assistance in combating terrorism through government personnel of allied forces

Section 127b(c)(3)(C) of title 10, United States Code, is amended by striking September, 30, 2009 and inserting September, 30, 2010.

XI

Civilian personnel matters

1101.

One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civlian employees working overseas

(a)

Extension of authority

Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), is amended by striking calendar year 2009 and inserting calendar years 2009 and 2010.

(b)

Exemption from aggregate limitations on pay

Subsection (b) of such section is amended by striking Section 5307 of title 5, United States Code and inserting Aggregate limitations on pay, whether established by law or regulation.

XII

Matters relating to foreign nations

1201.

One-year extension of Commanders’ Emergency Response Program and extension of due date for quarterly reports to Congress

(a)

One-year extension of authority

(1)

Authority for fiscal year 2010

Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455), as most recently amended by section 1214 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4630), is amended—

(A)

in the subsection heading, by striking Fiscal years 2008 and 2009 and inserting Fiscal year 2010;

(B)

by striking each of fiscal years 2008 and 2009 and inserting fiscal year 2010;

(C)

by striking for such fiscal year; and

(D)

by striking $1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal year 2009 and inserting $1,500,000,000.

(2)

Effective date

The amendments made by paragraph (1) shall take effect on October 1, 2009.

(b)

Extension of due date for quarterly reports

Subsection (b)(1) of such section is amended—

(1)

by striking 15 days and inserting 45 days; and

(2)

by striking of fiscal years 2008 and 2009 and inserting of any fiscal year during which the authority under subsection (a) is in effect.

(c)

Technical amendments

Subsections (e)(1) and (f)(1) of such section are amended by striking the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 and inserting October 14, 2008,.

1202.

Enhanced authority to acquire products and services produced in Central Asia, Pakistan, and the South Caucasus

(a)

In general

In the case of a product or service to be acquired in support of operations (including security, transition, reconstruction, and humanitarian relief activities) in Afghanistan for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which—

(1)

competition is limited to products or services that are from Central Asia, Pakistan, or the South Caucasus;

(2)

procedures other than competitive procedures are used to award a contract to a particular source or sources from Central Asia, Pakistan, or the South Caucasus; or

(3)

a preference is provided for products or services that are from Central Asia, Pakistan, or the South Caucasus.

(b)

Determination

A determination described in this subsection is a determination by the Secretary that—

(1)

the product or service concerned is to be used only by military forces, police, or other security personnel of Afghanistan, the United States, Allies, or coalition partners; or

(2)

it is in the national security interest of the United States to limit competition, use procedures other than competitive procedures, or provide a preference as described in subsection (a) because—

(A)

such limitation, procedure, or preference is necessary—

(i)

to improve local market and transportation infrastructure in Central Asia, Pakistan, or the South Caucasus in order to reduce overall United States transportation costs and risks in shipping goods in support of operations in Afghanistan;

(ii)

to encourage states of Central Asia, Pakistan, or the South Caucasus to cooperate in expanding supply routes through their territory in support of operations in Afghanistan; or

(iii)

to help develop a more robust and enduring commercial and transportation network in Central Asia, Pakistan, or the South Caucasus that will connect Afghanistan to its neighbors, promote regional commerce, diversify existing infrastructure in the region, and bolster stability and prosperity in the region; and

(B)

such limitation, procedure, or preference will not adversely affect—

(i)

operations in Afghanistan; or

(ii)

the United States industrial base.

(c)

Products, services, and sources from Central Asia, Pakistan, or the South Caucasus

For the purposes of this section:

(1)

A product is from the Central Asia, Pakistan, or the South Caucasus if it is mined, produced, or manufactured in Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan.

(2)

A service is from Central Asia, Pakistan, or the South Caucasus if it is performed in Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan by citizens or permanent resident aliens of Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan.

(3)

A source is from Central Asia, Pakistan, or the South Caucasus if it—

(A)

is located in Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan; and

(B)

offers products or services that are from Georgia, the Kyrgyz Republic, Pakistan, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Uzbekistan, or Turkmenistan.

(d)

Construction with other authority

The authority provided in subsection (a) is in addition to the authority set out in section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 266; 10 U.S.C. 2302 note).

1203.

Authorization of appropriations for Afghanistan Security Forces Fund

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2010 for the Afghanistan Security Forces Fund in the amount of $7,462,769,000.

(b)

Limitations

Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall be subject to the conditions contained in subsections (b) through (g) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428).

1204.

Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to joint forces command

(a)

Extension of authority

Section 1051a(a) of title 10, United States Code, is amended—

(1)

by striking assigned temporarily and inserting assigned temporarily—;

(2)

by designating the remainder of the text of that section as paragraph (1) and indenting that text two ems from the left margin;

(3)

by striking the period at the end and inserting ; or; and

(4)

by adding at the end the following:

(2)

to the headquarters of the combatant command assigned by the Secretary of Defense the mission of joint warfighting experimentation and joint forces training.

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(b)

Effective date

Paragraph (2) of section 1051a(a) of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2009, or the date of the enactment of this Act, whichever is later.

XIII

Military construction, military family housing, and real property

1301.

Temporary increase in cost threshold for use of operation and maintenance funds for unspecified minor military construction projects in Afghanistan

(a)

Increased cost threshold

(1)

Projects in Afghanistan

For purposes of any military construction project to be carried out in Afghanistan that is a contingency operational requirements project, the cost limitation applicable to the project under subsection (c) of section 2805 of title 10, United States Code, shall be treated as being $3,000,000, notwithstanding any otherwise applicable cost limitation under that section.

(2)

Contingency operational requirements project

For purposes of this subsection, the term contingency operational requirements project means a project that is necessary to meet military operational requirements involving the use of the Armed Forces in support of—

(A)

a declaration of war;

(B)

a declaration by the President of a national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1621); or

(C)

a contingency operation (as such term is defined in section 101 of title 10, United States Code).

(b)

Transparency

(1)

Quarterly reports

Not later than 60 days after the end of each fiscal-year quarter during which subsection (a) is in effect, the Secretary concerned shall submit to the congressional committees specified in paragraph (2) a report on contracts entered into during that quarter under section 2805(c) of title 10, United States Code, for which the applicable cost limitation was the limitation specified in subsection (a). Each such report shall include a statement of obligations during that quarter for each such contract.

(2)

Congressional committees

The congressional committees referred to in this paragraph are the following:

(A)

The Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate.

(B)

The Committee on Armed Services and the Subcommittee on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives.

(3)

Secretary concerned

For purposes of this subsection, the term Secretary concerned has the meaning applicable to such term under section 2805 of title 10, United States Code.

(c)

Expiration

No funds may be obligated for a project by reason of the provisions of subsection (a) after September 30, 2011.

1302.

Two-year extension of authority for pilot projects for acquisition or construction of military unaccompanied housing

Subsection (f) of section 2881a of title 10, United States Code, is amended by striking 2009 and inserting 2011.

1303.

Consolidation and standardization of notice-and-wait requirements applicable to real property leases

(a)

General lease authority

Section 2662(a)(1)(C) of title 10, United States Code, is amended by inserting after United States, the following: other than a lease entered into pursuant to section 2667 of this title,.

(b)

Leases of non-excess property

Section 2667 of such title is amended—

(1)

in subsection (c), by striking paragraph (4);

(2)

in subsection (d), by striking paragraph (6);

(3)

in subsection (h), by striking paragraphs (3) and (5); and

(4)

by adding at the end the following new subsection:

(k)

Notice-and-wait requirements

(1)

The Secretary concerned may not issue a contract solicitation or other lease offering under this section for a lease with an annual rental value that is greater than $750,000 (other than for a lease under subsection (g)) until the Secretary submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report with respect to the proposed lease and a period of 30 days has elapsed after the date of the submission of the report. Any such report shall include the following:

(A)

A description of the proposed lease, including the proposed duration of the lease.

(B)

A description of the authorities to be used in entering into the lease and the intended participation of the United States in the lease, including a justification of the intended method of participation.

(C)

A statement of the scored cost of the lease, determined using the scoring criteria of the Office of Management and Budget.

(D)

A determination that the property involved in the lease is not excess property, as required by subsection (a)(3), including the basis for the determination.

(E)

A determination that the proposed lease is directly compatible with the mission of the military installation or Defense Agency the property of which is to be subject to the lease and a description of the anticipated long-term use of the property at the conclusion of the lease.

(F)

A description of the requirements or conditions within the contract solicitation or other lease offering for the offeror to address taxation issues, including payments-in-lieu-of taxes, and other development issues related to local municipalities.

(2)

The Secretary concerned may not enter into a lease with respect to which a report was required under paragraph (1) until the Secretary submits to the committees specified in that paragraph a report with respect to the proposed lease and either a period of 30 days has elapsed after the date of the submission of the report or a period of 14 days has elapsed after the date of the submission of a copy of the report in an electronic medium pursuant to section 480 of this title. Any such report shall include the following:

(A)

A copy of the report submitted under paragraph (1) with respect to that lease.

(B)

A description of the differences between the report submitted under paragraph (1) and the report being submitted under this paragraph.

(C)

A description of the lease payment required under this section, including a description of any in-kind consideration that will be accepted.

(D)

A description of any community support facility or provision of community support services under the lease, regardless of whether the facility will be operated by a covered entity or the lessee or the services will be provided by a covered entity or the lessee.

(E)

A description of the competitive procedures used to select the lessee or, in the case of a lease involving the public benefit exception authorized by paragraph (2) of subsection (h), a description of the public benefit to be served by the lease.

(F)

In the case of a proposed lease under subsection (a) that involves a project related to energy production and for which the term of the lease exceeds 20 years, a certification that the project is consistent with the Department of Defense performance goals and plan required by section 2911 of this title.

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