243 
(b) DIRECTOR.—The Secretary shall appoint a direc-
tor of the Center. 
(c) ACTIVITIES OF THE CENTER.—In addition to other 
functions performed by the combat casualty care program, 
the Center shall— 
(1) provide a public-private partnership for 
funding clinical trials and clinical research in com-
bat injury; 
(2) integrate basic and clinical research from 
both military and civilian populations to accelerate 
improvements to trauma care; 
(3) ensure that data from both military and ci-
vilian entities, including the Joint Theater Trauma 
Registry and the National Trauma Data Bank, are 
optimally used to establish research strategies and 
measure improvements in outcomes; 
(4) fund the full range of injury research and 
evaluation, including— 
(A) basic, translational, and clinical re-
search; 
(B) point of injury and pre-hospital care; 
(C) early resuscitative management; 
(D) initial and definitive surgical care; and 
(E) rehabilitation and reintegration into 
society; and 
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(5) coordinate the collaboration of military and 
civilian institutions conducting trauma research. 
(d) AUTHORIZATION.—In addition to any other funds 
authorized to be appropriated for the combat casualty care 
program of the Army Medical Research and Materiel Com-
mand, there is hereby authorized to be appropriated to the 
Secretary $1,000,000 for fiscal year 2010 for the purpose 
of carrying out activities under this section. 
Subtitle B—Reports 
SEC. 711. REPORT ON POST-TRAUMATIC STRESS DISORDER 
EFFORTS. 
(a) REPORT REQUIRED.—Not later than December 31, 
2010, the Secretary of Defense and the Secretary of Veterans 
Affairs, in consultation with the Secretary of Health and 
Human Services, shall jointly submit to the appropriate 
committees a report on the treatment of post-traumatic 
stress disorder. The report shall include the following: 
(1) A list of each program and method available 
for the prevention, screening, diagnosis, treatment, or 
rehabilitation of post-traumatic stress disorder, in-
cluding— 
(A) the rates of success for each such pro-
gram or method (including an operational defi-
nition of the term ‘‘success’’ and a discussion of 
the process used to quantify such rates); 
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(B) the number of members of the Armed 
Forces and veterans diagnosed by the Depart-
ment of Defense or the Department of Veterans 
Affairs as having post-traumatic stress disorder 
and the number of such veterans who have been 
successfully treated; and 
(C) any collaborative efforts between the De-
partment of Defense and the Department of Vet-
erans Affairs to prevent, screen, diagnose, treat, 
or rehabilitate post-traumatic stress disorder. 
(2) The status of studies and clinical trials in-
volving innovative treatments of post-traumatic stress 
disorder that are conducted by the Department of De-
fense, the Department of Veterans Affairs, or the pri-
vate sector, including— 
(A) efforts to identify physiological markers 
of post-traumatic stress disorder; 
(B) with respect to efforts to determine cau-
sation of post-traumatic stress disorder, brain 
imaging studies and the correlation between 
brain region atrophy and post-traumatic stress 
disorder diagnoses and the results (including any 
interim results) of such efforts; 
(C) the effectiveness of administering phar-
maceutical agents before, during, or after a trau-
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matic event in the prevention and treatment of 
post-traumatic stress disorder; and 
(D) identification of areas in which the De-
partment of Defense and the Department of Vet-
erans Affairs may be duplicating studies, pro-
grams, or research with respect to post-traumatic 
stress disorder. 
(3) A description of each treatment program for 
post-traumatic stress disorder, including a compari-
son of the methods of treatment by each program, at 
the following locations: 
(A) Fort Hood, Texas. 
(B) Fort Bliss, Texas. 
(C) Fort Campbell, Tennessee. 
(D) Other locations the Secretary of Defense 
considers appropriate. 
(4) The respective annual expenditure by the De-
partment of Defense and the Department of Veterans 
Affairs for the treatment and rehabilitation of post- 
traumatic stress disorder. 
(5) A description of gender-specific and racial 
and ethnic group-specific mental health treatment 
and services available for members of the Armed 
Forces, including— 
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(A) the availability of such treatment and 
services; 
(B) the access to such treatment and serv-
ices; 
(C) the need for such treatment and serv-
ices; and 
(D) the efficacy and adequacy of such treat-
ment and services. 
(6) A description of areas for expanded future 
research with respect to post-traumatic stress dis-
order. 
(7) Any other matters the Secretaries consider 
relevant. 
(b) UPDATED REPORT REQUIRED.—Not later than 
December 31, 2012, the Secretary of Defense and the Sec-
retary of Veterans Affairs, in consultation with the Sec-
retary of Health and Human Services, shall jointly submit 
to the appropriate committees an update of the report re-
quired by subsection (a). 
(c) APPROPRIATE COMMITTEES DEFINED.—In this 
section, the term ‘‘appropriate committees’’ means— 
(1) the Committee on Armed Services, the Com-
mittee on Appropriations, the Committee on Veterans’ 
Affairs, and the Committee on Energy and Commerce 
of the House of Representatives; and 
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(2) the Committee on Armed Services, the Com-
mittee on Appropriations, the Committee on Veterans’ 
Affairs, and the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
SEC. 712. REPORT ON THE FEASIBILITY OF TRICARE PRIME 
IN CERTAIN COMMONWEALTHS AND TERRI-
TORIES OF THE UNITED STATES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall 
conduct a study examining the feasibility and cost-effective-
ness of offering TRICARE Prime in each of the following 
locations: 
(1) American Samoa. 
(2) Guam. 
(3) The Commonwealth of the Northern Mariana 
Islands. 
(4) The Commonwealth of Puerto Rico. 
(5) The Virgin Islands. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report on the study. 
(c) TRICARE PRIME DEFINED.—In this section, the 
term ‘‘TRICARE Prime’’ has the meaning given that term 
in section 1097a(f)(1) of title 10, United States Code. 
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SEC. 713. REPORT ON THE HEALTH CARE NEEDS OF MILI-
TARY FAMILY MEMBERS. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report on the health care needs of dependents (as de-
fined in section 1072(2) of title 10, United States Code). 
The report shall include, at a minimum, the following: 
(1) With respect to both the direct care system 
and the purchased care system, an analysis of the 
type of health care facility in which dependents seek 
care. 
(2) The 10 most common medical conditions for 
which dependents seek care. 
(3) The availability of and access to health care 
providers to treat the conditions identified under 
paragraph (2), both in the direct care system and the 
purchased care system. 
(4) Any shortfalls in the ability of dependents to 
obtain required health care services. 
(5) Recommendations on how to improve access 
to care for dependents. 
(b) PILOT PROGRAM.— 
(1) ELEMENTS.—The Secretary of the Army 
shall carry out a pilot program on the mental health 
care needs of military children and adolescents. In 
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carrying out the pilot program, the Secretary shall es-
tablish a center to— 
(A) develop teams to train primary care 
managers in mental health evaluations and 
treatment of common psychiatric disorders af-
fecting children and adolescents; 
(B) develop strategies to reduce barriers to 
accessing behavioral health services and encour-
age better use of the programs and services by 
children and adolescents; and 
(C) expand the evaluation of mental heath 
care using common indicators, including— 
(i) psychiatric hospitalization rates; 
(ii) 
non-psychiatric 
hospitalization 
rates; and 
(iii) mental health relative value units. 
(2) REPORTS.— 
(A) INTERIM REPORT.—Not later than 90 
days after establishing the pilot program, the 
Secretary of the Army shall submit to the con-
gressional defense committees a report describing 
the— 
(i) structure and mission of the pro-
gram; and 
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(ii) the resources allocated to the pro-
gram. 
(B) FINAL REPORT.—Not later than Sep-
tember 30, 2012, the Secretary of the Army shall 
submit to the congressional defense committees a 
report that addresses the elements described 
under paragraph (1). 
SEC. 714. REPORT ON STIPENDS FOR MEMBERS OF RE-
SERVE COMPONENTS FOR HEALTH CARE FOR 
CERTAIN DEPENDENTS. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report on stipends paid 
under section 704 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 188; 
10 U.S.C. 1076 note). The report shall include— 
(1) the number of stipends paid; 
(2) the amount of the average stipend; and 
(3) the number of members who received such sti-
pends. 
SEC. 715. REPORT ON THE REQUIRED NUMBER OF MILI-
TARY MENTAL HEALTH PROVIDERS. 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the appropriate 
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number of military mental health providers required to 
meet the mental health care needs of members of the Armed 
Forces, retired members, and dependents. The report shall 
include, at a minimum, the following: 
(1) An evaluation of the recommendation titled 
‘‘Ensure an Adequate Supply of Uniformed Pro-
viders’’ made by the Department of Defense Task 
Force on Mental Health established by section 723 of 
the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3348). 
(2) The criteria and models used to determine 
the appropriate number of military mental health 
providers. 
(3) A plan for how the Secretary of Defense will 
achieve the appropriate number of military mental 
health providers, including timelines, budgets, and 
any additional legislative authority the Secretary de-
termines is required for such plan. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Temporary authority to acquire products and services produced in 
countries along a major route of supply to Afghanistan; Report. 
Sec. 802. Assessment of improvements in service contracting. 
Sec. 803. Display of annual budget requirements for procurement of contract 
services and related clarifying technical amendments. 
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Sec. 804. Demonstration authority for alternative acquisition process for defense 
information technology programs. 
Sec. 805. Limitation on performance of product support integrator functions. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 811. Revision of Defense Supplement relating to payment of costs prior to 
definitization. 
Sec. 812. Revisions to definitions relating to contracts in Iraq and Afghanistan. 
Sec. 813. Amendment to notification requirements for awards of single source 
task or delivery orders. 
Sec. 814. Clarification of uniform suspension and debarment requirement. 
Sec. 815. Extension of authority for use of simplified acquisition procedures for 
certain commercial items. 
Sec. 816. Revision to definitions of major defense acquisition program and major 
automated information system. 
Sec. 817. Small Arms Production Industrial Base. 
Sec. 818. Publication of justification for bundling of contracts of the Department 
of Defense. 
Sec. 819. Contract authority for advanced component development or prototype 
units. 
Subtitle C—Other Matters 
Sec. 821. Enhanced expedited hiring authority for defense acquisition workforce 
positions. 
Sec. 822. Acquisition Workforce Development Fund amendments. 
Sec. 823. Reports to Congress on full deployment decisions for major automated 
information system programs. 
Sec. 824. Requirement for Secretary of Defense to deny award and incentive fees 
to companies found to jeopardize health or safety of Government 
personnel. 
Sec. 825. Authorization for actions to correct the industrial resource shortfall for 
high-purity beryllium metal in amounts not in excess of 
$85,000,000. 
Sec. 826. Review of post employment restrictions applicable to the Department of 
Defense. 
Sec. 827. Requirement to buy military decorations, ribbons, badges, medals, insig-
nia, and other uniform accouterments produced in the United 
States. 
Sec. 828. Findings and report on the usage of rare earth materials in the defense 
supply chain. 
Sec. 829. Furniture standards. 
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Subtitle A—Acquisition Policy and 
Management 
SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS 
AND SERVICES PRODUCED IN COUNTRIES 
ALONG A MAJOR ROUTE OF SUPPLY TO AF-
GHANISTAN; REPORT. 
(a) IN GENERAL.—In the case of a product or service 
to be acquired in support of military or stability operations 
in Afghanistan for which the Secretary of Defense makes 
a determination described in subsection (b), the Secretary 
may conduct a procurement in which— 
(1) competition is limited to products or services 
that are from one or more countries along a major 
route of supply to Afghanistan; or 
(2) a preference is provided for products or serv-
ices that are from one or more countries along a 
major route of supply to Afghanistan. 
(b) DETERMINATION.—A determination described in 
this subsection is a determination by the Secretary that— 
(1) the product or service concerned is to be used 
only by personnel that ship goods, or provide support 
for shipping goods, for military forces, police, or other 
security personnel of Afghanistan, or for military or 
civilian personnel of the United States, United States 
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allies, or Coalition partners operating in military or 
stability operations in Afghanistan; 
(2) it is in the national security interest of the 
United States to limit competition or provide a pref-
erence as described in subsection (a) because such lim-
itation or preference is necessary— 
(A) to reduce overall United States trans-
portation costs and risks in shipping goods in 
support of military or stability operations in Af-
ghanistan; 
(B) to encourage countries along a major 
route of supply to Afghanistan to cooperate in 
expanding supply routes through their territory 
in support of military or stability operations in 
Afghanistan; or 
(C) to help develop more robust and endur-
ing routes of supply to Afghanistan; and 
(3) limiting competition or providing a pref-
erence as described in subsection (a) will not ad-
versely affect— 
(A) military or stability operations in Af-
ghanistan; or 
(B) the United States industrial base. 
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(c) PRODUCTS, SERVICES, AND SOURCES FROM
A 
COUNTRY ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANI-
STAN.—For the purposes of this section: 
(1) A product is from a country along a major 
route of supply to Afghanistan if it is mined, pro-
duced, or manufactured in a covered country. 
(2) A service is from a country along a major 
route of supply to Afghanistan if it is performed in 
a covered country by citizens or permanent resident 
aliens of a covered country. 
(3) A source is from a country along a major 
route of supply to Afghanistan if it— 
(A) is located in a covered country; and 
(B) offers products or services that are from 
a covered country. 
(d) COVERED COUNTRY DEFINED.—In this section, the 
term ‘‘covered country’’ means Georgia, Kyrgyzstan, Paki-
stan, 
Armenia, 
Azerbaijan, 
Kazakhstan, 
Tajikistan, 
Uzbekistan, or Turkmenistan. 
(e) CONSTRUCTION WITH OTHER AUTHORITY.—The 
authority provided in subsection (a) is in addition to the 
authority set forth in section 886 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 266; 10 U.S.C. 2302 note). 
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(f) TERMINATION OF AUTHORITY.—The Secretary of 
Defense may not exercise the authority provided in sub-
section (a) on and after the date occurring 18 months after 
the date of the enactment of this Act. 
(g) REPORT ON AUTHORITY.—Not later than April 1, 
2010, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the use of the author-
ity provided in subsection (a). The report shall address, at 
a minimum, following: 
(1) The number of determinations made by the 
Secretary pursuant to subsection (b). 
(2) A description of the products and services ac-
quired using the authority. 
(3) The extent to which the use of the authority 
has met the objectives of subparagraph (A), (B), or 
(C) of subsection (b)(2). 
(4) A list of the countries providing products or 
services as a result of a determination made pursuant 
to subsection (b). 
(5) Any recommended modifications to the au-
thority. 
SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE 
CONTRACTING. 
(a) ASSESSMENT REQUIRED.—The Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall 
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provide for an independent assessment of improvements in 
the procurement and oversight of services by the Depart-
ment of Defense. The assessment shall be conducted by a 
federally funded research and development center selected 
by the Under Secretary. 
(b) MATTERS COVERED.—The assessment required by 
subsection (a) shall include the following: 
(1) An assessment of the quality and complete-
ness of guidance relating to the procurement of serv-
ices, including implementation of statutory and regu-
latory authorities and requirements. 
(2) A determination of the extent to which best 
practices are being developed for setting requirements 
and developing statements of work. 
(3) A determination of whether effective stand-
ards to measure performance have been developed. 
(4) An assessment of the effectiveness of peer re-
views within the Department of Defense of contracts 
for services and whether such reviews are being con-
ducted at the appropriate dollar threshold. 
(5) An assessment of the management structure 
for the procurement of services, including how the 
military departments and Defense Agencies have im-
plemented section 2330 of title 10, United States 
Code. 
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(6) A determination of whether the performance 
savings goals required by section 802 of the National 
Defense Authorization Act for Fiscal Year 2002 (10 
U.S.C. 2330 note) are being achieved. 
(7) An assessment of the effectiveness of the Ac-
quisition Center of Excellence for Services established 
pursuant to section 1431(b) of the Services Acquisi-
tion Reform Act of 2003 (title XIV of Public Law 
108–136; 117 Stat. 1671; 41 U.S.C. 405 note) and the 
feasibility of creating similar centers of excellence in 
the military departments. 
(8) An assessment of the quality and sufficiency 
of the acquisition workforce for the procurement and 
oversight of services. 
(9) Such other related matters as the Under Sec-
retary considers appropriate. 
(c) REPORT.—Not later than March 10, 2010, the 
Under Secretary shall submit to the congressional defense 
committees a report on the results of the assessment, includ-
ing such comments and recommendations as the Under Sec-
retary considers appropriate. 
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260 
SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 
FOR PROCUREMENT OF CONTRACT SERVICES 
AND 
RELATED 
CLARIFYING 
TECHNICAL 
AMENDMENTS. 
(a) CODIFICATION OF REQUIREMENT FOR SPECIFICA-
TION OF AMOUNTS REQUESTED FOR PROCUREMENT OF 
CONTRACT SERVICES.— 
(1) IN GENERAL.—Chapter 9 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 235. Procurement of contract services: specification 
of amounts requested in budget 
‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA-
TION DOCUMENTS.—The Secretary of Defense shall submit 
to the President, as a part of the defense budget materials 
for a fiscal year, information described in subsection (b) 
with respect to the procurement of contract services. 
‘‘(b) INFORMATION PROVIDED.—For each budget ac-
count, the materials submitted shall clearly and separately 
identify— 
‘‘(1) the amount requested for the procurement of 
contract services for each Department of Defense com-
ponent, installation, or activity; 
‘‘(2) the amount requested for each type of serv-
ice to be provided; and 
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‘‘(3) the number of full-time contractor employees 
(or the equivalent of full-time in the case of part-time 
contractor employees) projected and justified for each 
Department of Defense component, installation, or ac-
tivity based on the inventory of contracts for services 
required by subsection (c) of section 2330a of this title 
and the review required by subsection (e) of such sec-
tion. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘contract services’— 
‘‘(A) means services from contractors; but 
‘‘(B) excludes services relating to research 
and development and services relating to mili-
tary construction. 
‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted to the President by the Secretary of Defense in 
support of the budget for that fiscal year. 
‘‘(3) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under section 
1105(a) of title 31.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
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‘‘235. Procurement of contract services: specification of amounts requested in 
budget’’. 
(3) REPEAL OF SUPERSEDED PROVISION.—Sec-
tion 806 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
221 note) is repealed. 
(b) CLARIFICATION OF CONTRACT SERVICES REVIEW 
AND PLANNING REQUIREMENTS.—Section 2330a(e) of title 
10, United States Code, is amended in paragraph (4) by 
inserting after ‘‘plan’’ the following: ‘‘and a contracts serv-
ices requirements approval process’’. 
SEC. 804. DEMONSTRATION AUTHORITY FOR ALTERNATIVE 
ACQUISITION PROCESS FOR DEFENSE INFOR-
MATION TECHNOLOGY PROGRAMS. 
(a) AUTHORITY.—The Secretary of Defense may des-
ignate up to 10 information technology programs annually 
to be included in a demonstration of an alternative acquisi-
tion process for rapidly acquiring information technology 
capabilities. In designating the programs, the Secretary 
may select any information technology program in any of 
the military departments or Defense Agencies that has re-
ceived milestone A approval, but has not yet received mile-
stone B approval. 
(b) PROCEDURES.—The Secretary of Defense shall es-
tablish procedures for the exercise of the authority under 
subsection (a), including a process for measuring the effec-
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tiveness of the alternative acquisition process to be dem-
onstrated. The Secretary of Defense shall notify the congres-
sional defense committees of those procedures before any ex-
ercise of that authority. 
(c) REQUIREMENT TO PAY FULL COST IN YEAR OF 
DELIVERY.—No contract to acquire an information tech-
nology system may be entered into using the authority 
under subsection (a) unless the funds for the full cost of such 
system are obligated or expended in the fiscal year of deliv-
ery of the system. 
(d) ANNUAL REPORT.—By March 1 of each year, be-
ginning March 1, 2010, and ending March 1, 2016, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on the activities carried out under the 
authority under subsection (a) during the preceding year. 
Each report shall include, at a minimum, the following: 
(1) A description of each information technology 
program in the demonstration, including goals, fund-
ing, and military department or Defense Agency 
sponsors. 
(2) A description of the methods for measuring 
the effectiveness of the alternative acquisition process 
for each information technology program in the dem-
onstration. 
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(3) Identification of any significant systemic or 
process issues impeding the effectiveness of the alter-
native acquisition process. 
(e) PERIOD
OF AUTHORITY.—The authority under 
subsection (a) shall be in effect during each of fiscal years 
2010 through 2015. 
SEC. 805. LIMITATION ON PERFORMANCE OF PRODUCT 
SUPPORT INTEGRATOR FUNCTIONS. 
(a) LIMITATION.— 
(1) IN
GENERAL.—Chapter 141 of title 10, 
United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2410r. Contractor sustainment support arrange-
ments: limitation on product support inte-
grator functions 
‘‘(a) LIMITATION.—A product support integrator func-
tion for a covered major system may be performed only by 
a member of the armed forces or an employee of the Depart-
ment of Defense. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘product support integrator func-
tion’ means the function of integrating all sources of 
support for a major system, both public and private, 
and includes the integration of sustainment support 
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arrangements at the level of the program office re-
sponsible for sustainment of such system. 
‘‘(2) The term ‘covered major system’ means a 
major system for which a sustainment support ar-
rangement is employed. 
‘‘(3) The term ‘sustainment support arrange-
ment’ means a contract, task order, or other contrac-
tual arrangement for the integration of sustainment 
or logistics support such as materiel management, 
configuration management, data management, sup-
ply, distribution, repair, overhaul, product improve-
ment, calibration, maintenance, readiness, reliability, 
availability, mean down time, customer wait time, 
foot print reduction, reduced ownership costs and 
other tasks normally performed as part of the logistics 
support required for a major system. The term in-
cludes any of the following arrangements: 
‘‘(A) Contractor performance-based logistics. 
‘‘(B) Contractor sustainment support. 
‘‘(C) Contractor logistics support. 
‘‘(D) Contractor life cycle product support. 
‘‘(E) Contractor weapons system product 
support. 
‘‘(3) The term ‘major system’ means that com-
bination of elements that will function together to 
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produce the capabilities required to fulfill a mission 
need as defined in section 2302(d) this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding after the item relating to section 2410q the fol-
lowing new item: 
‘‘2410r. Contractor sustainment support arrangements: limitation on product sup-
port integrator functions.’’. 
(b) EFFECTIVE DATE.—Section 2410r of title 10, 
United States Code, as added by subsection (a), shall apply 
to contracts entered into after September 30, 2010. 
Subtitle B—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 811. REVISION OF DEFENSE SUPPLEMENT RELATING 
TO 
PAYMENT 
OF 
COSTS 
PRIOR 
TO 
DEFINITIZATION. 
(a) REQUIREMENT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall revise the Defense Supplement to the Federal Acquisi-
tion Regulation to require that, if a clause relating to pay-
ment of costs prior to definitization of costs is included in 
a contract of the Department of Defense, the clause shall 
apply— 
(1) to the contract regardless of the type of con-
tract; and 
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(2) to each contractual action pursuant to the 
contract. 
(b) CONTRACTUAL ACTION.—In this section, the term 
‘‘contractual action’’ includes a task order or delivery order. 
SEC. 812. REVISIONS TO DEFINITIONS RELATING TO CON-
TRACTS IN IRAQ AND AFGHANISTAN. 
(a) REVISIONS TO DEFINITION OF CONTRACT IN IRAQ 
OR AFGHANISTAN.—Section 864(a)(2) of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended— 
(1) by striking ‘‘or a task order or delivery order 
at any tier issued under such a contract’’ and insert-
ing ‘‘a task order or delivery order at any tier issued 
under such a contract, a grant, or a cooperative 
agreement’’; 
(2) by striking in the parenthetical ‘‘or task 
order or delivery order’’ and inserting ‘‘task order, de-
livery order, grant, or cooperative agreement’’; 
(3) by striking ‘‘or task or delivery order’’ after 
the parenthetical and inserting ‘‘task order, delivery 
order, grant, or cooperative agreement’’; and 
(4) by striking ‘‘14 days’’ and inserting ‘‘30 
days’’. 
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(b) REVISION
TO DEFINITION
OF COVERED CON-
TRACT.—Section 864(a)(3) of such Act (Public Law 110– 
181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) by striking the period and inserting a semi-
colon at the end of subparagraph (C); and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(D) a grant for the performance of services 
in an area of combat operations, as designated 
by the Secretary of Defense under subsection (c) 
of section 862; or 
‘‘(E) a cooperative agreement for the per-
formance of services in such an area of combat 
operations.’’. 
(c) REVISION
TO DEFINITION
OF CONTRACTOR.— 
Paragraph (4) of section 864(a) of such Act (Public Law 
110–181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended 
to read as follows: 
‘‘(4) CONTRACTOR.—The term ‘contractor’, with 
respect to a covered contract, means— 
‘‘(A) in the case of a covered contract that 
is a contract, subcontract, task order, or delivery 
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269 
order, the contractor or subcontractor carrying 
out the covered contract; 
‘‘(B) in the case of a covered contract that 
is a grant, the grantee; and 
‘‘(C) in the case of a covered contract that 
is a cooperative agreement, the recipient.’’. 
(d) REVISION IN VALUE OF CONTRACTS COVERED BY 
CERTAIN REPORT.—Section 1248(c)(1)(B) of such Act 
(Public Law 110–181; 122 Stat. 400) is amended by strik-
ing ‘‘$25,000’’ and inserting ‘‘$100,000’’. 
SEC. 813. AMENDMENT TO NOTIFICATION REQUIREMENTS 
FOR AWARDS OF SINGLE SOURCE TASK OR 
DELIVERY ORDERS. 
(a) CONGRESSIONAL DEFENSE COMMITTEES.—Sub-
paragraph (B) of section 2304a(d)(3) of title 10, United 
States Code, is amended to read as follows: 
‘‘(B) The head of the agency shall notify the congres-
sional defense committees within 30 days after any deter-
mination under clause (i), (ii), (iii), or (iv) of subpara-
graph (A).’’. 
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES.— 
Any notification provided under subparagraph (B) of sec-
tion 2304a(d)(3) of title 10, United States Code, as amend-
ed by subsection (a), shall also be provided to the Permanent 
Select Committee on Intelligence of the House of Represent-
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270 
atives and the Select Committee on Intelligence of the Sen-
ate if the source of funds for the task or delivery order con-
tract concerned is the National Intelligence Program or the 
Military Intelligence Program. 
SEC. 814. CLARIFICATION OF UNIFORM SUSPENSION AND 
DEBARMENT REQUIREMENT. 
Section 2455(a) of the Federal Acquisition Stream-
lining Act of 1994 (31 U.S.C. 6101 note) is amended by 
inserting ‘‘at any level, including subcontracts at any tier,’’ 
in the second sentence after ‘‘any procurement or non-
procurement activity’’. 
SEC. 815. EXTENSION OF AUTHORITY FOR USE OF SIM-
PLIFIED 
ACQUISITION 
PROCEDURES 
FOR 
CERTAIN COMMERCIAL ITEMS. 
Section 4202 of the Clinger–Cohen Act of 1996 (Divi-
sion D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 
2304 note) as amended by section 822 of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 226) is amended in subsection (e) by 
striking ‘‘2010’’ and inserting ‘‘2012’’. 
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271 
SEC. 816. REVISION TO DEFINITIONS OF MAJOR DEFENSE 
ACQUISITION PROGRAM AND MAJOR AUTO-
MATED INFORMATION SYSTEM. 
(a) MAJOR DEFENSE ACQUISITION PROGRAM.—Sec-
tion 2430 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(d) In the case of a Department of Defense acquisition 
program that, by reason of paragraph (2) of section 
2445a(a) of this title, is a major automated information 
system program under chapter 144A of this title and that, 
by reason of paragraph (2) of subsection (a), is a major 
defense acquisition program under this chapter, the Sec-
retary of Defense may designate that program to be treated 
only as a major automated information system program 
or to be treated only as a major defense acquisition pro-
gram.’’. 
(b) MAJOR AUTOMATED INFORMATION SYSTEM.—Sec-
tion 2445a(a) of such title is amended by inserting ‘‘that 
is not a highly sensitive classified program (as determined 
by the Secretary of Defense)’’ after ‘‘(either as a product 
or service)’’. 
SEC. 817. SMALL ARMS PRODUCTION INDUSTRIAL BASE. 
Section 2473 of title 10, United States Code, is amend-
ed— 
(1) by amending subsection (c) to read as fol-
lows: 
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‘‘(c) SMALL ARMS PRODUCTION INDUSTRIAL BASE.— 
In this section, the term ‘small arms production industrial 
base’ means the persons and organizations that are engaged 
in the production or maintenance of small arms within the 
United States.’’; and 
(2) in subsection (d), by adding at the end the 
following new paragraph: 
‘‘(6) Pistols.’’. 
SEC. 818. PUBLICATION OF JUSTIFICATION FOR BUNDLING 
OF CONTRACTS OF THE DEPARTMENT OF DE-
FENSE. 
(a) REQUIREMENT TO PUBLISH JUSTIFICATION FOR 
BUNDLING.—A contracting officer of the Department of De-
fense carrying out a covered acquisition shall publish the 
justification required by paragraph (f) of subpart 7.107 of 
the Federal Acquisition Regulation on the website known 
as FedBizOpps.gov (or any successor site) 30 days prior 
to the release of a solicitation for such acquisition. 
(b) COVERED ACQUISITION DEFINED.—In this section, 
the term ‘‘covered acquisition’’ means an acquisition that 
is— 
(1) funded entirely using funds of the Depart-
ment of Defense; and 
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(2) covered by subpart 7.107 of the Federal Ac-
quisition Regulation (relating to acquisitions involv-
ing bundling). 
(c) CONSTRUCTION.—(1) Nothing in this section shall 
be construed to alter the responsibility of a contracting offi-
cer to provide the justification referred to in subsection (a) 
with respect to a covered acquisition, or otherwise provide 
notification, to any party concerning such acquisition 
under any other requirement of law or regulation. 
(2) Nothing in this section shall be construed to require 
the public availability of information that is exempt from 
public disclosure under section 552(b) of title 5, United 
States Code, or is otherwise restricted from public disclosure 
by law or executive order. 
(3) Nothing in this section shall be construed to require 
a contracting officer to delay the issuance of a solicitation 
in order to meet the requirements of subsection (a) if the 
expedited issuance of such solicitation is otherwise author-
ized under any other requirement of law or regulation. 
SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPO-
NENT DEVELOPMENT OR PROTOTYPE UNITS. 
(a) AUTHORITY.—A contract initially awarded from 
the competitive selection of a proposal resulting from a gen-
eral solicitation referred to in section 2302(2)(B) of title 
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10, United States Code, may contain a contract option 
for— 
(1) the provision of advanced component develop-
ment and prototype of technology developed in the 
initial underlying contract; or 
(2) the delivery of initial or additional prototype 
items if the item or a prototype thereof is created as 
the result of work performed under the initial com-
peted research contract. 
(b) DELIVERY.—A contract option as described in sub-
section (a)(2) shall require the delivery of the minimal 
amount of initial or additional prototype items to allow 
for the timely competitive solicitation and award of a fol-
low-on development or production contract for those items. 
Such contract option may have a value only up to three 
times the value of the base contract ceiling and any subse-
quent development or procurement must be subject to the 
terms of section 2304 of title 10, United States Code. 
(c) TERM.—A contract option as described in sub-
section (a)(1) shall be for a term of not more than 12 
months. 
(d) USE OF AUTHORITY.—Each military department 
may use the authority provided in subsection (a) to exercise 
a contract option described in that subsection up to four 
times a year, and the Secretary of Defense may approve 
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up to an additional four total options a year for projects 
supported by agencies of the Department of Defense, until 
September 30, 2014. 
(e) REPORT.—The Secretary of Defense shall submit 
to the congressional defense committees a report on the use 
of the authority provided by subsection (a) not later than 
March 1, 2014. The report shall, at a minimum, describe— 
(1) the number of times the contract options were 
exercised under such authority and the scope of each 
such option; 
(2) the circumstances that rendered the military 
department or defense agency unable to solicit and 
award a follow-on development or production contract 
in a timely fashion, but for the use of such authority; 
(3) the extent to which such authority increased 
competition and improved technology transition; and 
(4) any recommendations regarding the modi-
fication or extension of such authority. 
Subtitle C—Other Matters 
SEC. 821. ENHANCED EXPEDITED HIRING AUTHORITY FOR 
DEFENSE ACQUISITION WORKFORCE POSI-
TIONS. 
(a) IN GENERAL.—Section 1705(h)(1) of title 10, 
United States Code, is amended— 
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(1) in subparagraph (A), by striking ‘‘acquisi-
tion positions within the Department of Defense as 
shortage category positions’’ and inserting ‘‘acquisi-
tion workforce positions as positions for which there 
exists a shortage of candidates or there is a critical 
hiring need’’; and 
(2) in subparagraph (B), by striking ‘‘highly’’. 
(b) TECHNICAL AMENDMENT.—Such section is further 
amended by striking ‘‘United States Code,’’ in the matter 
preceding subparagraph (A). 
SEC. 822. ACQUISITION WORKFORCE DEVELOPMENT FUND 
AMENDMENTS. 
(a) REVISIONS TO CREDITS TO FUND.— 
(1) REMITTANCE BY FISCAL YEAR INSTEAD OF 
QUARTER.—Subparagraph (B) of section 1705(d)(2) 
of title 10, United States Code, is amended— 
(A) in the first sentence, by striking ‘‘the 
third fiscal year quarter’’ and all that follows 
through ‘‘thereafter’’ and inserting ‘‘each fiscal 
year’’; and 
(B) by striking ‘‘quarter’’ before ‘‘for serv-
ices’’. 
(2) AUTHORITY TO SUSPEND REMITTANCE RE-
QUIREMENT.—Section 1705(d)(2) of such title is fur-
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ther amended by adding at the end the following new 
subparagraph: 
‘‘(E) The Secretary of Defense may suspend the 
requirement to remit amounts under subparagraph 
(B), or reduce the amount required to be remitted 
under that subparagraph, for fiscal year 2010 or any 
subsequent fiscal year for which amounts appro-
priated to the Fund are in excess of the amount speci-
fied for that fiscal year in subparagraph (D).’’. 
(b) REVISION TO EMPLOYEES COVERED BY PROHIBI-
TION OF PAYMENT OF BASE SALARY.—Paragraph (5) of 
section 1705(e) of such title is amended by striking ‘‘who 
was an employee of the Department as of the date of the 
enactment of the National Defense Authorization Act for 
Fiscal Year 2008’’ and inserting ‘‘who, as of January 28, 
2008, was an employee of the Department serving in a posi-
tion in the acquisition workforce’’. 
(c) TECHNICAL AMENDMENTS.—Section 1705 of such 
title is further amended— 
(1) in subsection (a), by inserting ‘‘Develop-
ment’’ after ‘‘Workforce’’; and 
(2) in subsection (f), by striking ‘‘beginning with 
fiscal year 2008’’ in the matter preceding paragraph 
(1). 
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SEC. 823. REPORTS TO CONGRESS ON FULL DEPLOYMENT 
DECISIONS FOR MAJOR AUTOMATED INFOR-
MATION SYSTEM PROGRAMS. 
(a) 
IMPLEMENTATION
SCHEDULE.—Section 
2445b(b)(2) of title 10, United States Code, is amended by 
striking ‘‘, initial operational capability, and full oper-
ational capability’’ and inserting ‘‘and full deployment de-
cision’’. 
(b) 
CRITICAL
CHANGES
IN
PROGRAM.—Section 
2445c(d)(2)(A) of such title is amended by striking ‘‘initial 
operational capability’’ and inserting ‘‘a full deployment 
decision’’. 
SEC. 824. REQUIREMENT FOR SECRETARY OF DEFENSE TO 
DENY AWARD AND INCENTIVE FEES TO COM-
PANIES FOUND TO JEOPARDIZE HEALTH OR 
SAFETY OF GOVERNMENT PERSONNEL. 
(a) REQUIREMENT TO DENY AWARD AND INCENTIVE 
FEES.— 
(1) PRIME CONTRACTORS.—The Secretary of De-
fense shall prohibit the payment of award and incen-
tive fees to any defense contractor— 
(A) that has been determined, through a 
criminal, civil, or administrative proceeding 
that results in a disposition listed in subsection 
(c), in the performance of a covered contract to 
have caused serious bodily injury or death to 
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279 
any civilian or military personnel of the Govern-
ment through gross negligence or with reckless 
disregard for the safety of such personnel; or 
(B) that awarded a subcontract under a 
covered contract to a subcontractor that has been 
determined, through a criminal, civil, or admin-
istrative proceeding that results in a disposition 
listed in subsection (c), in the performance of the 
subcontract to have caused serious injury or 
death to any civilian or military personnel of 
the Government, through gross negligence or with 
reckless disregard for the safety of such per-
sonnel, but only to the extent that the defense 
contractor has been determined (through such a 
proceeding that results in such a disposition) 
that the defense contractor is also liable for such 
actions of the subcontractor. 
(2) SUBCONTRACTORS.—The Secretary of De-
fense shall prohibit the payment of award and incen-
tive fees to any subcontractor under a covered con-
tract that has been determined, through a criminal, 
civil, or administrative proceeding that results in a 
disposition listed in subsection (c), in the performance 
of a covered contract to have caused serious bodily in-
jury or death to any civilian or military personnel of 
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280 
the Government through gross negligence or with reck-
less disregard for the safety of such personnel. 
(b) DETERMINATION OF DEBARMENT.—Not later than 
90 days after a determination pursuant to subsection (a)(1) 
has been made, the Secretary shall determine whether the 
defense contractor should be debarred from contracting with 
the Department of Defense. 
(c) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR AD-
MINISTRATIVE PROCEEDINGS.—For purposes of subsection 
(a), the dispositions listed in this subsection are as follows: 
(1) In a criminal proceeding, a conviction. 
(2) In a civil proceeding, a finding of fault and 
liability that results in the payment of a monetary 
fine, penalty, reimbursement, restitution, or damages 
of $5,000 or more. 
(3) In an administrative proceeding, a finding 
of fault and liability that results in— 
(A) the payment of a monetary fine or pen-
alty of $5,000 or more; or 
(B) the payment of a reimbursement, res-
titution, or damages in excess of $100,000. 
(4) To the maximum extent practicable and con-
sistent with applicable laws and regulations, in a 
criminal, civil, or administrative proceeding, a dis-
position of the matter by consent or compromise with 
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281 
an acknowledgment of fault by the person if the pro-
ceeding could have led to any of the outcomes speci-
fied in paragraph (1), (2), or (3). 
(d) WAIVER.—The prohibition required by subsection 
(a) may be waived by the Secretary of Defense on a case- 
by-case basis if the Secretary finds that the prohibition 
would jeopardize national security. The Secretary shall no-
tify the congressional defense committees of any exercise of 
the waiver authority under this subsection. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘defense contractor’’ means a com-
pany awarded a covered contract. 
(2) The term ‘‘covered contract’’ means a con-
tract awarded by the Department of Defense for the 
procurement of goods or services. 
(3) The term ‘‘serious bodily injury’’ means a 
grievous physical harm that results in a permanent 
disability. 
(f) REGULATIONS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall prescribe regulations to implement the prohibition re-
quired by subsection (a) and shall establish in such regula-
tions— 
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(1) that the prohibition applies only to award 
and incentive fees under the covered contract con-
cerned; 
(2) the extent of the award and incentive fees 
covered by the prohibition, but shall include, at a 
minimum, all award and incentive fees associated 
with the performance of the covered contract in the 
year in which the serious bodily injury or death re-
sulting in a disposition listed in subsection (c) oc-
curred; and 
(3) mechanisms for recovery by or repayment to 
the Government of award and incentive fees paid to 
a contractor or subcontractor under a covered con-
tract prior to the determination. 
(g) EFFECTIVE DATE.—The prohibition required by 
subsection (a) shall apply to covered contracts awarded on 
or after the date occurring 180 days after the date of the 
enactment of this Act. 
SEC. 825. AUTHORIZATION FOR ACTIONS TO CORRECT THE 
INDUSTRIAL 
RESOURCE 
SHORTFALL 
FOR 
HIGH-PURITY 
BERYLLIUM 
METAL 
IN 
AMOUNTS NOT IN EXCESS OF $85,000,000. 
With respect to actions by the President under section 
303 of the Defense Production Act of 1950 (50 U.S.C. App. 
2093) to correct the industrial resource shortfall for high- 
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purity beryllium metal, the limitation in subsection 
(a)(6)(C) of such section shall be applied by substituting 
‘‘$85,000,000’’ for ‘‘$50,000,000’’. 
SEC. 826. REVIEW OF POST EMPLOYMENT RESTRICTIONS 
APPLICABLE TO THE DEPARTMENT OF DE-
FENSE. 
(a) REVIEW REQUIRED.—The Panel on Contracting 
Integrity, established pursuant to section 813 of the John 
Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364), shall review policies relating 
to post-employment restrictions on former Department of 
Defense personnel to determine whether such policies ade-
quately protect the public interest, without unreasonably 
limiting future employment options for former Department 
of Defense personnel. 
(b) MATTERS CONSIDERED.—In performing the review 
required by subsection (a), the Panel shall consider the ex-
tent to which current post-employment restrictions— 
(1) appropriately protect the public interest by 
preventing personal conflicts of interests and pre-
venting former Department of Defense officials from 
exercising undue or inappropriate influence on the 
Department of Defense; 
(2) appropriately require disclosure of personnel 
accepting employment with contractors of the Depart-
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ment of Defense involving matters related to their of-
ficial duties; 
(3) use appropriate thresholds, in terms of salary 
or duties, for the establishment of such restrictions; 
(4) are sufficiently straightforward and have 
been explained to personnel of the Department of De-
fense so that such personnel are able to avoid poten-
tial violations of post-employment restriction and 
conflicts of interest in interactions with former per-
sonnel of the Department; 
(5) adequately address personnel performing du-
ties in acquisition-related activities that are not cov-
ered by current restrictions relating to private sector 
employment following employment with the Depart-
ment of Defense and procurement integrity, such as 
personnel involved in— 
(A) the establishment of requirements; 
(B) testing and evaluation; and 
(C) the development of doctrine; 
(6) ensure that the Department of Defense has 
access to world-class talent, especially with respect to 
highly qualified technical, engineering, and acquisi-
tion expertise; and 
(7) ensure that service in the Department of De-
fense remains an attractive career option. 
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(c) COMPLETION OF THE REVIEW.—The Panel shall 
complete the review required by subsection (a) not later 
than one year after the date of the enactment of this Act. 
(d) REPORT TO COMMITTEES ON ARMED SERVICES.— 
Not later than 30 days after the completion of the review, 
the Panel shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report con-
taining the findings of the review and the recommendations 
of the Panel to the Secretary of Defense, including rec-
ommended legislative or regulatory changes, resulting from 
the review. 
(e) NATIONAL ACADEMY OF PUBLIC ADMINISTRATION 
ASSESSMENT.— 
(1) Not later than 30 days after the completion 
of the review, the Secretary of Defense shall enter into 
an arrangement with the National Academy of Public 
Administration to assess the findings and rec-
ommendations of the review. 
(2) Not later than 210 days after the completion 
of the review, the National Academy of Public Admin-
istration shall provide its assessment of the review to 
the Secretary, along with such additional rec-
ommendations as the National Academy may have. 
(3) Not later than 30 days after receiving the as-
sessment, the Secretary shall provide the assessment, 
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along with such comments as the Secretary considers 
appropriate, to the Committees on Armed Services of 
the Senate and the House of Representatives. 
SEC. 827. REQUIREMENT TO BUY MILITARY DECORATIONS, 
RIBBONS, BADGES, MEDALS, INSIGNIA, AND 
OTHER 
UNIFORM 
ACCOUTERMENTS 
PRO-
DUCED IN THE UNITED STATES. 
(a) REQUIREMENT.—Subchapter III of chapter 147 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2495c. Requirement to buy military decorations and 
other uniform accouterments from Amer-
ican sources; exceptions 
‘‘(a) BUY-AMERICAN REQUIREMENT.—A military ex-
change store or other nonappropriated fund instrumentality 
of the Department of Defense may not purchase for resale 
any military decorations, ribbons, badges, medals, insignia, 
and other uniform accouterments that are not produced in 
the United States. Competitive procedures shall be used in 
selecting the United States producer of the decorations. 
‘‘(b) HERALDIC QUALITY CONTROL.—No certificate of 
authority (contained in part 507 of title 32, Code of Federal 
Regulations) for the manufacture and sale of any item ref-
erence in subsection (a) by the Institute of Heraldry, the 
Navy Clothing and Textile Research Facility, or the Marine 
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Corps Combat Equipment and Support Systems for quality 
control and specifications purposes shall be permitted unless 
these items are from domestic material manufactured in the 
United States. 
‘‘(c) EXCEPTION.—Subsections (a) and (b) do not 
apply to the extent that the Secretary of Defense determines 
that a satisfactory quality and sufficient quantity of an 
item covered by subsection (a) and produced in the United 
States cannot be procured at a reasonable cost. 
‘‘(d) UNITED STATES DEFINED.—In this section, the 
term ‘United States’ includes the Commonwealth of Puerto 
Rico, Guam, the United States Virgin Islands, the Com-
monwealth of the Northern Mariana Islands, American 
Samoa, and any other territory or possession of the United 
States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by adding at 
the end the following new item: 
‘‘2495c. 
Requirement 
to 
buy 
military 
decorations 
and 
other 
uniform 
accouterments from American sources; exceptions.’’. 
(c) CONFORMING AMENDMENT.—Section 2533a(b)(1) 
of such title is amended— 
(1) in subparagraph (D), by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; or’’; and 
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(3) by adding at the end the following new sub-
paragraph: 
‘‘(F) military decorations, ribbons, badges, 
medals, 
insignia, 
and 
other 
uniform 
accouterments.’’. 
SEC. 828. FINDINGS AND REPORT ON THE USAGE OF RARE 
EARTH MATERIALS IN THE DEFENSE SUPPLY 
CHAIN. 
(a) FINDINGS.—Regarding the availability of rare 
earth materials and components containing rare earth ma-
terials in the defense supply chain Congress finds— 
(1) it is necessary, to the maximum extent prac-
ticable, to ensure the uninterrupted supply of stra-
tegic materials critical to national security, including 
rare earth materials and other items covered under 
section 2533b of title 10, United States Code, to sup-
port the defense supply-chain, particularly when 
many of those materials are supplied by primary 
producers in unreliable foreign nations; 
(2) many less common metals, including rare 
earths and thorium, are critical to modern tech-
nologies, including numerous defense critical tech-
nologies and these technologies cannot be built without 
the use of these metals and materials produced from 
them and therefore could qualify as strategic mate-
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rials, critical to national security, in which case the 
Strategic Materials Protection Board should rec-
ommend a strategy to the President to ensure the do-
mestic availability of these materials; and 
(3) there is a need to identify the strategic value 
placed on rare earth materials by foreign nations (in-
cluding China), and the Department of Defense’s sup-
ply-chain vulnerability related to rare earths and end 
items containing rare earths. 
(b) REPORT REQUIRED.—Not later than April 1, 
2010, the Comptroller General shall submit to the Commit-
tees on Armed Services of the Senate and House of Rep-
resentatives a report on the usage of rare earth materials 
in the supply chain of the Department of Defense. 
(c) OBJECTIVES OF REPORT.—The objectives of the re-
port required by subsection (b) shall be to determine the 
availability of rare earth materials, including ores, semi- 
finished rare earth products, components containing rare- 
earth materials, and other uses of rare earths by the Depart-
ment of Defense in its weapon systems. The following items 
shall be considered: 
(1) An analysis of past procurements and at-
tempted procurements by foreign governments or 
government- controlled entities, including mines and 
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mineral rights, of rare-earth resources outside such 
nation’s territorial boundaries. 
(2) An analysis of the worldwide availability of 
rare earths, such as samarium, neodymium, thorium 
and lanthanum, including current and potential do-
mestic sources for use in defense systems, including a 
projected analysis of projected availability of these 
materials in the export market. 
(3) A determination as to which defense systems 
are currently dependent on rare earths supplied by 
nondomestic sources, particularly neodymium iron 
boron magnets. 
(d) RARE EARTH DEFINED.—In this section, the term 
‘‘rare earth’’ means the chemical elements, all metals, begin-
ning with lanthanum, atomic number 57, and including 
all of the natural chemical elements in the periodic table 
following lanthanum up to and including lutetium, element 
number 71. The term also includes the elements yttrium 
and scandium. 
SEC. 829. FURNITURE STANDARDS. 
All Department of Defense purchases of furniture in 
the United States and its territories made from Department 
of Defense funds, including under design-build contracts, 
must meet the same quality standards as specified by the 
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291 
General Services Administration schedule program and the 
Department of Defense. 
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Role of commander of special operations command regarding personnel 
management policy and plans affecting special operations forces. 
Sec. 902. Special operations activities. 
Sec. 903. Redesignation of the Department of the Navy as the Department of the 
Navy and Marine Corps. 
Sec. 904. Authority to allow private sector civilians to receive instruction at De-
fense Cyber Investigations Training Academy of the Defense 
Cyber Crime Center. 
Sec. 905. Organizational structure of the Office of the Assistant Secretary of De-
fense for Health Affairs and the TRICARE Management Activ-
ity. 
Sec. 906. Requirement for Director of Operational Energy Plans and Programs 
to report directly to Secretary of Defense. 
Sec. 907. Increased flexibility for Combatant Commander Initiative Fund. 
Sec. 908. Repeal of requirement for a Deputy Under Secretary of Defense for 
Technology Security Policy within the Office of the Under Sec-
retary of Defense for Policy. 
Sec. 909. Recommendations to Congress by members of Joint Chiefs of Staff. 
Subtitle B—Space Activities 
Sec. 911. Submission and review of space science and technology strategy. 
Sec. 912. Converting the space surveillance network pilot program to a perma-
nent program. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Plan to address foreign ballistic missile intelligence analysis. 
Subtitle D—Other Matters 
Sec. 931. Joint Program Office for Cyber Operations Capabilities. 
Sec. 932. Defense Integrated Military Human Resources System Transition 
Council. 
Sec. 933. Department of Defense School of Nursing revisions. 
Sec. 934. Report on special operations command organization, manning, and 
management. 
Sec. 935. Study on the recruitment, retention, and career progression of uni-
formed and civilian military cyber operations personnel. 
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Subtitle A—Department of Defense 
Management 
SEC. 901. ROLE OF COMMANDER OF SPECIAL OPERATIONS 
COMMAND REGARDING PERSONNEL MANAGE-
MENT POLICY AND PLANS AFFECTING SPE-
CIAL OPERATIONS FORCES. 
Section 167(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (2), by striking subparagraph 
(J); and 
(2) inserting at the end the following new para-
graph: 
‘‘(5)(A) The Secretaries of the military departments 
shall coordinate with the commander of the special oper-
ations command regarding personnel management policy 
and plans as such policy and plans relate to the following: 
‘‘(i) Accessions, assignments, and command se-
lection for special operations forces. 
‘‘(ii) Compensation, promotions, retention, pro-
fessional development, and training of members of 
special operations forces. 
‘‘(iii) Readiness as it relates to manning guid-
ance and priority of fill for units of the special oper-
ations forces. 
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‘‘(B) The coordination required by subparagraph (A) 
shall be conducted in such a manner so as not to interfere 
with the authorities of the Secretary concerned regarding 
personnel management policy and plans.’’. 
SEC. 902. SPECIAL OPERATIONS ACTIVITIES. 
Section 167(j) of title 10, United States Code, is 
amended by striking paragraphs (1) through (10) and in-
serting the following new paragraphs: 
‘‘(1) Special reconnaissance. 
‘‘(2) Unconventional warfare. 
‘‘(3) Foreign internal defense. 
‘‘(4) Civil affairs operations. 
‘‘(5) Counterterrorism. 
‘‘(6) Psychological operations. 
‘‘(7) Information operations. 
‘‘(8) Counter proliferation of weapons of mass 
destruction. 
‘‘(9) Security force assistance. 
‘‘(10) Counterinsurgency operations. 
‘‘(11) Such other activities as may be specified 
by the President or the Secretary of Defense.’’. 
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SEC. 903. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) REDESIGNATION OF SECRETARY AND OTHER 
STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER STATUTORY OFFICES.—The po-
sitions of the Under Secretary of the Navy, the 
four Assistant Secretaries of the Navy, and the 
General Counsel of the Department of the Navy 
are redesignated as the Under Secretary of the 
Navy and Marine Corps, the Assistant Secre-
taries of the Navy and Marine Corps, and the 
General Counsel of the Department of the Navy 
and Marine Corps, respectively. 
(b) CONFORMING AMENDMENTS TO TITLE 10, UNITED 
STATES CODE.— 
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(1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 
Paragraph (8) of section 101(a) of title 10, United 
States Code, is amended to read as follows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the Navy 
and Marine Corps, and the Department of the Air 
Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as fol-
lows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking ‘‘There 
is a Secretary of the Navy’’ and inserting ‘‘There is 
a Secretary of the Navy and Marine Corps’’. 
(4) CHAPTER HEADINGS.— 
(A) The heading of chapter 503 of such title 
is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such title 
is amended to read as follows: 
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296 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is amend-
ed by striking ‘‘Department of the Navy’’ and 
‘‘Secretary of the Navy’’ each place they appear 
other than as specified in paragraphs (1), (2), 
(3), and (4) (including in section headings, sub-
section captions, tables of chapters, and tables of 
sections) and inserting ‘‘Department of the Navy 
and Marine Corps’’ and ‘‘Secretary of the Navy 
and Marine Corps’’, respectively, in each case 
with the matter inserted to be in the same type-
face and typestyle as the matter stricken. 
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 
5017(2), 5032(a), and 5042(a) of such title are 
amended by striking ‘‘Assistant Secretaries of the 
Navy’’ and inserting ‘‘Assistant Secretaries of 
the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in the 
table of sections at the beginning of chapter 503 
of such title, are each amended by inserting ‘‘and 
Marine Corps’’ after ‘‘of the Navy’’, with the 
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matter inserted in each case to be in the same 
typeface and typestyle as the matter amended. 
(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘Depart-
ment of the Navy’’ and ‘‘Secretary of the Navy’’ each 
place they appear and inserting ‘‘Department of the 
Navy and Marine Corps’’ and ‘‘Secretary of the Navy 
and Marine Corps’’, respectively. 
(2) OTHER REFERENCES.—Any reference in any 
law other than in title 10 or title 37, United States 
Code, or in any regulation, document, record, or other 
paper of the United States, to the Department of the 
Navy shall be considered to be a reference to the De-
partment of the Navy and Marine Corps. Any such 
reference to an office specified in subsection (b)(2) 
shall be considered to be a reference to that officer as 
redesignated by that section. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first day 
of the first month beginning more than 60 days after the 
date of the enactment of this Act. 
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SEC. 904. AUTHORITY TO ALLOW PRIVATE SECTOR CIVIL-
IANS TO RECEIVE INSTRUCTION AT DEFENSE 
CYBER INVESTIGATIONS TRAINING ACADEMY 
OF THE DEFENSE CYBER CRIME CENTER. 
(a) ADMISSION
OF PRIVATE SECTOR CIVILIANS.— 
Chapter 108 of title 10, United States Code, is amended 
by inserting after section 2167 the following new section: 
‘‘§ 2167a. Defense Cyber Investigations Training Acad-
emy: admission of private sector civilians 
to receive instruction 
‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of 
Defense may permit eligible private sector employees to re-
ceive instruction at the Defense Cyber Investigations Train-
ing Academy operating under the direction of the Defense 
Cyber Crime Center. No more than the equivalent of 200 
full-time student positions may be filled at any one time 
by private sector employees enrolled under this section, on 
a yearly basis. Upon successful completion of the course of 
instruction in which enrolled, any such private sector em-
ployee may be awarded an appropriate certification or di-
ploma. 
‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For 
purposes of this section, an eligible private sector employee 
is an individual employed by a private firm that is engaged 
in providing to the Department of Defense or other Govern-
ment departments or agencies significant and substantial 
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defense-related systems, products, or services, or whose work 
product is relevant to national security policy or strategy. 
A private sector employee remains eligible for such instruc-
tion only so long as that person remains employed by an 
eligible private sector firm. 
‘‘(c) PROGRAM REQUIREMENTS.—The Secretary of De-
fense shall ensure that— 
‘‘(1) the curriculum in which private sector em-
ployees may be enrolled under this section is not read-
ily available through other schools; and 
‘‘(2) the course offerings at the Defense Cyber In-
vestigations Training Academy continue to be deter-
mined solely by the needs of the Department of De-
fense. 
‘‘(d) TUITION.—The Secretary of Defense shall charge 
private sector employees enrolled under this section tuition 
at a rate that is at least equal to the rate charged for em-
ployees of the United States. In determining tuition rates, 
the Secretary shall include overhead costs of the Defense 
Cyber Investigations Training Academy. 
‘‘(e) STANDARDS OF CONDUCT.—While receiving in-
struction at the Defense Cyber Investigations Training 
Academy, students enrolled under this section, to the extent 
practicable, are subject to the same regulations governing 
academic performance, attendance, norms of behavior, and 
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enrollment as apply to Government civilian employees re-
ceiving instruction at the Academy. 
‘‘(f) USE OF FUNDS.—Amounts received by the Defense 
Cyber Investigations Training Academy for instruction of 
students enrolled under this section shall be retained by the 
Academy to defray the costs of such instruction. The source, 
and the disposition, of such funds shall be specifically iden-
tified in records of the Academy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2167 the following new item: 
‘‘2167a. Defense Cyber Investigations Training Academy: admission of private 
sector civilians to receive instruction.’’. 
SEC. 905. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF 
THE ASSISTANT SECRETARY OF DEFENSE 
FOR HEALTH AFFAIRS AND THE TRICARE 
MANAGEMENT ACTIVITY. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report on the organizational structure of the Office 
of the Assistant Secretary of Defense for Health Affairs and 
the TRICARE Management Activity. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following: 
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301 
(1) ORGANIZATIONAL
CHARTS.—Organizational 
charts for both the Office of the Assistant Secretary of 
Defense for Health Affairs and the TRICARE Man-
agement Activity showing, at a minimum, the senior 
positions in such office and such activity. 
(2) SENIOR
POSITION
DESCRIPTIONS.—A de-
scription of the policy-making functions and oversight 
responsibilities of each senior position in the Office of 
the Assistant Secretary of Defense for Health Affairs 
and the policy and program execution responsibilities 
of each senior position of the TRICARE Management 
Activity. 
(3) POSITIONS FILLED BY SAME INDIVIDUAL.—A 
description of which positions in both organizations 
are filled by the same individual. 
(4) ASSESSMENT.—An assessment of whether the 
senior personnel of the Office of the Assistant Sec-
retary of Defense for Health Affairs and the 
TRICARE Management Activity, as currently orga-
nized, are able to appropriately perform the discrete 
functions of policy formulation, policy and program 
execution, and program oversight. 
(c) DEFINITIONS.—In this section: 
(1) SENIOR POSITION.—The term ‘‘senior posi-
tion’’ means a position fill by a member of the senior 
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executive service or a position on the Executive Sched-
ule established pursuant to title 5, United States 
Code. 
(2) SENIOR PERSONNEL.—The term ‘‘senior per-
sonnel’’ means personnel who are members of the sen-
ior executive service or who fill a position listed on 
the Executive Schedule established pursuant to title 5, 
United States Code. 
SEC. 906. REQUIREMENT FOR DIRECTOR OF OPERATIONAL 
ENERGY PLANS AND PROGRAMS TO REPORT 
DIRECTLY TO SECRETARY OF DEFENSE. 
Paragraph (2) of section 139b(c) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) The Director shall report directly to the Sec-
retary of Defense.’’. 
SEC. 907. INCREASED FLEXIBILITY FOR COMBATANT COM-
MANDER INITIATIVE FUND. 
(a) INCREASE IN FUNDING LIMITATIONS.—Subpara-
graph (A) of section 166a(e)(1) of title 10, United States 
Code, is amended— 
(1) by striking ‘‘$10,000,000’’ and inserting 
‘‘$20,000,000’’; and 
(2) by striking ‘‘$15,000’’ and inserting ‘‘the in-
vestment unit cost threshold in effect under section 
2245a of this title’’. 
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303 
(b) COORDINATION WITH SECRETARY OF STATE.— 
Paragraph (6) of section 166a(b) of such title is amended 
by inserting after ‘‘assistance,’’ the following: ‘‘in coordina-
tion with the Secretary of State,’’. 
SEC. 908. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER 
SECRETARY OF DEFENSE FOR TECHNOLOGY 
SECURITY POLICY WITHIN THE OFFICE OF 
THE UNDER SECRETARY OF DEFENSE FOR 
POLICY. 
(a) REPEAL OF REQUIREMENT FOR POSITION.— 
(1) REPEAL.—Section 134b of title 10, United 
States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 4 of such title is 
amended by striking the item relating to section 134b. 
(b) PRIOR NOTIFICATION OF CHANGE IN REPORTING 
RELATIONSHIP FOR THE DEFENSE TECHNOLOGY SECURITY 
ADMINISTRATION.—The Secretary of Defense shall ensure 
that no covered action is taken until the expiration of 30 
legislative days after providing notification of such action 
to the Committees on Armed Services of the Senate and the 
House of Representatives. 
(c) COVERED ACTION DEFINED.—In this section, the 
term ‘‘covered action’’ means— 
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(1) the transfer of the Defense Technology Secu-
rity Administration to an Under Secretary or other 
office of the Department of Defense other than the 
Under Secretary of Defense for Policy; 
(2) the consolidation of the Defense Technology 
Security Administration with another office, agency, 
or field activity of the Department of Defense; or 
(3) the addition of management layers between 
the Director of the Defense Technology Security Ad-
ministration and the Under Secretary of Defense for 
Policy. 
SEC. 909. RECOMMENDATIONS TO CONGRESS BY MEMBERS 
OF JOINT CHIEFS OF STAFF. 
Section 151(f) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘After first’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) The members of the Joint Chiefs of Staff, individ-
ually or collectively, in their capacity as military advisers, 
shall provide advice to Congress on a particular matter 
when Congress requests such advice.’’. 
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386 
‘‘(4) Any additional matters the Secretary of De-
fense considers necessary to address. 
‘‘(c) SENIOR MANAGEMENT, FUNCTIONAL, AND TECH-
NICAL WORKFORCE.—Each strategic workforce plan under 
subsection (a) shall specifically address the shaping and im-
provement of the senior management, functional, and tech-
nical workforce (including scientists and engineers) of the 
Department of Defense, including the requirements set forth 
in subparagraphs (A) through (F) of subsection (b)(2). 
‘‘(d) DEFENSE ACQUISITION WORKFORCE.—(1) Each 
strategic workforce plan under subsection (a) shall specifi-
cally address the shaping and improvement of the defense 
acquisition workforce, including both military and civilian 
personnel. 
‘‘(2) For purposes of paragraph (1), each plan shall 
specifically address— 
‘‘(A) the requirements set forth in subparagraphs 
(A) through (F) of subsection (b)(2); 
‘‘(B) a plan for funding needed improvements in 
the military and civilian workforce of the Depart-
ment, including— 
‘‘(i) the funding programmed for defense ac-
quisition workforce improvements, including a 
specific identification of funding provided in the 
Department of Defense Acquisition Workforce 
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