II 

111TH CONGRESS 

1ST SESSION S. 1033 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2009 

Mr. LEVIN (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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 


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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. 


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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. 


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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. 


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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. 

1 TITLE I—PROCUREMENT 

2 SEC. 101. ARMY. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2010 for procurement for the Army as follows: 

5 (1) For aircraft, $6,952,220,000. 

6 (2) For missiles, $1,901,679,000. 

7 (3) For weapons and tracked combat vehicles, 

8 $3,211,418,000. 

9 (4) For ammunition, $2,422,530,000. 

10 (5) For other procurement, $16,133,117,000. 

11 SEC. 102. NAVY AND MARINE CORPS. 

12 (a) NAVY.—Funds are hereby authorized to be appro13 priated for fiscal year 2010 for procurement for the Navy 

14 as follows: 

15 (1) For aircraft, $19,294,865,000. 


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1 (2) For weapons, including missiles and tor2 pedoes, $3,527,155,000. 

3 (3) For shipbuilding and conversion, 

4 $13,776,867,000. 

5 (4) For other procurement, $5,979,194,000. 

6 (b) MARINE CORPS.—Funds are hereby authorized to 

7 be appropriated for fiscal year 2010 for procurement for 

8 the Marine Corps in the amount of $2,765,083,000. 

9 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

10 are hereby authorized to be appropriated for fiscal year 

11 2010 for procurement of ammunition for the Navy and 

12 Marine Corps in the amount of $1,551,455,000. 

13 SEC. 103. AIR FORCE. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2010 for procurement for the Air Force as fol16 lows: 

17 (1) For aircraft, $12,902,717,000. 

18 (2) For ammunition, $1,079,281,000. 

19 (3) For missiles, $6,337,353,000. 

20 (4) For other procurement, $19,614,690,000. 

21 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2010 for Defense-wide procurement in the 

24 amount of $4,475,782,000. 


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1 SEC. 105. RAPID ACQUISITION FUND. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2010 for the Rapid Acquisition Fund in the 

4 amount of $79,300,000. 

5 SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

6 FUND. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2010 for the Joint Improvised Explosive Device 

9 Defeat Fund in the amount of $2,099,850,000. 

10 SEC. 107. DEFENSE PRODUCTION ACT PURCHASES. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2010 for Defense Production Act purchases in 

13 the amount of $38,246,000. 

14 SEC. 108. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

15 FUND. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2010 for the Mine Resistant Ambush Protected 

18 Vehicle Fund in the amount of $5,456,000,000. 

19 TITLE II—RESEARCH, DEVELOP20 MENT, TEST, AND EVALUA21 TION 

22 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2010 for the use of the Department of Defense 

25 for research, development, test, and evaluation, as follows: 

26 (1) For the Army, $10,496,180,000. 


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1 (2) For the Navy, $19,378,112,000. 

2 (3) For the Air Force, $28,022,113,000. 

3 (4) For Defense-wide activities, 

4 $21,048,138,000, of which $190,770,000 is author5 ized for the Director of Operational Test and Eval6 uation. 

7 TITLE III—OPERATION AND 

8 MAINTENANCE 

9 Subtitle A—Authorization of 

10 Appropriations 

11 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2010 for the use of the Armed Forces and other 

14 activities and agencies of the Department of Defense for 

15 expenses, not otherwise provided for, for operation and 

16 maintenance, in amounts as follows: 

17 (1) For the Army, $83,445,543,000. 

18 (2) For the Navy, $41,289,929,000. 

19 (3) For the Marine Corps, $9,237,823,000. 

20 (4) For the Air Force, $44,775,027,000. 

21 (5) For the Defense-wide activities, 

22 $35,935,546,000. 

23 (6) For the Army Reserve, $2,824,522,000. 

24 (7) For the Navy Reserve, $1,346,560,000. 

25 (8) For the Marine Corps Reserve, $315,592. 


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1 (9) For the Air Force Reserve, $3,205,153,000. 

2 (10) For the Army National Guard, 

3 $6,578,680,000. 

4 (11) For the Air National Guard, 

5 $6,175,623,000. 

6 (12) For the United States Court of Appeals 

7 for the Armed Forces, $13,932,000. 

8 (13) For Environmental Restoration, Army, 

9 $415,864,000. 

10 (14) For Environmental Restoration, Navy, 

11 $285,869,000. 

12 (15) For Environmental Restoration, Air Force, 

13 $494,276,000. 

14 (16) For Environmental Restoration, Defense15 wide, $11,100,000. 

16 (17) For Environmental Restoration, Formerly 

17 Used Defense Sites, $267,700,000. 

18 (18) For Overseas Humanitarian, Disaster, and 

19 Civic Aid programs, $109,869,000. 

20 (19) For Cooperative Threat Reduction pro21 grams, $404,093,000. 

22 (20) For the Overseas Contingency Operations 

23 Transfer Fund, $5,000,000. 

24 (21) For the Iraq Freedom Fund, 

25 $115,300,000. 


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1 (22) For the Department of Defense Acquisi2 tion Workforce Development Fund, $100,000,000. 

3 (23) For the Pakistan Counterinsurgency Capa4 bility Fund, $700,000,000. 

5 Subtitle B—Environmental 

6 Provisions 

7 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC8 TION AGENCY FOR CERTAIN COSTS IN CON9 NECTION WITH THE FORMER NANSEMOND 

10 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 

11 (a) AUTHORITY TO REIMBURSE.— 

12 (1) TRANSFER AMOUNT.—Using funds de13 scribed in subsection (b) and notwithstanding sec14 tion 2215 of title 10, United States Code, the Sec15 retary of Defense may transfer not more than 

16 $68,623 during fiscal year 2010 to the Former 

17 Nansemond Ordnance Depot Site Special Account, 

18 within the Hazardous Substance Superfund. 

19 (2) PURPOSE OF REIMBURSEMENT.—The pay20 ment under paragraph (1) is final payment to reim21 burse the Environmental Protection Agency for all 

22 costs incurred in overseeing a time critical removal 

23 action performed by the Department of Defense 

24 under the Defense Environmental Restoration Pro25 gram for ordnance and explosive safety hazards at 


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1 the Former Nansemond Ordnance Depot Site, Suf2 folk, Virginia. 

3 (3) INTERAGENCY AGREEMENT.—The reim4 bursement described in paragraph (2) is provided for 

5 in an interagency agreement entered into by the De6 partment of the Army and the Environmental Pro7 tection Agency for the Former Nansemond Ord8 nance Depot Site in December 1999. 

9 (b) SOURCE OF FUNDS.—Any payment under sub10 section (a) shall be made using funds authorized to be ap11 propriated by section 301(17) for operation and mainte12 nance for Environmental Restoration, Formerly Used De13 fense Sites. 

14 (c) USE OF FUNDS.—The Environmental Protection 

15 Agency shall use the amount transferred under subsection 

16 (a) to pay costs incurred by the Agency at the Former 

17 Nansemond Ordnance Depot Site. 

18 Subtitle C—Other Provisions 

19 SEC. 321. REFINED PETROLEUM PRODUCTS, MARGINAL EX20 PENSE TRANSFER ACCOUNT. 

21 (a) IN GENERAL.—Chapter 131 of title 10, United 

22 States Code, is amended by inserting after section 2228 

23 the following new section: 


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1 ‘‘§ 2228a. Refined Petroleum Products, Marginal Ex2 pense Transfer Account 

3 ‘‘(a) ACCOUNT.—There is established in the Treasury 

4 the Refined Petroleum Products, Marginal Expense 

5 Transfer Account (hereinafter in this section referred to 

6 as the ‘Transfer Account’). During any fiscal year, 

7 amounts in the Transfer Account shall be available with8 out further appropriation to pay the marginal costs needed 

9 to purchase up to the quantity of refined petroleum prod10 ucts specified in the fiscal year budget request for use by 

11 Department of Defense entities for such year. 

12 ‘‘(b) CALCULATION OF MARGINAL COSTS.—Marginal 

13 costs shall be calculated as the difference between the ac14 tual market prices paid by the Department of Defense for 

15 the refined petroleum products purchased in a fiscal year 

16 and the prices specified for the purchase of such products 

17 in the President’s budget for that year. 

18 ‘‘(c) TRANSFER OF FUNDS.—(1) During the course 

19 of any fiscal year, amounts sufficient to pay the marginal 

20 costs under subsection (a) shall be transferred from the 

21 Transfer Account to the Defense-Wide Working Capital 

22 Fund. 

23 ‘‘(2) To the extent that the price specified for the 

24 purchase of refined petroleum products in the President’s 

25 budget submission for a fiscal year exceed the actual mar26 ket prices paid by the Department for such products purVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 chased in that year, the difference in price shall be trans2 ferred from the Defense-Wide Working Capital Fund to 

3 the Transfer Fund and such amounts shall be cancelled. 

4 ‘‘(3) The transfer of such additional amount needed, 

5 amounts not needed through August, and an estimate for 

6 September should be transferred before the end of the fis7 cal year, with a final accounting and transfer within 60 

8 days after the end of the fiscal year. 

9 ‘‘(4) The transfer authority provided by this section 

10 is in addition to any other transfer authority available to 

11 the Department of Defense. 

12 ‘‘(d) APPROPRIATION.—There is appropriated to the 

13 Transfer Account such sums as may be necessary to carry 

14 out this section.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 2228 the following new 

18 item: 

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

19 TITLE IV—OTHER 

20 AUTHORIZATIONS 

21 Subtitle A—Military Programs 

22 SEC. 401. WORKING CAPITAL FUNDS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2010 for the use of the Armed Forces and other 

25 activities and agencies of the Department of Defense for 


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1 providing capital for the Defense Working Capital Funds 

2 in the amount of $1,851,919,000. 

3 SEC. 402. NATIONAL DEFENSE SEALIFT FUND. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2010 for the National Defense Sealift Fund 

6 in the amount of $1,642,758,000. 

7 SEC. 403. DEFENSE HEALTH PROGRAM. 

8 Funds are hereby authorized to be appropriated for 

9 the Department of Defense for fiscal year 2010 for ex10 penses, not otherwise provided for, for the Defense Health 

11 Program, in the amount of $29,058,398,000, of which— 

12 (1) $28,123,154,000 is for Operation and 

13 Maintenance; 

14 (2) $613,102,000 is for Research, Development, 

15 Test, and Evaluation; and 

16 (3) $322,142,000 is for Procurement. 

17 SEC. 404. CHEMICAL AGENTS AND MUNITIONS DESTRUC18 TION, DEFENSE. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized to be appropriated for the Depart21 ment of Defense for fiscal year 2010 for expenses, not oth22 erwise provided for, for Chemical Agents and Munitions 

23 Destruction, Defense, $1,560,760,000, of which— 

24 (1) $1,146,802,000 is for Operation and Main25 tenance; 


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1 (2) $401,269,000 is for Research, Development, 

2 Test, and Evaluation; and 

3 (3) $12,689,000 is for Procurement. 

4 (b) USE.—Amounts authorized to be appropriated 

5 under subsection (a) are authorized for— 

6 (1) the destruction of lethal chemical agents 

7 and munitions in accordance with section 1412 of 

8 the Department of Defense Authorization Act, 1986 

9 (50 U.S.C. 1521); and 

10 (2) the destruction of chemical warfare materiel 

11 of the United States that is not covered by section 

12 1412 of such Act. 

13 SEC. 405. DRUG INTERDICTION AND COUNTER-DRUG AC14 TIVITIES, DEFENSE-WIDE. 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2010 for ex17 penses, not otherwise provided for, for Drug Interdiction 

18 and Counter-Drug Activities, Defense-wide, 

19 $1,383,587,000. 

20 SEC. 406. DEFENSE INSPECTOR GENERAL. 

21 Funds are hereby authorized to be appropriated for 

22 the Department of Defense for fiscal year 2010 for ex23 penses, not otherwise provided for, for the Office of the 

24 Inspector General of the Department of Defense, 

25 $281,320,000, of which— 


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1 (1) $280,320,000 is for Operation and Mainte2 nance; and 

3 (2) $1,000,000 is for Procurement. 

4 SEC. 407. DEFENSE COALITION SUPPORT FUND. 

5 Funds are hereby authorized to be appropriated for 

6 the Defense Coalition Support Fund in the amount of 

7 $22,000,000. 

8 Subtitle B—Armed Forces 

9 Retirement Home 

10 SEC. 411. AUTHORIZATION OF APPROPRIATIONS FOR 

11 ARMED FORCES RETIREMENT HOME. 

12 There is hereby authorized to be appropriated for fis13 cal year 2010 from the Armed Forces Retirement Home 

14 Trust Fund the sum of $134,000,000 for the operation 

15 of the Armed Forces Retirement Home. 

16 Subtitle C—Military Personnel 

17 SEC. 421. MILITARY PERSONNEL. 

18 There is hereby authorized to be appropriated for 

19 military personnel for fiscal year 2010 a total of 

20 $138,851,283,000. The authorization in the preceding 

21 sentence supersedes any other authorization of appropria22 tions (definite or indefinite) for such purpose for fiscal 

23 year 2010. 


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1 TITLE V—MILITARY PERSONNEL 

2 POLICY 

3 Subtitle A—Personnel Strength 

4 Authorizations 

5 SEC. 501. END STRENGTHS FOR ACTIVE FORCES. 

6 The Armed Forces are authorized strengths for active 

7 duty personnel as of September 30, 2010, as follows: 

8 (1) The Army, 547,400. 

9 (2) The Navy, 328,800. 

10 (3) The Marine Corps, 202,100. 

11 (4) The Air Force, 331,700. 

12 SEC. 502. END STRENGTHS FOR SELECTED RESERVE. 

13 (a) IN GENERAL.—The Armed Forces are authorized 

14 strengths for Selected Reserve personnel of the Reserve 

15 components as of September 30, 2010, as follows: 

16 (1) The Army Reserve, 205,000. 

17 (2) The Navy Reserve, 65,500. 

18 (3) The Marine Corps Reserve, 39,600. 

19 (4) The Air Force Reserve, 69,500. 

20 (5) The Air National Guard of the United 

21 States, 106,700. 

22 (6) The Army National Guard of the United 

23 States, 358,200. 

24 (7) The Coast Guard Reserve, 10,000. 


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1 (b) END STRENGTH REDUCTIONS.—The end 

2 strengths prescribed by subsection (a) for the Selected Re3 serve of any Reserve component shall be proportionately 

4 reduced by— 

5 (1) the total authorized strength of units orga6 nized to serve as units of the Selected Reserve of 

7 such component which are on active duty (other 

8 than for training) at the end of the fiscal year; and 

9 (2) the total number of individual members not 

10 in units organized to serve as units of the Selected 

11 Reserve of such component who are on active duty 

12 (other than for training or for unsatisfactory partici13 pation in training) without their consent at the end 

14 of the fiscal year. 

15 (c) END STRENGTH INCREASES.—Whenever units or 

16 individual members of the Selected Reserve of any Reserve 

17 component are released from active duty during any fiscal 

18 year, the end strength prescribed for such fiscal year for 

19 the Selected Reserve of such Reserve component shall be 

20 increased proportionately by the total authorized strengths 

21 of such units and by the total number of such individual 

22 members. 


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1 SEC. 503. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 

4 411(a), the Reserve components of the Armed Forces are 

5 authorized, as of September 30, 2010, the following num6 ber of Reserves to be serving on full-time active duty or 

7 full-time duty, in the case of members of the National 

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components: 

10 (1) The Army Reserve, 16,261. 

11 (2) The Navy Reserve, 10,818. 

12 (3) The Marine Corps Reserve, 2,261. 

13 (4) The Air Force Reserve, 2,896. 

14 (5) The Army National Guard of the United 

15 States, 32,060. 

16 (6) The Air National Guard of the United 

17 States, 14,555. 

18 SEC. 504. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

21 status) as of the last day of fiscal year 2010 for the Re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 

25 (1) For the Army Reserve, 8,154. 


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1 (2) For the Army National Guard of the United 

2 States, 26,901. 

3 (3) For the Air Force Reserve, 10,417. 

4 (4) For the Air National Guard of the United 

5 States, 22,313. 

6 SEC. 505. FISCAL YEAR 2010 LIMITATION ON NUMBER OF 

7 NON-DUAL STATUS TECHNICIANS. 

8 (a) LIMITATIONS.— 

9 (1) NATIONAL GUARD.—Within the limitation 

10 provided in section 10217(c)(2) of title 10, United 

11 States Code, the number of non-dual status techni12 cians employed by the National Guard as of Sep13 tember 30, 2010, may not exceed the following: 

14 (A) For the Army National Guard of the 

15 United States, 2,500. 

16 (B) For the Air National Guard of the 

17 United States, 350. 

18 (2) ARMY RESERVE.—The number of non-dual 

19 status technicians employed by the Army Reserve as 

20 of September 30, 2010, may not exceed 836. 

21 (3) AIR FORCE RESERVE.—The number of non22 dual status technicians employed by the Air Force 

23 Reserve as of September 30, 2010, may not exceed 

24 90. 


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1 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

2 this section, the term ‘‘non-dual status technician’’ has the 

3 meaning given that term in section 10217(a) of title 10, 

4 United States Code. 

5 SEC. 506. MAXIMUM NUMBER OF RESERVE PERSONNEL AU6 THORIZED TO BE ON ACTIVE DUTY FOR 

7 OPERATIONAL SUPPORT. 

8 During fiscal year 2010, the maximum number of 

9 members of the Reserve components of the Armed Forces 

10 who may be serving at any time on full-time operational 

11 support duty under section 115(b) of title 10, United 

12 States Code, is the following: 

13 (1) The Army National Guard of the United 

14 States, 17,000. 

15 (2) The Army Reserve, 13,000. 

16 (3) The Navy Reserve, 6,200. 

17 (4) The Marine Corps Reserve, 3,000. 

18 (5) The Air National Guard of the United 

19 States, 16,000. 

20 (6) The Air Force Reserve, 14,000. 


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1 Subtitle B—Military Personnel 

2 Policy Generally 

3 SEC. 511. REVISIONS TO ANNUAL REPORT REQUIREMENT 

4 ON JOINT OFFICER MANAGEMENT. 

5 Section 667 of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1)(A), by striking ‘‘and their 

8 education and experience’’; 

9 (2) by striking paragraph (3); 

10 (3) by transferring subparagraph (B) of para11 graph (4) to the end of paragraph (1), redesignating 

12 that subparagraph as subparagraph (C), aligning 

13 that subparagraph with the margin of subparagraph 

14 (B) of paragraph (1), and capitalizing the first word 

15 of that subparagraph; 

16 (4) by striking the remainder of paragraph (4), 

17 as amended by paragraph (3) of this section; 

18 (5) by redesignating paragraph (5) as para19 graph (3); 

20 (6) by striking paragraph (6); 

21 (7) by redesignating paragraphs (7) through 

22 (11) as paragraphs (4) through (8), respectively; 

23 (8) by redesignating paragraph (12) as para24 graph (9) and in that paragraph striking ‘‘each time 

25 the’’ and all that follows and inserting ‘‘the principal 


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•S 1033 IS

1 courses of instruction for Joint Professional Military 

2 Education Level II, the number of officers grad3 uating from each of the following: 

4 ‘‘(A) The Joint Forces Staff College. 

5 ‘‘(B) The National Defense University. 

6 ‘‘(C) Senior Service Schools.’’; and 

7 (9) by redesignating paragraph (13) as para8 graph (10). 

9 SEC. 512. CLARIFICATION OF PERFORMANCE POLICIES 

10 FOR MILITARY MUSICAL UNITS AND MUSI11 CIANS. 

12 (a) CLARIFICATION.—Section 974 of title 10, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 974. Military musical units and musicians: per15 formance policies; restriction on perform16 ance in competition with local civilian 

17 musicians 

18 ‘‘(a) MILITARY MUSICIANS PERFORMING IN AN OF19 FICIAL CAPACITY.— 

20 ‘‘(1) RESTRICTION ON PERFORMANCES IN COM21 PETITION WITH LOCAL CIVILIAN MUSICIANS.—A 

22 military musical unit, and a member of the armed 

23 forces who is a member of such a unit performing 

24 in an official capacity, may not engage in the perVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 formance of music in competition with local civilian 

2 musicians. 

3 ‘‘(2) PERFORMANCES IN COMPETITION WITH

4 LOCAL CIVILIAN MUSICIANS.—For purposes of para5 graph (1), the following shall, except as provided in 

6 paragraph (3), be included among the performances 

7 that are considered to be a performance of music in 

8 competition with local civilian musicians: 

9 ‘‘(A) A performance that is more than inci10 dental to an event that (i) is not supported, in 

11 whole or in part, by United States Government 

12 funds, and (ii) is not free to the public. 

13 ‘‘(B) A performance of background, din14 ner, dance, or other social music at an event 

15 that (i) is not supported, in whole or in part, 

16 by United States Government funds, and (ii) is 

17 held at a location not on a military installation. 

18 ‘‘(3) PERFORMANCES NOT IN COMPETITION

19 WITH LOCAL CIVILIAN MUSICIANS.—For purposes of 

20 paragraph (1), the following shall not be considered 

21 to be a performance of music in competition with 

22 local civilian musicians: 

23 ‘‘(A) A performance (including back24 ground, dinner, dance, or other social music) at 

25 an official United States Government event that 


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•S 1033 IS

1 is supported, in whole or in part, by United 

2 States Government funds. 

3 ‘‘(B) A performance at a concert, parade, 

4 or other event, that is a patriotic event or a 

5 celebration of a national holiday and is free to 

6 the public. 

7 ‘‘(C) A performance that is incidental to 

8 an event that (i) is not supported, in whole or 

9 in part, by United States Government funds, or 

10 (ii) is not free to the public. 

11 ‘‘(D) A performance (including back12 ground, dinner, dance, or other social music) 

13 at— 

14 ‘‘(i) an event that is sponsored by or 

15 for a military welfare society, as defined in 

16 section 2566 of this title; 

17 ‘‘(ii) an event that is a traditional 

18 military event intended to foster the mo19 rale and welfare of members of the armed 

20 forces and their families; or 

21 ‘‘(iii) an event that is specifically for 

22 the benefit or recognition of members of 

23 the armed forces, their family members, 

24 veterans, civilian employees of the Depart25 ment of Defense, or former civilian employVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 ees of the Department of Defense, to the 

2 extent provided in regulations prescribed 

3 by the Secretary of Defense. 

4 ‘‘(E) A performance (including back5 ground, dinner, dance, or other social music)— 

6 ‘‘(i) to uphold the standing and pres7 tige of the United States with dignitaries 

8 and distinguished or prominent persons or 

9 groups of the United States or another na10 tion; or 

11 ‘‘(ii) in support of fostering and sus12 taining a cooperative relationship with an13 other nation. 

14 ‘‘(b) PROHIBITION OF MILITARY MUSICIANS AC15 CEPTING ADDITIONAL REMUNERATION FOR OFFICIAL

16 PERFORMANCES.—A military musical unit, and a member 

17 of the armed forces who is a member of such a unit per18 forming in an official capacity, may not receive remunera19 tion for an official performance, other than applicable mili20 tary pay and allowances. 

21 ‘‘(c) RECORDINGS.— 

22 ‘‘(1) AUTHORITY.—When authorized under reg23 ulations prescribed by the Secretary of Defense for 

24 purposes of this section, a military musical unit may 

25 produce recordings for distribution to the public, at 


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1 a cost not to exceed expenses of production and dis2 tribution. 

3 ‘‘(2) CREDITING OF FUNDS.—Amounts received 

4 in payment for a recording distributed to the public 

5 under this subsection shall be credited to the appro6 priation or account providing the funds for the pro7 duction of the recording. Any amount so credited 

8 shall be merged with amounts in the appropriation 

9 or account to which credited, and shall be available 

10 for the same purposes, and subject to the same con11 ditions and limitations, as amounts in such appro12 priation or account. 

13 ‘‘(d) PERFORMANCES AT FOREIGN LOCATIONS.— 

14 Subsection (a) does not apply to a performance outside 

15 the United States, its commonwealths, or its possessions. 

16 ‘‘(e) MILITARY MUSICAL UNIT DEFINED.—In this 

17 section, the term ‘military musical unit’ means a band, 

18 ensemble, chorus, or similar musical unit of the armed 

19 forces.’’. 

20 (b) CLERICAL AMENDMENT.—The item relating to 

21 such section in the table of sections at the beginning of 

22 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.’’. 


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1 SEC. 513. ENFORCEMENT OF SERVICEMEMBERS CIVIL RE2 LIEF ACT BY THE ATTORNEY GENERAL AND 

3 BY PRIVATE CAUSE OF ACTION. 

4 (a) GENERAL CIVIL LIABILITY AND ENFORCE5 MENT.—The Servicemembers Civil Relief Act (50 U.S.C. 

6 App. 501 et seq.) is amended by adding at the end the 

7 following new title: 

8 ‘‘TITLE VIII—CIVIL LIABILITY 

9 FOR NONCOMPLIANCE 

10 ‘‘SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL. 

11 ‘‘(a) ENFORCEMENT BY THE ATTORNEY GEN12 ERAL.—The Attorney General may commence a civil ac13 tion in any appropriate United States District Court 

14 whenever the Attorney General has reasonable cause to 

15 believe— 

16 ‘‘(1) that any person or group of persons is en17 gaging in, or has engaged in, a pattern or practice 

18 of conduct in violation of any provision of this Act; 

19 or 

20 ‘‘(2) that any person or group of persons is de21 nying, or has denied, any person or group of persons 

22 any protection afforded by any provision of this Act 

23 and that such denial raises an issue of general pub24 lic importance. 

25 ‘‘(b) RELIEF THAT MAY BE GRANTED IN CIVIL AC26 TIONS.—In a civil action under subsection (a), the court— 


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•S 1033 IS

1 ‘‘(1) may enter any temporary restraining 

2 order, temporary or permanent injunction, or other 

3 order as may be appropriate; 

4 ‘‘(2) may award monetary damages to a service5 member, dependent, or other person protected by 

6 any provision of this Act who is harmed by the fail7 ure to comply with any provision of this Act, includ8 ing consequential and punitive damages; and 

9 ‘‘(3) may, to vindicate the public interest, as10 sess a civil penalty against each defendant— 

11 ‘‘(A) in an amount not exceeding $55,000 

12 for a first violation; and 

13 ‘‘(B) in an amount not exceeding $110,000 

14 for any subsequent violation. 

15 ‘‘(c) INTERVENTION IN CIVIL ACTIONS.—Upon time16 ly application, a servicemember, dependent, or other per17 son protected by any provision of this Act may intervene 

18 in a civil action commenced by the Attorney General that 

19 involves an alleged violation of any provision of this Act 

20 or a denial of any protection afforded by any provision 

21 of this Act with respect to which such person claims to 

22 be harmed. The court may grant to any such intervening 

23 party appropriate relief as is authorized under subsection 

24 (b)(1) or (b)(2). The court may also, in its discretion, 


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•S 1033 IS

1 grant a prevailing intervening party reasonable attorneys’ 

2 fees and costs. 

3 ‘‘SEC. 802. PRIVATE CAUSES OF ACTION. 

4 ‘‘A servicemember, dependent, or other person pro5 tected by any provision of this Act may commence an ac6 tion in any appropriate United States District Court or 

7 in a State court of competent jurisdiction to enforce any 

8 requirement imposed or protection afforded by any provi9 sion of this Act. The court may grant to any such service10 member, dependent, or person such appropriate relief as 

11 is authorized under section 801 (b)(1) or (b)(2). The court 

12 may also, in its discretion, grant a prevailing party reason13 able attorneys’ fees and costs. 

14 ‘‘SEC. 803. PRESERVATION OF OTHER REMEDIES. 

15 ‘‘The remedies provided under sections 801 and 802 

16 are in addition to and do not preclude any other causes 

17 of action available under Federal or State law or any other 

18 remedies otherwise available under Federal or State law, 

19 including any award for consequential and punitive dam20 ages.’’. 

21 (b) APPLICABILITY.—Title VIII of the 

22 Servicemembers Civil Relief Act, as added by subsection 

23 (a), shall apply to any cause of action, claim, or action 

24 to enforce the Servicemembers Civil Relief Act, or to seek 

25 damages or other relief under any provision of that Act, 


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•S 1033 IS

1 in progress on the date of the enactment of this Act or 

2 that may be brought after such date. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) Section 207 of the Servicemembers Civil 

5 Relief Act (50 U.S.C. App. 527) is amended by 

6 striking subsection (f). 

7 (2) Sections 301(c), 302(b), 303(d), 305(h), 

8 306(e), and 307(c) of such Act (50 U.S.C. App. 

9 531(c), 532(b), 533(d), 535(h), 536(e), and 537(c)) 

10 are amended— 

11 (A) by striking ‘‘PENALTIES’’ and all that 

12 follows through ‘‘(1)’’; and 

13 (B) by striking paragraph (2). 

14 (d) TECHNICAL CORRECTIONS.—Such Act is further 

15 amended— 

16 (1) in section 202(d)(1) (50 U.S.C. App. 

17 522(d)(1)), by striking ‘‘affect’’ in the first sentence 

18 and inserting ‘‘effect’’; and 

19 (2) in sections 204(a), 306(c), and 701(c) (50 

20 U.S.C. App. 524(a), 536(c), and 591(c)), by striking 

21 ‘‘AFFECT’’ in the subsection heading and inserting 

22 ‘‘EFFECT’’. 

23 (e) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of such Act is amended by adding at the 

25 end the following: 

‘‘TITLE VIII—CIVIL LIABILITY FOR NONCOMPLIANCE 


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•S 1033 IS

‘‘Sec. 801. Enforcement by the Attorney General. 

‘‘Sec. 802. Private causes of action. 

‘‘Sec. 803. Preservation of other remedies.’’. 

1 TITLE VI—COMPENSATION AND 

2 OTHER PERSONNEL BENEFITS 

3 Subtitle A—Pay and Allowances 

4 SEC. 601. EXTENSION OF AUTHORITY FOR INCOME RE5 PLACEMENT PAYMENTS FOR RESERVE COM6 PONENT MEMBERS EXPERIENCING EX7 TENDED AND FREQUENT MOBILIZATION FOR 

8 ACTIVE DUTY SERVICE. 

9 Section 910(g) of title 37, United States Code, is 

10 amended by striking ‘‘December 31, 2009’’ and inserting 

11 ‘‘December 31, 2010’’. 

12 Subtitle B—Extension of Certain 

13 Bonuses and Special and Incen14 tive Pays 

15 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

16 SPECIAL PAY AUTHORITIES FOR RESERVE 

17 FORCES. 

18 The following sections of chapter 5 of title 37, United 

19 States Code, are amended by striking ‘‘December 31, 

20 2009’’ and inserting ‘‘December 31, 2010’’: 

21 (1) Section 308b(g), relating to Selected Re22 serve reenlistment bonus. 

23 (2) Section 308c(i), relating to Selected Reserve 

24 affiliation or enlistment bonus. 


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•S 1033 IS

1 (3) Section 308d(c), relating to special pay for 

2 enlisted members assigned to certain high-priority 

3 units. 

4 (4) Section 308g(f)(2), relating to Ready Re5 serve enlistment bonus for persons without prior 

6 service. 

7 (5) Section 308h(e), relating to Ready Reserve 

8 enlistment and reenlistment bonus for persons with 

9 prior service. 

10 (6) Section 308i(f), relating to Selected Reserve 

11 enlistment and reenlistment bonus for persons with 

12 prior service. 

13 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

14 SPECIAL PAY AUTHORITIES FOR HEALTH 

15 CARE PROFESSIONALS. 

16 (a) TITLE 10 AUTHORITIES.—The following sections 

17 of title 10, United States Code, are amended by striking 

18 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

19 2010’’: 

20 (1) Section 2130a(a)(1), relating to nurse offi21 cer candidate accession program. 

22 (2) Section 16302(d), relating to repayment of 

23 education loans for certain health professionals who 

24 serve in the Selected Reserve. 


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1 (b) TITLE 37 AUTHORITIES.—The following sections 

2 of chapter 5 of title 37, United States Code, are amended 

3 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem4 ber 31, 2010’’: 

5 (1) Section 302c–1(f), relating to accession and 

6 retention bonuses for psychologists. 

7 (2) Section 302d(a)(1), relating to accession 

8 bonus for registered nurses. 

9 (3) Section 302e(a)(1), relating to incentive 

10 special pay for nurse anesthetists. 

11 (4) Section 302g(e), relating to special pay for 

12 Selected Reserve health professionals in critically 

13 short wartime specialties. 

14 (5) Section 302h(a)(1), relating to accession 

15 bonus for dental officers. 

16 (6) Section 302j(a), relating to accession bonus 

17 for pharmacy officers. 

18 (7) Section 302k(f), relating to accession bonus 

19 for medical officers in critically short wartime spe20 cialties. 

21 (8) Section 302l(g), relating to accession bonus 

22 for dental specialist officers in critically short war23 time specialties. 


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•S 1033 IS

1 (9) Section 335(k), relating to special bonus 

2 and incentive pay authorities for officers in health 

3 professions. 

4 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

5 BONUS AUTHORITIES FOR NUCLEAR OFFI6 CERS. 

7 The following sections of chapter 5 of title 37, United 

8 States Code, are amended by striking ‘‘December 31, 

9 2009’’ and inserting ‘‘December 31, 2010’’: 

10 (1) Section 312(f), relating to special pay for 

11 nuclear-qualified officers extending period of active 

12 service. 

13 (2) Section 312b(c), relating to nuclear career 

14 accession bonus. 

15 (3) Section 312c(d), relating to nuclear career 

16 annual incentive bonus. 

17 (4) Section 333(i), relating to special bonus and 

18 incentive pay authorities for nuclear officers. 

19 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT20 ING TO PAYMENT OF OTHER TITLE 37 BO21 NUSES AND SPECIAL PAY. 

22 The following sections of chapter 5 of title 37, United 

23 States Code, are amended by striking ‘‘December 31, 

24 2009’’ and inserting ‘‘December 31, 2010’’: 


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•S 1033 IS

1 (1) Section 301b(a), relating to aviation officer 

2 retention bonus. 

3 (2) Section 307a(g), relating to assignment in4 centive pay. 

5 (3) Section 308(g), relating to reenlistment 

6 bonus for active members. 

7 (4) Section 309(e), relating to enlistment 

8 bonus. 

9 (5) Section 324(g), relating to accession bonus 

10 for new officers in critical skills. 

11 (6) Section 326(g), relating to incentive bonus 

12 for conversion to military occupational specialty to 

13 ease personnel shortage. 

14 (7) Section 327(h), relating to incentive bonus 

15 for transfer between Armed Forces. 

16 (8) Section 330(f), relating to accession bonus 

17 for officer candidates. 

18 (9) Section 331(h), relating to general bonus 

19 authority for enlisted members. 

20 (10) Section 332(g), relating to general bonus 

21 authority for officers. 

22 (11) Section 334(i), relating to special aviation 

23 incentive pay and bonus authorities for officers. 

24 (12) Section 351(i), relating to hazardous duty 

25 pay. 


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•S 1033 IS

1 (13) Section 352(g), relating to assignment pay 

2 or special duty pay. 

3 (14) Section 353(j), relating to skill incentive 

4 pay or proficiency bonus. 

5 (15) Section 355(i), relating to retention incen6 tives for members qualified in critical military skills 

7 or assigned to high priority units. 

8 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT9 ING TO PAYMENT OF REFERRAL BONUSES. 

10 The following sections of title 10, United States 

11 Code, are amended by striking ‘‘December 31, 2009’’ and 

12 inserting ‘‘December 31, 2010’’: 

13 (1) Section 1030(i), relating to health profes14 sions referral bonus. 

15 (2) Section 3252(h), relating to Army referral 

16 bonus. 

17 Subtitle C—Retired Pay and 

18 Survivor Benefits 

19 SEC. 621. EXPANSION OF ELIGIBILITY FOR CONCURRENT 

20 RECEIPT OF RETIRED PAY AND DISABILITY 

21 COMPENSATION. 

22 (a) PHASED EXPANSION.—Subsection (a) of section 

23 1414 of title 10, United States Code, is amended to read 

24 as follows: 


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•S 1033 IS

1 ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM2 PENSATION.— 

3 ‘‘(1) IN GENERAL.—Subject to subsection (b), a 

4 member or former member of the uniformed services 

5 who is entitled for any month to retired pay and who 

6 is also entitled for that month to veterans’ disability 

7 compensation for a qualifying service-connected dis8 ability (hereinafter in this section referred to as a 

9 ‘qualified retiree’) is entitled to be paid both for that 

10 month without regard to sections 5304 and 5305 of 

11 title 38. 

12 ‘‘(A) During the period beginning on Janu13 ary 1, 2004, and ending on December 31, 2013, 

14 payment of retired pay to such a qualified re15 tiree is subject to subsection (c), except that 

16 payment of retired pay is subject to subsection 

17 (c) only during the period beginning on Janu18 ary 1, 2004, and ending on December 31, 2004, 

19 in the case of the following: 

20 ‘‘(i) A qualified retiree receiving vet21 erans’ disability compensation for a dis22 ability rated as 100 percent. 

23 ‘‘(ii) A qualified retiree receiving vet24 erans’ disability compensation at the rate 

25 payable for a 100 percent disability by reaVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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•S 1033 IS

1 son of a determination of individual 

2 unemployability. 

3 ‘‘(B) Notwithstanding the provisions of 

4 subsection (c), on or after January 1, 2010, a 

5 qualified retiree described in subparagraph 

6 (2)(B) or (2)(C) is entitled to payment of both 

7 retired pay and compensation under this sub8 section, subject to subsection (b). 

9 ‘‘(2) QUALIFYING SERVICE-CONNECTED DIS10 ABILITY.—In this section, the term ‘qualifying serv11 ice-connected disability’ means— 

12 ‘‘(A) in the case of a member or former 

13 member receiving retired pay under any provi14 sion of law other than chapter 61 of this title 

15 or under chapter 61 with 20 years or more of 

16 service otherwise creditable under section 1405 

17 or computed under section 12732 of this title, 

18 a service-connected disability or combination of 

19 service-connected disabilities that is rated as 

20 not less than 50 percent disabling by the Sec21 retary of Veterans Affairs; 

22 ‘‘(B) in the case of a member or former 

23 member receiving retired pay under chapter 61 

24 of this title with less than 20 years of service 

25 otherwise creditable under section 1405 or comVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 puted under section 12732 of this title, a serv2 ice-connected disability or combination of serv3 ice-connected disabilities that is rated at the 

4 disabling level specified by the Secretary of Vet5 erans Affairs and is effective on or after the fol6 lowing dates: 

7 ‘‘(i) January 1, 2010, rated 100 per8 cent, or a rate payable at 100 percent by 

9 reason of individual unemployability or 

10 rated 90 percent; 

11 ‘‘(ii) January 1, 2011, rated 80 per12 cent or 70 percent; and 

13 ‘‘(iii) January 1, 2012, rated 60 per14 cent or 50 percent; and 

15 ‘‘(C) in the case of a member or former 

16 member receiving retired pay under chapter 61 

17 regardless of years of service, a service-con18 nected disability or combination of service-con19 nected disabilities that is rated at the disabling 

20 level specified by the Secretary of Veterans Af21 fairs and is effective on or after the following 

22 dates: 

23 ‘‘(i) January 1, 2013, rated 40 per24 cent or 30 percent; and 

25 ‘‘(ii) January 1, 2014, any rating.’’. 


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•S 1033 IS

1 (b) CONFORMING SPECIAL RULE MODIFICATION.— 

2 Subsection (b) of such section is amended to read as fol3 lows: 

4 ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DISABILITY

5 RETIREES.— 

6 ‘‘(1) GENERAL RULE.—The retired pay of a 

7 member retired under chapter 61 of this title is sub8 ject to reduction under sections 5304 and 5305 of 

9 title 38, but only to the extent that the amount of 

10 the member’s retired pay under chapter 61 of this 

11 title exceeds the amount of retired pay to which the 

12 member would have been entitled under any other 

13 provision of law based upon the member’s service in 

14 the uniformed services if the member had not been 

15 retired under chapter 61 of this title. 

16 ‘‘(2) SPECIAL RULE FOR RETIREES WITH

17 FEWER THAN 20 YEARS OF SERVICE.—The retired 

18 pay of a member retired under chapter 61 of this 

19 title with fewer than 20 years of creditable service 

20 otherwise creditable under section 1405 or computed 

21 under section 12732 of this title, is subject to reduc22 tion under sections 5304 and 5305 of title 38, but 

23 only to the extent that the amount of the member’s 

24 retired pay under chapter 61 of this title exceeds the 

amount equal to 21 25 ⁄2 percent of the member’s years 


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•S 1033 IS

1 of creditable service multiplied by the member’s re2 tired pay base under section 1406(b)(1) or 1407 of 

3 this title, whichever is applicable to the member.’’. 

4 (c) CONFORMING AMENDMENT.—Subsection (c) of 

5 such section is amended by striking ‘‘the second sentence’’ 

6 and inserting ‘‘subparagraph (A)’’. 

7 (d) CLERICAL AMENDMENTS.— 

8 (1) SECTION HEADING.—The heading of such 

9 section is amended to read as follows: 

10 ‘‘§ 1414. Concurrent payment of retired pay and vet11 erans’ disability compensation’’. 

12 (2) TABLE OF SECTIONS.—The table of sections 

13 at the beginning of chapter 71 of such title is 

14 amended by striking the item related to section 1414 

15 and inserting the following new item: 

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

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on January 1, 2010. 


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1 TITLE VII—WOUNDED WARRIOR 

2 PROVISIONS 

3 SEC. 701. PROVISION OF SPECIAL MONTHLY COMPENSA4 TION ALLOWANCE TO CATASTROPHICALLY 

5 INJURED SERVICE MEMBERS RECOVERING 

6 FROM COMBAT OR COMBAT-RELATED CATA7 STROPHIC INJURIES. 

8 (a) IN GENERAL.—Chapter 7 of title 37, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 439. Special monthly compensation for members of 

12 the uniformed services with combat or 

13 combat-related catastrophic injuries 

14 ‘‘(a) COMPENSATION AUTHORIZED.—(1) Under reg15 ulations prescribed by the Secretary of Defense, the Sec16 retary concerned may pay to any member of the uniformed 

17 services described in paragraph (2) a special monthly com18 pensation in an amount determined under paragraph (3). 

19 ‘‘(2) A member eligible for the compensation author20 ized by paragraph (1) is a member— 

21 ‘‘(A) who has a combat-related catastrophic in22 jury or illness and for whom a licensed physician has 

23 certified that the member is in need of assistance 

24 from another person to perform the personal func25 tions required in everyday living; and 


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•S 1033 IS

1 ‘‘(B) who has elected to participate in the expe2 dited disability evaluation process. 

3 ‘‘(3) The Secretary of Defense may establish addi4 tional eligibility criteria in the regulations required by 

5 paragraph (1). 

6 ‘‘(4) The amount of the special monthly compensa7 tion authorized by paragraph (1) shall be determined 

8 under criteria prescribed by the Secretary of Defense, but 

9 may not exceed the amount of the aid and attendance al10 lowance authorized by section 1114(r) of title 38 for vet11 erans in need of regular aid and attendance. In deter12 mining the amount of the compensation, the Secretary 

13 concerned shall consider the extent to which home health 

14 care and related services are being provided by the Gov15 ernment and the extent to which aid and attendance serv16 ices are being provided by family and friends who may 

17 be compensated with funds provided through the special 

18 monthly compensation authorized by this section. 

19 ‘‘(5) The duration of the special monthly compensa20 tion authorized by paragraph (1) shall be 120 days from 

21 the date of the member’s election to participate in the ex22 pedited disability evaluation process or until the member 

23 is medically retired from service, so long as the member 

24 otherwise remains eligible. 

25 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘catastrophic injury or illness’ 

2 means a permanent, severely disabling injury, dis3 order, or disease that compromises the ability to 

4 carry out the activities of daily living to such a de5 gree that the member requires personal or mechan6 ical assistance to leave home or bed, or requires con7 stant supervision to avoid physical harm to self or 

8 others. 

9 ‘‘(2) The term ‘combat-related’ means having 

10 the attributes described in section 1413a of title 

11 10.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by adding 

14 at the end the following new item: 

‘‘439. Special monthly compensation for members of the uniformed services with 

combat or combat-related catastrophic injuries.’’. 

15 TITLE VIII—ACQUISITION POL16 ICY, ACQUISITION MANAGE17 MENT, AND RELATED MAT18 TERS 

19 SEC. 801. PERMANENT AUTHORITY FOR USE OF SIM20 PLIFIED ACQUISITION PROCEDURES FOR 

21 CERTAIN COMMERCIAL ITEMS. 

22 Section 4202 of the Clinger-Cohen Act of 1996 (divi23 sion D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 

24 2304 note) is amended by striking subsection (e). 


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1 SEC. 802. CLARIFICATION OF UNIFORM SUSPENSION AND 

2 DEBARMENT REQUIREMENT. 

3 Section 2455(a) of the Federal Acquisition Stream4 lining Act of 1994 (31 U.S.C. 6101 note) is amended by 

5 inserting ‘‘at any level, including subcontracts at any 

6 tier,’’ in the second sentence after ‘‘any procurement or 

7 nonprocurement activity’’. 

8 SEC. 803. EXTENSION AND PERMANENT AUTHORITY FOR 

9 SMALL BUSINESS INNOVATION RESEARCH 

10 COMMERCIALIZATION PROGRAM. 

11 (a) EXTENSION TO SMALL BUSINESS TECHNOLOGY

12 TRANSFER PROGRAM.—Section 9(y) of the Small Busi13 ness Act (15 U.S.C. 638(y)) is amended by inserting ‘‘and 

14 Small Business Technology Transfer Program’’ in para15 graphs (1), (2), and (4) after ‘‘Small Business Innovation 

16 Research Program’’. 

17 (b) PERMANENT AUTHORITY.—Such section is fur18 ther amended— 

19 (1) by striking ‘‘Pilot’’ each place it appears 

20 (including in the heading for subsection (y)); and 

21 (2) by striking paragraph (6). 

22 SEC. 804. AUTHORITY FOR GOVERNMENT SUPPORT CON23 TRACTORS TO HAVE ACCESS TO TECHNICAL 

24 DATA BELONGING TO PRIME CONTRACTORS. 

25 (a) AUTHORITY.— 


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1 (1) ACCESS TO TECHNICAL DATA.—Subsection 

2 (c) of section 2320 of title 10, United States Code, 

3 is amended— 

4 (A) by striking ‘‘or’’ at the end of para5 graph (1); 

6 (B) by redesignating paragraph (2) as 

7 paragraph (3); and 

8 (C) by inserting after paragraph (1) the 

9 following new paragraph (2): 

10 ‘‘(2) notwithstanding any limitation upon the li11 cense rights conveyed under subsection (a), allowing 

12 a Government support contractor access to and use 

13 of any technical data delivered under a contract cov14 ered by this chapter if the Government support con15 tractor accessing or using that technical data exe16 cutes a contract with the Government agreeing to 

17 and acknowledging— 

18 ‘‘(A) that proprietary or nonpublic tech19 nical data furnished will be accessed and used 

20 only for the purposes stated in that contract; 

21 ‘‘(B) that a breach of that contract by a 

22 Government support contractor with regard to 

23 a third party’s ownership or rights in such tech24 nical data may subject that Government sup25 port contractor— 


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•S 1033 IS

1 ‘‘(i) to criminal, civil, administrative, 

2 and contractual actions in law and equity 

3 for penalties, damages, and other appro4 priate remedies by the United States; and 

5 ‘‘(ii) to civil actions for damages and 

6 other appropriate remedies by the con7 tractor or subcontractor whose technical 

8 data is affected by the breach; 

9 ‘‘(C) that such technical data provided to 

10 a Government support contractor under the au11 thority of this section shall not be used by that 

12 Government support contractor to compete 

13 against the third party for Government or non14 Government contracts; and 

15 ‘‘(D) that any breach of these nondisclo16 sure obligations may constitute a violation of 

17 section 1905 of title 18; or’’. 

18 (2) DEFINITION.—Such section is further 

19 amended by adding at the end the following new 

20 subsection: 

21 ‘‘(f) GOVERNMENT SUPPORT CONTRACTOR DE22 FINED.—In this section, the term ‘Government support 

23 contractor’ means a contractor (and any of its subcontrac24 tors) whose primary purpose is to furnish independent and 

25 impartial advice or technical assistance directly to the 


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1 Government in support of the Government’s management 

2 and oversight of a program or effort, rather than to di3 rectly furnish an end item or a service to accomplish a 

4 program or effort.’’. 

5 (b) CRIMINAL PENALTY.—Section 1905 of title 18, 

6 United States Code, is amended by inserting ‘‘or being 

7 an officer, agent or employee of a private sector organiza8 tion having a contractual nondisclosure agreement under 

9 the authority of section 2320(c)(2) of title 10,’’ after 

10 ‘‘Antitrust Civil Process Act (15 U.S.C. 1311–1314),’’. 

11 SEC. 805. REPORTS TO CONGRESS ON FULL DEPLOYMENT 

12 DECISIONS FOR MAJOR AUTOMATED INFOR13 MATION SYSTEM PROGRAMS. 

14 (a) IMPLEMENTATION SCHEDULE.—Section 

15 2445b(b)(2) of title 10, United States Code, is amended 

16 by striking ‘‘, initial operational capability, and full oper17 ational capability’’ and inserting ‘‘and full deployment de18 cision’’. 

19 (b) CRITICAL CHANGES IN PROGRAM.—Section 

20 2445c(d)(2)(A) of such title is amended by striking ‘‘ini21 tial operational capability’’ and inserting ‘‘a full deploy22 ment decision’’. 


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1 SEC. 806. REPEAL OF REQUIREMENTS FOR REPORTING ON 

2 CERTAIN INFORMATION TECHNOLOGY IN3 VESTMENT PROGRAMS. 

4 (a) DEFINITION OF ‘‘OTHER MAJOR INFORMATION

5 TECHNOLOGY INVESTMENT PROGRAM’’.—Section 2445a 

6 of title 10, United States Code, is amended by striking 

7 subsection (d). 

8 (b) COST, SCHEDULE, AND PERFORMANCE INFORMA9 TION.—Section 2445b of such title is amended— 

10 (1) in subsection (a), by striking ‘‘and each 

11 other major information technology investment pro12 gram;’’ and 

13 (2) by striking subsection (d). 

14 (c) REPORTS.—Section 2445c(a) of such title is 

15 amended— 

16 (1) by striking ‘‘or other major information 

17 technology investment program’’ each place it ap18 pears; 

19 (2) in subsections (a), (d)(2)(A), (f)(1), and 

20 (f)(2), by striking ‘‘or information technology invest21 ment’’; 

22 (3) in subsection (d)(2)— 

23 (A) in subparagraph (B), by striking ‘‘or 

24 section 2445b(d)’’; 


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1 (B) in subparagraph (C), by striking ‘‘or 

2 section 2445b(d) of this title, as applicable’’; 

3 and 

4 (C) in subparagraph (D), by striking ‘‘or 

5 major information technology investment’’ and 

6 ‘‘or section 2445b(d) of this title, as applica7 ble’’; and 

8 (4) in subsection (f)(3), by striking ‘‘or infor9 mation technology investment, as applicable,’’. 

10 SEC. 807. MODIFICATION OF DEADLINE FOR SUBMISSION 

11 OF ANNUAL REPORT TO CONGRESS UNDER 

12 SECTION 2466 OF TITLE 10, UNITED STATES 

13 CODE. 

14 Section 2466(d)(1) of title 10, United States Code, 

15 is amended by striking ‘‘April 1 of’’ and inserting ‘‘90 

16 days after the date on which the President’s Budget for 

17 the next fiscal year is submitted to Congress’’. 

18 SEC. 808. REVISION TO DEFINITIONS OF MAJOR DEFENSE 

19 ACQUISITION PROGRAM AND MAJOR AUTO20 MATED INFORMATION SYSTEM FOR PUR21 POSES OF CERTAIN COSTS, SCHEDULE, AND 

22 PERFORMANCE REPORTS. 

23 (a) MAJOR DEFENSE ACQUISITION PROGRAM.—Sec24 tion 2430 of title 10, United States Code, is amended by 

25 adding at the end the following new subsection: 


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1 ‘‘(c) In the case of a Department of Defense acquisi2 tion program that, by reason of paragraph (2) of section 

3 2445a(a) of this title, is a major automated information 

4 system program under chapter 144A of this title and that, 

5 by reason of paragraph (2) of subsection (a), is a major 

6 defense acquisition program under this chapter, the Sec7 retary of Defense may designate that program to be treat8 ed only as a major automated information system program 

9 or to be treated only as a major defense acquisition pro10 gram.’’. 

11 (b) MAJOR AUTOMATED INFORMATION SYSTEM.— 

12 Section 2445a(a) of such title is amended by inserting 

13 ‘‘that is not a highly sensitive classified program (as deter14 mined by the Secretary of Defense)’’ after ‘‘(either as a 

15 product or service)’’. 

16 SEC. 809. EXCEPTION FOR EMERGENCY OPERATIONS. 

17 (a) EXCEPTION FOR PROCUREMENTS IN SUPPORT OF

18 EMERGENCY OPERATIONS.—Paragraph (1) of subsection 

19 (d) of section 2533a of title 10, United States Code, is 

20 amended to read as follows: 

21 ‘‘(1) Procurements in support of emergency op22 erations.’’. 

23 (b) DEFINITION OF EMERGENCY OPERATIONS.— 

24 Subsection (j) of such section is amended— 


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1 (1) by striking ‘‘GEOGRAPHIC COVERAGE.—’’ 

2 and inserting ‘‘DEFINITIONS.—(1)’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(2) In this section, the term ‘emergency oper6 ations’ means any of the following: 

7 ‘‘(A) Contingency operations. 

8 ‘‘(B) Operations in defense against or re9 covery from nuclear, biological, chemical, or ra10 diological attack against the United States. 

11 ‘‘(C) Operations in response to an incident 

12 of national significance, emergency declaration, 

13 national emergency, or major disaster declared 

14 by the President. 

15 ‘‘(D) Combat operations.’’. 

16 SEC. 810. CONTRACT AUTHORITY FOR ADVANCED DEVEL17 OPMENT OF INITIAL OR ADDITIONAL PROTO18 TYPE UNITS. 

19 (a) IN GENERAL.—Chapter 137 of title 10, United 

20 States Code, is amended by inserting after section 2302d 

21 the following new section: 


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1 ‘‘§ 2302e. Contract authority for advanced develop2 ment of initial or additional prototype 

3 units 

4 ‘‘(a) AUTHORITY.—A contract initially awarded from 

5 the competitive selection of a proposal resulting from a 

6 general solicitation as defined in section 2302(2)(B) may 

7 contain a contract line item or an option for— 

8 ‘‘(1) the delivery of initial or additional proto9 type items if the item or a prototype thereof is cre10 ated as the result of work performed under the ini11 tial competed research contract; or 

12 ‘‘(2) the provision of advanced component de13 velopment, or prototype of technology developed in 

14 the initial underlying contract. 

15 ‘‘(b) DELIVERY.—A contract line item or option as 

16 described in subsection (a)(1) shall require the delivery of 

17 the minimal amount of initial or additional prototype 

18 items to allow for the timely solicitation and award of a 

19 production contract for those items. Such contract option 

20 may have a value only up to three times the value of the 

21 initial contract and any subsequent development or pro22 curement must be subject to the terms of section 2304 

23 of this title. 

24 ‘‘(c) TERM.—A contract line item or option as de25 scribed in subsection (a)(2) shall be for a term of not more 

26 than 12 months. 


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1 ‘‘(d) USE OF AUTHORITY.—Each military depart2 ment may use this authority up to four times per year 

3 and the Secretary of Defense may approve up to an addi4 tional four options per year for projects supported by 

5 agencies of the Department of Defense.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by inserting 

8 after the item relating to section 2302d the following new 

9 item: 

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

prototype units.’’. 

10 TITLE IX—DEPARTMENT OF DE11 FENSE ORGANIZATION AND 

12 MANAGEMENT 

13 SEC. 901. REPEAL OF CERTAIN LIMITATIONS ON PER14 SONNEL AND CONSOLIDATION OF REPORTS 

15 ON MAJOR DEPARTMENT OF DEFENSE HEAD16 QUARTERS ACTIVITIES. 

17 (a) REPEAL OF CERTAIN LIMITATIONS ON PER18 SONNEL ASSIGNED TO MAJOR HEADQUARTERS ACTIVI19 TIES.— 

20 (1) REPEALS.—The following provisions of law 

21 are repealed: 

22 (A) Section 143 of title 10, United States 

23 Code. 

24 (B) Section 194 of such title. 


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1 (C) Sections 3014(f), 5014(f), and 8014(f) 

2 of such title. 

3 (D) Section 601 of the Goldwater-Nichols 

4 Department of Defense Reorganization Act of 

5 1986 (10 U.S.C. 194 note). 

6 (2) CLERICAL AMENDMENTS.— 

7 (A) The table of sections at the beginning 

8 of chapter 4 of title 10, United States Code, is 

9 amended by striking the item relating to section 

10 143. 

11 (B) The table of sections at the beginning 

12 of subchapter I of chapter 8 of such title is 

13 amended by striking the item relating to section 

14 194. 

15 (b) CONSOLIDATED ANNUAL REPORT.— 

16 (1) INCLUSION IN ANNUAL DEFENSE MAN17 POWER REQUIREMENTS REPORT.—Section 115a of 

18 such title is amended by inserting after subsection 

19 (e) the following new subsection: 

20 ‘‘(f) The Secretary shall also include in each such re21 port the following information with respect to personnel 

22 assigned to or supporting major Department of Defense 

23 headquarters activities: 

24 ‘‘(1) The military end strength and civilian full25 time equivalents assigned to major Department of 


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1 Defense headquarters activities for the preceding fis2 cal year and estimates of such numbers for the cur3 rent fiscal year and the budget fiscal year. 

4 ‘‘(2) A summary of the replacement during the 

5 preceding fiscal year of contract workyears providing 

6 support to major Department of Defense head7 quarters activities with military end strength or ci8 vilian full-time equivalents, including an estimate of 

9 the number associated with the replacement of con10 tracts performing inherently governmental or exempt 

11 functions. 

12 ‘‘(3) The plan for the continued review of con13 tract personnel supporting major Department of De14 fense headquarters activities for possible conversion 

15 to military or civilian performance in accordance 

16 with section 2463 of this title.’’. 

17 (2) TECHNICAL AMENDMENTS TO REFLECT

18 NAME OF REPORT.— 

19 (A) Subsection (a) of such section is 

20 amended by inserting ‘‘defense’’ before ‘‘man21 power requirements report’’. 

22 (B)(i) The heading of such section is 

23 amended to read as follows: 


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1 ‘‘§ 115a. Annual defense manpower requirements re2 port’’. 

3 (ii) The item relating to such section in the 

4 table of sections at the beginning of chapter 2 

5 of such title is amended to read as follows: 

‘‘115a. Annual defense manpower requirements report.’’. 

6 (3) CONFORMING REPEALS.—The following pro7 visions of law are repealed: 

8 (A) Subsections (b) and (c) of section 901 

9 of the National Defense Authorization Act for 

10 Fiscal Year 2008 (Public Law 110–181; 122 

11 Stat. 272). 

12 (B) Section 1111 of the Duncan Hunter 

13 National Defense Authorization Act for Fiscal 

14 Year 2009 (Public Law 110–417; 122 Stat. 

15 4619). 

16 SEC. 902. REPEAL OF CERTAIN LAWS PERTAINING TO THE 

17 JOINT COMMITTEE FOR THE REVIEW OF 

18 COUNTERPROLIFERATION PROGRAMS. 

19 (a) JOINT COMMITTEE FOR THE REVIEW OF

20 COUNTERPROLIFERATION PROGRAMS OF THE UNITED

21 STATES.—Section 1605 of the National Defense Author22 ization Act for Fiscal Year 1994 (Public Law 103–160; 

23 22 U.S.C. 2751 note) is repealed. 

24 (b) BIENNIAL REPORT ON COUNTERPROLIFERATION

25 ACTIVITIES AND PROGRAMS.—Section 1503 of the NaVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 tional Defense Authorization Act for Fiscal Year 1995 

2 (Public Law 103–337; 22 U.S.C. 2751 note) is repealed. 

3 SEC. 903. PROVISION OF SPACE SITUATIONAL AWARENESS 

4 SERVICES AND INFORMATION TO NON5 UNITED STATES GOVERNMENT ENTITIES. 

6 (a) IN GENERAL.—Section 2274 of title 10, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 2274. Space situational awareness services and in9 formation: provision to non-United States 

10 Government entities 

11 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

12 provide space situational awareness services and informa13 tion to, and may obtain space situational awareness data 

14 and information from, non-United States Government en15 tities in accordance with this section. Any such action may 

16 be taken in the case of any such entity only if the Sec17 retary determines that such action is consistent with the 

18 national security interests of the United States. 

19 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may pro20 vide services and information under subsection (a) to, and 

21 may obtain data and information under subsection (a) 

22 from, any non-United States Government entity, including 

23 any of the following: 

24 ‘‘(1) A State government. 


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1 ‘‘(2) The government of a political subdivision 

2 of a State. 

3 ‘‘(3) A United States commercial entity. 

4 ‘‘(4) The government of a foreign country. 

5 ‘‘(5) A foreign commercial entity. 

6 ‘‘(c) REQUIRED AGREEMENT.—The Secretary may 

7 not provide space situational awareness services and infor8 mation under subsection (a) to a non-United States Gov9 ernment entity unless that entity enters into an agreement 

10 with the Secretary under which the entity— 

11 ‘‘(1) agrees to pay an amount that may be 

12 charged by the Secretary under subsection (d); 

13 ‘‘(2) agrees not to transfer any data or tech14 nical information received under the agreement, in15 cluding the analysis of data, to any other entity 

16 without the express approval of the Secretary; and 

17 ‘‘(3) agrees to any other terms and conditions 

18 considered necessary by the Secretary. 

19 ‘‘(d) CHARGES.—(1) As a condition of an agreement 

20 under subsection (c), the Secretary may (except as pro21 vided in paragraph (2)) require the non-United States 

22 Government entity entering into the agreement to pay to 

23 the Department of Defense such amounts as the Secretary 

24 determines to be necessary to reimburse the Department 


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1 for the costs to the Department of providing space situa2 tional awareness service support under the agreement. 

3 ‘‘(2) The Secretary may not require the government 

4 of a State, or of a political subdivision of a State, to pay 

5 any amount under paragraph (1). 

6 ‘‘(e) CREDITING OF FUNDS RECEIVED.—Funds re7 ceived for the provision of space situational awareness 

8 services pursuant to an agreement under this section shall 

9 be credited, at the option of the Secretary, to (1) the ap10 propriation, fund, or account used in incurring the obliga11 tion, or (2) an appropriate appropriation, fund, or account 

12 currently available for the purposes for which the expendi13 tures were made. Funds so credited shall be merged with, 

14 and remain available for obligation with, the funds in the 

15 appropriation, fund, or account to which credited. 

16 ‘‘(f) PROCEDURES.—The Secretary shall establish 

17 procedures by which the authority under this section shall 

18 be carried out. As part of those procedures, the Secretary 

19 may allow space situational awareness services to be pro20 vided through a contractor of the Department of Defense. 

21 ‘‘(g) NONDISCLOSURE.—All information received 

22 under subsection (a), records of agreements entered into 

23 under subsection (c), and analyses or data provided as a 

24 part of the services provided in accordance with the auVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 thority under this section are exempt from disclosure 

2 under section 552(b)(3) of title 5. 

3 ‘‘(h) IMMUNITY.—The United States, all agencies 

4 and instrumentalities thereof, and all individuals, firms, 

5 corporations, and other persons acting for the United 

6 States, shall be immune from any suit in any court for 

7 any cause of action arising from the provision or receipt 

8 of space situational awareness services, whether or not 

9 provided in accordance with this section, or any related 

10 action or omission.’’. 

11 (b) CLERICAL AMENDMENT.—The item relating to 

12 such section in the table of sections at the beginning of 

13 chapter 135 of such title is amended to read as follows: 

‘‘2274. Space situational awareness services and information: provision to nonUnited States Government entities.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on October 1, 2009, or the 

16 date of the enactment of this Act, whichever is later. 


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1 TITLE X—GENERAL PROVISION 

2 Subtitle A—Financial Matters 

3 SEC. 1001. AUTHORITY FOR AIRLIFT TRANSPORTATION AT 

4 DEPARTMENT OF DEFENSE RATES FOR NON5 DEPARTMENT OF DEFENSE FEDERAL CAR6 GOES. 

7 Section 2642(a) of title 10, United States Code, is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(3) For military airlift services provided to any 

11 element of the Federal Government outside the De12 partment of Defense in circumstances other than 

13 those specified in paragraphs (1) and (2), but only 

14 if the Secretary of Defense determines that provision 

15 of those military airlift services will promote im16 proved utilization of airlift capacity without negative 

17 effect on national security objectives or the national 

18 security interests contained within the United States 

19 commercial air industry.’’. 

20 SEC. 1002. ADVANCE NOTICE TO CONGRESS OF TRANSFER 

21 OF FUNDS FROM A WORKING-CAPITAL FUND. 

22 Paragraph (1) of section 2208(r) of title 10, United 

23 States Code, is amended to read as follows: 

24 ‘‘(1) Whenever the Secretary of Defense pro25 poses to exercise authority provided by law to transVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 fer funds from a working-capital fund, including a 

2 transfer to another working-capital fund, such trans3 fer may be made only after the Secretary submits to 

4 Congress notice of the proposed transfer and a pe5 riod of five days has passed from the date of the no6 tification.’’. 

7 Subtitle B—Policy Relating to 

8 Vessels and Shipyards 

9 SEC. 1011. TEMPORARY REDUCTION IN STATUTORY MIN10 IMUM NUMBER OF AIRCRAFT CARRIERS IN 

11 ACTIVE SERVICE. 

12 Section 5062(b) of title 10, United States Code, is 

13 amended by inserting before the period at the end of the 

14 first sentence the following: ‘‘, except that during the pe15 riod beginning on the date of the decommissioning of the 

16 USS Enterprise (CVN 65) and ending on the date of the 

17 commissioning into active service of the USS GERALD 

18 R. FORD (CVN 78), the number of operational aircraft 

19 carriers in the naval combat forces of the Navy may be 

20 10’’. 


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1 Subtitle C—Counter-Drug 

2 Activities 

3 SEC. 1021. TWO-YEAR EXTENSION OF AUTHORITY TO SUP4 PORT UNIFIED COUNTER-DRUG AND 

5 COUNTERTERRORISM CAMPAIGN IN COLOM6 BIA AND CONTINUATION OF NUMERICAL LIM7 ITATIONS ON ASSIGNMENT OF UNITED 

8 STATES PERSONNEL. 

9 (a) EXTENSION.—Section 1021 of the Ronald W. 

10 Reagan National Defense Authorization Act for Fiscal 

11 Year 2005 (Public Law 108–375; 118 Stat. 2042), as 

12 most recently amended by section 1023 of the Duncan 

13 Hunter National Defense Authorization Act for Fiscal 

14 Year 2009 (Public Law 110–417; 122 Stat. 4586), is 

15 amended in subsections (a)(1) and (c), by striking ‘‘2009’’ 

16 and inserting ‘‘2011’’. 

17 (b) CLARIFICATION.—Subsection (c) of such section 

18 is amended by inserting ‘‘, and its follow-on programs,’’ 

19 after ‘‘Plan Colombia’’ each place it appears. 


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1 Subtitle D—Report Terminations 

2 SEC. 1031. IMPROVED MANAGEMENT OF CONGRESSIONAL 

3 REPORTING REQUIREMENTS APPLICABLE TO 

4 DEPARTMENT OF DEFENSE. 

5 (a) IN GENERAL.—Chapter 23 of title 10, United 

6 States Code, is amended by inserting after section 480 the 

7 following new section: 

8 ‘‘§ 480a. Reports to Congress: termination after five 

9 years 

10 ‘‘(a) TERMINATION.—Subject to subsections (b) and 

11 (c), each provision of law that requires the Secretary of 

12 Defense (or any other officer or employee of the Depart13 ment of Defense) to submit to Congress (or any committee 

14 of Congress) a periodic report shall cease to be effective, 

15 with respect to that requirement, five years after the date 

16 of the enactment of that provision of law or, in the case 

17 of a provision of law enacted before the date of the enact18 ment of this section, five years after the date of the enact19 ment of this section. 

20 ‘‘(b) GENERAL EXCEPTIONS.—Subsection (a) does 

21 not apply to a provision of law containing a requirement 

22 for the submittal of a periodic report if that provision of 

23 law— 

24 ‘‘(1) expressly states that the requirement is in25 definite in nature; or 


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•S 1033 IS

1 ‘‘(2) specifies a number of years (in excess of 

2 five) for which the report is required or states a spe3 cific termination date for the report requirement. 

4 ‘‘(c) EXCEPTIONS FOR SPECIFIC REPORTS.—Sub5 section (a) does not apply to the following: 

6 ‘‘(1) The report required by section 113(c) of 

7 this title. 

8 ‘‘(2) Any report required by this chapter. 

9 ‘‘(d) PERIODIC REPORT DEFINED.—In this section, 

10 the term ‘periodic report’ means a report required to be 

11 submitted on an annual, semiannual, or other regular peri12 odic basis.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by inserting 

15 after the item relating to section 480 the following new 

16 item: 

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

17 SEC. 1032. REPEAL OF REQUIREMENT FOR ANNUAL RE18 PORT ON MILITARY MUSEUMS. 

19 (a) REPEAL.—Section 489 of title 10, United States 

20 Code, is repealed. 

21 (b) TABLE OF SECTIONS.—The table of sections at 

22 the beginning of chapter 23 of such title is amended by 

23 striking the item relating to section 489. 


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1 Subtitle E—Other Matters 

2 SEC. 1041. ONE-YEAR EXTENSION OF AUTHORITY TO OFFER 

3 AND MAKE REWARDS FOR ASSISTANCE IN 

4 COMBATING TERRORISM THROUGH GOVERN5 MENT PERSONNEL OF ALLIED FORCES. 

6 Section 127b(c)(3)(C) of title 10, United States 

7 Code, is amended by striking ‘‘September, 30, 2009’’ and 

8 inserting ‘‘September, 30, 2010’’. 

9 TITLE XI—CIVILIAN PERSONNEL 

10 MATTERS 

11 SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

12 ANNUAL LIMITATION ON PREMIUM PAY AND 

13 AGGREGATE LIMITATION ON PAY FOR FED14 ERAL CIVLIAN EMPLOYEES WORKING OVER15 SEAS. 

16 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

17 section 1101 of the Duncan Hunter National Defense Au18 thorization Act for Fiscal Year 2009 (Public Law 110– 

19 417; 122 Stat. 4615), is amended by striking ‘‘calendar 

20 year 2009’’ and inserting ‘‘calendar years 2009 and 

21 2010’’. 

22 (b) EXEMPTION FROM AGGREGATE LIMITATIONS ON

23 PAY.—Subsection (b) of such section is amended by strik24 ing ‘‘Section 5307 of title 5, United States Code’’ and inVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 serting ‘‘Aggregate limitations on pay, whether established 

2 by law or regulation’’. 

3 TITLE XII—MATTERS RELATING 

4 TO FOREIGN NATIONS 

5 SEC. 1201. ONE-YEAR EXTENSION OF COMMANDERS’ EMER6 GENCY RESPONSE PROGRAM AND EXTEN7 SION OF DUE DATE FOR QUARTERLY RE8 PORTS TO CONGRESS. 

9 (a) ONE-YEAR EXTENSION OF AUTHORITY.— 

10 (1) AUTHORITY FOR FISCAL YEAR 2010.—Sub11 section (a) of section 1202 of the National Defense 

12 Authorization Act for Fiscal Year 2006 (Public Law 

13 109–163; 119 Stat. 3455), as most recently amend14 ed by section 1214 of the Duncan Hunter National 

15 Defense Authorization Act for Fiscal Year 2009 

16 (Public Law 110–417; 122 Stat. 4630), is amend17 ed— 

18 (A) in the subsection heading, by striking 

19 ‘‘FISCAL YEARS 2008 AND 2009’’ and inserting 

20 ‘‘FISCAL YEAR 2010’’; 

21 (B) by striking ‘‘each of fiscal years 2008 

22 and 2009’’ and inserting ‘‘fiscal year 2010’’; 

23 (C) by striking ‘‘for such fiscal year’’; and 


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1 (D) by striking ‘‘$1,700,000,000 in fiscal 

2 year 2008 and $1,500,000,000 in fiscal year 

3 2009’’ and inserting ‘‘$1,500,000,000’’. 

4 (2) EFFECTIVE DATE.—The amendments made 

5 by paragraph (1) shall take effect on October 1, 

6 2009. 

7 (b) EXTENSION OF DUE DATE FOR QUARTERLY RE8 PORTS.—Subsection (b)(1) of such section is amended— 

9 (1) by striking ‘‘15 days’’ and inserting ‘‘45 

10 days’’; and 

11 (2) by striking ‘‘of fiscal years 2008 and 2009’’ 

12 and inserting ‘‘of any fiscal year during which the 

13 authority under subsection (a) is in effect’’. 

14 (c) TECHNICAL AMENDMENTS.—Subsections (e)(1) 

15 and (f)(1) of such section are amended by striking ‘‘the 

16 date of the enactment of the Duncan Hunter National De17 fense Authorization Act for Fiscal Year 2009’’ and insert18 ing ‘‘October 14, 2008,’’. 

19 SEC. 1202. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 

20 AND SERVICES PRODUCED IN CENTRAL ASIA, 

21 PAKISTAN, AND THE SOUTH CAUCASUS. 

22 (a) IN GENERAL.—In the case of a product or service 

23 to be acquired in support of operations (including security, 

24 transition, reconstruction, and humanitarian relief activi25 ties) in Afghanistan for which the Secretary of Defense 


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1 makes a determination described in subsection (b), the 

2 Secretary may conduct a procurement in which— 

3 (1) competition is limited to products or serv4 ices that are from Central Asia, Pakistan, or the 

5 South Caucasus; 

6 (2) procedures other than competitive proce7 dures are used to award a contract to a particular 

8 source or sources from Central Asia, Pakistan, or 

9 the South Caucasus; or 

10 (3) a preference is provided for products or 

11 services that are from Central Asia, Pakistan, or the 

12 South Caucasus. 

13 (b) DETERMINATION.—A determination described in 

14 this subsection is a determination by the Secretary that— 

15 (1) the product or service concerned is to be 

16 used only by military forces, police, or other security 

17 personnel of Afghanistan, the United States, Allies, 

18 or coalition partners; or 

19 (2) it is in the national security interest of the 

20 United States to limit competition, use procedures 

21 other than competitive procedures, or provide a pref22 erence as described in subsection (a) because— 

23 (A) such limitation, procedure, or pref24 erence is necessary— 


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1 (i) to improve local market and trans2 portation infrastructure in Central Asia, 

3 Pakistan, or the South Caucasus in order 

4 to reduce overall United States transpor5 tation costs and risks in shipping goods in 

6 support of operations in Afghanistan; 

7 (ii) to encourage states of Central 

8 Asia, Pakistan, or the South Caucasus to 

9 cooperate in expanding supply routes 

10 through their territory in support of oper11 ations in Afghanistan; or 

12 (iii) to help develop a more robust and 

13 enduring commercial and transportation 

14 network in Central Asia, Pakistan, or the 

15 South Caucasus that will connect Afghani16 stan to its neighbors, promote regional 

17 commerce, diversify existing infrastructure 

18 in the region, and bolster stability and 

19 prosperity in the region; and 

20 (B) such limitation, procedure, or pref21 erence will not adversely affect— 

22 (i) operations in Afghanistan; or 

23 (ii) the United States industrial base. 


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1 (c) PRODUCTS, SERVICES, AND SOURCES FROM CEN2 TRAL ASIA, PAKISTAN, OR THE SOUTH CAUCASUS.—For 

3 the purposes of this section: 

4 (1) A product is from the Central Asia, Paki5 stan, or the South Caucasus if it is mined, produced, 

6 or manufactured in Georgia, the Kyrgyz Republic, 

7 Pakistan, the Republic of Armenia, the Republic of 

8 Azerbaijan, the Republic of Kazakhstan, the Repub9 lic of Tajikistan, the Republic of Uzbekistan, or 

10 Turkmenistan. 

11 (2) A service is from Central Asia, Pakistan, or 

12 the South Caucasus if it is performed in Georgia, 

13 the Kyrgyz Republic, Pakistan, the Republic of Ar14 menia, the Republic of Azerbaijan, the Republic of 

15 Kazakhstan, the Republic of Tajikistan, the Repub16 lic of Uzbekistan, or Turkmenistan by citizens or 

17 permanent resident aliens of Georgia, the Kyrgyz 

18 Republic, Pakistan, the Republic of Armenia, the 

19 Republic of Azerbaijan, the Republic of Kazakhstan, 

20 the Republic of Tajikistan, the Republic of 

21 Uzbekistan, or Turkmenistan. 

22 (3) A source is from Central Asia, Pakistan, or 

23 the South Caucasus if it— 

24 (A) is located in Georgia, the Kyrgyz Re25 public, Pakistan, the Republic of Armenia, the 


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1 Republic of Azerbaijan, the Republic of 

2 Kazakhstan, the Republic of Tajikistan, the Re3 public of Uzbekistan, or Turkmenistan; and 

4 (B) offers products or services that are 

5 from Georgia, the Kyrgyz Republic, Pakistan, 

6 the Republic of Armenia, the Republic of Azer7 baijan, the Republic of Kazakhstan, the Repub8 lic of Tajikistan, the Republic of Uzbekistan, or 

9 Turkmenistan. 

10 (d) CONSTRUCTION WITH OTHER AUTHORITY.—The 

11 authority provided in subsection (a) is in addition to the 

12 authority set out in section 886 of the National Defense 

13 Authorization Act for Fiscal Year 2008 (Public Law 110– 

14 181; 122 Stat. 266; 10 U.S.C. 2302 note). 

15 SEC. 1203. AUTHORIZATION OF APPROPRIATIONS FOR AF16 GHANISTAN SECURITY FORCES FUND. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal year 

19 2010 for the Afghanistan Security Forces Fund in the 

20 amount of $7,462,769,000. 

21 (b) LIMITATIONS.—Funds appropriated pursuant to 

22 the authorization of appropriations in subsection (a) shall 

23 be subject to the conditions contained in subsections (b) 

24 through (g) of section 1513 of the National Defense AuVerDate Nov 24 2008 22:51 May 20, 2009 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S1033.IS S1033

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1 thorization Act for Fiscal Year 2008 (Public Law 110– 

2 181; 122 Stat. 428). 

3 SEC. 1204. AUTHORITY TO PROVIDE ADMINISTRATIVE 

4 SERVICES AND SUPPORT TO COALITION LIAI5 SON OFFICERS OF CERTAIN FOREIGN NA6 TIONS ASSIGNED TO JOINT FORCES COM7 MAND. 

8 (a) EXTENSION OF AUTHORITY.—Section 1051a(a) 

9 of title 10, United States Code, is amended— 

10 (1) by striking ‘‘assigned temporarily’’ and in11 serting ‘‘assigned temporarily—’’; 

12 (2) by designating the remainder of the text of 

13 that section as paragraph (1) and indenting that 

14 text two ems from the left margin; 

15 (3) by striking the period at the end and insert16 ing ‘‘; or’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(2) to the headquarters of the combatant com19 mand assigned by the Secretary of Defense the mis20 sion of joint warfighting experimentation and joint 

21 forces training.’’. 

22 (b) EFFECTIVE DATE.—Paragraph (2) of section 

23 1051a(a) of title 10, United States Code, as added by sub24 section (a), shall take effect on October 1, 2009, or the 

25 date of the enactment of this Act, whichever is later. 


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1 TITLE XIII—MILITARY CON2 STRUCTION, MILITARY FAM3 ILY HOUSING, AND REAL 

4 PROPERTY 

5 SEC. 1301. TEMPORARY INCREASE IN COST THRESHOLD 

6 FOR USE OF OPERATION AND MAINTENANCE 

7 FUNDS FOR UNSPECIFIED MINOR MILITARY 

8 CONSTRUCTION PROJECTS IN AFGHANISTAN. 

9 (a) INCREASED COST THRESHOLD.— 

10 (1) PROJECTS IN AFGHANISTAN.—For purposes 

11 of any military construction project to be carried out 

12 in Afghanistan that is a contingency operational re13 quirements project, the cost limitation applicable to 

14 the project under subsection (c) of section 2805 of 

15 title 10, United States Code, shall be treated as 

16 being $3,000,000, notwithstanding any otherwise ap17 plicable cost limitation under that section. 

18 (2) CONTINGENCY OPERATIONAL REQUIRE19 MENTS PROJECT.—For purposes of this subsection, 

20 the term ‘‘contingency operational requirements 

21 project’’ means a project that is necessary to meet 

22 military operational requirements involving the use 

23 of the Armed Forces in support of— 

24 (A) a declaration of war; 


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1 (B) a declaration by the President of a na2 tional emergency under section 201 of the Na3 tional Emergencies Act (50 U.S.C. 1621); or 

4 (C) a contingency operation (as such term 

5 is defined in section 101 of title 10, United 

6 States Code). 

7 (b) TRANSPARENCY.— 

8 (1) QUARTERLY REPORTS.—Not later than 60 

9 days after the end of each fiscal-year quarter during 

10 which subsection (a) is in effect, the Secretary con11 cerned shall submit to the congressional committees 

12 specified in paragraph (2) a report on contracts en13 tered into during that quarter under section 2805(c) 

14 of title 10, United States Code, for which the appli15 cable cost limitation was the limitation specified in 

16 subsection (a). Each such report shall include a 

17 statement of obligations during that quarter for each 

18 such contract. 

19 (2) CONGRESSIONAL COMMITTEES.—The con20 gressional committees referred to in this paragraph 

21 are the following: 

22 (A) The Committee on Armed Services and 

23 the Subcommittee on Defense and the Sub24 committee on Military Construction, Veterans 


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1 Affairs, and Related Agencies of the Committee 

2 on Appropriations of the Senate. 

3 (B) The Committee on Armed Services and 

4 the Subcommittee on Defense and the Sub5 committee on Military Construction, Veterans 

6 Affairs, and Related Agencies of the Committee 

7 on Appropriations of the House of Representa8 tives. 

9 (3) SECRETARY CONCERNED.—For purposes of 

10 this subsection, the term ‘‘Secretary concerned’’ has 

11 the meaning applicable to such term under section 

12 2805 of title 10, United States Code. 

13 (c) EXPIRATION.—No funds may be obligated for a 

14 project by reason of the provisions of subsection (a) after 

15 September 30, 2011. 

16 SEC. 1302. TWO-YEAR EXTENSION OF AUTHORITY FOR 

17 PILOT PROJECTS FOR ACQUISITION OR CON18 STRUCTION OF MILITARY UNACCOMPANIED 

19 HOUSING. 

20 Subsection (f) of section 2881a of title 10, United 

21 States Code, is amended by striking ‘‘2009’’ and inserting 

22 ‘‘2011’’. 


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1 SEC. 1303. CONSOLIDATION AND STANDARDIZATION OF NO2 TICE-AND-WAIT REQUIREMENTS APPLICABLE 

3 TO REAL PROPERTY LEASES. 

4 (a) GENERAL LEASE AUTHORITY.—Section 

5 2662(a)(1)(C) of title 10, United States Code, is amended 

6 by inserting after ‘‘United States,’’ the following: ‘‘other 

7 than a lease entered into pursuant to section 2667 of this 

8 title,’’. 

9 (b) LEASES OF NON-EXCESS PROPERTY.—Section 

10 2667 of such title is amended— 

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

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

13 (3) in subsection (h), by striking paragraphs 

14 (3) and (5); and 

15 (4) by adding at the end the following new sub16 section: 

17 ‘‘(k) NOTICE-AND-WAIT REQUIREMENTS.—(1) The 

18 Secretary concerned may not issue a contract solicitation 

19 or other lease offering under this section for a lease with 

20 an annual rental value that is greater than $750,000 

21 (other than for a lease under subsection (g)) until the Sec22 retary submits to the Committee on Armed Services of the 

23 Senate and the Committee on Armed Services of the 

24 House of Representatives a report with respect to the pro25 posed lease and a period of 30 days has elapsed after the 


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1 date of the submission of the report. Any such report shall 

2 include the following: 

3 ‘‘(A) A description of the proposed lease, in4 cluding the proposed duration of the lease. 

5 ‘‘(B) A description of the authorities to be used 

6 in entering into the lease and the intended participa7 tion of the United States in the lease, including a 

8 justification of the intended method of participation. 

9 ‘‘(C) A statement of the scored cost of the 

10 lease, determined using the scoring criteria of the 

11 Office of Management and Budget. 

12 ‘‘(D) A determination that the property in13 volved in the lease is not excess property, as re14 quired by subsection (a)(3), including the basis for 

15 the determination. 

16 ‘‘(E) A determination that the proposed lease is 

17 directly compatible with the mission of the military 

18 installation or Defense Agency the property of which 

19 is to be subject to the lease and a description of the 

20 anticipated long-term use of the property at the con21 clusion of the lease. 

22 ‘‘(F) A description of the requirements or con23 ditions within the contract solicitation or other lease 

24 offering for the offeror to address taxation issues, 


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1 including payments-in-lieu-of taxes, and other devel2 opment issues related to local municipalities. 

3 ‘‘(2) The Secretary concerned may not enter into a 

4 lease with respect to which a report was required under 

5 paragraph (1) until the Secretary submits to the commit6 tees specified in that paragraph a report with respect to 

7 the proposed lease and either a period of 30 days has 

8 elapsed after the date of the submission of the report or 

9 a period of 14 days has elapsed after the date of the sub10 mission of a copy of the report in an electronic medium 

11 pursuant to section 480 of this title. Any such report shall 

12 include the following: 

13 ‘‘(A) A copy of the report submitted under 

14 paragraph (1) with respect to that lease. 

15 ‘‘(B) A description of the differences between 

16 the report submitted under paragraph (1) and the 

17 report being submitted under this paragraph. 

18 ‘‘(C) A description of the lease payment re19 quired under this section, including a description of 

20 any in-kind consideration that will be accepted. 

21 ‘‘(D) A description of any community support 

22 facility or provision of community support services 

23 under the lease, regardless of whether the facility 

24 will be operated by a covered entity or the lessee or 


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1 the services will be provided by a covered entity or 

2 the lessee. 

3 ‘‘(E) A description of the competitive proce4 dures used to select the lessee or, in the case of a 

5 lease involving the public benefit exception author6 ized by paragraph (2) of subsection (h), a descrip7 tion of the public benefit to be served by the lease. 

8 ‘‘(F) In the case of a proposed lease under sub9 section (a) that involves a project related to energy 

10 production and for which the term of the lease ex11 ceeds 20 years, a certification that the project is 

12 consistent with the Department of Defense perform13 ance goals and plan required by section 2911 of this 

14 title.’’. 

Æ 


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