I 

111TH CONGRESS 

1ST SESSION H. R. 2647 

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 HOUSE OF REPRESENTATIVES 

JUNE 2, 2009 

Mr. SKELTON (for himself and Mr. MCHUGH) (both by request) introduced 

the following bill; which was 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. 

Sec. 2. Table of contents. 


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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 

Sec. 301. Operation and maintenance funding. 

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. 

Subtitle B—Armed Forces Retirement Home 

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

Subtitle C—Military Personnel 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Personnel Strength Authorizations 

Sec. 501. End strengths for active forces. 

Sec. 502. End strengths for Selected Reserve. 

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

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

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

Sec. 506. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Subtitle B—Military Personnel Policy Generally 

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

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 


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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 Bonuses 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. 

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

Sec. 802. Repeal of requirements for reporting on certain information technology investment programs. 

Sec. 803. Modification of deadline for submission of annual report to Congress 

under section 2466 of title 10, United States Code. 

Sec. 804. Revision to definitions of major defense acquisition program and 

major automated information system for purposes of certain 

costs, schedule, and performance reports. 

Sec. 805. Exception for emergency operations. 

Sec. 806. 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. 

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. 


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Subtitle C—Other Matters 

Sec. 1021. Repeal of requirement for annual report on military museums. 

Sec. 1022. Defense Cyber Crime Center: authority to admit private sector civilians to cyber security courses. 

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. 

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 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

10 Funds are hereby authorized to be appropriated for 

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

12 activities and agencies of the Department of Defense for 

13 expenses, not otherwise provided for, for operation and 

14 maintenance, in amounts as follows: 

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

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

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

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

19 (5) For the Defense-wide activities, 

20 $35,935,546,000. 

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

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

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

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


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1 (10) For the Army National Guard, 

2 $6,578,680,000. 

3 (11) For the Air National Guard, 

4 $6,175,623,000. 

5 (12) For the United States Court of Appeals 

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

7 (13) For Environmental Restoration, Army, 

8 $415,864,000. 

9 (14) For Environmental Restoration, Navy, 

10 $285,869,000. 

11 (15) For Environmental Restoration, Air Force, 

12 $494,276,000. 

13 (16) For Environmental Restoration, Defense14 wide, $11,100,000. 

15 (17) For Environmental Restoration, Formerly 

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

17 (18) For Over seas Humanitarian, Disaster, 

18 and Civic Aid programs, $109,869,000. 

19 (19) For Cooperative Threat Reduction pro20 grams, $404,093,000. 

21 (20) For the Overseas Contingency Operations 

22 Transfer Fund, $5,000,000. 

23 (21) For the Iraq Freedom Fund, 

24 $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 TITLE IV—OTHER 

6 AUTHORIZATIONS 

7 Subtitle A—Military Programs 

8 SEC. 401. WORKING CAPITAL FUNDS. 

9 Funds are hereby authorized to be appropriated for 

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

11 activities and agencies of the Department of Defense for 

12 providing capital for the Defense Working Capital Funds 

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

14 SEC. 402. NATIONAL DEFENSE SEALIFT FUND. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2010 for the National Defense Sealift Fund 

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

18 SEC. 403. DEFENSE HEALTH PROGRAM. 

19 Funds are hereby authorized to be appropriated for 

20 the Department of Defense for fiscal year 2010 for ex21 penses, not otherwise provided for, for the Defense Health 

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

23 (1) $28,123,154,000 is for Operation and 

24 Maintenance; 


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1 (2) $613,102,000 is for Research, Development, 

2 Test, and Evaluation; and 

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

4 SEC. 404. CHEMICAL AGENTS AND MUNITIONS DESTRUC5 TION, DEFENSE. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

7 are hereby authorized to be appropriated for the Depart8 ment of Defense for fiscal year 2010 for expenses, not oth9 erwise provided for, for Chemical Agents and Munitions 

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

11 (1) $1,146,802,000 is for Operation and Main12 tenance; 

13 (2) $401,269,000 is for Research, Development, 

14 Test, and Evaluation; and 

15 (3) $12,689,000 is for Procurement. 

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

17 under subsection (a) are authorized for— 

18 (1) the destruction of lethal chemical agents 

19 and munitions in accordance with section 1412 of 

20 the Department of Defense Authorization Act, 1986 

21 (50 U.S.C. 1521); and 

22 (2) the destruction of chemical warfare materiel 

23 of the United States that is not covered by section 

24 1412 of such Act. 


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1 SEC. 405. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 the Department of Defense for fiscal year 2010 for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide, 

7 $1,383,587,000. 

8 SEC. 406. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 the Department of Defense for fiscal year 2010 for ex11 penses, not otherwise provided for, for the Office of the 

12 Inspector General of the Department of Defense, 

13 $281,320,000, of which— 

14 (1) $280,320,000 is for Operation and Mainte15 nance; and 

16 (2) $1,000,000 is for Procurement. 

17 Subtitle B—Armed Forces 

18 Retirement Home 

19 SEC. 411. AUTHORIZATION OF APPROPRIATIONS FOR 

20 ARMED FORCES RETIREMENT HOME. 

21 There is hereby authorized to be appropriated for fis22 cal year 2010 from the Armed Forces Retirement Home 

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

24 of the Armed Forces Retirement Home. 


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1 Subtitle C—Military Personnel 

2 SEC. 421. MILITARY PERSONNEL. 

3 There is hereby authorized to be appropriated for 

4 military personnel for fiscal year 2010 a total of 

5 $138,851,283,000. The authorization in the preceding 

6 sentence supersedes any other authorization of appropria7 tions (definite or indefinite) for such purpose for fiscal 

8 year 2010. 

9 TITLE V—MILITARY PERSONNEL 

10 POLICY 

11 Subtitle A—Personnel Strength 

12 Authorizations 

13 SEC. 501. END STRENGTHS FOR ACTIVE FORCES. 

14 The Armed Forces are authorized strengths for active 

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

16 (1) The Army, 547,400. 

17 (2) The Navy, 328,800. 

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

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

20 SEC. 502. END STRENGTHS FOR SELECTED RESERVE. 

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

22 strengths for Selected Reserve personnel of the reserve 

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

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

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


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

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

3 (5) The Air National Guard of the United 

4 States, 106,700. 

5 (6) The Army National Guard of the United 

6 States, 358,200. 

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

8 (b) END STRENGTH REDUCTIONS.—The end 

9 strengths prescribed by subsection (a) for the Selected Re10 serve of any reserve component shall be proportionately 

11 reduced by— 

12 (1) the total authorized strength of units orga13 nized to serve as units of the Selected Reserve of 

14 such component which are on active duty (other 

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

16 (2) the total number of individual members not 

17 in units organized to serve as units of the Selected 

18 Reserve of such component who are on active duty 

19 (other than for training or for unsatisfactory partici20 pation in training) without their consent at the end 

21 of the fiscal year. 

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

23 individual members of the Selected Reserve of any reserve 

24 component are released from active duty during any fiscal 

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


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1 the Selected Reserve of such reserve component shall be 

2 increased proportionately by the total authorized strengths 

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

4 members. 

5 SEC. 503. END STRENGTHS FOR RESERVES ON ACTIVE 

6 DUTY IN SUPPORT OF THE RESERVES. 

7 Within the end strengths prescribed in section 

8 411(a), the reserve components of the Armed Forces are 

9 authorized, as of September 30, 2010, the following num10 ber of Reserves to be serving on full-time active duty or 

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

12 Guard, for the purpose of organizing, administering, re13 cruiting, instructing, or training the reserve components: 

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

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

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

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

18 (5) The Army National Guard of the United 

19 States, 32,060. 

20 (6) The Air National Guard of the United 

21 States, 14,555. 

22 SEC. 504. END STRENGTHS FOR MILITARY TECHNICIANS 

23 (DUAL STATUS). 

24 The minimum number of military technicians (dual 

25 status) as of the last day of fiscal year 2010 for the reVerDate Nov 24 2008 02:12 Jun 03, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.IH H2647

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1 serve components of the Army and the Air Force (notwith2 standing section 129 of title 10, United States Code) shall 

3 be the following: 

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

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

6 States, 26,901. 

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

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

9 States, 22,313. 

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

11 NON-DUAL STATUS TECHNICIANS. 

12 (a) LIMITATIONS.— 

13 (1) NATIONAL GUARD.—Within the limitation 

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

15 States Code, the number of non-dual status techni16 cians employed by the National Guard as of Sep17 tember 30, 2010, may not exceed the following: 

18 (A) For the Army National Guard of the 

19 United States, 2,500. 

20 (B) For the Air National Guard of the 

21 United States, 350. 

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

23 status technicians employed by the Army Reserve as 

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


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1 (3) AIR FORCE RESERVE.—The number of non2 dual status technicians employed by the Air Force 

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

4 90. 

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

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

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

8 United States Code. 

9 SEC. 506. MAXIMUM NUMBER OF RESERVE PERSONNEL AU10 THORIZED TO BE ON ACTIVE DUTY FOR 

11 OPERATIONAL SUPPORT. 

12 During fiscal year 2010, the maximum number of 

13 members of the reserve components of the Armed Forces 

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

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

16 States Code, is the following: 

17 (1) The Army National Guard of the United 

18 States, 17,000. 

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

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

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

22 (5) The Air National Guard of the United 

23 States, 16,000. 

24 (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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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 TITLE VI—COMPENSATION AND 

10 OTHER PERSONNEL BENEFITS 

11 Subtitle A—Pay and Allowances 

12 SEC. 601. EXTENSION OF AUTHORITY FOR INCOME RE13 PLACEMENT PAYMENTS FOR RESERVE COM14 PONENT MEMBERS EXPERIENCING EX15 TENDED AND FREQUENT MOBILIZATION FOR 

16 ACTIVE DUTY SERVICE. 

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

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

19 ‘‘December 31, 2010’’. 


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1 Subtitle B—Extension of Certain 

2 Bonuses and Special and Incen3 tive Pays 

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

5 SPECIAL PAY AUTHORITIES FOR RESERVE 

6 FORCES. 

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 308b(g), relating to Selected Re11 serve reenlistment bonus. 

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

13 affiliation or enlistment bonus. 

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

15 enlisted members assigned to certain high-priority 

16 units. 

17 (4) Section 308g(f)(2), relating to Ready Re18 serve enlistment bonus for persons without prior 

19 service. 

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

21 enlistment and reenlistment bonus for persons with 

22 prior service. 

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

24 enlistment and reenlistment bonus for persons with 

25 prior service. 


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

2 SPECIAL PAY AUTHORITIES FOR HEALTH 

3 CARE PROFESSIONALS. 

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

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

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

7 2010’’: 

8 (1) Section 2130a(a)(1), relating to nurse offi9 cer candidate accession program. 

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

11 education loans for certain health professionals who 

12 serve in the Selected Reserve. 

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

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

15 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem16 ber 31, 2010’’: 

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

18 retention bonuses for psychologists. 

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

20 bonus for registered nurses. 

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

22 special pay for nurse anesthetists. 

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

24 Selected Reserve health professionals in critically 

25 short wartime specialties. 


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

2 bonus for dental officers. 

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

4 for pharmacy officers. 

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

6 for medical officers in critically short wartime spe7 cialties. 

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

9 for dental specialist officers in critically short war10 time specialties. 

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

12 and incentive pay authorities for officers in health 

13 professions. 

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

15 BONUS AUTHORITIES FOR NUCLEAR OFFI16 CERS. 

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

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

19 2009’’ and inserting ‘‘December 31, 2010’’: 

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

21 nuclear-qualified officers extending period of active 

22 service. 

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

24 accession bonus. 


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

2 annual incentive bonus. 

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

4 incentive pay authorities for nuclear officers. 

5 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT6 ING TO PAYMENT OF OTHER TITLE 37 BO7 NUSES AND SPECIAL PAY. 

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

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

10 2009’’ and inserting ‘‘December 31, 2010’’: 

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

12 retention bonus. 

13 (2) Section 307a(g), relating to assignment in14 centive pay. 

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

16 bonus for active members. 

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

18 bonus. 

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

20 for new officers in critical skills. 

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

22 for conversion to military occupational specialty to 

23 ease personnel shortage. 

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

25 for transfer between Armed Forces. 


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

2 for officer candidates. 

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

4 authority for enlisted members. 

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

6 authority for officers. 

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

8 incentive pay and bonus authorities for officers. 

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

10 pay. 

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

12 or special duty pay. 

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

14 pay or proficiency bonus. 

15 (15) Section 355(i), relating to retention incen16 tives for members qualified in critical military skills 

17 or assigned to high priority units. 

18 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT19 ING TO PAYMENT OF REFERRAL BONUSES. 

20 The following sections of title 10, United States 

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

22 inserting ‘‘December 31, 2010’’: 

23 (1) Section 1030(i), relating to health profes24 sions referral bonus. 


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

2 bonus. 

3 TITLE VII—WOUNDED WARRIOR 

4 PROVISIONS 

5 SEC. 701. PROVISION OF SPECIAL MONTHLY COMPENSA6 TION ALLOWANCE TO CATASTROPHICALLY 

7 INJURED SERVICE MEMBERS RECOVERING 

8 FROM COMBAT OR COMBAT-RELATED CATA9 STROPHIC INJURIES. 

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

11 States Code, is amended by adding at the end the fol12 lowing new section: 

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

14 the uniformed services with combat or 

15 combat-related catastrophic injuries 

16 ‘‘(a) COMPENSATION AUTHORIZED.—(1) Under reg17 ulations prescribed by the Secretary of Defense, the Sec18 retary concerned may pay to any member of the uniformed 

19 services described in paragraph (2) a special monthly com20 pensation in an amount determined under paragraph (3). 

21 ‘‘(2) A member eligible for the compensation author22 ized by paragraph (1) is a member— 

23 ‘‘(A) who has a combat-related catastrophic in24 jury or illness and for whom a licensed physician has 

25 certified that the member is in need of assistance 


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1 from another person to perform the personal func2 tions required in everyday living; and 

3 ‘‘(B) who has elected to participate in the expe4 dited disability evaluation process. 

5 ‘‘(3) The Secretary of Defense may establish addi6 tional eligibility criteria in the regulations required by 

7 paragraph (1). 

8 ‘‘(4) The amount of the special monthly compensa9 tion authorized by paragraph (1) shall be determined 

10 under criteria prescribed by the Secretary of Defense, but 

11 may not exceed the amount of the aid and attendance al12 lowance authorized by section 1114(r) of title 38 for vet13 erans in need of regular aid and attendance. In deter14 mining the amount of the compensation, the Secretary 

15 concerned shall consider the extent to which home health 

16 care and related services are being provided by the Gov17 ernment and the extent to which aid and attendance serv18 ices are being provided by family and friends who may 

19 be compensated with funds provided through the special 

20 monthly compensation authorized by this section. 

21 ‘‘(5) The duration of the special monthly compensa22 tion authorized by paragraph (1) shall be 120 days from 

23 the date of the member’s election to participate in the ex24 pedited disability evaluation process or until the member 


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

2 otherwise remains eligible. 

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

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

5 means a permanent, severely disabling injury, dis6 order, or disease that compromises the ability to 

7 carry out the activities of daily living to such a de8 gree that the member requires personal or mechan9 ical assistance to leave home or bed, or requires con10 stant supervision to avoid physical harm to self or 

11 others. 

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

13 the attributes described in section 1413a of title 

14 10.’’. 

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

16 at the beginning of such chapter is amended by adding 

17 at the end the following new item: 

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

combat or combat-related catastrophic injuries.’’. 


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1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 SEC. 801. REPORTS TO CONGRESS ON FULL DEPLOYMENT 

6 DECISIONS FOR MAJOR AUTOMATED INFOR7 MATION SYSTEM PROGRAMS. 

8 (a) IMPLEMENTATION SCHEDULE.—Section 

9 2445b(b)(2) of title 10, United States Code, is amended 

10 by striking ‘‘, initial operational capability, and full oper11 ational capability’’ and inserting ‘‘and full deployment de12 cision’’. 

13 (b) CRITICAL CHANGES IN PROGRAM.—Section 

14 2445c(d)(2)(A) of such title is amended by striking ‘‘ini15 tial operational capability’’ and inserting ‘‘a full deploy16 ment decision’’. 

17 SEC. 802. REPEAL OF REQUIREMENTS FOR REPORTING ON 

18 CERTAIN INFORMATION TECHNOLOGY IN19 VESTMENT PROGRAMS. 

20 (a) DEFINITION OF ‘‘OTHER MAJOR INFORMATION

21 TECHNOLOGY INVESTMENT PROGRAM’’.—Section 2445a 

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

23 subsection (d). 

24 (b) COST, SCHEDULE, AND PERFORMANCE INFORMA25 TION.—Section 2445b of such title is amended— 


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

2 other major information technology investment pro3 gram;’’ and 

4 (2) by striking subsection (d). 

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

6 amended— 

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

8 technology investment program’’ each place it ap9 pears; 

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

11 (f)(2), by striking ‘‘or information technology invest12 ment’’; 

13 (3) in subsection (d)(2)— 

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

15 section 2445b(d)’’; 

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

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

18 and 

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

20 major information technology investment’’ and 

21 ‘‘or section 2445b(d) of this title, as applica22 ble’’; and 

23 (4) in subsection (f)(3), by striking ‘‘or infor24 mation technology investment, as applicable,’’. 


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1 SEC. 803. MODIFICATION OF DEADLINE FOR SUBMISSION 

2 OF ANNUAL REPORT TO CONGRESS UNDER 

3 SECTION 2466 OF TITLE 10, UNITED STATES 

4 CODE. 

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

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

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

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

9 SEC. 804. REVISION TO DEFINITIONS OF MAJOR DEFENSE 

10 ACQUISITION PROGRAM AND MAJOR AUTO11 MATED INFORMATION SYSTEM FOR PUR12 POSES OF CERTAIN COSTS, SCHEDULE, AND 

13 PERFORMANCE REPORTS. 

14 (a) MAJOR DEFENSE ACQUISITION PROGRAM.—Sec15 tion 2430 of title 10, United States Code, is amended by 

16 adding at the end the following new subsection: 

17 ‘‘(c) In the case of a Department of Defense acquisi18 tion program that, by reason of paragraph (2) of section 

19 2445a(a) of this title, is a major automated information 

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

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

22 defense acquisition program under this chapter, the Sec23 retary of Defense may designate that program to be treat24 ed only as a major automated information system program 

25 or to be treated only as a major defense acquisition pro26 gram.’’. 


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1 (b) MAJOR AUTOMATED INFORMATION SYSTEM.— 

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

3 ‘‘that is not a highly sensitive classified program (as deter4 mined by the Secretary of Defense)’’ after ‘‘(either as a 

5 product or service)’’. 

6 SEC. 805. EXCEPTION FOR EMERGENCY OPERATIONS. 

7 (a) EXCEPTION FOR PROCUREMENTS IN SUPPORT OF

8 EMERGENCY OPERATIONS.—Paragraph (1) of subsection 

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

10 amended to read as follows: 

11 ‘‘(1) Procurements in support of emergency op12 erations.’’. 

13 (b) DEFINITION OF EMERGENCY OPERATIONS.— 

14 Subsection (j) of such section is amended— 

15 (1) by striking ‘‘GEOGRAPHIC COVERAGE’’ and 

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

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

18 paragraph: 

19 ‘‘(2) In this section, the term ‘emergency operations’ 

20 means any of the following: 

21 ‘‘(A) Contingency operations. 

22 ‘‘(B) Operations in defense against or recovery 

23 from nuclear, biological, chemical, or radiological at24 tack against the United States. 


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1 ‘‘(C) Operations in response to an incident of 

2 national significance, emergency declaration, na3 tional emergency, or major disaster declared by the 

4 President. 

5 ‘‘(D) Combat operations.’’. 

6 SEC. 806. CONTRACT AUTHORITY FOR ADVANCED DEVEL7 OPMENT OF INITIAL OR ADDITIONAL PROTO8 TYPE UNITS. 

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

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

11 the following new section: 

12 ‘‘§ 2302e. Contract authority for advanced develop13 ment of initial or additional prototype 

14 units 

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

16 the competitive selection of a proposal resulting from a 

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

18 contain a contract line item or an option for— 

19 ‘‘(1) the delivery of initial or additional proto20 type items if the item or a prototype thereof is cre21 ated as the result of work performed under the ini22 tial competed research contract; or 

23 ‘‘(2) the provision of advanced component de24 velopment, or prototype of technology developed in 

25 the initial underlying contract.’’. 


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1 (b) DELIVERY.—A contract line item or option as de2 scribed in subsection (a)(1) shall require the delivery of 

3 the minimal amount of initial or additional prototype 

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

5 production contract for those items. Such contract option 

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

7 initial contract and any subsequent development or pro8 curement must be subject to the terms of section 2304 

9 of this title. 

10 (c) TERM.—A contract line item or option as de11 scribed in subsection (a)(2) shall be for a term of not more 

12 than 12 months. 

13 (d) USE OF AUTHORITY.—Each military department 

14 may use this authority up to four times per year and the 

15 Secretary of Defense may approve up to an additional four 

16 options per year for projects supported by agencies of the 

17 Department of Defense. 

18 (e) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by inserting 

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

21 item: 

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

prototype units.’’. 


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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 SEC. 901. REPEAL OF CERTAIN LIMITATIONS ON PER5 SONNEL AND CONSOLIDATION OF REPORTS 

6 ON MAJOR DEPARTMENT OF DEFENSE HEAD7 QUARTERS ACTIVITIES. 

8 (a) REPEAL OF CERTAIN LIMITATIONS ON PER9 SONNEL ASSIGNED TO MAJOR HEADQUARTERS ACTIVI10 TIES.— 

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

12 are repealed: 

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

14 Code. 

15 (B) Section 194 of such title. 

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

17 of such title. 

18 (D) Section 601 of the Goldwater-Nichols 

19 Department of Defense Reorganization Act of 

20 1986 (10 U.S.C. 194 note). 

21 (2) CLERICAL AMENDMENTS.— 

22 (A) The table of sections at the beginning 

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

24 amended by striking the item relating to section 

25 143. 


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1 (B) The table of sections at the beginning 

2 of subchapter I of chapter 8 of such title is 

3 amended by striking the item relating to section 

4 194. 

5 (b) CONSOLIDATED ANNUAL REPORT.— 

6 (1) INCLUSION IN ANNUAL DEFENSE MAPOWER

7 REQUIREMENTS REPORT.—Section 115a of such title 

8 is amended by inserting after subsection (e) the fol9 lowing new subsection: 

10 ‘‘(f) The Secretary shall also include in each such re11 port the following information with respect to personnel 

12 assigned to or supporting major Department of Defense 

13 headquarters activities: 

14 ‘‘(1) The military end strength and civilian full15 time equivalents assigned to major Department of 

16 Defense headquarters activities for the preceding fis17 cal year and estimates of such numbers for the cur18 rent fiscal year and the budget fiscal year. 

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

20 preceding fiscal year of contract workyears providing 

21 support to major Department of Defense head22 quarters activities with military end strength or ci23 vilian full-time equivalents, including an estimate of 

24 the number associated with the replacement of conVerDate Nov 24 2008 02:12 Jun 03, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.IH H2647

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1 tracts performing inherently governmental or exempt 

2 functions. 

3 ‘‘(3) The plan for the continued review of con4 tract personnel supporting major Department of De5 fense headquarters activities for possible conversion 

6 to military or civilian performance in accordance 

7 with section 2463 of this title.’’. 

8 (2) TECHNICAL AMENDMENTS TO REFLECT

9 NAME OF REPORT.— 

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

11 amended by inserting ‘‘defense’’ before ‘‘man12 power requirements report’’. 

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

14 amended to read as follows: 

15 ‘‘§ 115a. Annual defense manpower requirements re16 port’’. 

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

18 table of sections at the beginning of chapter 2 

19 of such title is amended to read as follows: 

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

20 (3) CONFORMING REPEALS.—The following pro21 visions of law are repealed: 

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

23 of the National Defense Authorization Act for 

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

25 Stat. 272). 


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1 (B) Section 1111 of the Duncan Hunter 

2 National Defense Authorization Act for Fiscal 

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

4 4619). 

5 TITLE X—GENERAL PROVISION 

6 Subtitle A—Financial Matters 

7 SEC. 1001. AUTHORITY FOR AIRLIFT TRANSPORTATION AT 

8 DEPARTMENT OF DEFENSE RATES FOR NON9 DEPARTMENT OF DEFENSE FEDERAL CAR10 GOES. 

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

12 amended by adding at the end the following new para13 graph: 

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

15 element of the Federal Government outside the De16 partment of Defense in circumstances other than 

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

18 if the Secretary of Defense determines that provision 

19 of those military airlift services will promote im20 proved utilization of airlift capacity without negative 

21 effect on national security objectives or the national 

22 security interests contained within the United States 

23 commercial air industry.’’. 


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1 SEC. 1002. ADVANCE NOTICE TO CONGRESS OF TRANSFER 

2 OF FUNDS FROM A WORKING-CAPITAL FUND. 

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

4 States Code, is amended to read as follows: 

5 ‘‘(1) Whenever the Secretary of Defense proposes to 

6 exercise authority provided by law to transfer funds from 

7 a working-capital fund, including a transfer to another 

8 working-capital fund, such transfer may be made only 

9 after the Secretary submits to Congress notice of the pro10 posed transfer and a period of five days has passed from 

11 the date of the notification.’’. 

12 Subtitle B—Policy Relating to 

13 Vessels and Shipyards 

14 SEC. 1011. TEMPORARY REDUCTION IN STATUTORY MIN15 IMUM NUMBER OF AIRCRAFT CARRIERS IN 

16 ACTIVE SERVICE. 

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

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

19 first sentence the following: ‘‘, except that during the pe20 riod beginning on the date of the decommissioning of the 

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

22 commissioning into active service of the USS GERALD 

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

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

25 10’’. 


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1 Subtitle C—Other Matters 

2 SEC. 1021. REPEAL OF REQUIREMENT FOR ANNUAL RE3 PORT ON MILITARY MUSEUMS. 

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

5 Code, is repealed. 

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

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

8 striking the item relating to section 489. 

9 SEC. 1022. DEFENSE CYBER CRIME CENTER: AUTHORITY TO 

10 ADMIT PRIVATE SECTOR CIVILIANS TO 

11 CYBER SECURITY COURSES. 

12 (a) AUTHORITY FOR ADMISSION.—The Secretary of 

13 Defense may permit eligible private sector employees to 

14 receive instruction at the Defense Cyber Investigations 

15 Training Academy operating under the direction of the 

16 Defense Cyber Crime Center. No more than the equivalent 

17 of 200 full-time student positions may be filled at any one 

18 time by private sector employees enrolled under this sec19 tion, on a yearly basis. Upon successful completion of the 

20 course of instruction in which enrolled, any such private 

21 sector employee may be awarded an appropriate certifi22 cation or diploma. 

23 (b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For 

24 purposes of this section, an eligible private sector employee 

25 is an individual employed by a private firm that is engaged 


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1 in providing to the Department of Defense or other Gov2 ernment departments or agencies significant and substan3 tial defense-related systems, products, or services, or 

4 whose work product is relevant to national security policy 

5 or strategy. A private sector employee remains eligible for 

6 such instruction only so long as that person remains em7 ployed by an eligible private sector firm. 

8 (c) PROGRAM REQUIREMENTS.—The Secretary of 

9 Defense shall ensure that— 

10 (1) the curriculum in which private sector em11 ployees may be enrolled under this section is not 

12 readily available through other schools; and 

13 (2) the course offerings at the Defense Cyber 

14 Investigations Training Academy continue to be de15 termined solely by the needs of the Department of 

16 Defense. 

17 (d) TUITION.—The Defense Cyber Investigations 

18 Training Academy shall charge students enrolled under 

19 this section a rate that is at least the rate charged for 

20 employees of the United States, including overhead. 

21 (e) STANDARDS OF CONDUCT.—While receiving in22 struction at the Defense Cyber Investigations Training 

23 Academy, students enrolled under this section, to the ex24 tent practicable, are subject to the same regulations gov25 erning academic performance, attendance, norms of beVerDate Nov 24 2008 02:12 Jun 03, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.IH H2647

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1 havior, and enrollment as apply to Government civilian 

2 employees receiving instruction at the academy. 

3 (f) USE OF FUNDS.—Notwithstanding section 3302 

4 of title 31, United States Code, or any other provision of 

5 law, amounts received by the Defense Cyber Investigations 

6 Training Academy for instruction of students enrolled 

7 under this section shall be retained by the academy to de8 fray the costs of such instruction. The source, and the dis9 position, of such funds shall be specifically identified in 

10 records of the academy. 

11 TITLE XII—MATTERS RELATING 

12 TO FOREIGN NATIONS 

13 SEC. 1201. ONE-YEAR EXTENSION OF COMMANDERS’ EMER14 GENCY RESPONSE PROGRAM AND EXTEN15 SION OF DUE DATE FOR QUARTERLY RE16 PORTS TO CONGRESS. 

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

18 (1) AUTHORITY FOR FISCAL YEAR 2010.—Sub19 section (a) of section 1202 of the National Defense 

20 Authorization Act for Fiscal Year 2006 (Public Law 

21 109–163; 119 Stat. 3455), as most recently amend22 ed by section 1214 of the Duncan Hunter National 

23 Defense Authorization Act for Fiscal Year 2009 

24 (Public Law 110–417; 122 Stat. 4630), is amend25 ed— 


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1 (A) in the subsection heading, by striking 

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

3 ‘‘FISCAL YEAR 2010’’; 

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

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

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

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

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

9 2009’’ and inserting ‘‘$1,500,000,000’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

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

12 2009. 

13 (b) EXTENSION OF DUE DATE FOR QUARTERLY RE14 PORTS.—Subsection (b)(1) of such section is amended— 

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

16 days’’; and 

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

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

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

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

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

22 date of the enactment of the Duncan Hunter National De23 fense Authorization Act for Fiscal Year 2009’’ and insert24 ing ‘‘October 14, 2008,’’. 


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1 SEC. 1202. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 

2 AND SERVICES PRODUCED IN CENTRAL ASIA, 

3 PAKISTAN, AND THE SOUTH CAUCASUS. 

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

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

6 transition, reconstruction, and humanitarian relief activi7 ties) in Afghanistan for which the Secretary of Defense 

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

9 Secretary may conduct a procurement in which— 

10 (1) competition is limited to products or serv11 ices that are from Central Asia, Pakistan, or the 

12 South Caucasus; 

13 (2) procedures other than competitive proce14 dures are used to award a contract to a particular 

15 source or sources from Central Asia, Pakistan, or 

16 the South Caucasus; or 

17 (3) a preference is provided for products or 

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

19 South Caucasus. 

20 (b) DETERMINATION.—A determination described in 

21 this subsection is a determination by the Secretary that— 

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

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

24 personnel of Afghanistan, the United States, Allies, 

25 or coalition partners; or 


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

2 United States to limit competition, use procedures 

3 other than competitive procedures, or provide a pref4 erence as described in subsection (a) because— 

5 (A) such limitation, procedure, or pref6 erence is necessary— 

7 (i) to improve local market and trans8 portation infrastructure in Central Asia, 

9 Pakistan, or the South Caucasus in order 

10 to reduce overall United States transpor11 tation costs and risks in shipping goods in 

12 support of operations in Afghanistan; 

13 (ii) to encourage states of Central 

14 Asia, Pakistan, or the South Caucasus to 

15 cooperate in expanding supply routes 

16 through their territory in support of oper17 ations in Afghanistan; or 

18 (iii) to help develop a more robust and 

19 enduring commercial and transportation 

20 network in Central Asia, Pakistan, or the 

21 South Caucasus that will connect Afghani22 stan to its neighbors, promote regional 

23 commerce, diversify existing infrastructure 

24 in the region, and bolster stability and 

25 prosperity in the region; and 


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1 (B) such limitation, procedure, or pref2 erence will not adversely affect— 

3 (i) operations in Afghanistan; or 

4 (ii) the United States industrial base. 

5 (c) PRODUCTS, SERVICES, AND SOURCES FROM CEN6 TRAL ASIA, PAKISTAN, OR THE SOUTH CAUCASUS.—For 

7 the purposes of this section: 

8 (1) A product is from the Central Asia, Paki9 stan, or the South Caucasus if it is mined, produced, 

10 or manufactured in Georgia, the Kyrgyz Republic, 

11 Pakistan, the Republic of Armenia, the Republic of 

12 Azerbaijan, the Republic of Kazakhstan, the Repub13 lic of Tajikistan, the Republic of Uzbekistan, or 

14 Turkmenistan. 

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

16 the South Caucasus if it is performed in Georgia, 

17 the Kyrgyz Republic, Pakistan, the Republic of Ar18 menia, the Republic of Azerbaijan, the Republic of 

19 Kazakhstan, the Republic of Tajikistan, the Repub20 lic of Uzbekistan, or Turkmenistan by citizens or 

21 permanent resident aliens of Georgia, the Kyrgyz 

22 Republic, Pakistan, the Republic of Armenia, the 

23 Republic of Azerbaijan, the Republic of Kazakhstan, 

24 the Republic of Tajikistan, the Republic of 

25 Uzbekistan, or Turkmenistan. 


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

2 the South Caucasus if it— 

3 (A) is located in Georgia, the Kyrgyz Re4 public, Pakistan, the Republic of Armenia, the 

5 Republic of Azerbaijan, the Republic of 

6 Kazakhstan, the Republic of Tajikistan, the Re7 public of Uzbekistan, or Turkmenistan; and 

8 (B) offers products or services that are 

9 from Georgia, the Kyrgyz Republic, Pakistan, 

10 the Republic of Armenia, the Republic of Azer11 baijan, the Republic of Kazakhstan, the Repub12 lic of Tajikistan, the Republic of Uzbekistan, or 

13 Turkmenistan. 

14 (d) CONSTRUCTION WITH OTHER AUTHORITY.—The 

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

16 authority set out in section 886 of the National Defense 

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

18 181; 122 Stat. 266; 10 U.S.C. 2302 note). 


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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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