Page:United States Statutes at Large Volume 123.djvu/2432

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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.