[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1033 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1033

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2009

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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                          TITLE I--PROCUREMENT

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Rapid Acquisition Fund.
Sec. 106. Joint Improvised Explosive Device Defeat Fund.
Sec. 107. Defense Production Act purchases.
Sec. 108. Mine Resistant Ambush Protected Vehicle Fund.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 201. Authorization of appropriations.
                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
                  Subtitle B--Environmental Provisions

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

Sec. 321. Refined Petroleum Products, Marginal Expense Transfer 
                            Account.
                     TITLE IV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

Sec. 401. Working Capital Funds.
Sec. 402. National Defense Sealift Fund.
Sec. 403. Defense Health Program.
Sec. 404. Chemical Agents and Munitions Destruction, Defense.
Sec. 405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 406. Defense Inspector General.
Sec. 407. Defense Coalition Support Fund.
                Subtitle B--Armed Forces Retirement Home

Sec. 411. Authorization of appropriations for Armed Forces Retirement 
                            Home.
                     Subtitle C--Military Personnel

Sec. 421. Military personnel.
                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Personnel Strength Authorizations

Sec. 501. End strengths for Active Forces.
Sec. 502. End strengths for Selected Reserve.
Sec. 503. End strengths for Reserves on active duty in support of the 
                            Reserves.
Sec. 504. End strengths for military technicians (dual status).
Sec. 505. Fiscal year 2010 limitation on number of non-dual status 
                            technicians.
Sec. 506. Maximum number of Reserve personnel authorized to be on 
                            active duty for operational support.
            Subtitle B--Military Personnel Policy Generally

Sec. 511. Revisions to annual report requirement on joint officer 
                            management.
Sec. 512. Clarification of performance policies for military musical 
                            units and musicians.
Sec. 513. Enforcement of Servicemembers Civil Relief Act by the 
                            Attorney General and by private cause of 
                            action.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Extension of authority for income replacement payments for 
                            Reserve component members experiencing 
                            extended and frequent mobilization for 
                            active duty service.
 Subtitle B--Extension of Certain Bonus and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
                            authorities for Reserve Forces.
Sec. 612. One-year extension of certain bonus and special pay 
                            authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
                            nuclear officers.
Sec. 614. One-year extension of authorities relating to payment of 
                            other title 37 bonuses and special pay.
Sec. 615. One-year extension of authorities relating to payment of 
                            referral bonuses.
             Subtitle C--Retired Pay and Survivor Benefits

Sec. 621. Expansion of eligibility for concurrent receipt of retired 
                            pay and disability compensation.
                 TITLE VII--WOUNDED WARRIOR PROVISIONS

Sec. 701. Provision of special monthly compensation allowance to 
                            catastrophically injured service members 
                            recovering from combat or combat-related 
                            catastrophic injuries.
  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

Sec. 801. Permanent authority for use of simplified acquisition 
                            procedures for certain commercial items.
Sec. 802. Clarification of uniform suspension and debarment 
                            requirement.
Sec. 803. Extension and permanent authority for small business 
                            innovation research commercialization 
                            program.
Sec. 804. Authority for Government support contractors to have access 
                            to technical data belonging to prime 
                            contractors.
Sec. 805. Reports to Congress on full deployment decisions for major 
                            automated information system programs.
Sec. 806. Repeal of requirements for reporting on certain information 
                            technology investment programs.
Sec. 807. Modification of deadline for submission of annual report to 
                            Congress under section 2466 of title 10, 
                            United States Code.
Sec. 808. Revision to definitions of major defense acquisition program 
                            and major automated information system for 
                            purposes of certain costs, schedule, and 
                            performance reports.
Sec. 809. Exception for emergency operations.
Sec. 810. Contract authority for advanced development of initial or 
                            additional prototype units.
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Repeal of certain limitations on personnel and consolidation 
                            of reports on major Department of Defense 
                            headquarters activities.
Sec. 902. Repeal of certain laws pertaining to the Joint Committee for 
                            the Review of Counterproliferation 
                            Programs.
Sec. 903. Provision of space situational awareness services and 
                            information to non-United States Government 
                            entities.
                       TITLE X--GENERAL PROVISION

                     Subtitle A--Financial Matters

Sec. 1001. Authority for airlift transportation at Department of 
                            Defense rates for non-Department of Defense 
                            Federal cargoes.
Sec. 1002. Advance notice to Congress of transfer of funds from a 
                            working-capital fund.
          Subtitle B--Policy Relating to Vessels and Shipyards

Sec. 1011. Temporary reduction in statutory minimum number of aircraft 
                            carriers in active service.
                  Subtitle C--Counter-Drug Activities

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

Sec. 1031. Improved management of congressional reporting requirements 
                            applicable to Department of Defense.
Sec. 1032. Repeal of requirement for annual report on military museums.
                       Subtitle E--Other Matters

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

Sec. 1101. One-year extension of authority to waive annual limitation 
                            on premium pay and aggregate limitation on 
                            pay for Federal civlian employees working 
                            overseas.
             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Sec. 1201. One-year extension of Commanders' Emergency Response Program 
                            and extension of due date for quarterly 
                            reports to Congress.
Sec. 1202. Enhanced authority to acquire products and services produced 
                            in Central Asia, Pakistan, and the South 
                            Caucasus.
Sec. 1203. Authorization of appropriations for Afghanistan Security 
                            Forces Fund.
Sec. 1204. Authority to provide administrative services and support to 
                            coalition liaison officers of certain 
                            foreign nations assigned to joint forces 
                            command.
 TITLE XIII--MILITARY CONSTRUCTION, MILITARY FAMILY HOUSING, AND REAL 
                                PROPERTY

Sec. 1301. Temporary increase in cost threshold for use of operation 
                            and maintenance funds for unspecified minor 
                            military construction projects in 
                            Afghanistan.
Sec. 1302. Two-year extension of authority for pilot projects for 
                            acquisition or construction of military 
                            unaccompanied housing.
Sec. 1303. Consolidation and standardization of notice-and-wait 
                            requirements applicable to real property 
                            leases.

                          TITLE I--PROCUREMENT

SEC. 101. ARMY.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Army as follows:
            (1) For aircraft, $6,952,220,000.
            (2) For missiles, $1,901,679,000.
            (3) For weapons and tracked combat vehicles, 
        $3,211,418,000.
            (4) For ammunition, $2,422,530,000.
            (5) For other procurement, $16,133,117,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) Navy.--Funds are hereby authorized to be appropriated for 
fiscal year 2010 for procurement for the Navy as follows:
            (1) For aircraft, $19,294,865,000.
            (2) For weapons, including missiles and torpedoes, 
        $3,527,155,000.
            (3) For shipbuilding and conversion, $13,776,867,000.
            (4) For other procurement, $5,979,194,000.
    (b) Marine Corps.--Funds are hereby authorized to be appropriated 
for fiscal year 2010 for procurement for the Marine Corps in the amount 
of $2,765,083,000.
    (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for procurement of ammunition 
for the Navy and Marine Corps in the amount of $1,551,455,000.

SEC. 103. AIR FORCE.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for procurement for the Air Force as follows:
            (1) For aircraft, $12,902,717,000.
            (2) For ammunition, $1,079,281,000.
            (3) For missiles, $6,337,353,000.
            (4) For other procurement, $19,614,690,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

SEC. 105. RAPID ACQUISITION FUND.

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

SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.

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

SEC. 107. DEFENSE PRODUCTION ACT PURCHASES.

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

SEC. 108. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND.

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

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Department of Defense for research, development, 
test, and evaluation, as follows:
            (1) For the Army, $10,496,180,000.
            (2) For the Navy, $19,378,112,000.
            (3) For the Air Force, $28,022,113,000.
            (4) For Defense-wide activities, $21,048,138,000, of which 
        $190,770,000 is authorized for the Director of Operational Test 
        and Evaluation.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2010 
for the use of the Armed Forces and other activities and agencies of 
the Department of Defense for expenses, not otherwise provided for, for 
operation and maintenance, in amounts as follows:
            (1) For the Army, $83,445,543,000.
            (2) For the Navy, $41,289,929,000.
            (3) For the Marine Corps, $9,237,823,000.
            (4) For the Air Force, $44,775,027,000.
            (5) For the Defense-wide activities, $35,935,546,000.
            (6) For the Army Reserve, $2,824,522,000.
            (7) For the Navy Reserve, $1,346,560,000.
            (8) For the Marine Corps Reserve, $315,592.
            (9) For the Air Force Reserve, $3,205,153,000.
            (10) For the Army National Guard, $6,578,680,000.
            (11) For the Air National Guard, $6,175,623,000.
            (12) For the United States Court of Appeals for the Armed 
        Forces, $13,932,000.
            (13) For Environmental Restoration, Army, $415,864,000.
            (14) For Environmental Restoration, Navy, $285,869,000.
            (15) For Environmental Restoration, Air Force, 
        $494,276,000.
            (16) For Environmental Restoration, Defense-wide, 
        $11,100,000.
            (17) For Environmental Restoration, Formerly Used Defense 
        Sites, $267,700,000.
            (18) For Overseas Humanitarian, Disaster, and Civic Aid 
        programs, $109,869,000.
            (19) For Cooperative Threat Reduction programs, 
        $404,093,000.
            (20) For the Overseas Contingency Operations Transfer Fund, 
        $5,000,000.
            (21) For the Iraq Freedom Fund, $115,300,000.
            (22) For the Department of Defense Acquisition Workforce 
        Development Fund, $100,000,000.
            (23) For the Pakistan Counterinsurgency Capability Fund, 
        $700,000,000.

                  Subtitle B--Environmental Provisions

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN 
              COSTS IN CONNECTION WITH THE FORMER NANSEMOND ORDNANCE 
              DEPOT SITE, SUFFOLK, VIRGINIA.

    (a) Authority To Reimburse.--
            (1) Transfer amount.--Using funds described in subsection 
        (b) and notwithstanding section 2215 of title 10, United States 
        Code, the Secretary of Defense may transfer not more than 
        $68,623 during fiscal year 2010 to the Former Nansemond 
        Ordnance Depot Site Special Account, within the Hazardous 
        Substance Superfund.
            (2) Purpose of reimbursement.--The payment under paragraph 
        (1) is final payment to reimburse the Environmental Protection 
        Agency for all costs incurred in overseeing a time critical 
        removal action performed by the Department of Defense under the 
        Defense Environmental Restoration Program for ordnance and 
        explosive safety hazards at the Former Nansemond Ordnance Depot 
        Site, Suffolk, Virginia.
            (3) Interagency agreement.--The reimbursement described in 
        paragraph (2) is provided for in an interagency agreement 
        entered into by the Department of the Army and the 
        Environmental Protection Agency for the Former Nansemond 
        Ordnance Depot Site in December 1999.
    (b) Source of Funds.--Any payment under subsection (a) shall be 
made using funds authorized to be appropriated by section 301(17) for 
operation and maintenance for Environmental Restoration, Formerly Used 
Defense Sites.
    (c) Use of Funds.--The Environmental Protection Agency shall use 
the amount transferred under subsection (a) to pay costs incurred by 
the Agency at the Former Nansemond Ordnance Depot Site.

                      Subtitle C--Other Provisions

SEC. 321. REFINED PETROLEUM PRODUCTS, MARGINAL EXPENSE TRANSFER 
              ACCOUNT.

    (a) In General.--Chapter 131 of title 10, United States Code, is 
amended by inserting after section 2228 the following new section:
``Sec. 2228a. Refined Petroleum Products, Marginal Expense Transfer 
              Account
    ``(a) Account.--There is established in the Treasury the Refined 
Petroleum Products, Marginal Expense Transfer Account (hereinafter in 
this section referred to as the `Transfer Account'). During any fiscal 
year, amounts in the Transfer Account shall be available without 
further appropriation to pay the marginal costs needed to purchase up 
to the quantity of refined petroleum products specified in the fiscal 
year budget request for use by Department of Defense entities for such 
year.
    ``(b) Calculation of Marginal Costs.--Marginal costs shall be 
calculated as the difference between the actual market prices paid by 
the Department of Defense for the refined petroleum products purchased 
in a fiscal year and the prices specified for the purchase of such 
products in the President's budget for that year.
    ``(c) Transfer of Funds.--(1) During the course of any fiscal year, 
amounts sufficient to pay the marginal costs under subsection (a) shall 
be transferred from the Transfer Account to the Defense-Wide Working 
Capital Fund.
    ``(2) To the extent that the price specified for the purchase of 
refined petroleum products in the President's budget submission for a 
fiscal year exceed the actual market prices paid by the Department for 
such products purchased in that year, the difference in price shall be 
transferred from the Defense-Wide Working Capital Fund to the Transfer 
Fund and such amounts shall be cancelled.
    ``(3) The transfer of such additional amount needed, amounts not 
needed through August, and an estimate for September should be 
transferred before the end of the fiscal year, with a final accounting 
and transfer within 60 days after the end of the fiscal year.
    ``(4) The transfer authority provided by this section is in 
addition to any other transfer authority available to the Department of 
Defense.
    ``(d) Appropriation.--There is appropriated to the Transfer Account 
such sums as may be necessary to carry out this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2228 the following new item:

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

                     TITLE IV--OTHER AUTHORIZATIONS

                     Subtitle A--Military Programs

SEC. 401. WORKING CAPITAL FUNDS.

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

SEC. 402. NATIONAL DEFENSE SEALIFT FUND.

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

SEC. 403. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for the Defense Health Program, in the amount of $29,058,398,000, 
of which--
            (1) $28,123,154,000 is for Operation and Maintenance;
            (2) $613,102,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $322,142,000 is for Procurement.

SEC. 404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 2010 
for expenses, not otherwise provided for, for Chemical Agents and 
Munitions Destruction, Defense, $1,560,760,000, of which--
            (1) $1,146,802,000 is for Operation and Maintenance;
            (2) $401,269,000 is for Research, Development, Test, and 
        Evaluation; and
            (3) $12,689,000 is for Procurement.
    (b) Use.--Amounts authorized to be appropriated under subsection 
(a) are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.

SEC. 405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.

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

SEC. 406. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department 
of Defense for fiscal year 2010 for expenses, not otherwise provided 
for, for the Office of the Inspector General of the Department of 
Defense, $281,320,000, of which--
            (1) $280,320,000 is for Operation and Maintenance; and
            (2) $1,000,000 is for Procurement.

SEC. 407. DEFENSE COALITION SUPPORT FUND.

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

                Subtitle B--Armed Forces Retirement Home

SEC. 411. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT 
              HOME.

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

                     Subtitle C--Military Personnel

SEC. 421. MILITARY PERSONNEL.

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

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Personnel Strength Authorizations

SEC. 501. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2010, as follows:
            (1) The Army, 547,400.
            (2) The Navy, 328,800.
            (3) The Marine Corps, 202,100.
            (4) The Air Force, 331,700.

SEC. 502. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the Reserve components as of September 
30, 2010, as follows:
            (1) The Army Reserve, 205,000.
            (2) The Navy Reserve, 65,500.
            (3) The Marine Corps Reserve, 39,600.
            (4) The Air Force Reserve, 69,500.
            (5) The Air National Guard of the United States, 106,700.
            (6) The Army National Guard of the United States, 358,200.
            (7) The Coast Guard Reserve, 10,000.
    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any Reserve component shall 
be proportionately reduced by--
            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or 
        for unsatisfactory participation in training) without their 
        consent at the end of the fiscal year.
    (c) End Strength Increases.--Whenever units or individual members 
of the Selected Reserve of any Reserve component are released from 
active duty during any fiscal year, the end strength prescribed for 
such fiscal year for the Selected Reserve of such Reserve component 
shall be increased proportionately by the total authorized strengths of 
such units and by the total number of such individual members.

SEC. 503. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE 
              RESERVES.

    Within the end strengths prescribed in section 411(a), the Reserve 
components of the Armed Forces are authorized, as of September 30, 
2010, the following number of Reserves to be serving on full-time 
active duty or full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, recruiting, 
instructing, or training the reserve components:
            (1) The Army Reserve, 16,261.
            (2) The Navy Reserve, 10,818.
            (3) The Marine Corps Reserve, 2,261.
            (4) The Air Force Reserve, 2,896.
            (5) The Army National Guard of the United States, 32,060.
            (6) The Air National Guard of the United States, 14,555.

SEC. 504. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as of the 
last day of fiscal year 2010 for the Reserve components of the Army and 
the Air Force (notwithstanding section 129 of title 10, United States 
Code) shall be the following:
            (1) For the Army Reserve, 8,154.
            (2) For the Army National Guard of the United States, 
        26,901.
            (3) For the Air Force Reserve, 10,417.
            (4) For the Air National Guard of the United States, 
        22,313.

SEC. 505. FISCAL YEAR 2010 LIMITATION ON NUMBER OF NON-DUAL STATUS 
              TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--Within the limitation provided in 
        section 10217(c)(2) of title 10, United States Code, the number 
        of non-dual status technicians employed by the National Guard 
        as of September 30, 2010, may not exceed the following:
                    (A) For the Army National Guard of the United 
                States, 2,500.
                    (B) For the Air National Guard of the United 
                States, 350.
            (2) Army reserve.--The number of non-dual status 
        technicians employed by the Army Reserve as of September 30, 
        2010, may not exceed 836.
            (3) Air force reserve.--The number of non-dual status 
        technicians employed by the Air Force Reserve as of September 
        30, 2010, may not exceed 90.
    (b) Non-Dual Status Technicians Defined.--In this section, the term 
``non-dual status technician'' has the meaning given that term in 
section 10217(a) of title 10, United States Code.

SEC. 506. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
              ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2010, the maximum number of members of the 
Reserve components of the Armed Forces who may be serving at any time 
on full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:
            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.

            Subtitle B--Military Personnel Policy Generally

SEC. 511. REVISIONS TO ANNUAL REPORT REQUIREMENT ON JOINT OFFICER 
              MANAGEMENT.

    Section 667 of title 10, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``and their education 
        and experience'';
            (2) by striking paragraph (3);
            (3) by transferring subparagraph (B) of paragraph (4) to 
        the end of paragraph (1), redesignating that subparagraph as 
        subparagraph (C), aligning that subparagraph with the margin of 
        subparagraph (B) of paragraph (1), and capitalizing the first 
        word of that subparagraph;
            (4) by striking the remainder of paragraph (4), as amended 
        by paragraph (3) of this section;
            (5) by redesignating paragraph (5) as paragraph (3);
            (6) by striking paragraph (6);
            (7) by redesignating paragraphs (7) through (11) as 
        paragraphs (4) through (8), respectively;
            (8) by redesignating paragraph (12) as paragraph (9) and in 
        that paragraph striking ``each time the'' and all that follows 
        and inserting ``the principal courses of instruction for Joint 
        Professional Military Education Level II, the number of 
        officers graduating from each of the following:
                    ``(A) The Joint Forces Staff College.
                    ``(B) The National Defense University.
                    ``(C) Senior Service Schools.''; and
            (9) by redesignating paragraph (13) as paragraph (10).

SEC. 512. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY MUSICAL 
              UNITS AND MUSICIANS.

    (a) Clarification.--Section 974 of title 10, United States Code, is 
amended to read as follows:
``Sec. 974. Military musical units and musicians: performance policies; 
              restriction on performance in competition with local 
              civilian musicians
    ``(a) Military Musicians Performing in an Official Capacity.--
            ``(1) Restriction on performances in competition with local 
        civilian musicians.--A military musical unit, and a member of 
        the armed forces who is a member of such a unit performing in 
        an official capacity, may not engage in the performance of 
        music in competition with local civilian musicians.
            ``(2) Performances in competition with local civilian 
        musicians.--For purposes of paragraph (1), the following shall, 
        except as provided in paragraph (3), be included among the 
        performances that are considered to be a performance of music 
        in competition with local civilian musicians:
                    ``(A) A performance that is more than incidental to 
                an event that (i) is not supported, in whole or in 
                part, by United States Government funds, and (ii) is 
                not free to the public.
                    ``(B) A performance of background, dinner, dance, 
                or other social music at an event that (i) is not 
                supported, in whole or in part, by United States 
                Government funds, and (ii) is held at a location not on 
                a military installation.
            ``(3) Performances not in competition with local civilian 
        musicians.--For purposes of paragraph (1), the following shall 
        not be considered to be a performance of music in competition 
        with local civilian musicians:
                    ``(A) A performance (including background, dinner, 
                dance, or other social music) at an official United 
                States Government event that is supported, in whole or 
                in part, by United States Government funds.
                    ``(B) A performance at a concert, parade, or other 
                event, that is a patriotic event or a celebration of a 
                national holiday and is free to the public.
                    ``(C) A performance that is incidental to an event 
                that (i) is not supported, in whole or in part, by 
                United States Government funds, or (ii) is not free to 
                the public.
                    ``(D) A performance (including background, dinner, 
                dance, or other social music) at--
                            ``(i) an event that is sponsored by or for 
                        a military welfare society, as defined in 
                        section 2566 of this title;
                            ``(ii) an event that is a traditional 
                        military event intended to foster the morale 
                        and welfare of members of the armed forces and 
                        their families; or
                            ``(iii) an event that is specifically for 
                        the benefit or recognition of members of the 
                        armed forces, their family members, veterans, 
                        civilian employees of the Department of 
                        Defense, or former civilian employees of the 
                        Department of Defense, to the extent provided 
                        in regulations prescribed by the Secretary of 
                        Defense.
                    ``(E) A performance (including background, dinner, 
                dance, or other social music)--
                            ``(i) to uphold the standing and prestige 
                        of the United States with dignitaries and 
                        distinguished or prominent persons or groups of 
                        the United States or another nation; or
                            ``(ii) in support of fostering and 
                        sustaining a cooperative relationship with 
                        another nation.
    ``(b) Prohibition of Military Musicians Accepting Additional 
Remuneration for Official Performances.--A military musical unit, and a 
member of the armed forces who is a member of such a unit performing in 
an official capacity, may not receive remuneration for an official 
performance, other than applicable military pay and allowances.
    ``(c) Recordings.--
            ``(1) Authority.--When authorized under regulations 
        prescribed by the Secretary of Defense for purposes of this 
        section, a military musical unit may produce recordings for 
        distribution to the public, at a cost not to exceed expenses of 
        production and distribution.
            ``(2) Crediting of funds.--Amounts received in payment for 
        a recording distributed to the public under this subsection 
        shall be credited to the appropriation or account providing the 
        funds for the production of the recording. Any amount so 
        credited shall be merged with amounts in the appropriation or 
        account to which credited, and shall be available for the same 
        purposes, and subject to the same conditions and limitations, 
        as amounts in such appropriation or account.
    ``(d) Performances at Foreign Locations.--Subsection (a) does not 
apply to a performance outside the United States, its commonwealths, or 
its possessions.
    ``(e) Military Musical Unit Defined.--In this section, the term 
`military musical unit' means a band, ensemble, chorus, or similar 
musical unit of the armed forces.''.
    (b) Clerical Amendment.--The item relating to such section in the 
table of sections at the beginning of such chapter is amended to read 
as follows:

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

SEC. 513. ENFORCEMENT OF SERVICEMEMBERS CIVIL RELIEF ACT BY THE 
              ATTORNEY GENERAL AND BY PRIVATE CAUSE OF ACTION.

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

            ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE

``SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL.

    ``(a) Enforcement by the Attorney General.--The Attorney General 
may commence a civil action in any appropriate United States District 
Court whenever the Attorney General has reasonable cause to believe--
            ``(1) that any person or group of persons is engaging in, 
        or has engaged in, a pattern or practice of conduct in 
        violation of any provision of this Act; or
            ``(2) that any person or group of persons is denying, or 
        has denied, any person or group of persons any protection 
        afforded by any provision of this Act and that such denial 
        raises an issue of general public importance.
    ``(b) Relief That May Be Granted in Civil Actions.--In a civil 
action under subsection (a), the court--
            ``(1) may enter any temporary restraining order, temporary 
        or permanent injunction, or other order as may be appropriate;
            ``(2) may award monetary damages to a servicemember, 
        dependent, or other person protected by any provision of this 
        Act who is harmed by the failure to comply with any provision 
        of this Act, including consequential and punitive damages; and
            ``(3) may, to vindicate the public interest, assess a civil 
        penalty against each defendant--
                    ``(A) in an amount not exceeding $55,000 for a 
                first violation; and
                    ``(B) in an amount not exceeding $110,000 for any 
                subsequent violation.
    ``(c) Intervention in Civil Actions.--Upon timely application, a 
servicemember, dependent, or other person protected by any provision of 
this Act may intervene in a civil action commenced by the Attorney 
General that involves an alleged violation of any provision of this Act 
or a denial of any protection afforded by any provision of this Act 
with respect to which such person claims to be harmed. The court may 
grant to any such intervening party appropriate relief as is authorized 
under subsection (b)(1) or (b)(2). The court may also, in its 
discretion, grant a prevailing intervening party reasonable attorneys' 
fees and costs.

``SEC. 802. PRIVATE CAUSES OF ACTION.

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

``SEC. 803. PRESERVATION OF OTHER REMEDIES.

    ``The remedies provided under sections 801 and 802 are in addition 
to and do not preclude any other causes of action available under 
Federal or State law or any other remedies otherwise available under 
Federal or State law, including any award for consequential and 
punitive damages.''.
    (b) Applicability.--Title VIII of the Servicemembers Civil Relief 
Act, as added by subsection (a), shall apply to any cause of action, 
claim, or action to enforce the Servicemembers Civil Relief Act, or to 
seek damages or other relief under any provision of that Act, in 
progress on the date of the enactment of this Act or that may be 
brought after such date.
    (c) Conforming Amendments.--
            (1) Section 207 of the Servicemembers Civil Relief Act (50 
        U.S.C. App. 527) is amended by striking subsection (f).
            (2) Sections 301(c), 302(b), 303(d), 305(h), 306(e), and 
        307(c) of such Act (50 U.S.C. App. 531(c), 532(b), 533(d), 
        535(h), 536(e), and 537(c)) are amended--
                    (A) by striking ``Penalties'' and all that follows 
                through ``(1)''; and
                    (B) by striking paragraph (2).
    (d) Technical Corrections.--Such Act is further amended--
            (1) in section 202(d)(1) (50 U.S.C. App. 522(d)(1)), by 
        striking ``affect'' in the first sentence and inserting 
        ``effect''; and
            (2) in sections 204(a), 306(c), and 701(c) (50 U.S.C. App. 
        524(a), 536(c), and 591(c)), by striking ``Affect'' in the 
        subsection heading and inserting ``Effect''.
    (e) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end the following:

            ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE

``Sec. 801. Enforcement by the Attorney General.
``Sec. 802. Private causes of action.
``Sec. 803. Preservation of other remedies.''.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

SEC. 601. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAYMENTS FOR 
              RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND 
              FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.

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

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.

    The following sections of chapter 5 of title 37, United States 
Code, are amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010'':
            (1) Section 308b(g), relating to Selected Reserve 
        reenlistment bonus.
            (2) Section 308c(i), relating to Selected Reserve 
        affiliation or enlistment bonus.
            (3) Section 308d(c), relating to special pay for enlisted 
        members assigned to certain high-priority units.
            (4) Section 308g(f)(2), relating to Ready Reserve 
        enlistment bonus for persons without prior service.
            (5) Section 308h(e), relating to Ready Reserve enlistment 
        and reenlistment bonus for persons with prior service.
            (6) Section 308i(f), relating to Selected Reserve 
        enlistment and reenlistment bonus for persons with prior 
        service.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
              AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

    (a) Title 10 Authorities.--The following sections of title 10, 
United States Code, are amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2010'':
            (1) Section 2130a(a)(1), relating to nurse officer 
        candidate accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the 
        Selected Reserve.
    (b) Title 37 Authorities.--The following sections of chapter 5 of 
title 37, United States Code, are amended by striking ``December 31, 
2009'' and inserting ``December 31, 2010'':
            (1) Section 302c-1(f), relating to accession and retention 
        bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus for 
        registered nurses.
            (3) Section 302e(a)(1), relating to incentive special pay 
        for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for Selected 
        Reserve health professionals in critically short wartime 
        specialties.
            (5) Section 302h(a)(1), relating to accession bonus for 
        dental officers.
            (6) Section 302j(a), relating to accession bonus for 
        pharmacy officers.
            (7) Section 302k(f), relating to accession bonus for 
        medical officers in critically short wartime specialties.
            (8) Section 302l(g), relating to accession bonus for dental 
        specialist officers in critically short wartime specialties.
            (9) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 
              NUCLEAR OFFICERS.

    The following sections of chapter 5 of title 37, United States 
Code, are amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010'':
            (1) Section 312(f), relating to special pay for nuclear-
        qualified officers extending period of active service.
            (2) Section 312b(c), relating to nuclear career accession 
        bonus.
            (3) Section 312c(d), relating to nuclear career annual 
        incentive bonus.
            (4) Section 333(i), relating to special bonus and incentive 
        pay authorities for nuclear officers.

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
              OTHER TITLE 37 BONUSES AND SPECIAL PAY.

    The following sections of chapter 5 of title 37, United States 
Code, are amended by striking ``December 31, 2009'' and inserting 
``December 31, 2010'':
            (1) Section 301b(a), relating to aviation officer retention 
        bonus.
            (2) Section 307a(g), relating to assignment incentive pay.
            (3) Section 308(g), relating to reenlistment bonus for 
        active members.
            (4) Section 309(e), relating to enlistment bonus.
            (5) Section 324(g), relating to accession bonus for new 
        officers in critical skills.
            (6) Section 326(g), relating to incentive bonus for 
        conversion to military occupational specialty to ease personnel 
        shortage.
            (7) Section 327(h), relating to incentive bonus for 
        transfer between Armed Forces.
            (8) Section 330(f), relating to accession bonus for officer 
        candidates.
            (9) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (10) Section 332(g), relating to general bonus authority 
        for officers.
            (11) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (12) Section 351(i), relating to hazardous duty pay.
            (13) Section 352(g), relating to assignment pay or special 
        duty pay.
            (14) Section 353(j), relating to skill incentive pay or 
        proficiency bonus.
            (15) Section 355(i), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
              REFERRAL BONUSES.

    The following sections of title 10, United States Code, are amended 
by striking ``December 31, 2009'' and inserting ``December 31, 2010'':
            (1) Section 1030(i), relating to health professions 
        referral bonus.
            (2) Section 3252(h), relating to Army referral bonus.

             Subtitle C--Retired Pay and Survivor Benefits

SEC. 621. EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF RETIRED 
              PAY AND DISABILITY COMPENSATION.

    (a) Phased Expansion.--Subsection (a) of section 1414 of title 10, 
United States Code, is amended to read as follows:
    ``(a) Payment of Both Retired Pay and Compensation.--
            ``(1) In general.--Subject to subsection (b), a member or 
        former member of the uniformed services who is entitled for any 
        month to retired pay and who is also entitled for that month to 
        veterans' disability compensation for a qualifying service-
        connected disability (hereinafter in this section referred to 
        as a `qualified retiree') is entitled to be paid both for that 
        month without regard to sections 5304 and 5305 of title 38.
                    ``(A) During the period beginning on January 1, 
                2004, and ending on December 31, 2013, payment of 
                retired pay to such a qualified retiree is subject to 
                subsection (c), except that payment of retired pay is 
                subject to subsection (c) only during the period 
                beginning on January 1, 2004, and ending on December 
                31, 2004, in the case of the following:
                            ``(i) A qualified retiree receiving 
                        veterans' disability compensation for a 
                        disability rated as 100 percent.
                            ``(ii) A qualified retiree receiving 
                        veterans' disability compensation at the rate 
                        payable for a 100 percent disability by reason 
                        of a determination of individual 
                        unemployability.
                    ``(B) Notwithstanding the provisions of subsection 
                (c), on or after January 1, 2010, a qualified retiree 
                described in subparagraph (2)(B) or (2)(C) is entitled 
                to payment of both retired pay and compensation under 
                this subsection, subject to subsection (b).
            ``(2) Qualifying service-connected disability.--In this 
        section, the term `qualifying service-connected disability' 
        means--
                    ``(A) in the case of a member or former member 
                receiving retired pay under any provision of law other 
                than chapter 61 of this title or under chapter 61 with 
                20 years or more of service otherwise creditable under 
                section 1405 or computed under section 12732 of this 
                title, a service-connected disability or combination of 
                service-connected disabilities that is rated as not 
                less than 50 percent disabling by the Secretary of 
                Veterans Affairs;
                    ``(B) in the case of a member or former member 
                receiving retired pay under chapter 61 of this title 
                with less than 20 years of service otherwise creditable 
                under section 1405 or computed under section 12732 of 
                this title, a service-connected disability or 
                combination of service-connected disabilities that is 
                rated at the disabling level specified by the Secretary 
                of Veterans Affairs and is effective on or after the 
                following dates:
                            ``(i) January 1, 2010, rated 100 percent, 
                        or a rate payable at 100 percent by reason of 
                        individual unemployability or rated 90 percent;
                            ``(ii) January 1, 2011, rated 80 percent or 
                        70 percent; and
                            ``(iii) January 1, 2012, rated 60 percent 
                        or 50 percent; and
                    ``(C) in the case of a member or former member 
                receiving retired pay under chapter 61 regardless of 
                years of service, a service-connected disability or 
                combination of service-connected disabilities that is 
                rated at the disabling level specified by the Secretary 
                of Veterans Affairs and is effective on or after the 
                following dates:
                            ``(i) January 1, 2013, rated 40 percent or 
                        30 percent; and
                            ``(ii) January 1, 2014, any rating.''.
    (b) Conforming Special Rule Modification.--Subsection (b) of such 
section is amended to read as follows:
    ``(b) Special Rules for Chapter 61 Disability Retirees.--
            ``(1) General rule.--The retired pay of a member retired 
        under chapter 61 of this title is subject to reduction under 
        sections 5304 and 5305 of title 38, but only to the extent that 
        the amount of the member's retired pay under chapter 61 of this 
        title exceeds the amount of retired pay to which the member 
        would have been entitled under any other provision of law based 
        upon the member's service in the uniformed services if the 
        member had not been retired under chapter 61 of this title.
            ``(2) Special rule for retirees with fewer than 20 years of 
        service.--The retired pay of a member retired under chapter 61 
        of this title with fewer than 20 years of creditable service 
        otherwise creditable under section 1405 or computed under 
        section 12732 of this title, is subject to reduction under 
        sections 5304 and 5305 of title 38, but only to the extent that 
        the amount of the member's retired pay under chapter 61 of this 
        title exceeds the amount equal to 2\1/2\ percent of the 
        member's years of creditable service multiplied by the member's 
        retired pay base under section 1406(b)(1) or 1407 of this 
        title, whichever is applicable to the member.''.
    (c) Conforming Amendment.--Subsection (c) of such section is 
amended by striking ``the second sentence'' and inserting 
``subparagraph (A)''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 1414. Concurrent payment of retired pay and veterans' disability 
              compensation''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 71 of such title is amended by striking 
        the item related to section 1414 and inserting the following 
        new item:

``1414. Concurrent payment of retired pay and veterans' disability 
                            compensation.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2010.

                 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.

    (a) In General.--Chapter 7 of title 37, United States Code, is 
amended by adding at the end the following new section:
``Sec. 439. Special monthly compensation for members of the uniformed 
              services with combat or combat-related catastrophic 
              injuries
    ``(a) Compensation Authorized.--(1) Under regulations prescribed by 
the Secretary of Defense, the Secretary concerned may pay to any member 
of the uniformed services described in paragraph (2) a special monthly 
compensation in an amount determined under paragraph (3).
    ``(2) A member eligible for the compensation authorized by 
paragraph (1) is a member--
            ``(A) who has a combat-related catastrophic injury or 
        illness and for whom a licensed physician has certified that 
        the member is in need of assistance from another person to 
        perform the personal functions required in everyday living; and
            ``(B) who has elected to participate in the expedited 
        disability evaluation process.
    ``(3) The Secretary of Defense may establish additional eligibility 
criteria in the regulations required by paragraph (1).
    ``(4) The amount of the special monthly compensation authorized by 
paragraph (1) shall be determined under criteria prescribed by the 
Secretary of Defense, but may not exceed the amount of the aid and 
attendance allowance authorized by section 1114(r) of title 38 for 
veterans in need of regular aid and attendance. In determining the 
amount of the compensation, the Secretary concerned shall consider the 
extent to which home health care and related services are being 
provided by the Government and the extent to which aid and attendance 
services are being provided by family and friends who may be 
compensated with funds provided through the special monthly 
compensation authorized by this section.
    ``(5) The duration of the special monthly compensation authorized 
by paragraph (1) shall be 120 days from the date of the member's 
election to participate in the expedited disability evaluation process 
or until the member is medically retired from service, so long as the 
member otherwise remains eligible.
    ``(b) Definitions.--In this section:
            ``(1) The term `catastrophic injury or illness' means a 
        permanent, severely disabling injury, disorder, or disease that 
        compromises the ability to carry out the activities of daily 
        living to such a degree that the member requires personal or 
        mechanical assistance to leave home or bed, or requires 
        constant supervision to avoid physical harm to self or others.
            ``(2) The term `combat-related' means having the attributes 
        described in section 1413a of title 10.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

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

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

SEC. 801. PERMANENT AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION 
              PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.

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

SEC. 802. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT 
              REQUIREMENT.

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

SEC. 803. EXTENSION AND PERMANENT AUTHORITY FOR SMALL BUSINESS 
              INNOVATION RESEARCH COMMERCIALIZATION PROGRAM.

    (a) Extension to Small Business Technology Transfer Program.--
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended by 
inserting ``and Small Business Technology Transfer Program'' in 
paragraphs (1), (2), and (4) after ``Small Business Innovation Research 
Program''.
    (b) Permanent Authority.--Such section is further amended--
            (1) by striking ``Pilot'' each place it appears (including 
        in the heading for subsection (y)); and
            (2) by striking paragraph (6).

SEC. 804. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO HAVE ACCESS 
              TO TECHNICAL DATA BELONGING TO PRIME CONTRACTORS.

    (a) Authority.--
            (1) Access to technical data.--Subsection (c) of section 
        2320 of title 10, United States Code, is amended--
                    (A) by striking ``or'' at the end of paragraph (1);
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph (2):
            ``(2) notwithstanding any limitation upon the license 
        rights conveyed under subsection (a), allowing a Government 
        support contractor access to and use of any technical data 
        delivered under a contract covered by this chapter if the 
        Government support contractor accessing or using that technical 
        data executes a contract with the Government agreeing to and 
        acknowledging--
                    ``(A) that proprietary or nonpublic technical data 
                furnished will be accessed and used only for the 
                purposes stated in that contract;
                    ``(B) that a breach of that contract by a 
                Government support contractor with regard to a third 
                party's ownership or rights in such technical data may 
                subject that Government support contractor--
                            ``(i) to criminal, civil, administrative, 
                        and contractual actions in law and equity for 
                        penalties, damages, and other appropriate 
                        remedies by the United States; and
                            ``(ii) to civil actions for damages and 
                        other appropriate remedies by the contractor or 
                        subcontractor whose technical data is affected 
                        by the breach;
                    ``(C) that such technical data provided to a 
                Government support contractor under the authority of 
                this section shall not be used by that Government 
                support contractor to compete against the third party 
                for Government or non-Government contracts; and
                    ``(D) that any breach of these nondisclosure 
                obligations may constitute a violation of section 1905 
                of title 18; or''.
            (2) Definition.--Such section is further amended by adding 
        at the end the following new subsection:
    ``(f) Government Support Contractor Defined.--In this section, the 
term `Government support contractor' means a contractor (and any of its 
subcontractors) whose primary purpose is to furnish independent and 
impartial advice or technical assistance directly to the Government in 
support of the Government's management and oversight of a program or 
effort, rather than to directly furnish an end item or a service to 
accomplish a program or effort.''.
    (b) Criminal Penalty.--Section 1905 of title 18, United States 
Code, is amended by inserting ``or being an officer, agent or employee 
of a private sector organization having a contractual nondisclosure 
agreement under the authority of section 2320(c)(2) of title 10,'' 
after ``Antitrust Civil Process Act (15 U.S.C. 1311-1314),''.

SEC. 805. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS FOR MAJOR 
              AUTOMATED INFORMATION SYSTEM PROGRAMS.

    (a) Implementation Schedule.--Section 2445b(b)(2) of title 10, 
United States Code, is amended by striking ``, initial operational 
capability, and full operational capability'' and inserting ``and full 
deployment decision''.
    (b) Critical Changes in Program.--Section 2445c(d)(2)(A) of such 
title is amended by striking ``initial operational capability'' and 
inserting ``a full deployment decision''.

SEC. 806. REPEAL OF REQUIREMENTS FOR REPORTING ON CERTAIN INFORMATION 
              TECHNOLOGY INVESTMENT PROGRAMS.

    (a) Definition of ``Other Major Information Technology Investment 
Program''.--Section 2445a of title 10, United States Code, is amended 
by striking subsection (d).
    (b) Cost, Schedule, and Performance Information.--Section 2445b of 
such title is amended--
            (1) in subsection (a), by striking ``and each other major 
        information technology investment program;'' and
            (2) by striking subsection (d).
    (c) Reports.--Section 2445c(a) of such title is amended--
            (1) by striking ``or other major information technology 
        investment program'' each place it appears;
            (2) in subsections (a), (d)(2)(A), (f)(1), and (f)(2), by 
        striking ``or information technology investment'';
            (3) in subsection (d)(2)--
                    (A) in subparagraph (B), by striking ``or section 
                2445b(d)'';
                    (B) in subparagraph (C), by striking ``or section 
                2445b(d) of this title, as applicable''; and
                    (C) in subparagraph (D), by striking ``or major 
                information technology investment'' and ``or section 
                2445b(d) of this title, as applicable''; and
            (4) in subsection (f)(3), by striking ``or information 
        technology investment, as applicable,''.

SEC. 807. MODIFICATION OF DEADLINE FOR SUBMISSION OF ANNUAL REPORT TO 
              CONGRESS UNDER SECTION 2466 OF TITLE 10, UNITED STATES 
              CODE.

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

SEC. 808. REVISION TO DEFINITIONS OF MAJOR DEFENSE ACQUISITION PROGRAM 
              AND MAJOR AUTOMATED INFORMATION SYSTEM FOR PURPOSES OF 
              CERTAIN COSTS, SCHEDULE, AND PERFORMANCE REPORTS.

    (a) Major Defense Acquisition Program.--Section 2430 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(c) In the case of a Department of Defense acquisition program 
that, by reason of paragraph (2) of section 2445a(a) of this title, is 
a major automated information system program under chapter 144A of this 
title and that, by reason of paragraph (2) of subsection (a), is a 
major defense acquisition program under this chapter, the Secretary of 
Defense may designate that program to be treated only as a major 
automated information system program or to be treated only as a major 
defense acquisition program.''.
    (b) Major Automated Information System.--Section 2445a(a) of such 
title is amended by inserting ``that is not a highly sensitive 
classified program (as determined by the Secretary of Defense)'' after 
``(either as a product or service)''.

SEC. 809. EXCEPTION FOR EMERGENCY OPERATIONS.

    (a) Exception for Procurements in Support of Emergency 
Operations.--Paragraph (1) of subsection (d) of section 2533a of title 
10, United States Code, is amended to read as follows:
            ``(1) Procurements in support of emergency operations.''.
    (b) Definition of Emergency Operations.--Subsection (j) of such 
section is amended--
            (1) by striking ``Geographic Coverage.--'' and inserting 
        ``Definitions.--(1)''; and
            (2) by adding at the end the following new paragraph:
            ``(2) In this section, the term `emergency operations' 
        means any of the following:
                    ``(A) Contingency operations.
                    ``(B) Operations in defense against or recovery 
                from nuclear, biological, chemical, or radiological 
                attack against the United States.
                    ``(C) Operations in response to an incident of 
                national significance, emergency declaration, national 
                emergency, or major disaster declared by the President.
                    ``(D) Combat operations.''.

SEC. 810. CONTRACT AUTHORITY FOR ADVANCED DEVELOPMENT OF INITIAL OR 
              ADDITIONAL PROTOTYPE UNITS.

    (a) In General.--Chapter 137 of title 10, United States Code, is 
amended by inserting after section 2302d the following new section:
``Sec. 2302e. Contract authority for advanced development of initial or 
              additional prototype units
    ``(a) Authority.--A contract initially awarded from the competitive 
selection of a proposal resulting from a general solicitation as 
defined in section 2302(2)(B) may contain a contract line item or an 
option for--
            ``(1) the delivery of initial or additional prototype items 
        if the item or a prototype thereof is created as the result of 
        work performed under the initial competed research contract; or
            ``(2) the provision of advanced component development, or 
        prototype of technology developed in the initial underlying 
        contract.
    ``(b) Delivery.--A contract line item or option as described in 
subsection (a)(1) shall require the delivery of the minimal amount of 
initial or additional prototype items to allow for the timely 
solicitation and award of a production contract for those items. Such 
contract option may have a value only up to three times the value of 
the initial contract and any subsequent development or procurement must 
be subject to the terms of section 2304 of this title.
    ``(c) Term.--A contract line item or option as described in 
subsection (a)(2) shall be for a term of not more than 12 months.
    ``(d) Use of Authority.--Each military department may use this 
authority up to four times per year and the Secretary of Defense may 
approve up to an additional four options per year for projects 
supported by agencies of the Department of Defense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2302d the following new item:

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

      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.

    (a) Repeal of Certain Limitations on Personnel Assigned to Major 
Headquarters Activities.--
            (1) Repeals.--The following provisions of law are repealed:
                    (A) Section 143 of title 10, United States Code.
                    (B) Section 194 of such title.
                    (C) Sections 3014(f), 5014(f), and 8014(f) of such 
                title.
                    (D) Section 601 of the Goldwater-Nichols Department 
                of Defense Reorganization Act of 1986 (10 U.S.C. 194 
                note).
            (2) Clerical amendments.--
                    (A) The table of sections at the beginning of 
                chapter 4 of title 10, United States Code, is amended 
                by striking the item relating to section 143.
                    (B) The table of sections at the beginning of 
                subchapter I of chapter 8 of such title is amended by 
                striking the item relating to section 194.
    (b) Consolidated Annual Report.--
            (1) Inclusion in annual defense manpower requirements 
        report.--Section 115a of such title is amended by inserting 
        after subsection (e) the following new subsection:
    ``(f) The Secretary shall also include in each such report the 
following information with respect to personnel assigned to or 
supporting major Department of Defense headquarters activities:
            ``(1) The military end strength and civilian full-time 
        equivalents assigned to major Department of Defense 
        headquarters activities for the preceding fiscal year and 
        estimates of such numbers for the current fiscal year and the 
        budget fiscal year.
            ``(2) A summary of the replacement during the preceding 
        fiscal year of contract workyears providing support to major 
        Department of Defense headquarters activities with military end 
        strength or civilian full-time equivalents, including an 
        estimate of the number associated with the replacement of 
        contracts performing inherently governmental or exempt 
        functions.
            ``(3) The plan for the continued review of contract 
        personnel supporting major Department of Defense headquarters 
        activities for possible conversion to military or civilian 
        performance in accordance with section 2463 of this title.''.
            (2) Technical amendments to reflect name of report.--
                    (A) Subsection (a) of such section is amended by 
                inserting ``defense'' before ``manpower requirements 
                report''.
                    (B)(i) The heading of such section is amended to 
                read as follows:
``Sec. 115a. Annual defense manpower requirements report''.
                    (ii) The item relating to such section in the table 
                of sections at the beginning of chapter 2 of such title 
                is amended to read as follows:

``115a. Annual defense manpower requirements report.''.
            (3) Conforming repeals.--The following provisions of law 
        are repealed:
                    (A) Subsections (b) and (c) of section 901 of the 
                National Defense Authorization Act for Fiscal Year 2008 
                (Public Law 110-181; 122 Stat. 272).
                    (B) Section 1111 of the Duncan Hunter National 
                Defense Authorization Act for Fiscal Year 2009 (Public 
                Law 110-417; 122 Stat. 4619).

SEC. 902. REPEAL OF CERTAIN LAWS PERTAINING TO THE JOINT COMMITTEE FOR 
              THE REVIEW OF COUNTERPROLIFERATION PROGRAMS.

    (a) Joint Committee for the Review of Counterproliferation Programs 
of the United States.--Section 1605 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 22 U.S.C. 
2751 note) is repealed.
    (b) Biennial Report on Counterproliferation Activities and 
Programs.--Section 1503 of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 22 U.S.C. 2751 note) is repealed.

SEC. 903. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES AND 
              INFORMATION TO NON-UNITED STATES GOVERNMENT ENTITIES.

    (a) In General.--Section 2274 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2274. Space situational awareness services and information: 
              provision to non-United States Government entities
    ``(a) Authority.--The Secretary of Defense may provide space 
situational awareness services and information to, and may obtain space 
situational awareness data and information from, non-United States 
Government entities in accordance with this section. Any such action 
may be taken in the case of any such entity only if the Secretary 
determines that such action is consistent with the national security 
interests of the United States.
    ``(b) Eligible Entities.--The Secretary may provide services and 
information under subsection (a) to, and may obtain data and 
information under subsection (a) from, any non-United States Government 
entity, including any of the following:
            ``(1) A State government.
            ``(2) The government of a political subdivision of a State.
            ``(3) A United States commercial entity.
            ``(4) The government of a foreign country.
            ``(5) A foreign commercial entity.
    ``(c) Required Agreement.--The Secretary may not provide space 
situational awareness services and information under subsection (a) to 
a non-United States Government entity unless that entity enters into an 
agreement with the Secretary under which the entity--
            ``(1) agrees to pay an amount that may be charged by the 
        Secretary under subsection (d);
            ``(2) agrees not to transfer any data or technical 
        information received under the agreement, including the 
        analysis of data, to any other entity without the express 
        approval of the Secretary; and
            ``(3) agrees to any other terms and conditions considered 
        necessary by the Secretary.
    ``(d) Charges.--(1) As a condition of an agreement under subsection 
(c), the Secretary may (except as provided in paragraph (2)) require 
the non-United States Government entity entering into the agreement to 
pay to the Department of Defense such amounts as the Secretary 
determines to be necessary to reimburse the Department for the costs to 
the Department of providing space situational awareness service support 
under the agreement.
    ``(2) The Secretary may not require the government of a State, or 
of a political subdivision of a State, to pay any amount under 
paragraph (1).
    ``(e) Crediting of Funds Received.--Funds received for the 
provision of space situational awareness services pursuant to an 
agreement under this section shall be credited, at the option of the 
Secretary, to (1) the appropriation, fund, or account used in incurring 
the obligation, or (2) an appropriate appropriation, fund, or account 
currently available for the purposes for which the expenditures were 
made. Funds so credited shall be merged with, and remain available for 
obligation with, the funds in the appropriation, fund, or account to 
which credited.
    ``(f) Procedures.--The Secretary shall establish procedures by 
which the authority under this section shall be carried out. As part of 
those procedures, the Secretary may allow space situational awareness 
services to be provided through a contractor of the Department of 
Defense.
    ``(g) Nondisclosure.--All information received under subsection 
(a), records of agreements entered into under subsection (c), and 
analyses or data provided as a part of the services provided in 
accordance with the authority under this section are exempt from 
disclosure under section 552(b)(3) of title 5.
    ``(h) Immunity.--The United States, all agencies and 
instrumentalities thereof, and all individuals, firms, corporations, 
and other persons acting for the United States, shall be immune from 
any suit in any court for any cause of action arising from the 
provision or receipt of space situational awareness services, whether 
or not provided in accordance with this section, or any related action 
or omission.''.
    (b) Clerical Amendment.--The item relating to such section in the 
table of sections at the beginning of chapter 135 of such title is 
amended to read as follows:

``2274. Space situational awareness services and information: provision 
                            to non-United States Government 
                            entities.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2009, or the date of the enactment of this Act, 
whichever is later.

                       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.

    Section 2642(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(3) For military airlift services provided to any element 
        of the Federal Government outside the Department of Defense in 
        circumstances other than those specified in paragraphs (1) and 
        (2), but only if the Secretary of Defense determines that 
        provision of those military airlift services will promote 
        improved utilization of airlift capacity without negative 
        effect on national security objectives or the national security 
        interests contained within the United States commercial air 
        industry.''.

SEC. 1002. ADVANCE NOTICE TO CONGRESS OF TRANSFER OF FUNDS FROM A 
              WORKING-CAPITAL FUND.

    Paragraph (1) of section 2208(r) of title 10, United States Code, 
is amended to read as follows:
            ``(1) Whenever the Secretary of Defense proposes to 
        exercise authority provided by law to transfer funds from a 
        working-capital fund, including a transfer to another working-
        capital fund, such transfer may be made only after the 
        Secretary submits to Congress notice of the proposed transfer 
        and a period of five days has passed from the date of the 
        notification.''.

          Subtitle B--Policy Relating to Vessels and Shipyards

SEC. 1011. TEMPORARY REDUCTION IN STATUTORY MINIMUM NUMBER OF AIRCRAFT 
              CARRIERS IN ACTIVE SERVICE.

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

                  Subtitle C--Counter-Drug Activities

SEC. 1021. TWO-YEAR EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-
              DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA AND 
              CONTINUATION OF NUMERICAL LIMITATIONS ON ASSIGNMENT OF 
              UNITED STATES PERSONNEL.

    (a) Extension.--Section 1021 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2042), as most recently amended by section 1023 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4586), is amended in subsections (a)(1) and (c), 
by striking ``2009'' and inserting ``2011''.
    (b) Clarification.--Subsection (c) of such section is amended by 
inserting ``, and its follow-on programs,'' after ``Plan Colombia'' 
each place it appears.

                    Subtitle D--Report Terminations

SEC. 1031. IMPROVED MANAGEMENT OF CONGRESSIONAL REPORTING REQUIREMENTS 
              APPLICABLE TO DEPARTMENT OF DEFENSE.

    (a) In General.--Chapter 23 of title 10, United States Code, is 
amended by inserting after section 480 the following new section:
``Sec. 480a. Reports to Congress: termination after five years
    ``(a) Termination.--Subject to subsections (b) and (c), each 
provision of law that requires the Secretary of Defense (or any other 
officer or employee of the Department of Defense) to submit to Congress 
(or any committee of Congress) a periodic report shall cease to be 
effective, with respect to that requirement, five years after the date 
of the enactment of that provision of law or, in the case of a 
provision of law enacted before the date of the enactment of this 
section, five years after the date of the enactment of this section.
    ``(b) General Exceptions.--Subsection (a) does not apply to a 
provision of law containing a requirement for the submittal of a 
periodic report if that provision of law--
            ``(1) expressly states that the requirement is indefinite 
        in nature; or
            ``(2) specifies a number of years (in excess of five) for 
        which the report is required or states a specific termination 
        date for the report requirement.
    ``(c) Exceptions for Specific Reports.--Subsection (a) does not 
apply to the following:
            ``(1) The report required by section 113(c) of this title.
            ``(2) Any report required by this chapter.
    ``(d) Periodic Report Defined.--In this section, the term `periodic 
report' means a report required to be submitted on an annual, 
semiannual, or other regular periodic basis.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
480 the following new item:

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

SEC. 1032. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON MILITARY MUSEUMS.

    (a) Repeal.--Section 489 of title 10, United States Code, is 
repealed.
    (b) Table of Sections.--The table of sections at the beginning of 
chapter 23 of such title is amended by striking the item relating to 
section 489.

                       Subtitle E--Other Matters

SEC. 1041. ONE-YEAR EXTENSION OF AUTHORITY TO OFFER AND MAKE REWARDS 
              FOR ASSISTANCE IN COMBATING TERRORISM THROUGH GOVERNMENT 
              PERSONNEL OF ALLIED FORCES.

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

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION 
              ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR 
              FEDERAL CIVLIAN EMPLOYEES WORKING OVERSEAS.

    (a) Extension of Authority.--Subsection (a) of section 1101 of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4615), is amended by striking ``calendar 
year 2009'' and inserting ``calendar years 2009 and 2010''.
    (b) Exemption From Aggregate Limitations on Pay.--Subsection (b) of 
such section is amended by striking ``Section 5307 of title 5, United 
States Code'' and inserting ``Aggregate limitations on pay, whether 
established by law or regulation''.

             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.

    (a) One-Year Extension of Authority.--
            (1) Authority for fiscal year 2010.--Subsection (a) of 
        section 1202 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455), as most 
        recently amended by section 1214 of the Duncan Hunter National 
        Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
        417; 122 Stat. 4630), is amended--
                    (A) in the subsection heading, by striking ``Fiscal 
                Years 2008 and 2009'' and inserting ``Fiscal Year 
                2010'';
                    (B) by striking ``each of fiscal years 2008 and 
                2009'' and inserting ``fiscal year 2010'';
                    (C) by striking ``for such fiscal year''; and
                    (D) by striking ``$1,700,000,000 in fiscal year 
                2008 and $1,500,000,000 in fiscal year 2009'' and 
                inserting ``$1,500,000,000''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on October 1, 2009.
    (b) Extension of Due Date for Quarterly Reports.--Subsection (b)(1) 
of such section is amended--
            (1) by striking ``15 days'' and inserting ``45 days''; and
            (2) by striking ``of fiscal years 2008 and 2009'' and 
        inserting ``of any fiscal year during which the authority under 
        subsection (a) is in effect''.
    (c) Technical Amendments.--Subsections (e)(1) and (f)(1) of such 
section are amended by striking ``the date of the enactment of the 
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009'' 
and inserting ``October 14, 2008,''.

SEC. 1202. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED 
              IN CENTRAL ASIA, PAKISTAN, AND THE SOUTH CAUCASUS.

    (a) In General.--In the case of a product or service to be acquired 
in support of operations (including security, transition, 
reconstruction, and humanitarian relief activities) in Afghanistan for 
which the Secretary of Defense makes a determination described in 
subsection (b), the Secretary may conduct a procurement in which--
            (1) competition is limited to products or services that are 
        from Central Asia, Pakistan, or the South Caucasus;
            (2) procedures other than competitive procedures are used 
        to award a contract to a particular source or sources from 
        Central Asia, Pakistan, or the South Caucasus; or
            (3) a preference is provided for products or services that 
        are from Central Asia, Pakistan, or the South Caucasus.
    (b) Determination.--A determination described in this subsection is 
a determination by the Secretary that--
            (1) the product or service concerned is to be used only by 
        military forces, police, or other security personnel of 
        Afghanistan, the United States, Allies, or coalition partners; 
        or
            (2) it is in the national security interest of the United 
        States to limit competition, use procedures other than 
        competitive procedures, or provide a preference as described in 
        subsection (a) because--
                    (A) such limitation, procedure, or preference is 
                necessary--
                            (i) to improve local market and 
                        transportation infrastructure in Central Asia, 
                        Pakistan, or the South Caucasus in order to 
                        reduce overall United States transportation 
                        costs and risks in shipping goods in support of 
                        operations in Afghanistan;
                            (ii) to encourage states of Central Asia, 
                        Pakistan, or the South Caucasus to cooperate in 
                        expanding supply routes through their territory 
                        in support of operations in Afghanistan; or
                            (iii) to help develop a more robust and 
                        enduring commercial and transportation network 
                        in Central Asia, Pakistan, or the South 
                        Caucasus that will connect Afghanistan to its 
                        neighbors, promote regional commerce, diversify 
                        existing infrastructure in the region, and 
                        bolster stability and prosperity in the region; 
                        and
                    (B) such limitation, procedure, or preference will 
                not adversely affect--
                            (i) operations in Afghanistan; or
                            (ii) the United States industrial base.
    (c) Products, Services, and Sources From Central Asia, Pakistan, or 
the South Caucasus.--For the purposes of this section:
            (1) A product is from the Central Asia, Pakistan, or the 
        South Caucasus if it is mined, produced, or manufactured in 
        Georgia, the Kyrgyz Republic, Pakistan, the Republic of 
        Armenia, the Republic of Azerbaijan, the Republic of 
        Kazakhstan, the Republic of Tajikistan, the Republic of 
        Uzbekistan, or Turkmenistan.
            (2) A service is from Central Asia, Pakistan, or the South 
        Caucasus if it is performed in Georgia, the Kyrgyz Republic, 
        Pakistan, the Republic of Armenia, the Republic of Azerbaijan, 
        the Republic of Kazakhstan, the Republic of Tajikistan, the 
        Republic of Uzbekistan, or Turkmenistan by citizens or 
        permanent resident aliens of Georgia, the Kyrgyz Republic, 
        Pakistan, the Republic of Armenia, the Republic of Azerbaijan, 
        the Republic of Kazakhstan, the Republic of Tajikistan, the 
        Republic of Uzbekistan, or Turkmenistan.
            (3) A source is from Central Asia, Pakistan, or the South 
        Caucasus if it--
                    (A) is located in Georgia, the Kyrgyz Republic, 
                Pakistan, the Republic of Armenia, the Republic of 
                Azerbaijan, the Republic of Kazakhstan, the Republic of 
                Tajikistan, the Republic of Uzbekistan, or 
                Turkmenistan; and
                    (B) offers products or services that are from 
                Georgia, the Kyrgyz Republic, Pakistan, the Republic of 
                Armenia, the Republic of Azerbaijan, the Republic of 
                Kazakhstan, the Republic of Tajikistan, the Republic of 
                Uzbekistan, or Turkmenistan.
    (d) Construction With Other Authority.--The authority provided in 
subsection (a) is in addition to the authority set out in section 886 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 266; 10 U.S.C. 2302 note).

SEC. 1203. AUTHORIZATION OF APPROPRIATIONS FOR AFGHANISTAN SECURITY 
              FORCES FUND.

    (a) Authorization of Appropriations.--Funds are hereby authorized 
to be appropriated for fiscal year 2010 for the Afghanistan Security 
Forces Fund in the amount of $7,462,769,000.
    (b) Limitations.--Funds appropriated pursuant to the authorization 
of appropriations in subsection (a) shall be subject to the conditions 
contained in subsections (b) through (g) of section 1513 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181; 122 Stat. 428).

SEC. 1204. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND SUPPORT TO 
              COALITION LIAISON OFFICERS OF CERTAIN FOREIGN NATIONS 
              ASSIGNED TO JOINT FORCES COMMAND.

    (a) Extension of Authority.--Section 1051a(a) of title 10, United 
States Code, is amended--
            (1) by striking ``assigned temporarily'' and inserting 
        ``assigned temporarily--'';
            (2) by designating the remainder of the text of that 
        section as paragraph (1) and indenting that text two ems from 
        the left margin;
            (3) by striking the period at the end and inserting ``; 
        or''; and
            (4) by adding at the end the following:
            ``(2) to the headquarters of the combatant command assigned 
        by the Secretary of Defense the mission of joint warfighting 
        experimentation and joint forces training.''.
    (b) Effective Date.--Paragraph (2) of section 1051a(a) of title 10, 
United States Code, as added by subsection (a), shall take effect on 
October 1, 2009, or the date of the enactment of this Act, whichever is 
later.

 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.

    (a) Increased Cost Threshold.--
            (1) Projects in afghanistan.--For purposes of any military 
        construction project to be carried out in Afghanistan that is a 
        contingency operational requirements project, the cost 
        limitation applicable to the project under subsection (c) of 
        section 2805 of title 10, United States Code, shall be treated 
        as being $3,000,000, notwithstanding any otherwise applicable 
        cost limitation under that section.
            (2) Contingency operational requirements project.--For 
        purposes of this subsection, the term ``contingency operational 
        requirements project'' means a project that is necessary to 
        meet military operational requirements involving the use of the 
        Armed Forces in support of--
                    (A) a declaration of war;
                    (B) a declaration by the President of a national 
                emergency under section 201 of the National Emergencies 
                Act (50 U.S.C. 1621); or
                    (C) a contingency operation (as such term is 
                defined in section 101 of title 10, United States 
                Code).
    (b) Transparency.--
            (1) Quarterly reports.--Not later than 60 days after the 
        end of each fiscal-year quarter during which subsection (a) is 
        in effect, the Secretary concerned shall submit to the 
        congressional committees specified in paragraph (2) a report on 
        contracts entered into during that quarter under section 
        2805(c) of title 10, United States Code, for which the 
        applicable cost limitation was the limitation specified in 
        subsection (a). Each such report shall include a statement of 
        obligations during that quarter for each such contract.
            (2) Congressional committees.--The congressional committees 
        referred to in this paragraph are the following:
                    (A) The Committee on Armed Services and the 
                Subcommittee on Defense and the Subcommittee on 
                Military Construction, Veterans Affairs, and Related 
                Agencies of the Committee on Appropriations of the 
                Senate.
                    (B) The Committee on Armed Services and the 
                Subcommittee on Defense and the Subcommittee on 
                Military Construction, Veterans Affairs, and Related 
                Agencies of the Committee on Appropriations of the 
                House of Representatives.
            (3) Secretary concerned.--For purposes of this subsection, 
        the term ``Secretary concerned'' has the meaning applicable to 
        such term under section 2805 of title 10, United States Code.
    (c) Expiration.--No funds may be obligated for a project by reason 
of the provisions of subsection (a) after September 30, 2011.

SEC. 1302. TWO-YEAR EXTENSION OF AUTHORITY FOR PILOT PROJECTS FOR 
              ACQUISITION OR CONSTRUCTION OF MILITARY UNACCOMPANIED 
              HOUSING.

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

SEC. 1303. CONSOLIDATION AND STANDARDIZATION OF NOTICE-AND-WAIT 
              REQUIREMENTS APPLICABLE TO REAL PROPERTY LEASES.

    (a) General Lease Authority.--Section 2662(a)(1)(C) of title 10, 
United States Code, is amended by inserting after ``United States,'' 
the following: ``other than a lease entered into pursuant to section 
2667 of this title,''.
    (b) Leases of Non-Excess Property.--Section 2667 of such title is 
amended--
            (1) in subsection (c), by striking paragraph (4);
            (2) in subsection (d), by striking paragraph (6);
            (3) in subsection (h), by striking paragraphs (3) and (5); 
        and
            (4) by adding at the end the following new subsection:
    ``(k) Notice-and-Wait Requirements.--(1) The Secretary concerned 
may not issue a contract solicitation or other lease offering under 
this section for a lease with an annual rental value that is greater 
than $750,000 (other than for a lease under subsection (g)) until the 
Secretary submits to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives a 
report with respect to the proposed lease and a period of 30 days has 
elapsed after the date of the submission of the report. Any such report 
shall include the following:
            ``(A) A description of the proposed lease, including the 
        proposed duration of the lease.
            ``(B) A description of the authorities to be used in 
        entering into the lease and the intended participation of the 
        United States in the lease, including a justification of the 
        intended method of participation.
            ``(C) A statement of the scored cost of the lease, 
        determined using the scoring criteria of the Office of 
        Management and Budget.
            ``(D) A determination that the property involved in the 
        lease is not excess property, as required by subsection (a)(3), 
        including the basis for the determination.
            ``(E) A determination that the proposed lease is directly 
        compatible with the mission of the military installation or 
        Defense Agency the property of which is to be subject to the 
        lease and a description of the anticipated long-term use of the 
        property at the conclusion of the lease.
            ``(F) A description of the requirements or conditions 
        within the contract solicitation or other lease offering for 
        the offeror to address taxation issues, including payments-in-
        lieu-of taxes, and other development issues related to local 
        municipalities.
    ``(2) The Secretary concerned may not enter into a lease with 
respect to which a report was required under paragraph (1) until the 
Secretary submits to the committees specified in that paragraph a 
report with respect to the proposed lease and either a period of 30 
days has elapsed after the date of the submission of the report or a 
period of 14 days has elapsed after the date of the submission of a 
copy of the report in an electronic medium pursuant to section 480 of 
this title. Any such report shall include the following:
            ``(A) A copy of the report submitted under paragraph (1) 
        with respect to that lease.
            ``(B) A description of the differences between the report 
        submitted under paragraph (1) and the report being submitted 
        under this paragraph.
            ``(C) A description of the lease payment required under 
        this section, including a description of any in-kind 
        consideration that will be accepted.
            ``(D) A description of any community support facility or 
        provision of community support services under the lease, 
        regardless of whether the facility will be operated by a 
        covered entity or the lessee or the services will be provided 
        by a covered entity or the lessee.
            ``(E) A description of the competitive procedures used to 
        select the lessee or, in the case of a lease involving the 
        public benefit exception authorized by paragraph (2) of 
        subsection (h), a description of the public benefit to be 
        served by the lease.
            ``(F) In the case of a proposed lease under subsection (a) 
        that involves a project related to energy production and for 
        which the term of the lease exceeds 20 years, a certification 
        that the project is consistent with the Department of Defense 
        performance goals and plan required by section 2911 of this 
        title.''.
                                 <all>