284 
funding of the broadest range of innovative, highest 
quality clinical and experimental neuroscience studies 
for the benefit of members of the Armed Forces; 
(2) provide a partnership between the National 
Institutes of Health and the Defense Center of Excel-
lence for Psychological Health and Traumatic Brain 
Injury that will enable identification and funding of 
clinical and experimental neuroscience studies for the 
benefit of members of the Armed Forces; 
(3) use the results of the studies described in 
paragraph (1) and (2) to enhance the mission of the 
National Institutes of Health for the benefit of the 
public; and 
(4) provide a military and civilian collaborative 
environment for neuroscience-based medical problem- 
solving in critical areas affecting both military and 
civilian life, particularly post-traumatic stress dis-
order. 
(c) PERIOD OF FELLOWSHIP.—The period of any fel-
lowship under the Program shall not last more than 2 years 
and shall not continue unless agreed upon by the parties 
concerned. 
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TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. DISCLOSURE TO LITIGATION SUPPORT CONTRAC-
TORS. 
(a) IN GENERAL.—Section 2320 of title 10, United 
States Code, is amended— 
(1) in subsection (c)(2)— 
(A) by inserting ‘‘or covered litigation sup-
port contractor’’ after ‘‘covered Government sup-
port contractor’’; and 
(B) by inserting after ‘‘oversight of’’ the fol-
lowing: ‘‘, or preparation for litigation relating 
to,’’; and 
(2) by inserting after subsection (f) the following: 
‘‘(g) In this section, the term ‘covered litigation sup-
port contractor’ means a contractor (including an expert 
or technical consultant) under contract with the Depart-
ment of Defense to provide litigation support, which con-
tractor executes a contract with the Government agreeing 
to and acknowledging— 
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‘‘(1) that proprietary or nonpublic technical 
data furnished will be accessed and used only for the 
purposes stated in that contract; 
‘‘(2) that the covered litigation support con-
tractor will take all reasonable steps to protect the 
proprietary and nonpublic nature of the technical 
data furnished to the covered litigation support con-
tractor; and 
‘‘(3) that such technical data provided to the cov-
ered litigation support contractor under the authority 
of this section shall not be used by the covered litiga-
tion support contractor to compete against the third 
party for Government or non-Government contracts.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date that is 120 days 
after the date of the enactment of this Act. 
SEC. 802. DESIGNATION OF F135 AND F136 ENGINE DEVEL-
OPMENT AND PROCUREMENT PROGRAMS AS 
MAJOR SUBPROGRAMS. 
(a) DESIGNATION
AS MAJOR SUBPROGRAMS.—Not 
later than 30 days after the date of the enactment of this 
Act, the Secretary of Defense shall designate each of the en-
gine development and procurement programs described in 
subsection (b) as a major subprogram of the F–35 Light-
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287 
ning II aircraft major defense acquisition program, in ac-
cordance with section 2430a of title 10, United States Code. 
(b) DESCRIPTION.—For purposes of subsection (a), the 
engine development and procurement programs are the fol-
lowing: 
(1) The F135 engine development and procure-
ment program. 
(2) The F136 engine development and procure-
ment program. 
(c) ORIGINAL BASELINE.—For purposes of reporting 
requirements referred to in section 2430a(b) of title 10, 
United States Code, for the major subprograms designated 
under subsection (a), the Secretary shall use the Milestone 
B decision for each subprogram as the original baseline for 
the subprogram. 
(d) ACTIONS FOLLOWING CRITICAL COST GROWTH.— 
(1) IN GENERAL.—Subject to paragraph (2), to 
the extent that the Secretary elects to restructure the 
F–35 Lightning II aircraft major defense acquisition 
program subsequent to a reassessment and actions re-
quired by subsections (a) and (c) of section 2433a of 
title 10, United States Code, during fiscal year 2010, 
and also conducts such reassessment and actions with 
respect to the F135 and F136 engine development and 
procurement programs (including related reporting 
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based on the original baseline as defined in subsection 
(c)), the requirements of section 2433a of such title 
with respect to a major subprogram designated under 
subsection (a) shall be considered to be met with re-
spect to the major subprogram. 
(2) LIMITATION.—Actions taken in accordance 
with paragraph (1) shall be considered to meet the re-
quirements of section 2433a of title 10, United States 
Code, with respect to a major subprogram designated 
under subsection (a) only to the extent that designa-
tion as a major subprogram would require the Sec-
retary of Defense to conduct a reassessment and take 
actions pursuant to such section 2433a for such a 
subprogram upon enactment of this Act. The require-
ments of such section 2433a shall not be considered to 
be met with respect to such a subprogram in the event 
that additional programmatic changes, following the 
date of the enactment of this Act, cause the program 
acquisition unit cost or procurement unit cost of such 
a subprogram to increase by a percentage equal to or 
greater than the critical cost growth threshold (as de-
fined in section 2433(a)(5) of such title) for the sub-
program. 
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SEC. 803. CONFORMING AMENDMENTS RELATING TO IN-
CLUSION 
OF 
MAJOR 
SUBPROGRAMS 
TO 
MAJOR DEFENSE ACQUISITION PROGRAMS 
UNDER VARIOUS ACQUISITION-RELATED RE-
QUIREMENTS. 
(a) CONFORMING AMENDMENTS TO SECTION 2366a.— 
Section 2366a of such title is amended— 
(1) in subsections (a), (b)(1), and (b)(2)— 
(A) by inserting ‘‘or designated major sub-
program’’ after ‘‘major defense acquisition pro-
gram’’; and 
(B) by inserting ‘‘or subprogram’’ after 
‘‘program’’ each place it appears (other than 
after ‘‘major defense acquisition program’’, after 
‘‘space program’’ , before ‘‘requirements’’, and 
before ‘‘manager’’); and 
(2) in subsection (c)— 
(A) by redesignating paragraphs (2), (3), 
(4), and (5) as paragraphs (3), (4), (5), and (6), 
respectively; and 
(B) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The term ‘designated major subprogram’ 
means a major subprogram of a major defense acqui-
sition 
program 
as 
designated 
under 
section 
2430a(a)(1) of this title.’’. 
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(b) CONFORMING AMENDMENTS TO SECTION 2366b.— 
Section 2366b of such title is amended— 
(1) in subsections (a), (b)(1), and (c)(1)— 
(A) by inserting ‘‘or designated major sub-
program’’ after ‘‘major defense acquisition pro-
gram’’; and 
(B) by inserting ‘‘or subprogram’’ after 
‘‘program’’ each place it appears (other than 
after ‘‘major defense acquisition program’’, after 
‘‘future-years defense program’’, and after ‘‘space 
program’’); and 
(2) in subsection (g)— 
(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; and 
(B) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The term ‘designated major subprogram’ 
means a major subprogram of a major defense acqui-
sition 
program 
as 
designated 
under 
section 
2430a(a)(1) of this title.’’. 
(c) CONFORMING AMENDMENTS TO SECTION 2399.— 
Subsection (a) of section 2399 of such title is amended to 
read as follows: 
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‘‘(2) The provisions of this section shall apply to any 
major subprogram of a major defense acquisition program 
(as designated under section 2430a(a)(1) of this title) in 
the same manner as those provisions apply to a major de-
fense acquisition program, and any reference in this section 
to a program shall be treated as including such a subpro-
gram.’’. 
SEC. 804. ENHANCEMENT OF DEPARTMENT OF DEFENSE 
AUTHORITY TO RESPOND TO COMBAT AND 
SAFETY EMERGENCIES THROUGH RAPID AC-
QUISITION AND DEPLOYMENT OF URGENTLY 
NEEDED SUPPLIES. 
(a) REQUIREMENT
TO ESTABLISH PROCEDURES.— 
Subsection (a) of section 806 of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 
2302 note) is amended by striking ‘‘items that are—’’ and 
inserting ‘‘supplies that are—’’. 
(b) ISSUES TO BE ADDRESSED.—Subsection (b) of 
such section is amended— 
(1) in paragraph (1)(B), by striking ‘‘items’’ 
and inserting ‘‘supplies’’; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘items’’ and inserting ‘‘sup-
plies’’; 
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293 
(B) in subparagraph (A), by striking ‘‘an 
item’’ and inserting ‘‘the supplies’’; 
(C) in subparagraph (B), by striking ‘‘an 
item’’ and inserting ‘‘the supplies’’; and 
(D) in subparagraph (C), by inserting ‘‘and 
utilization’’ after ‘‘deployment’’. 
(c) RESPONSE
TO
COMBAT
EMERGENCIES.—Sub-
section (c) of such section is amended— 
(1) by striking ‘‘equipment’’ each place it ap-
pears and inserting ‘‘supplies’’; 
(2) by striking ‘‘combat capability’’ each place it 
appears; 
(3) by inserting ‘‘, or could result,’’ after ‘‘that 
has resulted’’ each place it appears; 
(4) by striking ‘‘fatalities’’ each place it appears 
and inserting ‘‘casualties’’; 
(5) in paragraphs (1) and (2)(A), by striking 
‘‘is’’ each place it appears and inserting ‘‘are’’; 
(6) in paragraph (3)— 
(A) by striking ‘‘The authority of this sec-
tion may not be used to acquire equipment in an 
amount aggregating more than $100,000,000 
during any fiscal year.’’; and 
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294 
(B) by inserting ‘‘in an amount aggre-
gating no more than $200,000,000’’ after ‘‘for 
that fiscal year’’; 
(7) in paragraph (4), by striking ‘‘Each such no-
tice’’ and inserting ‘‘For each such determination, the 
notice under the preceding sentence’’; and 
(8) in paragraph (5), by striking ‘‘that equip-
ment’’ and inserting ‘‘those supplies’’. 
(d) WAIVER
OF CERTAIN STATUES
AND REGULA-
TIONS.—Subsection (d)(1) of such section is amended by 
striking ‘‘equipment’’ in subparagraphs (A), (B), and (C) 
and inserting ‘‘supplies’’. 
(e) TESTING REQUIREMENT.—Subsection (e) of such 
section is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘an item’’ in the matter 
preceding subparagraph (A) and inserting ‘‘the 
supplies’’; and 
(B) in subparagraph (B), by striking ‘‘of 
the item’’ and all that follows through ‘‘require-
ments document’’ and inserting ‘‘of the supplies 
in meeting the original requirements for the sup-
plies (as stated in a statement of the urgent 
operational need’’; 
(2) in paragraph (2)— 
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(A) by striking ‘‘an item’’ and inserting 
‘‘supplies’’; and 
(B) by striking ‘‘the item’’ and inserting 
‘‘the supplies’’; and 
(3) in paragraph (3)— 
(A) by striking ‘‘If items’’ and inserting ‘‘If 
the supplies’’; and 
(B) by striking ‘‘items’’ each place it ap-
pears and inserting ‘‘supplies’’. 
(f) LIMITATION.—Subsection (f) of such section is 
amended to read as follows: 
‘‘(f) LIMITATION.—In the case of supplies that are part 
of a major system for which a low-rate initial production 
quantity determination has been made pursuant to section 
2400 of title 10, United States Code, the quantity of such 
supplies acquired using the procedures prescribed pursuant 
to this section may not exceed an amount consistent with 
complying with limitations on the quantity of articles ap-
proved for low-rate initial production for such system. Any 
such supplies shall be included in any relevant calculation 
of quantities for low-rate initial production for the system 
concerned.’’. 
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296 
SEC. 805. PROHIBITION ON CONTRACTS WITH ENTITIES EN-
GAGING IN COMMERCIAL ACTIVITY IN THE 
ENERGY SECTOR OF IRAN. 
(a) PROHIBITION ON CONTRACTS.— 
(1) PROHIBITION.—The Secretary of Defense 
may not enter into any contract with— 
(A) an entity that engages in commercial 
activity in the energy sector of Iran; or 
(B) a successor entity to the entity described 
in subparagraph (A). 
(2) DEFINITION.—For purposes of this sub-
section, an entity engages in commercial activity in 
the energy sector of Iran if the entity, with actual 
knowledge, engages in an activity for which sanctions 
have been imposed under section 5(a) of the Iran 
Sanctions Act of 1996 (50 U.S.C. 1701 note). 
(b) DURATION
OF PROHIBITION.—The prohibition 
under subsection (a) shall apply with respect to an entity 
(or successor entity)— 
(1) for a period of not less than 2 years begin-
ning on the date on which the prohibition is imposed; 
or 
(2) until such time as the Secretary of Defense 
determines and certifies to the congressional defense 
committees that— 
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(A) the entity whose activities were the 
basis for imposing the prohibition is no longer 
engaging in such activities; and 
(B) the Secretary has received reliable as-
surances that such entity (or successor entity) 
will not knowingly engage in such activities in 
the future, except that such prohibition shall re-
main in effect for a period of at least 1 year. 
(c) WAIVER.— 
(1) AUTHORITY.—The Secretary of Defense may 
waive the prohibition under subsection (a) with re-
spect to a contract if the Secretary determines that 
the contract is in the interest of national security. 
(2) NOTIFICATION.—Upon issuing a waiver 
under paragraph (1) with respect to a contract, the 
Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Rep-
resentatives, the Committee on Foreign Relations of 
the Senate, and the Committee on Foreign Affairs of 
the House of Representatives a notification that iden-
tifies the entity involved, the nature of the contract, 
and the rationale for issuing the waiver. 
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