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 123STA T . 23 9 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (3)MAT T ERS T OB ERE VI E W E D A N D ASSESSED .—Forpu rpo se s o fth e reports , the Ta s k For c e sha l lre vi e w a nd assess the followin g: ( A ) C ase m anagement, including the num b ers and t y pes of medical and non - medical case managers (including Federal R ecovery Coordinators, Recovery Care Coordina- tors, N ational G uard or Reserve case managers, and other case managers) assigned to recovering wounded, ill, and in j ured members of the Armed Forces, the training pro- vided such case mangers, and the effectiveness of such case mangers in providing care and support to recovering wounded, ill, and injured members of the Armed Forces. ( B ) S taffing of Army W arrior Transition U nits, Marine Corps Wounded Warrior Regiments, Navy and Air Force Medical H old or Medical Holdover Units, and other service- related programs or units for recovering wounded, ill, and injured members of the Armed Forces, including the use of applicable hiring authorities to ensure the proper staffing of such programs and units. (C) The establishment and effectiveness of performance and accountability standards for warrior transition units and programs. ( D ) The availability of services for traumatic brain injury and post traumatic stress disorder. ( E ) The establishment and effectiveness of the Defense Centers of E x cellence for P sychological Health and Trau- matic Brain I njury, and the centers of excellence for mili- tary eye injuries, hearing loss and auditory system injuries, and traumatic extremity injuries and amputations. (F) The effectiveness of the Interagency Program O ffice in achieving fully interoperable electronic health records by September 3 0, 2 00 9 , in accordance with section 16 3 5 of the Wounded Warrior Act (title XV I of Public L aw 110 – 1 8 1 122 Stat. 4 60; 10 U.S.C. 10 7 1 note). (G) The effectiveness of wounded warrior information resources, including the Wounded Warrior Resource Center, the National Resource Directory, Military OneSource, Family Assistance Centers, and Service hotlines, in pro- viding meaningful information for recovering wounded, ill, and injured members of the Armed Forces. (H) The support available to family caregivers of recov- ering wounded, ill, and injured members of the Armed Forces. (I) The legal support available to recovering wounded, ill, and injured members of the Armed Forces and their families. ( J ) The availability of vocational training for recovering wounded, ill, and injured members of the Armed Forces seeking to transition to civilian life. ( K ) The effectiveness of any measures under pilot pro- grams to improve or enhance the military disability evalua- tion system. (L) The support and assistance provided to recovering wounded, ill, and injured members of the Armed Forces as they progress through the military disability evaluation system.


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 123STA T . 23 9 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (M)Thesup p ort s y ste m s in p lac e to ease the transition o f reco v erin gw oun d ed , ill, and in j ured mem b ers of the A rmed F orces from the D epartment of Defense to the Department of V eterans Affairs . ( N ) I nteragency matters affecting recovering wounded, ill, and injured members of the Armed Forces in their transition to civilian life. ( O ) The effectiveness of the S enior Oversight C om - mittee in facilitating and overseeing collaboration between the Department of Defense and the Department of Veterans Affairs on matters relating to the care, management, and transition of recovering wounded, ill, and injured members of the Armed Forces. ( P ) Overall coordination between the Department of Defense and the Department of Veterans Affairs on the matters specified in this paragraph. ( Q ) Such other matters as the Tas k Force considers appropriate in connection with the care, management, and transition of recovering wounded, ill, and injured members of the Armed Forces. ( 4 )T RANSMIT TA L . — Not later than 90 days after receipt of a report re q uired by paragraph ( 1 ), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the H ouse of R epresentatives the report and the Secretary ’ s evaluation of the report. (d) PLAN R EQU IRE D .—Not later than si x months after the receipt of a report under subsection (c), the Secretary of Defense shall, in consultation with the Secretaries of the military depart- ments, submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement the rec- ommendations of the Task Force included in the report. (e) ADMINISTRATI V E MATTERS.— (1) C O M P ENSATION.— E ach member of the Task Force who is a member of the Armed Forces or a civilian officer or employee of the U nited States shall serve on the Task Force without compensation (other than compensation to which enti- tled as a member of the Armed Forces or an officer or employee of the United States, as the case may be). Other members of the Task Force shall be appointed in accordance with, and subject to, the provisions of section 3 1 6 1 of title 5, United States Code. ( 2 ) OVERSI GH T.—The Under Secretary of Defense for Per- sonnel and Readiness shall oversee the Task Force. The W ash- ington Headquarters Services of the Department of Defense shall provide the Task Force with personnel, facilities, and other administrative support as necessary for the performance of the duties of the Task Force. (3) VISITS TO MILITAR YF A C ILITIES.—Any visit by the Task Force to a military installation or facility shall be undertaken through the Deputy Under Secretary of Defense for Personnel and Readiness, in coordination with the Secretaries of the mili- tary departments. (f) TERMINATION.—The Task Force shall terminate on the date that is five years after the date of the enactment of this Act. Deadlin e .

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 123STA T . 23 94PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 SEC.725 .C HIROP R A C T ICC L I N ICAL TRIALS. (a)CLIN I CA L TR IAL SREQU IRE D.— T heS e cr e t ar yofD efe ns e sha l l p ro vid e for the clinical trials descri b ed u nder subsection (b) to be conducted by the N ational I nstitutes of H ealth or an independent acade m ic institution as the Secretary shall select for the purposes of conductin g each trial. (b) CLINICAL TRIALS DESCRI B ED.— ( 1 )C O N T ROLLED TRIALS.—The clinical trials re q uired by subsection (a) shall include controlled trials that , at a minimum, compare the outcomes of chiropractic treatment, used either e x clusively or as an ad j unct to other treatments, w ith conven - tional treatment on the following topics ( A ) P ain management. ( B ) O rthopedic injuries or disorders that do not require surgery. (C) Smo k ing cessation. ( 2 ) INTER V ENTIONAL TRIALS.—The clinical trials required by subsection (a) shall include interventional trials that, at a minimum, cover the following topics: (A) The effect of chiropractic treatment on the reflexes and reaction times of special operation forces. (B) The effect of chiropractic treatment on strength, balance, and injury prevention for members of the Armed F orces with combat specialties operating in a combat the- ater. (c) SC H EDULE.— (1) FIRST TRIAL.—The first clinical trial required by sub- section (a) shall begin not later than one year after the date of the enactment of this Act. (2) FINAL TRIAL.—The final clinical trial required by sub- section (a) shall begin not later than two years after the date of the enactment of this Act. (d) TRIAL PARTICI P ANTS.—A participant of a clinical trial required by subsection (a) shall be a member of the Armed Forces on active duty. (e) CHIROPRACTIC PROVIDERS.—Chiropractic treatment provided during a clinical trial required by subsection (a) shall be provided by a doctor of chiropractic who is licensed as a doctor of chiropractic, chiropractic physician, or chiropractor by a State, the District of Columbia, or a territory or possession of the U nited States, subject to credentialing requirements prescribed by the Secretary. (f) REPORTS.— (1) TRIAL PROTOCOL REPORTS.—Not later than 30 days before each clinical trial required by subsection (a) is scheduled to begin, the Secretary shall submit to the congressional defense committees a report on the protocol of such clinical trial. (2) FINAL REPORTS.—Not later than one year after the completion of each clinical trial required by subsection (a), the Secretary shall submit to the congressional defense commit- tees a report on such clinical trial, including any recommenda- tions regarding chiropractic treatment for covered beneficiaries (as such term is defined in section 10 7 2( 5 ) of title 10, United States Code).


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 123STA T . 23 95PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 SEC.726 . IND E P ENDEN T ST U D YO N POST - T RA U M ATIC STRESS DIS- ORDER E F FORTS. (a)STUDYREQ U IR ED .—The Se cr e t ar yofD efe ns e ,i n cons ul tation w ith the Secretary of V eterans A ffairs, shall p ro v i d e for a study on the treat m ent of post - traumatic stress disorder to b e conducted by the I nstitute of M edicine of the N ational Academy of Sciences or such other independent entity as the Secretary shall select for purposes of the study. (b) EL E M E N T S .—The study re q uired by subsection (a) shall include the followin g: ( 1 ) A list of each operative program and method available for the prevention, screening, diagnosis, treatment, or rehabilitation of post-traumatic stress disorder, including— (A) the rates of success for each such program or method (including an operational definition of the term ‘ ‘success ’ ’ and a discussion of the process used to quantify such rates) ( B ) based on the incidence of actual diagnoses, an estimate of the number of members of the Armed F orces and veterans diagnosed by the Department of Defense or the Department of Veterans Affairs as having post-trau- matic stress disorder and the number of such veterans who have been successfully treated; and ( C ) any collaborative efforts between the Department of Defense and the Department of Veterans Affairs to pre- vent, screen, diagnose, treat, or rehabilitate post-traumatic stress disorder. ( 2 ) The status of studies and clinical trials involving innova- tive treatments of post-traumatic stress disorder that are con- ducted by the Department of Defense, the Department of Vet- erans Affairs, or the private sector, including— (A) efforts to identify physiological mar k ers of post- traumatic stress disorder; (B) with respect to efforts to determine causation of post-traumatic stress disorder, brain imaging studies and the correlation between brain region physiology and post- traumatic stress disorder diagnoses and the results (including any interim results) of such efforts; (C) the effectiveness of alternative therapies in the treatment of post-traumatic stress disorder, including the therapeutic use of animals; (D) the effectiveness of administering pharmaceutical agents before, during, or after a traumatic event in the prevention and treatment of post-traumatic stress disorder; and (E) identification of areas in which the Department of Defense and the Department of Veterans Affairs may be duplicating studies, programs, or research with respect to post-traumatic stress disorder. ( 3 ) A description of each treatment program for post-trau- matic stress disorder, including a comparison of the methods of treatment by each program, at the following locations: (A) Fort H ood, Te x as. (B) Fort Bliss, Texas. (C) Fort Campbell, Tennessee. (D) O ther locations the entity conducting the study considers appropriate.


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 123STA T . 23 96PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (4)Ther e sp e ctiv ec u rre n t a n d pr oj ected f uture annua l e x penditures by the D epart m ent of Defense and the Depart - ment of V eterans A ffairs for the treatment and rehabilitation of post-traumatic stress disorder . ( 5 ) A description of g ender-specific and racial and ethnic group-specific mental health treatment and services available for members of the Armed F orces , including — (A) the availability of such treatment and services ( B ) the access to such treatment and services; ( C ) the need for such treatment and services; and (D) the efficacy and ade q uacy of such treatment and services. ( 6 ) A description of areas for expanded future research w ith respect to post-traumatic stress disorder. ( 7 ) Any other matters the S ecretary of Defense and Sec- retary of Veterans Affairs consider relevant with respect to the purposes of obtaining a comprehensive scientific assessment of— (A) the incidence of post-traumatic stress disorder among members of the Armed Forces and veterans; (B) the availability and effectiveness of various treat- ment programs and methods available for post-traumatic stress disorder; (C) the current and future projected costs of such treat- ment programs and methods; or (D) additional areas of needed research. ( 8 ) Any other matters the entity conducting the study con- siders relevant. (c) REPORTS .— ( 1 ) INI TI AL REPORT.— N ot later than J uly 1, 20 12, the entity conducting the study required by subsection (a) shall submit to the Secretary of Defense, the Secretary of Veterans Affairs, and the appropriate committees a report on the study. (2) RESPONSE.—Not later than January 1, 201 3, the Sec- retary of Defense and the Secretary of Veterans Affairs shall each submit to the appropriate committees a response to the report submitted under paragraph (1), including any rec- ommendations on the treatment of post-traumatic stress dis- order based on such report. (d) U P D ATED REPORTS RE QU IRED.— (1) UPDATED REPORT.—Not later than July 1, 2014, the entity conducting the study required by subsection (a) shall submit to the Secretary of Defense, the Secretary of Veterans Affairs, and the appropriate committees an update of the report required by subsection (c). (2) UPDATED RESPONSE.—Not later than January 1, 2015, the Secretary of Defense and the Secretary of Veterans Affairs shall each submit to the appropriate committees a response to the updated report submitted under paragraph (1), including any recommendations on the treatment of post-traumatic stress disorder based on such updated report. (e) APPROPRIATE CO M MITTEES DE F INED.—In this section, the term ‘ ‘appropriate committees ’ ’ means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Veterans’ Affairs, and the Committee on E nergy and Commerce of the H ouse of Represent- atives; and


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 123STA T . 23 97PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (2)theCom m i ttee o nAr me dS er v i c e s, the Committee on A p propri a tions, the Committee on V eterans ’ A f fairs, and the Committee on H ea l th, E d u cation, L a b or, and P ensions of the Senate .SEC.72 7. R E PO R T O NIM P L EMENT A TION O F RE QU IREMENTS ON T H E RELATIONSHIP B ET W EEN THE TRICARE PRO G RAM AN D EMPLO Y ER - SPONSORED GROUP HEALTH PLANS. (a) REPORT RE QUI RE D . —N ot later than M arch 31 ,2 0 10, the Secretar y of D efense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the re q uirements of section 10 97 cof title 10, U nited States Code, relatin g to the relationship bet w een the T R I CARE program and employer - sponsored group health plans. (b) E L E M E N T S .—The report required by subsection (a) shall include the following (1) A description of the e x tent to which the Secretary has established measures to assess the effectiveness of section 1097c of title 10, United States Code, in reducing health care costs to the Department for military retirees and their families, and an assessment of the effectiveness of any measures so established. (2) An assessment of the extent to which the implementa- tion of such section 1097c has resulted in the migration of military retirees from coverage under the TRICARE Standard option of the TRICARE program to coverage under the TRICARE Prime option of the TRICARE program. (3) A description of the exceptions adopted under subsection (a)(2) of such section 1097c to the requirements under such section 1097c, and an assessment of the effect of the exercise of any exceptions adopted on the administration of such section 1097c. ( 4 ) An assessment of the extent to which the Secretary collects and assembles data on the treatment of employees eligible for participation in the TRICARE program in compari- son with similar employees who are not eligible for participation in that program. ( 5 ) A description of the outreach conducted by the Secretary to inform individuals eligible for participation in the TRICARE program and employers of their respective rights and respon- sibilities under such section 1097c, and an assessment of the effectiveness of any outreach so conducted. ( 6 ) Such other matters with respect to the administration and effectiveness of the authorities in such section 1097c as the Secretary considers appropriate. SEC. 72 8 . REPORT ON STIPENDS FOR MEMBERS OF RESER V E COMPO- NENTS FOR HEALTH CARE FOR CERTAIN DEPENDENTS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on stipends paid under section 704 of the National Defense Authori z ation Act for F iscal Y ear 200 8 (Public Law 110 – 181 122 Stat. 188; 10 U.S.C. 1076 note). The report shall include— (1) the number of stipends paid; (2) the amount of the average stipend; and (3) the number of members who received such stipends.


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 123STA T . 23 98PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 TI T LEV III —ACQU I S ITI ONP OLIC Y, AC - QUISITION M ANA G EMENT, AN DR E- LATED MATTERS Subti t leA— A cq ui s iti onP olic ya n dM ana g e m ent Sec .801 . T em p o r ary aut h ority to acquire products and ser v ices produced in coun - tries along a ma j or route o f supply to Afghanistan report. Sec. 80 2 . Assessment of improvements in service contracting. Sec. 80 3 . D isplay of annual budget requirements for procurement of contract serv- ices and related clarifying technical amendments. Sec. 80 4 . I mplementation of ne w acquisition process for information technology sys- tems. Sec. 80 5 . L ife-cycle management and product support. Sec. 80 6 . Treatment of non-defense agency procurements under joint programs with intelligence community. Sec. 80 7 . Policy and requirements to ensure the safety of facilities , infrastructure, and equipment for military operations. Subtitle B —Amendments to G eneral C ontracting Authorities, Procedures, and Limitation Sec. 811. J ustification and approval of sole-source contracts. Sec. 812. R evision of Defense Supplement relating to payment of costs prior to definiti z ation. Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. Sec. 814. Amendment to notification requirements for awards of single source tas k or delivery orders. Sec. 815. Clarification of uniform suspension and debarment requirement. Sec. 816. Ex tension of authority for use of simplified acquisition procedures for cer- tain commercial items. Sec. 817. Reporting requirements for programs that qualify as both major auto- mated information system programs and major defense acquisition pro- grams. Sec. 818. Small arms production industrial base matters. Sec. 81 9 . Contract authority for advanced component development or prototype units. Sec. 820. Publication of notification of bundling of contracts of the Department of Defense. Subtitle C—Contractor Matters Sec. 821. Authority for Government support contractors to have access to technical data belonging to prime contractors. Sec. 822. Extension and enhancement of authorities on the Commission on W ar- time Contracting in Iraq and Afghanistan. Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to compa- nies found to jeopardize health or safety of Government personnel. Subtitle D—Acquisition Workforce Matters Sec. 831. Enhancement of expedited hiring authority for defense acquisition work- force positions. Sec. 832. F unding of Department of Defense Acquisition Workforce Development Fund. Sec. 833. Review of post-employment restrictions applicable to the Department of Defense. Sec. 834. Review of Federal acquisition workforce training and hiring. Subtitle E— O ther Matters Sec. 841. Reports to Congress on full deployment decisions for major automated in- formation system programs. Sec. 842. Authorization to take actions to correct the industrial resource shortfall for high-purity beryllium metal. Sec. 843. Report on rare earth materials in the defense supply chain. Sec. 844. Comptroller General report on structure and management of subcontrac- tors under contracts for major weapon systems. Sec. 845. Study of the use of factors other than cost or price as the predominate factors in evaluating competitive proposals for defense procurement con- tracts.


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 123STA T . 23 9 9 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 Sec.846 . R e p e alofr e qui re m e nts relatin g tot h e militar y system essential item b rea k out list. Sec. 84 7 . Ex tension of S BI Ran d S T TR programs of the D epartment of Defense. Sec. 848. Extension of authority for small business inno v ation research C ommer - ciali z ation P ilot Program. Subti t leA— A cq ui s iti onP olic ya n dM ana g e m ent SEC.801 . T E MPORA R Y A U T H OR I TYTOAC Q UIRE PRO D UCTS A N D SER V- ICES PRODUCED IN COUNTRIES A L ON G AMA J OR ROUTE O F SUPPLY TO AFGHANISTAN REPORT. (a)INGE NE RAL.— I nthec a s e of a pr o du ct or ser vi ce to b e ac q uired in support of m i l itar y or stability operations in A f g hanistan for w hich the S ecretary of D efense ma k es a determination described in subsection (b) , the Secretary may conduct a procurement in which— ( 1 ) competition is limited to products or services that are from one or more countries along a ma j or route of supply to Afghanistan or ( 2 ) a preference is provided for products or services that are from one or more countries along a major route of supply to Afghanistan. (b) DE T ER MI NATI O N.—A determination described in this sub - section is a determination by the Secretary that— (1) the product or service concerned is to be used— (A) in the country that is the source of the product or service; ( B ) in the course of efforts by the U nited States and the N A TO International Security Assistance F orce to ship goods to Afghanistan in support of military or stability operations in Afghanistan; or ( C ) by the military forces, police, or other security personnel of Afghanistan; (2) it is in the national security interest of the United States to limit competition or provide a preference as described in subsection (a) because such limitation or preference is nec- essary— (A) to reduce overall United States transportation costs and risks in shipping goods in support of military or sta- bility operations in Afghanistan; (B) to encourage countries along a major route of supply to Afghanistan to cooperate in e x panding supply routes through their territory in support of military or stability operations in Afghanistan; or (C) to help develop more robust and enduring routes of supply to Afghanistan; and ( 3 ) limiting competition or providing a preference as described in subsection (a) will not adversely affect— (A) military or stability operations in Afghanistan; or (B) the United States industrial base. (c) P RO DUC T S AND SER V ICES FROM A COUNTR Y ALON G A M A J OR R OUTE O F SU P PLY TO AFG H ANISTAN.—For the purposes of this sec- tion (1) A product is from a country along a major route of supply to Afghanistan if it is mined, produced, or manufactured in a covered country.


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 123STA T . 2 40 0 PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(2)Aservic eis f r oma co unt r y a l on g ama j or route of su p ply to Afg h anistan if it is performe d in a covered country b y citi z ens or permanent resident aliens of a covered country . (d) COVER E D CO UNT R YD E FI NED. —I n this section , the term ‘ ‘covered country ’ ’ means G eorgia, K yrgyzstan, P a k istan, Armenia, Azerbaijan, Kazakhstan, T ajikistan, U zbekistan, or Turkmenistan. (e) CON S TRU C TION W IT HO THER AUTHORITY.—The authority provided in subsection (a) is in addition to the authority set forth in section 8 8 6 of the N ational Defense Authorization Act for F iscal Y ear 2 0 08 (Public L a w1 10 – 181 122 S tat. 266; 10 U.S.C. 2 3 02 note). (f) TER M IN A TION OF AUTHORITY.—The Secretary of Defense may not e x ercise the authority provided in subsection (a) on or after the date occurring three years after the date of the enactment of this Act. (g) R E P ORT ON AUTHORITY.—Not later than April 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority provided in sub - section (a). The report shall address, at a minimum, the following (1) The number of determinations made by the Secretary pursuant to subsection (b). (2) A description of the products and services ac q uired using the authority. (3) The extent to which the use of the authority has met the objectives of subparagraph (A), ( B ), or (C) of subsection (b)(2). ( 4 ) A list of the countries providing products or services as a result of a determination made pursuant to subsection (b). ( 5 ) Any recommended modifications to the authority. SEC.802 . A SSESS M E NTOFI M PR O V EMENTS IN SERVICE CONTRACTIN G . (a) ASSESSMENT RE Q UIRED.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall direct the Defense Science Board to conduct an independent assessment of improve- ments in the procurement and oversight of services by the Depart- ment of Defense. (b) M ATTERS COVERED.—The assessment required by subsection (a) shall include the following: (1) An assessment of the quality and completeness of guid- ance relating to the procurement of services, including implementation of statutory and regulatory authorities and requirements. (2) A determination of the extent to which best practices are being developed for setting requirements and developing statements of work. (3) An assessment of the contracting approaches and con- tract types used for the procurement of services and whether such contracting approaches and contract types best serve the interests of the Department of Defense. (4) A determination of whether effective standards to measure performance have been developed. (5) An assessment of the effectiveness of peer reviews within the Department of Defense of contracts for services and whether such reviews are being conducted at the appro- priate dollar threshold.


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ⅹⅵ sect who professed to have found the truth, and who preached the faith of their father Abraham, nothing more nor less, in fact, than the doctrine of the unity of God. These also called themselves ʿHanîfs, and Mohammed himself at first adopted the title as expressing the faith of Abraham but subsequently changed it to Muslim.

The chief seat of the cult of the deities of Arabia was Mecca, also called Bekka, both names signifying a place of concourse; another name of the city is Umm el Qurâ, 'the mother of cities,' or metropolis. It was built about the middle of the fifth century of our era by the Qurâis on their obtaining possession of the Kaabah, the most ancient shrine in the country. It is situated in a narrow sandy valley shut in by bare mountains. The soil around the city is stony and unproductive, and the inhabitants are obliged to import their own provisions. To furnish this supply with more regularity Hâshim, Mohammed’s grandfather, appointed two caravans, one in winter and the other in summer, to set out yearly; they are mentioned in the Qurʼân, Chapter ⅭⅥ.

The territory of Mecca was held sacred; it was a sanctuary for man and beast, since it was unlawful to take any life there save those of the animals brought thither for sacrifice, at the time of the great gatherings of pilgrims who flocked yearly to the shrine.

The Kaabah is mentioned by Diodorus as a famous temple whose sanctity was even then revered by all the Arabians; its origin must therefore be ascribed to a very remote period.

The name, which simply means 'a cube,' was given it on account of its shape, it being built square of unhewn stones. It was supposed to have been built by Adam from a model brought from heaven, and to have been subsequently restored by Seth, and later on by Abraham and Ishmael.

The stone on which Abraham stood when rebuilding the


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 123STA T . 2 40 1 PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(6)Anas s e ss m en tof t h e mana g ement st ruc ture for the p rocurement of ser vi ces , inc l u d ing ho w the militar y depart - ments and D efense Agencies have implemented section 23 3 0 of title 1 0, U nited S tates C ode . ( 7 ) A determination of whether the performance savings goals re q uired b y section 8 02 of the N ational Defense Authori z a- tion Act for F iscal Y ear 2002 (10 U.S.C. 2330 note) are being achieved. (8) An assessment of the effectiveness of the Acquisition Center of Ex cellence for Services established pursuant to section 1 4 31(b) of the Services Acquisition R eform Act of 2003 (title XIV of P ublic L aw 108 – 136 117 Stat. 1671; 41 U.S.C. 40 5 note) and the feasibility of creating similar centers of excellence in the military departments. ( 9 ) An assessment of the quality and sufficiency of the acquisition wor k force for the procurement and oversight of serv- ices. (10) Such other related matters as the Under Secretary considers appropriate. (c) R EPORT . — Not later than M arch 10, 2010, the Under Sec- retary shall submit to the congressional defense committees a report on the results of the assessment, including such comments and recommendations as the Under Secretary considers appropriate. SEC.803 . DI S PLAYOF A N N U AL B UD G E TR E Q UIRE M ENTS FOR PROCUREMENT OF CONTRACT SER V ICES AND RELATED CLARIFYING TEC H NICAL AMENDMENTS. (a) CO DIF I CA TIO N OF RE QU IRE M ENT FOR SPECIFICATION OF AMOUNT S REQUESTED FOR PROCUREMENT OF CONTRACT SER V ICES.— (1) IN G ENERA L .—Chapter 9 of title 10, United States Code, is amended by inserting after section 234 the following new section

‘ §235.Procu r em e nt o f contr a ct s er vi ces s p ecification of amounts re q ueste d in b ud g et ‘ ‘(a) SU B MISSION W IT H ANNUAL B UDGET J USTIFICATION MATE- RIALS.—In the budget j ustification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include the information described in subsection (b) with respect to the procure- ment of contract services. ‘‘(b) INFORMATION PROVIDED.—For each budget account, the materials submitted shall clearly and separately identify— ‘‘(1) the amount requested for the procurement of contract services for each Department of Defense component, installa- tion, or activity; and ‘‘(2) the number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) projected and justified for each Department of Defense component, installation, or activity based on the inven- tory of contracts for services required by subsection (c) of section 2330a of this title and the review required by subsection (e) of such section. ‘‘(c) CONTRACT SERVICES DEFINED.—In this section, the term ‘contract services ’ — ‘‘(1) means services from contractors; but


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 123STA T . 2 40 2 PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9‘ ‘ (2)exclud e s se rvi ces rel at i ng t o researc h and develo pm ent and services relating to militar y construction .’ ’. (2) CLERICA LA M E ND MEN T . —T he ta b leo f sections at the beginning of such chapter is amended by adding at the end the follo w ing new item

‘ 235.Procu r em e nt o f contr a ct s er vi ces s p ecification of amounts re q ueste d in b ud g- et. ’ ’. ( 3 ) R E P EAL OFSU PERSEDED PRO V ISION.— S ection 806 of the N ational D efense A uthori z ation Act for F iscal Y ear 2008 ( P ublic L aw 1 10 – 181 10 U .S.C. 221 note) is repealed. (b) CLARIFICATION OF CONTRACT SERVICES REVIE W AND PLAN - NIN G RE Q UIREMENTS.—Section 2330a(e) of title 10 , United States Code, is amended in paragraph ( 4 ) by inserting after ‘‘plan’’ the following: ‘‘, including an enforcement mechanism and approval process,’’. (c) COMPTROLLER G ENERAL REPORT ON I NVENTOR Y .—Not later than 180 days after the date on which the Secretary of Defense submits to Congress the inventory re q uired by section 2330a(c) of title 10, United States Code, in each of 2010, 2011 and 2012, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the H ouse of Representatives a report on the inventory so submitted, with such findings and recommendations as the Comptroller General considers appropriate. SEC.804 . IMPL EME NTA TI O NO F NE W AC QU ISITION P R OCESS FOR INFORMATION TEC H NOLO GY SYSTEMS. (a) NEW ACQUISITION PROCESS REQUIRED.—The Secretary of Defense shall develop and implement a new acquisition process for information technology systems. The acquisition process devel- oped and implemented pursuant to this subsection shall, to the extent determined appropriate by the Secretary— (1) be based on the recommendations in chapter 6 of the M arch 200 9 report of the Defense Science B oard Tas k Force on Department of Defense Policies and Procedures for the Acquisition of Information Technology; and (2) be designed to include— (A) early and continual involvement of the user; (B) multiple, rapidly executed increments or releases of capability; (C) early, successive prototyping to support an evolutionary approach; and (D) a modular, open-systems approach. (b) REPORT TO CONGRESS.—Not later than 2 7 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the new acquisition process developed pursuant to subsection (a). The report required by this subsection shall, at a minimum— (1) describe the new acquisition process; (2) provide an explanation for any decision by the Secretary to deviate from the criteria established for such process in paragraphs (1) and (2) of subsection (a); (3) provide a schedule for the implementation of the new acquisition process; (4) identify the categories of information technology acquisi- tions to which such process will apply; and 10USC2 22 5note.


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 123STA T . 2 40 3 PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(5)includeth e S ec r et a r y’s rec om mendations f or any le g isla - tion that may b ere q uired to im p lement the ne w acquisition process .SEC.805 . LIF E - C Y CLE MAN A G EMEN T AN DPRO D U CT SUPPORT. (a) GUIDANCEO N L I F E-C Y C L E M ANA G E M EN T . —N ot later than 180 days after the date of the enactment of this A ct , the Secretary of D efense shall issue comprehensi v e guidance on life-cycle manage- ment and the development and implementation of product support strategies for ma j or weapon systems. T he guidance issued pursuant to this subsection shall— (1) ma x imi z e competition and ma k e the best possible use of available Department of Defense and industry resources at the system, subsystem, and component levels and ( 2 ) maximize value to the Department of Defense by pro- viding the best possible product support outcomes at the lowest operations and support cost. (b) PR ODUCT SU P PORT MANAGER S .— (1) R E Q UIREMENT.—The Secretary of Defense shall require that each major weapon system be supported by a product support manager in accordance with this subsection. (2) RESPONSI B ILITIES.—A product support manager for a major weapon system shall— (A) develop and implement a comprehensive product support strategy for the weapon system; ( B ) conduct appropriate cost analyses to validate the product support strategy, including cost-benefit analyses as outlined in O ffice of Management and Budget C ircular A –94 (C) assure achievement of desired product support out- comes through development and implementation of appro- priate product support arrangements; (D) adjust performance requirements and resource allocations across product support integrators and product support providers as necessary to optimize implementation of the product support strategy; ( E ) periodically review product support arrangements between the product support integrators and product sup- port providers to ensure the arrangements are consistent with the overall product support strategy; and ( F ) prior to each change in the product support strategy or every five years, whichever occurs first, revalidate any business-case analysis performed in support of the product support strategy. (c) GO V ERNMENT PERFORMANCE OF PRODUCT SUPPORT MANAGER FUNCTION.—Section 820(a) of the J ohn W arner National Defense Authorization Act for Fiscal Y ear 200 7 (Public Law 109– 36 4; 120 Stat. 2330) is amended— (1) by redesignating paragraphs (3), (4), and (5) as para- graphs (4), (5) and (6), respectively; and (2) by inserting after paragraph (2) the following new para- graph (3)

‘(3) Product support manager.’’. (d) DEFINITIONS.— I n this section: (1) The term ‘‘product support’’ means the package of sup- port functions required to field and maintain the readiness 10USC 1 7 01 note.D e adli ne. 10 USC 23 02 note.


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 123STA T . 2 40 4 PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9andoper a ti ona lc apa b ilit y o fm a j or w eapon s ystems , s u b - systems, and components, includin g all functions related to weapon system readiness .(2)Th e term ‘ ‘product support arrangement ’ ’ means a con- tract, tas k order, or any type of other contractual arrangement, or any type of agreement or non-contractual arrangement within the F ederal G o v ernment, for the performance of sustainment or logistics support re q uired for major weapon systems, subsystems, or components. The term includes arrangements for any of the following ( A ) P erformance-based logistics. ( B ) S ustainment support. ( C ) Contractor logistics support. ( D ) L ife-cycle product support. ( E ) W eapon systems product support. ( 3 ) The term ‘‘product support integrator’’ means an entity within the Federal Government or outside the Federal Govern- ment charged with integrating all sources of product support, both private and public, defined within the scope of a product support arrangement. ( 4 ) The term ‘‘product support provider’’ means an entity that provides product support functions. The term includes an entity within the Department of Defense, an entity within the private sector, or a partnership between such entities. ( 5 ) The term ‘‘major weapon system’’ has the meaning given that term in section 23 0 2d of title 1 0, U nited States Code. SEC.806 . TR E A T M E N T OF NON -D EFENSE A G ENC YP ROC U REMENTS UNDER J O I NT PROGRAMS W IT H INTE L LIGENCE COMMU- NITY. Section 8 01(b) of the N ational Defense Authori z ation Act for Fiscal Y ear 2008 (10 U.S.C. 2304 note) is amended by adding at the end the following new paragraph: ‘‘(3) T REATM E N T OFP RO CU REMENT S UN D ER J O I NT PRO G RAMS W IT H INTE L LIGENCE COMMUNIT Y . — For purposes of this sub- section, a contract entered into by a non-defense agency that is an element of the intelligence community (as defined in section 3(4) of the National Security Act of 1 9 4 7 (50 U.S.C. 401a(4))) for the performance of a joint program conducted to meet the needs of the Department of Defense and the non- defense agency shall not be considered a procurement of prop- erty or services for the Department of Defense through a non- defense agency.’’. SEC. 80 7 . POLICY AND RE Q UIREMENTS TO ENSURE THE SAFETY OF FACILITIES , INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY OPERATIONS. (a) POLICY.— I t shall be the policy of the Department of Defense that facilities, infrastructure, and equipment that are intended for use by military or civilian personnel of the Department in current or future military operations should be inspected for safety and habitability prior to such use, and that such facilities should be brought into compliance with generally accepted standards for the safety and health of personnel to the ma x imum extent prac- ticable and consistent with the requirements of military operations and the best interests of the Department of Defense, to minimize the safety and health risk posed to such personnel. 10USC 11 3note.


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 123STA T . 2 405PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(b)REQUIR E M E NTS.—Notla t er t h a n60d a ys a f ter the date of the ena c t m ent of th i s A ct , the S ecretary of D efense shall— ( 1 ) ens u re that each contract or tas k or deli v ery order entered into for the construction, installation, re p air, mainte - nance, or operation of facilities for use by military or civilian personnel of the Department complies w ith the policy estab- lished in subsection (a) ( 2 ) ensure that contracts entered into prior to the date that is 60 days after the date of the enactment of this Act comply with such policy to the ma x imum extent practicable; ( 3 ) define the term ‘ ‘ g enerally accepted standards ’ ’ with respect to fire protection, structural integrity, electrical sys- tems, plumbing, water treatment, waste disposal, and tele- communications networks for the purposes of this section; and ( 4 ) provide such exceptions and limitations as may be needed to ensure that this section can be implemented in a manner that is consistent with the re q uirements of military operations and the best interests of the Department of Defense. Subti t leB—Am e nd ment s t oG ene ra l C on - tra c tin g Aut h orities ,P rocedures, and L imitation SEC.81 1. JU S TIF IC A TI ON AN D A P P R O V A L OF SOLE - SOURCE CON- TRACTS. (a) I N G ENER AL .—Not later than 1 8 0 days after the date of the enactment of this Act, the F ederal Acquisition Regulation shall be revised to provide that the head of an agency may not award a sole-source contract in a covered procurement for an amount exceeding $ 20,000,000 unless— (1) the contracting officer for the contract j ustifies the use of a sole-source contract in writing; (2) the justification is approved by the appropriate official designated to approve contract awards for dollar amounts that are comparable to the amount of the sole-source contract; and (3) the justification and related information are made public as provided in sections 2304(f)(1)( C ) and 2304(l) of title 10, U nited States Code, or sections 303(f)(1)(C) and 303(j) of the Federal P roperty and Administrative Services Act of 1 9 49 (41 U.S.C. 2 5 3(f)(1)(C) and 253(j)), as applicable. (b) E LEMENTS OFJ USTIFI C ATION.— T he justification of a sole- source contract required pursuant to subsection (a) shall include the following (1) A description of the needs of the agency concerned for the matters covered by the contract. (2) A specification of the statutory provision providing the exception from the requirement to use competitive procedures in entering into the contract. (3) A determination that the use of a sole-source contract is in the best interest of the agency concerned. (4) A determination that the anticipated cost of the contract will be fair and reasonable. (5) Such other matters as the head of the agency concerned shall specify for purposes of this section. (c) DEFINITIONS.—In this section: Deadlin e .41USC 4 2 1n ot e. Deadline.


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 123STA T . 2 406PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(1)COVER E DP RO CU RE M E NT.—Thet e rm‘ ‘ cov ere dp roc u re - me n t ’ ’me a n s e i ther o f the fo l lo w in g: ( A ) A procurement descri b ed in section 2304 (f)(2)( D )(ii) of title 10 ,U nited S tates Code. ( B ) A procurement described in section 303(f)(2)(D)(ii) of the F ederal P ropert y and Administrative Services Act of1 9 49 (41 U.S.C. 2 5 3(f)(2)(D)(ii)). (2) H E A DO F ANA G ENC Y .—The term ‘‘head of an agency’’— (A) in the case of a covered procurement as defined in paragraph (1)(A), has the meaning provided in section 2302(1) of title 10, United States Code and (B) in the case of a covered procurement as defined in paragraph (1)(B), has the meaning provided the term ‘‘agency head’’ in section 309(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(a)). (3) APPROPR I ATE OFFICIA L .—The term ‘‘appropriate official’’ means— (A) in the case of a covered procurement as defined in paragraph (1)(A), an official designated in section 2304(f)(1)(B) of title 10, United States Code; and (B) in the case of a covered procurement as defined in paragraph (1)(B), an official designated in section 303(f)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)(B)). SEC.812 . R E VI SI ON O FD EFENSE S UP P L E M EN T REL A TIN G TO PA Y- MENT OF COSTS PRIOR TO DEFINITI Z ATION. (a) R EVI S ION RE Q UIRED.— N ot later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Ac q uisition Regula- tion to ensure that any limitations described in subsection (b) are applicable to all categories of undefiniti z ed contractual actions (including undefinitized tas k orders and delivery orders). (b) L IMITATIONS.—The limitations referred to in subsection (a) are any limitations on the reimbursement of costs and the payment of profits or fees with respect to costs incurred before the definitization of an undefinitized contractual action of the Depart- ment of Defense, including— (1) such limitations as described in part 52.21 6 -26 of the Federal Acquisition Regulation; and (2) any such limitations implementing the requirements of section 809 of the National Defense Authorization Act for Fiscal Y ear 2008 (Public Law 110 – 181; 10 U.S.C. 2326 note). SEC. 81 3 . REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN IRA Q AND AFG H ANISTAN. (a) REVISIONS TO DEFINITION OF CONTRACT IN I RAQ OR AFG H ANI- STAN.—Section 864(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended— (1) by striking ‘‘or a task order or delivery order at any tier issued under such a contract’’ and inserting ‘‘a task order or delivery order at any tier issued under such a contract, a grant, or a cooperative agreement’’; (2) by striking in the parenthetical ‘‘or task order or delivery order’’ and inserting ‘‘task order, delivery order, grant, or cooperative agreement’’; Deadlin e .10USC23 2 6 n ot e.


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 123STA T . 2 407PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(3)bystrik i ng‘ ‘ o rt a sk or del i v ery order ’ ’a f ter t h e p ar - entheti c al and inserting ‘‘task order , delivery order, grant, or cooperative agree m ent’’ and ( 4 ) by striking ‘‘ 1 4 days’’ and inserting ‘‘3 0 days’’ . (b) REVIS I ONT O D E F INITION OF C OVE R E D CONTR AC T. —S ection 86 4(a)(3) of s u ch A ct( P ublic L a w 110 – 181; 1 2 2 Stat. 2 59 U .S.C. 2302 note) is amended— (1) by striking ‘‘or’’ at the end of subparagraph ( B ); (2) by striking the period and inserting a semicolon at the end of subparagraph (C); and (3) by adding at the end the following new subparagraphs ‘‘(D) a grant for the performance of services in an area of combat operations, as designated by the Secretary of Defense under subsection (c) of section 862; or ‘‘( E ) a cooperative agreement for the performance of services in such an area of combat operations.’’. (c) REVISION TO DEFINITION OF CONTRACTOR.—Paragraph (4) of section 864(a) of such Act (Public Law 110–181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended to read as follows: ‘‘(4) CONTRACTOR.— T he term ‘contractor’, with respect to a covered contract, means— ‘‘(A) in the case of a covered contract that is a contract, subcontract, task order, or delivery order, the contractor or subcontractor carrying out the covered contract; ‘‘(B) in the case of a covered contract that is a grant, the grantee; and ‘‘(C) in the case of a covered contract that is a coopera- tive agreement, the recipient.’’. (d) REVISION IN V A LU E OF CONTRACTS COVERED BY CERTAIN RE P ORT.—Section 1248(c)(1)(B) of such Act (Public Law 110–181; 122 Stat. 400) is amended by striking ‘‘ $ 25,000’’ and inserting ‘‘$100,000’’. SEC.814 . AM E ND MEN T T O NOT IF ICATION R E QU IREMENTS FOR A W ARDS OF SIN GL E SOURCE TAS K OR DELI V ER Y ORDERS. (a) CON G RESSIONAL DEFENSE CO M MITTEES.—Subparagraph (B) of section 2304a(d)(3) of title 10, United States Code, is amended to read as follows: ‘‘(B) The head of the agency shall notify the congressional defense committees within 30 days after any determination under clause (i), (ii), (iii), or (iv) of subparagraph (A).’’. (b) CONGRESSIONAL I NTELLIGENCE COMMITTEES.—In the case of a task or delivery order contract awarded with respect to intel- ligence activities of the Department of Defense, any notification provided under subparagraph (B) of section 2304a(d)(3) of title 10, United States Code, as amended by subsection (a), shall also be provided at the same time as notification is provided to the congressional defense committees under that subparagraph— (1) to the Permanent Select Committee on Intelligence of the H ouse of Representatives insofar as such task or delivery order contract relates to tactical intelligence and intelligence- related activities of the Department; and (2) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives insofar as such task or delivery order contract relates to intelligence and intelligence-related activities 10USC23 0 4anote.D ea dli ne. 8 USC 11 57 note.
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 123STA T . 2 408PUBLIC LA W 111 – 84 —O CT. 28 , 200 9oftheD e par t m e n t other than tho s e spe ci fie d in para g raph (1).SEC.815 .C LARIF ICA T I ON OF U NIFOR M SUS P ENSION AN D DE B ARMENT RE Q UIREMENT. S ection 245 5(c)(1) of the F edera lA c qu isition Streamlining Act of1 9 94( 3 1 U .S. C . 6 1 0 1 note) is amended by adding at the end the follo w ing

‘Such term includes subcontracts at any tier , other than subcontracts for commercially a v ailable off - the-shelf items (as defined in section 35(c) of the O ffice of Federal P rocurement Policy Act (41 U.S.C. 431(c))), e x cept that in the case of a contract for commercial items, such term includes only first-tier subcontracts. ’ ’. SEC. 81 6 . E X TENSION OF AUT H ORIT Y FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS. Section 4202 of the Clinger – Cohen Act of 1996 (division D of Public L aw 104–106 110 Stat. 652; 10 U.S.C. 2304 note) as amended by section 8 22 of the N ational Defense Authori z ation Act for Fiscal Y ear 2008 (Public Law 110–181; 122 Stat. 226) is amended in subsection (e) by stri k ing ‘‘2010’’ and inserting ‘‘2012’’. SEC. 81 7 . REPORTIN G REQUIREMENTS FOR PROGRAMS THAT QUALIFY AS BOTH MA J OR AUTOMATED INFORMATION SYSTEM PRO - GRAMS AND MAJOR DEFENSE ACQUISITION PROGRAMS. (a) INGE NE RAL . — Section 2445d of title 10, United States Code, is amended by striking ‘‘of this title’’ and all that follows and inserting ‘‘of this title, the Secretary may designate the program to be treated only as a ma j or automated information system pro- gram covered by this chapter or to be treated only as a major defense acquisition program covered by such chapter 144.’’. (b) G UID AN C E R E Q UIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance on the implementation of section 2445d of title 10, United States Code (as amended by subsection (a)). T he guid- ance shall provide that, as a general rule— (1) a program covered by such section that requires the development of customized hardware shall be treated only as a major defense acquisition program under chapter 144 of title 10, United States Code; and (2) a program covered by such section that does not require the development of customized hardware shall be treated only as a major automated information system program under chapter 144A of title 10, United States Code. SEC. 818. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS. (a) AU THO RIT Y TO M ODI F Y DEFINITION OF ‘‘S M ALL ARM S PRODUCTION INDUSTRIAL B ASE’’.—Section 24 7 3(c) of title 10, United States Code, is amended— (1) by striking ‘‘In this section’’ and inserting ‘‘(1) Subject to paragraph (2), in this section’’; and (2) by adding at the end the following new paragraph: ‘‘(2) After March 31, 2010, the Secretary of Defense may elimi- nate, modify, or add to the firms included in the small arms produc- tion industrial base, as defined in paragraph (1), as he determines appropriate to best ensure the competitive development, production, and maintenance of small arms for the Department of Defense.’’. (b) RE V IE W OF SMALL ARMS PRODUCTION INDUSTRIAL BASE.— 10USC24 4 5dnote.


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 123STA T . 2 409PUBLIC LA W 111 –8 4 —O CT. 28 , 2009 (1)REVI E W.—Notla t er t h a nM ar c h 3 1 ,20 10, the S ecretar y o fD efen s e shall re vi e w an d deter m ine, b ased on c u rrent and future De p artment re q uirements and competitive manufac - turin g capability and capacity— ( A ) whether any firms included in the small arms production industrial base (as that term is defined in sec- tion 2 47 3(c) of title 10, U nited States C ode) should be eliminated or modified and whether any additional firms should be included and ( B ) whether any of the small arms listed in section 2473(d) of title 10, United States Code, should be elimi- nated from the list or modified on the list and whether any additional small arms should be included in the list. (2) RE PORTS .— (A) Not later than March 31, 2010, the Secretary of Defense shall submit to the congressional defense commit- tees a report on the review conducted under this subsection. (B) T he Secretary of Defense shall notify the congres- sional defense committees not later than 30 days after ma k ing any modification to the list maintained pursuant to subsection (c) of section 2473 of title 10, United States Code, or the list under subsection (d) of such section. SEC.819 . C ONTRA CTA U T H OR I T YF ORA DV ANCED CO MP ONENT DEVE L OPMENT OR PROTOTYPE UNITS. (a) A U T H ORIT Y .—A contract initially awarded from the competi- tive selection of a proposal resulting from a general solicitation referred to in section 2302(2)(B) of title 10, United States Code, may contain a contract line item or contract option for— (1) the provision of advanced component development or prototype of technology developed under the contract; or (2) the delivery of initial or additional prototype items if the item or a prototype thereof is created as the result of work performed under the contract. (b) L I M IT A TIO N S.— (1) MINIMA L AMOUNT.—A contract line item or contract option described in subsection (a)(2) shall require the delivery of the minimal amount of initial or additional prototype items to allow for the timely competitive solicitation and award of a follow-on development or production contract for those items. (2) TERM.—A contract line item or contract option described in subsection (a) shall be for a term of not more than 12 months. (3) DOLLAR VALUE O F WOR K .—The dollar value of the work to be performed pursuant to a contract line item or contract option described in subsection (a) may not e x ceed the lesser of the amounts as follows (A) The amount that is three times the dollar value of the work previously performed under the contract. (B) $ 20,000,000. (4) TERMINATION OF AUTHORITY.—A military department or defense agency may not exercise a contract line item or contract option pursuant to the authority provided in subsection (a) after September 30, 2014. (c) REPORT.—The Secretary of Defense shall submit to the congressional defense committees a report on the use of the 10USC23 02 note.D e adli ne. Dete rm ination.


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 123STA T . 2 4 1 0PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9authori t yp ro v i de d b y s ubse c tio n( a ) not l ater than M arch 1,20 1 3.T he report shall, at a m inimum, describe — (1) the number o f times a contract line item or contract option w ase x ercised under such authority, the dollar amount of each such line item or option, and the scope of each such line item or option (2) the circumstances that rendered the military depart - ment or defense a g ency unable to solicit and award a follow- on development or production contract in a timely fashion, but for the use of such authority; (3) the extent to which such authority affected competition and technology transition; and ( 4 ) such recommendations as the S ecretary considers appro- priate, including any recommendations regarding the modifica- tion or extension of such authority. SEC.820 . PUBLI C AT I ON O F NOTIFICATION OF BUN D LIN G OF CON - T R ACTS OF T H E DEPART M ENT OF DEFENSE. (a) REQUIR E M E NT T OP U BL I SHN OTI F I CA TION FOR B UN D LIN G .— A contracting officer of the D epartment of Defense carrying out a covered ac q uisition shall publish a notification consistent with the requirements of paragraph (c)(2) of subpart 10.001 of the F ed- eral Acquisition Regulation on the website k nown as FedBi zO pps.gov (or any successor site) at least 30 days prior to the release of a solicitation for such acquisition and, if the agency has determined that measurably substantial benefits are expected to be derived as a result of bundling such acquisition, shall include in the notification a brief description of the benefits. (b) C O V ERED ACQUISITION DEFINED.— I n this section, the term ‘ ‘covered acquisition ’ ’ means an acquisition that is— (1) funded entirely using funds of the Department of Defense; and (2) covered by subpart 7 .107 of the Federal Acquisition Regulation (relating to acquisitions involving bundling). (c) CONSTRUCTION.— (1) NOTIFICATION.—Nothing in this section shall be con- strued to alter the responsibility of a contracting officer to provide the notification referred to in subsection (a) with respect to a covered acquisition, or otherwise provide notification, to any party concerning such acquisition under any other require- ment of law or regulation. (2) DISCLOSURE.—Nothing in this section shall be construed to require the public availability of information that is exempt from public disclosure under section 5 52(b) of title 5, U nited States Code, or is otherwise restricted from public disclosure by law or E xecutive order. (3) ISSUANCE OF SOLICITATION.—Nothing in this section shall be construed to require a contracting officer to delay the issuance of a solicitation in order to meet the requirements of subsection (a) if the expedited issuance of such solicitation is otherwise authorized under any other requirement of law or regulation. Webposting.D e adl ine. Dete rm ination. 10USC23 0 4 note.


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 123STA T . 2 4 11 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Subti t leC— C on t rac tor M atter sSEC.821 . AUTHORI T YF OR G O V ER NM ENT SU P PORT CONTRACTORS TO HAVE ACCESS TO TECHNICA LD ATA B ELONGING TO PRIME CONTRACTORS. (a)AUTHORI T YF ORA C C ES STO T ECH N IC ALD ATA .—Subsection (c) o f section 23 2 0 of tit l e 1 0 ,U nite d States C ode, is a m ended— (1) in p a r a g rap h (1), b y stri k ing ‘ ‘or ’ ’ attheend (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the follo w ing new para - graph (2) ‘‘(2) notwithstanding any limitation upon the license rights con v eyed under subsection (a), allowing a covered G overnment support contractor access to and use of any technical data delivered under a contract for the sole purpose of furnishing independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of the program or effort to which such technical data relates; or’’. (b) CO V ERE D GOVERN M ENT SU P PORT CONTRACTOR DEFINED.— Such section is further amended by adding at the end the following new subsection: ‘‘(f) I n this section, the term ‘covered Government support con- tractor’ means a contractor under a contract the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Govern- ment’s management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), which contractor— ‘‘(1) is not affiliated with the prime contractor or a first- tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier sub- contractor in furnishing end items or services of the type devel- oped or produced on the program or effort; and ‘‘(2) e x ecutes a contract with the Government agreeing to and acknowledging— ‘‘(A) that proprietary or nonpublic technical data fur- nished will be accessed and used only for the purposes stated in that contract; ‘‘( B ) that the covered Government support contractor will enter into a non-disclosure agreement with the con- tractor to whom the rights to the technical data belong; ‘‘(C) that the covered Government support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered Government support contractor during the pro- gram or effort for the period of time in which the Govern- ment is restricted from disclosing the technical data outside of the Government; ‘‘(D) that a breach of that contract by the covered Government support contractor with regard to a third party’s ownership or rights in such technical data may sub j ect the covered Government support contractor— ‘‘(i) to criminal, civil, administrative, and contrac- tual actions in law and e q uity for penalties, damages,


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 123STA T . 2 4 12 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9andother a p propr i ate re m edie sby the U nited S tates and ‘ ‘ ( ii ) to c i v i l actions f or dama g es and other appro - priate remedies by the contractor or s u bcontractor w hose technical data is affected by the breach; and ‘‘( E ) that such technical data provided to the covered G overnment support contractor under the authority of this section shall not be used by the covered Government sup- port contractor to compete against the third party for Government or non-Government contracts .’ ’. SEC.82 2.E XT E N S IO N A N D EN H ANCE M ENT O F A U THO R ITIES ON THE COMMISSION ON W ARTIME CONTRACTIN G IN IRA Q AND AFGHANISTAN. (a) DATEOFFIN A LR E P O R T. — Subsection (d)( 3 ) of section 841 of the N ational Defense A uthori z ation Act for Fiscal Y ear 20 08 ( P ublic L aw 110 – 181; 122 Stat. 230) is amended by stri k ing ‘‘two years’’ and inserting ‘‘three years’’. (b) A S SISTAN C E FRO M FE D ERAL A G ENCIES.—Such section is fur- ther amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h) , respectively; and (2) by inserting after subsection (e) the following new sub- section (f) ‘‘(f) ASSISTANCE FROM FEDERAL AGENCIES.— ‘‘(1) DEPARTMENT OF DEFENSE.— T he Secretary of Defense shall provide to the C ommission administrative support for the performance of the Commission’s functions in carrying out the re q uirements of this section. ‘‘(2) TRA V EL AND LODGING IN COM B ATT H EATERS.—The administrative support provided the Commission under para- graph (1) shall include travel and lodging undertaken in combat theaters, which support shall be provided through funds made available for that purpose through the W ashington H ead- quarters Services or on a non-reimbursable basis, as appro- priate. ‘‘(3) O THER DEPARTMENTS AND AGENCIES.— I n addition to the support required by paragraph (1), any department or agency of the Federal Government may provide to the Commis- sion such services, funds, facilities, staff, and other support services for the performance of the Commission’s functions as the head of such department or agency considers advisable, or as may otherwise be authorized by law.’’. SEC. 82 3 . AUTHORIT Y FOR SECRETARY OF DEFENSE TO REDUCE OR DENY AWARD FEES TO COM P ANIES FOUND TO J EOP - ARDI Z E HEA L TH OR SAFETY OF GO V ERNMENT PER- SONNEL. (a) A U THORIT Y TO REDUCE OR DENY A W ARD FEES.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise the guidance issued pursuant to section 814 of the J ohn Warner National Defense Authorization Act for Fiscal Year 200 7 (Public Law 10 9 –3 6 4; 129 Stat. 2321) to ensure that all covered contracts using award fees— (1) provide for the consideration of any incident described in subsection (b) in evaluations of contractor performance for the relevant award fee period; and Deadlin e .Gu idan c e. 10USC23 02 n ot e.


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 123STA T . 2 4 13 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)authorize the S e c retar y to re d uce or de n ya w ard f ee s for the re l e v ant award fee p eriod , or to recover all or part of award fees previously paid for such period, on the b asis of the ne g ative i m pact of such incident on contractor perform - ance . (b) COVER E DINCI DEN TS . —A n incident referred to in subsection (a) is any incident in which the contractor— ( 1 ) has been determined, through a criminal, civil, or administrative proceeding that results in a disposition listed in subsection (c), in the performance of a covered contract to have caused serious bodily in j ury or death to any civilian or military personnel of the G overnment through gross neg- ligence or with rec k less disregard for the safety of such per- sonnel or (2) has been determined, through a criminal, civil, or administrative proceeding that results in a disposition listed in subsection (c), to be liable for actions of a subcontractor of the contractor that caused serious bodily injury or death to any civilian or military personnel of the Government, through gross negligence or with reckless disregard for the safety of such personnel. (c) L IST O FD IS P OSITIONS IN CRI M IN AL , CIVIL, OR ADMINISTRA- TIVE P ROCEEDIN G S.— F or purposes of subsection (a), the dispositions listed in this subsection are as follows (1) In a criminal proceeding, a conviction. (2) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5 , 0 00 or more. ( 3 ) In an administrative proceeding, a finding of fault and liability that results in— (A) the payment of a monetary fine or penalty of $5,000 or more; or ( B ) the payment of a reimbursement, restitution, or damages in e x cess of $100,000. ( 4 ) T o the maximum extent practicable and consistent with applicable laws and regulations, in a criminal, civil, or adminis- trative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the person if the proceeding could have led to any of the outcomes specified in paragraph (1), (2), or (3). (d) DEFINITIONS.—In this section: (1) The term ‘ ‘defense contractor ’ ’ means a company awarded a covered contract. (2) The term ‘‘covered contract’’ means a contract awarded by the Department of Defense for the procurement of goods or services. (3) The term ‘‘serious bodily injury’’ means a grievous phys- ical harm that results in a permanent disability. (e) E FFECTIVE DATE.—This section shall apply with respect to contracts entered into after the date occurring 1 8 0 days after the date of the enactment of this Act.


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 123STA T . 2 4 14 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Subti t leD—Acq ui s iti onW o rkf orce Ma tters SEC.831 . E NHA NCE M EN TOF E XP E DI TED HI R IN G A U THORIT Y FOR DEFENSE AC Q UISITION W OR K FORCE POSITIONS. (a)INGE NE RAL.—P a r a g ra ph ( 1 ) ofsecti o n 1 705 (h) of tit l e10 ,U nite dS tates C ode, is a m ended— (1)ins ub paragraph ( A ),b y stri k ing ‘ ‘ac q uisition positions w ithin the D epartment of Defense as shortage category posi - tions ’ ’ and inserting ‘‘acquisition workforce positions as posi- tions for which there e x ists a shortage of candidates or there is a critical hiring need’’ and ( 2 ) in subparagraph ( B ), by striking ‘‘highly’’. (b) EXT EN SIO N.—Paragraph (2) of such section is amended by striking ‘‘September 3 0, 2012’’ and inserting ‘‘September 30, 2015’’. (c) T E CH NICAL A M EN D MENT.—Paragraph (1) of such section is further amended by striking ‘‘United States Code,’’ in the matter preceding subparagraph (A). SEC. 83 2 . FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DE V E L OPMENT FUND. (a) ADDITIONAL ELEMENT O FFU ND.—Subsection (d) of section 1705 of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by redesignating subparagraph (B) as subpara- graph (C); and (B) by inserting after subparagraph (A) the following new subparagraph (B) ‘‘(B) Amounts transferred to the Fund pursuant to paragraph (3).’’; and (2) by adding at the end the following new paragraph: ‘‘(3) TRANSFER OF CERTAIN UNO B LI G ATED BALANCES.—To the extent pro v ided in appropriations Acts, the Secretary of Defense may, during the 2 4 -month period following the expira- tion of availability for obligation of any appropriations made to the Department of Defense for procurement, research, development, test, and evaluation, or operation and mainte- nance, transfer to the Fund any unobligated balance of such appropriations. Any amount so transferred shall be credited to the Fund.’’. (b) N ATURE OF EX P ENDED AMOUNTS PRO V IDING BASIS FOR CREDIT TO FUND.—Subparagraph (A) of paragraph (2) of such sub- section is amended by striking ‘‘, other than’’ and all that follows and inserting ‘‘from amounts available for contract services for operation and maintenance.’’. (c) R EMITTANCES.—Subparagraph (B) of paragraph (2) of such subsection is amended by inserting ‘‘, from amounts available to such military department or Defense Agency, as the case may be, for contract services for operation and maintenance,’’ after ‘‘remit to the Secretary of Defense’’. (d) ADDITIONAL M ATTERS RELATING TO REMITTANCES.— (1) REMITTANCE B Y FISCAL YEAR INSTEAD OF Q UARTER.— Subparagraph (B) of paragraph (2) of such subsection is amended— (A) in the first sentence, by striking ‘‘the third fiscal year quarter’’ and all that follows through ‘‘thereafter’’ and inserting ‘‘the first quarter of each fiscal year’’; and


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 123STA T . 2 4 1 5PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(B)bystrik i ng‘ ‘ qua rt e r ’ ’be fo re ‘‘for ser v i c es’’ . ( 2 ) AD D IT I ONALREQU IRE M ENT S AND LIMITATIONS. —S uc h subsection is further a m en d ed— (A) in p aragraph (2)(B) , by striking ‘‘ N ot l ater than’’ and inserting ‘‘Sub j ect to paragraph ( 4 ), not later than’’ and (B) by adding at the end the follo w ing new paragraph ‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMIT - TAN C ES.—(A) I n the event amounts are transferred to the F und during a fiscal year pursuant to paragraph ( 1 )(B) or appro- priated to the Fund for a fiscal year pursuant to paragraph (1)( C ), the aggregate amount otherwise required to be remitted to the Fund for that fiscal year pursuant to paragraph (2)(B) shall be reduced by the amount equal to the amounts so trans- ferred or appropriated to the Fund during or for that fiscal year. Any reduction in the aggregate amount required to be remitted to the Fund for a fiscal year under this subparagraph shall be allocated as provided in applicable provisions of appro- priations Acts or, absent such provisions, on a pro rata basis among the military departments and D efense Agencies required to make remittances to the Fund for that fiscal year under paragraph (2)(B), subject to any e x clusions the Secretary of Defense determines to be necessary in the best interests of the Department of Defense. ‘‘(B) Any remittance of amounts to the Fund for a fiscal year under paragraph (2) shall be subject to the availability of appropriations for that purpose.’’. (e) R EMITTANCE AMOUNTS.— P aragraph (2) of such subsection is further amended by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: ‘‘(C) For purposes of this paragraph, the applicable percentage for a fiscal year is the percentage that results in the credit to the Fund in such fiscal year of an amount as follows: ‘‘(i) For fiscal year 2 0 10, $ 100,000,000. ‘‘(ii) For fiscal year 2011, $ 7 70,000,000. ‘‘(iii) For fiscal year 2012, $ 9 00,000,000. ‘‘(iv) For fiscal year 201 3, $1,1 8 0,000,000. ‘‘(v) For fiscal year 2014, $1,330,000,000. ‘‘(vi) For fiscal year 201 5, $1,470,000,000. ‘‘(D) T he Secretary of Defense may reduce an amount specified in subparagraph (C) for a fiscal year if the Sec- retary determines that the amount is greater than is reasonably needed for purposes of the Fund for such fiscal year. The Secretary may not reduce the amount for a fiscal year to an amount that is less than 80 percent of the amount otherwise specified in subparagraph (C) for such fiscal year.’’. (f) CLARI F ICATION OF L IMITATION ON PA Y OF BASE SALARY OF CURRENT E M P LOYEES.—Subsection (e)(5) of such section is amended by striking ‘‘as of the date of the enactment of the National Defense Authori z ation Act for Fiscal Y ear 2008’’ and inserting ‘‘serving in a position in the acquisition workforce as of J anuary 28, 2008’’. (g) TEC H NICAL AMENDMENTS.— (1) Subsection (a) of such section is amended by inserting ‘‘Development’’ after ‘‘ W orkforce’’.


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 123STA T . 2 4 1 6PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)Subsection ( f )ofsuc h section is am en d ed in the matte rp recedin g paragraph ( 1 )b y stri k ing ‘ ‘beginning w ith fisca l year 2 0 0 8’ ’ . (h) EF F ECTIV E DA TE S . — (1) FUND IN G A M ENDMENTS.— T he amendments made by subsections (a) through (c) shall take effect as of O ctober 1 , 200 9 . (2) TEC H NICA L AMENDMENTS.—The amendments made by subsections (f) and (g) shall take effect on the date of the enactment of this A ct. SEC.83 3. R E VI E WOFP OS T- E M P L O Y ME N T RESTRICTIONS A PPLICA B LE TOT H E D EPARTMENT OF DEFENSE. (a) R EVIE W RE Q UI R ED.—The P anel on C ontracting I ntegrity, established pursuant to section 81 3 of the J ohn W arner N ational Defense Authori z ation Act for Fiscal Y ear 200 7 (Public L aw 109 – 3 64 ), shall re v iew policies relating to post - employment restrictions on former Department of Defense personnel to determine whether such policies ade q uately protect the public interest, without unreasonably limiting future employment options for former Depart- ment of Defense personnel. (b) M ATTERS C O NSIDERED.—In performing the review required by subsection (a), the Panel shall consider the e x tent to which current post-employment restrictions— (1) appropriately protect the public interest by preventing personal conflicts of interests and preventing former Depart- ment of Defense officials from exercising undue or inappropriate influence on the Department of Defense (2) appropriately require disclosure of personnel accepting employment with contractors of the Department of Defense involving matters related to their official duties; (3) use appropriate thresholds, in terms of salary or duties, for the establishment of such restrictions; (4) are sufficiently straightforward and have been explained to personnel of the Department of Defense so that such per- sonnel are able to avoid potential violations of post-employment restrictions and conflicts of interest in interactions with former personnel of the Department; ( 5 ) appropriately apply to all personnel performing duties in acquisition-related activities, such as personnel involved in— (A) the establishment of requirements; ( B ) testing and evaluation; and (C) the development of doctrine; (6) ensure that the Department of Defense has access to world-class talent, especially with respect to highly qualified technical, engineering, and acquisition expertise; and (7) ensure that service in the Department of Defense remains an attractive career option. (c) COM P LETION OF THE REVIEW.—The Panel shall complete the review required by subsection (a) not later than one year after the date of the enactment of this Act. (d) REPORT TO COMMITTEES ON ARMED SERVICES.—Not later than 30 days after the completion of the review, the Panel shall submit to the Committees on Armed Services of the Senate and the H ouse of Representatives a report containing the findings of the review and the recommendations of the Panel to the Secretary 10USC 1 7 0 5note.


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 123STA T . 2 4 1 7PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9ofDe fe ns e ,i n clud in gr eco m mended legisl at i v e or regulator y c h anges, resulting from the revie w.( e )NATION A LAC A DEMY O FPUB LIC ADMINI S T R ATION ASSESS - MENT. — ( 1 ) Not later than 30 days after the com p letion of the review, the S ecretary of Defense shall enter into an arrange- ment with the National Academy of Pu b lic Administration to assess the findings and recommendations of the review. ( 2 ) Not later than 210 days after the completion of the review, the National Academy of Public Administration shall provide its assessment of the review to the Secretary, along with such additional recommendations as the National Academy may have. (3) Not later than 30 days after receiving the assessment, the Secretary shall provide the assessment, along with such comments as the Secretary considers appropriate, to the C ommittees on Armed Services of the Senate and the H ouse of R epresentatives. SEC.834 . R E VI E WOF FE D ER AL AC QU ISI T IO N WOR K FORCE TRAININ G AND H IRING. (a) COM P TROLLER G ENERAL REPORT ON T H EGO V ERNMENT- W IDE AC Q UISITION W OR K FORCE DEVELOPMENT STRATE G IC PLAN.—Not later than 1 8 0 days after the Ac q uisition Wor k force Development Strategic Plan required by section 8 69 of the Duncan Hunter National Defense Authori z ation Act for F iscal Y ear 2009 (Public L aw 110 –4 1 7; 122 Stat. 4 5 53) is completed, the Comptroller General of the U nited States shall submit to the relevant committees of Congress a report on the Plan. (b) M ATTERS COVERED.— T he report required under subsection (a) shall include assessments of the following (1) The methodologies used to formulate the Acquisition Workforce Development Strategic Plan and its recommenda- tions. (2) The e x tent to which the Acquisition Workforce Develop- ment Strategic Plan addresses previously identified short- comings in the acquisition workforce and prior efforts by agen- cies to develop acquisition workforce plans, including the strate- gies used to identify and hire acquisition personnel. (3) The feasibility of the Acquisition Workforce Develop- ment Strategic Plan ’ s recommendations and associated time frames for implementation, particularly as they relate to the development of a sustainable funding model and the applica- bility of the Defense Acquisition Workforce Development Fund model to civilian agencies. (4) The extent to which the Acquisition Workforce Develop- ment Strategic Plan considered the use by agencies of contractor personnel to supplement the acquisition workforce. (5) Whether the Acquisition Workforce Development Stra- tegic Plan considered the full range of laws, regulations, and policies that currently apply to the acquisition workforce. (6) The extent to which the Acquisition Workforce Develop- ment Strategic Plan considered the specific training and reten- tion tools (whether located within or outside an agency) used to professionally develop and retain acquisition personnel, including the following: (A) The Defense Acquisition University. Deadlin e s.


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 123STA T . 2 4 1 8PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(B)TheF e d e ralAcquis i t i onI nstitute . ( C ) Continuin g education and p ro f essional de v elop m ent opportunities availa b le to acquisition professionals. ( D ) O pportunities to pursue higher education available to acquisition personnel , including scholarships and student loan forgiveness. ( 7 ) S uch other matters, findings, and recommendations as the Comptroller G eneral considers appropriate. (c) REL E VANT C OM M I TTEE S . — In this section, the term ‘ ‘relevant committees ’ ’ means each of the follo w ing ( 1 ) The Committee on Oversight and Government Reform of the H ouse of Representatives. ( 2 ) The Committee on Armed Services of the House of Representatives. ( 3 ) The Committee on Homeland Securit y and Government Affairs of the Senate. ( 4 ) The Committee on Armed Services of the Senate. Subti t leE—O t h e rMa tter sSEC.841 . R E PO R T STOCO NG RESS ON FUL L D EPLO YM ENT DEC I SIONS FOR M AJ OR AUTOMATED INFORMATION SYSTEM PRO - GRAMS. (a) IM P LEMENTATION S CH E DU LE.—Section 244 5 b(b)(2) of title 1 0, U nited States Code, is amended by stri k ing ‘‘initial operational capability, and full operational capability’’ and inserting ‘‘full deployment decision, and full deployment’’. (b) C R ITICAL CHAN G ES IN P ROGRAM.—Section 2445c(d)(2)(A) of such title is amended by striking ‘‘initial operational capability’’ and inserting ‘‘a full deployment decision’’. (c) DE F INITIONS.—Section 2445a of such title is amended by adding at the end the following new subsections: ‘‘(e) FULL DEPLO Y MENT DECISION.—In this chapter, the term ‘full deployment decision’ means, with respect to a ma j or automated information system program, the final decision made by the M ile - stone Decision Authority authori z ing an increment of the program to deploy software for operational use. ‘‘(f) FULL DEPLOYMENT.—In this chapter, the term ‘full deploy- ment’ means, with respect to a major automated information system program, the fielding of an increment of the program in accordance with the terms of a full deployment decision.’’. SEC. 84 2 . AUT H ORI Z ATION TO TA K E ACTIONS TO CORRECT THE INDUS- TRIAL RESOURCE SHORTFALL FOR HIGH-PURITY B ERYL- LIUM METAL. N otwithstanding any limitation in section 303 of the Defense Production Act of 1 9 50 (50 U.S.C. App. 2093), an action may be taken under such section to correct an industrial resource shortfall or domestic industrial base shortfall for high-purity beryllium metal if such action does not cause the aggregate outstanding amount of all such actions for such shortfall to e x ceed ‘‘ $8 5,000,000’’. SEC. 84 3 . REPORT ON RARE EARTH MATERIALS IN THE DEFENSE SUPPLY CHAIN. (a) REPORT RE Q UIRED.—Not later than April 1, 2010, the Comp- troller General shall submit to the Committees on Armed Services 50USCap p .2 0 93note . D e fi nition.


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 123STA T . 2 4 1 9PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 oftheS e na te an dH o us eof R e pr esentat iv es a report on rare earth m ateria l s in the suppl yc hain of the D epartment of Defense .(b)MAT T ERSAD DRESSED. —T he report re q uired by subsection (a) shall address , at a minimum, the follo w in g: ( 1 ) An analysis of the current and pro j ected domestic and worldwide availability of rare earths for use in defense systems, including an analysis of projected availability of these materials inthee x port mar k et. ( 2 ) An analysis of actions or events outside the control of the G overnment of the U nited States that could restrict the access of the Department of Defense to rare earth materials, such as past procurements and attempted procurements of rare earth mines and mineral rights. ( 3 ) A determination as to which defense systems are cur - rently dependent on, or projected to become dependent on, rare earth materials, particularly neodymium iron boron magnets, whose supply could be restricted— (A) by actions or events identified pursuant to para- graph (2) or ( B ) by other actions or events outside the control of the Government of the United States. ( 4 ) The risk to national security, if any, of the dependencies (current or projected) identified pursuant to paragraph (3). ( 5 ) Any steps that the Department of Defense has taken or is planning to take to address any such risk to national security. ( 6 ) Such recommendations for further action to address the matters covered by the report as the C omptroller General considers appropriate. (c) DE FIN ITI O NS.— I n this section: (1) The term ‘ ‘rare earth ’ ’ means the chemical elements, all metals, beginning with lanthanum, atomic number 5 7, and including all of the natural chemical elements in the periodic table following lanthanum up to and including lutetium, ele- ment number 71. The term also includes the elements yttrium and scandium. (2) The term ‘‘rare earth material’’ includes rare earth ores, semi-finished rare earth products, and components con- taining rare earth materials. SEC.84 4.C OMPTR O L LER G E N ER A L REPORT ON STR U CTURE AN D MANAGEMENT O F SU B CONTRACTORS UNDER CONTRACTS FOR MA J OR W EAPON S Y STEMS. (a) ST U D Y .—The Comptroller General shall conduct a study on the structure and management of major subcontracts under contracts for the acquisition of selected major weapon systems. (b) ISSUES TO BE ADDRESSED.—At a minimum, the study required by subsection (a) shall address the following: (1) The number of major subcontracts under each prime contract reviewed. (2) The manner in which the prime contractor addressed decisions to conduct work in-house or through subcontracts. (3) The manner in which any potential organi z ational con- flicts of interest were addressed and the Government’s role (if any) in selecting the approach chosen.


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 123STA T . 2 4 2 0PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9(4)Theman ne ri n w hi c h su ch su b c o n t racts were awar d ed (inc l udin g the degree o f com p etition) and the G o v ernment ’ s role (if an y ) in such award decisions . ( 5 ) A ny recommendations that the C omptroller General may have for improving Government oversight , reducing the oversight burden on the ac q uisition wor k force, or otherwise improving the management of subcontractors under contracts for the acquisition of ma j or weapon systems. (c) DEADLIN E FORSUBM I S SION. —N ot later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the H ouse of R epresentatives a report on the results of the study required by subsection (a), with such findings and rec - ommendations as the Comptroller General considers appropriate. SEC.845 .S TUDYOF T H EUSEOFF A CTO R S OTHER THA N COST OR P R I CE AS THE PREDO M INATE FACTORS IN E V A L UATIN G COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT CONTRACTS. (a) S T UD Y RE Q UIRED.—The Comptroller General of the U nited States shall conduct a study of Department of Defense procurements that use solicitations in which evaluation factors other than cost or price, when combined, are more important than cost or price. (b) I SSUES TO B E ADDRESSED.—The study required by sub- section (a) shall include, at a minimum, an assessment of— ( 1 ) the frequency with which evaluation factors other than cost or price, when combined, are given more weight than cost or price in solicitations for competitive proposals ( 2 ) the types of contracts for products or services for which such evaluation factors are most frequently used; ( 3 ) the reasons why the Department of Defense chooses to use such evaluation factors; and (4) the e x tent to which the use of such factors is or is not in the interest of the Department of Defense. (c) RE P ORT.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Service of the Senate and the House of Representatives a report on the results of the study required by subsection (a). SEC. 84 6 . REPEAL OF RE Q UIREMENTS RELATING TO THE MILITARY SYSTEM ESSENTIAL ITEM B REA K OUT LIST. Section 8 13 of the National Defense Authori z ation Act for F iscal Y ear 2 0 04( P ublic L aw 108 – 13 6 7 Stat. 1543) is repealed. SEC. 84 7 .E X TENSION OF SBIR AND STTR PROGRAMS OF THE DEPART - MENT OF DEFENSE. (a) SBIR EX TENSION.—Section 9 (m) of the Small Business Act (15 U.S.C. 638(m)) is amended— (1) by striking ‘ ‘The authorization’’ and inserting the fol- lowing ‘‘(1) IN G ENERAL.—Except as provided in paragraph (2), the authorization’’; and (2) by adding at the end the following: ‘‘(2) EX C EPTION FOR DEPARTMENT OF DEFENSE.—The Sec- retary of Defense and the Secretary of each military department is authorized to carry out the Small Business Innovation 10USC25 01 note.
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 123STA T . 2 4 21 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Res e archP r og ra m o ft he D e p artme n t of Defense u nt ilS ep - tem b er 30,2 0 1 0 ’ ’ .( b ) S T TRR EAUTHORIZ ATIO N . — Section 9 (n)(1)( A ) of the Small B usiness Act (1 5U .S. C . 6 3 8 (n)(1)(A)) is amen d ed— (1) b y stri k ing ‘ ‘ W ith respect’’ and inserting the follo w ing ‘‘(i) F E D ERA L A G EN C IE S GENERALL Y .— Ex cept as pro v ided in clause (ii), with respect’’ and (2) by adding at the end the following: ‘‘(ii) DE P ART M ENT O F DEFENSE.—The Secretary of Defense and the Secretary of each military department shall carry out clause (i) with respect to each fiscal year through fiscal year 2010.’’. (c) EFFECTI V E DATE.—The amendments made by this section shall take effect as of J uly 30, 2009. SEC.84 8.E XT E N S IO NO FAU T H O R IT Y FOR S M A L L B USINESS INNO V A - TION RESEARCH COMMERCIALI Z ATION P ILOT PRO G RAM. Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended in paragraph (6) by striking ‘‘2009’’ and inserting ‘‘2010’’. TI T LE I X—D E PAR T M E N T OF DEFEN S E OR G ANI Z ATION AND MANAGEMENT Subti t leA—D e par t m e n t of Defen s e M ana g ement Se c.901 . Aut h orit y to allo w pri v ate sector civilians to receive instruction at De - fense C yber I nvestigations T raining Aca d emy of the Defense Cyber Crime Center. Sec. 90 2 . O rgani z ational structure of the Office of the Assistant Secretary of De- fense for H ealth Affairs and the T R ICAR E Management Activity. Sec. 90 3 . Sense of Congress regarding the Director of Operational Energy P lans and Programs. Sec. 90 4 . Increased fle x ibility for combatant commander initiative fund. Sec. 90 5 . Repeal of re q uirement for a Deputy U nder Secretary of Defense for Tech- nology Security Policy within the Office of the Under Secretary of De- fense for Policy. Sec. 90 6 . Deputy Under Secretaries of Defense and Assistant Secretaries of De- fense. Subtitle B —Space Activities Sec. 911. Submission and review of space science and technology strategy. Sec. 912. Provision of space situational awareness services and information to non- United States G overnment entities. Sec. 913. Management and funding strategy and implementation plan for the N a- tional Polar-Orbiting Operational Environmental Satellite System Pro- gram. Subtitle C—Intelligence-Related Matters Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from counterintelligence operations. Sec. 922. Plan to address foreign ballistic missile intelligence analysis. Subtitle D—Other Matters Sec. 931. Implementation strategy for developing leap-ahead cyber operations capa- bilities. Sec. 932. Defense integrated military human resources system development and transition. Sec. 933. Report on special operations command organization , manning, and man- agement. Sec. 934. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel. Sec. 935. Plan on access to national airspace for unmanned aircraft systems. 15USC638note.


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Page:United States Statutes at Large Volume 123.djvu/2442

 123STA T . 2 4 22 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Subti t leA—D e par t m e n t of Defen s e M ana g ement SEC.901 . AUTHORI T Y TOA L LO WP RI V ATE SECTOR CIVILIA N STO RECEIVE INSTRUCTION AT D E F ENSE CY B ER INVESTI G A - TIONS TRAINING ACADE M Y OF THE DEFENSE CYBER CRIME CENTER. (a)ADMIS SI ON O FPR I VATES E C TOR C IVI L IANS .— C h a pter108of t i t l e10 ,Un ite d State s Code, is a m ended by insertin g after se c tion 2 1 67 the follo w ing new section

‘ §2167a.Def e ns e Cyb e rI n v es tig ati o ns T raining Ac a d e m y admission of p rivate sector civi l ians to receive instr u ction ‘ ‘(a) A U T H ORIT Y FOR ADMISSION.— T he Secretary of D efense may permit eligible pri v ate sector employees to receive instr u ction at the Defense Cyber I nvestigations Training Academy operating under the direction of the Defense Cyber Crime Center. N o more than the e q uivalent of 200 full - time student positions may be filled at any one time by private sector employees enrolled under this section, on a yearly basis. Upon successful completion of the course of instruction in which enrolled, any such private sector employee may be awarded an appropriate certification or diploma. ‘‘(b) E LI G I B LE PRIVATE SECTOR EM P LOYEES.— F or purposes of this section, an eligible private sector employee is an individual employed by a private firm that is engaged in providing to the Department of Defense or other G overnment departments or agen- cies significant and substantial defense-related systems, products, or services, or whose wor k product is relevant to national security policy or strategy. A private sector employee remains eligible for such instruction only so long as that person remains employed by an eligible private sector firm. ‘‘(c) PROGRAM R E Q UIREMENTS.—The Secretary of Defense shall ensure that— ‘‘(1) the curriculum in which private sector employees may be enrolled under this section is not readily available through other schools and ‘‘(2) the course offerings at the Defense Cyber Investigations Training Academy continue to be determined solely by the needs of the Department of Defense. ‘‘(d) TUITION.—The Secretary of Defense shall charge private sector employees enrolled under this section tuition at a rate that is at least equal to the rate charged for employees of the United States. In determining tuition rates, the Secretary shall include overhead costs of the Defense Cyber Investigations Training Academy. ‘‘(e) STANDARDS OF CONDUCT.— W hile receiving instruction at the Defense Cyber Investigations Training Academy, students enrolled under this section, to the e x tent practicable, are sub j ect to the same regulations governing academic performance, attend- ance, norms of behavior, and enrollment as apply to Government civilian employees receiving instruction at the Academy. ‘‘(f) USE OF FUNDS.—Amounts received by the Defense Cyber Investigations Training Academy for instruction of students enrolled under this section shall be retained by the Academy to defray the costs of such instruction. The source, and the disposition, of