“122. Adherence to Navy cost estimates for CVN–78 class of aircraft carriers
“(a) Limitation
“(1) Lead ship—The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the aircraft carrier designated as CVN–78 may not exceed $12,887,000,000 (as adjusted pursuant to subsection (b)).
“(2) Follow-on ships—The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the construction of any ship that is constructed in the CVN–78 class of aircraft carriers after the lead ship of that class may not exceed $11,411,000,000 (as adjusted pursuant to subsection (b)).
“(b) Adjustment of limitation amount—The Secretary of the Navy may adjust the amount set forth in subsection (a) for any ship constructed in the CVN–78 class of aircraft carriers by the following:
“(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2013.
“(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws.
“(3) The amounts of outfitting costs and post-delivery costs incurred for that ship.
“(4) The amounts of increases or decreases in costs of that ship that are attributable to insertion of new technology into that ship, as compared to the technology baseline as it was defined in the approved acquisition program baseline estimate of December 2005.
“(5) The amounts of increases or decreases to nonrecurring design and engineering cost attributable to achieving compliance with the cost limitation.
“(6) The amounts of increases or decreases to cost required to correct deficiencies that may affect the safety of the ship and personnel or otherwise preclude the ship from safe operations and crew certification.
“(7) With respect to the aircraft carrier designated as CVN–78, the amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program.
“(c) Limitation on technology insertion cost adjustment—The Secretary of the Navy may use the authority under paragraph (4) of subsection (b) to adjust the amount set forth in subsection (a) for a ship referred to in that subsection with respect to insertion of new technology into that ship only if—
“(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology would lower the life-cycle cost of the ship; or
“(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave harm to national security.
“(d) Notice
“(1) Requirement—The Secretary of the Navy shall submit to the congressional defense committees each year, at the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for the next fiscal year, written notice of—
“(A) any change in the amount set forth in subsection (a) during the preceding fiscal year that the Secretary has determined to be associated with a cost referred to in subsection (b); and
“(B) the most accurate estimate possible of the Secretary with respect to the total cost compared to the amount set forth in subsection (a), as adjusted by subsection (b), and the steps the Secretary is taking to reduce the costs below such amount.
“(2) Effective date—The requirement in paragraph (1) shall become effective with the budget request for the year of procurement of the first ship referred to in subsection (a).”
“(e) Quality of cost estimates
“(1) The Director shall ensure that each cost estimate included in an acquisition baseline pursuant to subsection (b)(3) includes all operation and support costs, regardless of funding source, for which the Director is responsible.
“(2) In each such baseline submitted to the congressional defense committees, the Director shall state whether the underlying cost estimates in such baseline meet the criteria of the Comptroller General of the United States to be considered a high-quality estimate. If the Director states that such estimates do not meet such criteria, the Director shall include in such baseline the actions, including a schedule, that the Director plans to carry out for the estimates to meet such criteria.”
“189. Cryptographic Modernization Review and Advisory Board
“(a) Establishment—There shall be in the Department of Defense a Cryptographic Modernization Review and Advisory Board (in this section referred to as the “Board”) to review and assess the cryptographic modernization activities of the Department and provide advice to the Secretary with respect to such activities pursuant to the roles and responsibilities outlined in the Chairman of the Joint Chiefs of Staff Instruction 6510.02D.
“(b) Members
“(1) The Secretary shall determine the number of members of the Board.
“(2) The Secretary shall appoint officers in the grade of general or admiral and civilian employees of the Department of Defense in the Senior Executive Service to serve as members of the Board.
“(c) Responsibilities—The Board shall—
“(1) review compliance with cease-use dates for specific cryptographic systems based on rigorous analysis of technical and threat factors and issue guidance, as needed, to relevant program executive offices and program managers;
“(2) monitor the overall cryptographic modernization efforts of the Department, including while such efforts are being executed;
“(3) convene in-depth technical program reviews, as needed, for specific cryptographic modernization developments with respect to validating current and in-draft requirements of systems of the Department of Defense and identifying programmatic risks;
“(4) develop a five-year cryptographic modernization plan to—
“(A) make recommendations to the Joint Requirements Oversight Council with respect to updating or modifying requirements for cryptographic modernization; and
“(B) identify previously unidentified requirements;
“(5) develop a long-term roadmap to—
“(A) ensure synchronization with major planning documents;
“(B) anticipate risks and issues in 10- and 20-year timelines; and
“(C) ensure that the expertise and insights of the military departments, Defense Agencies, the combatant commands, industry, academia, and key allies are included in the course of developing and carrying out cryptographic modernization activities;
“(6) develop a concept of operations for how cryptographic systems should function in a system-of-systems environment; and
“(7) advise the Secretary on the development of a cryptographic asset visibility system.
“(d) Exclusion of certain programs—The Board shall not include programs funded under the National Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6))) in carrying out this section.”
“(A) the State is eligible for the experimental program to stimulate competitive research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g); and”
“(b) Availability of funds for infrastructure revitalization projects
“(1) In general—Subject to the provisions of this subsection, funds available under a mechanism under subsection (a) for specific laboratory infrastructure revitalization projects shall be available for such projects until expended.
“(2) Prior notice of costs of projects—Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the congressional defense committees are notified of the total cost of the project before the commencement of the project.
“(3) Accumulation of funds for projects—Funds may accumulate under a mechanism under subsection (a) for a project referred to in paragraph (1) for not more than five years.
“(4) Limitation on total cost of project—Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the cost of the project does not exceed $4,000,000.”
“(6) The report required by paragraph (4) for a fiscal year shall be submitted by the later of the following dates:
“(A) The date that is 30 days after the date on which the budget for that fiscal year is submitted to Congress pursuant to section 1105 of title 31.
“(B) March 31 of the previous fiscal year.”
“(h) Interagency cooperation in conservation programs To avoid or reduce adverse impacts on military readiness activities—In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect both the environment and military readiness, the recipient of funds provided pursuant an agreement under this section or under the Sikes Act (16 U.S.C. et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation program of the Department of Agriculture or the Department of the Interior notwithstanding any limitation of such program on the source of matching or cost-sharing funds.”
“(2) In the case of a cooperative agreement under subsection (a)(2), funds referred to in paragraph (1)—
“(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and
“(B) may be invested by the recipient in accordance with the recipient’s own guidelines for the management and investment of financial assets, and any interest or income derived from such investment may be applied for the same purposes as the principal.”
“(c) Availability of funds and relation to other laws
“(1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.
“(2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.
“(3) Amounts available to the Department of Defense that are provided to any Federal, State, local, or nongovernmental entity for conservation and rehabilitation of natural resources in an area that is not on a military installation—
“(A) may only be used for payment of direct costs associated with the management of such area; and
“(B) may be used to pay not more than 3 percent of total project administrative costs, fees, and management charges.
“(4) Amounts available to the Department of Defense may not be used under this Act to acquire fee title interest in real property for natural resources projects that are not on a military installation.”
“(d) Annual audits—The Inspector General of the Department of Defense shall annually audit each natural resources project funded with amounts available to the Department of Defense under this Act that is not on a military installation.”
“7235. Establishment of the Southern Sea Otter Military Readiness Areas
“(a) Establishment—The Secretary of Defense shall establish areas to be known as “Southern Sea Otter Military Readiness Areas” for national defense purposes. Such areas shall include each of the following:
“(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:
“(2) That area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by 33 CFR part 165 on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
“(b) Activities within the southern sea otter military readiness areas
“(1) Incidental takings under Endangered Species Act of 1973—Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
“(2) Incidental takings under Marine Mammal Protection Act of 1972—Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting military readiness activities.
“(3) Treatment as species proposed to be listed—For purposes of any military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).
“(c) Removal—Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas as of the effective date of this section or thereafter be removed from the Areas.
“(d) Revision or termination of exceptions—The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary, in consultation with the Secretary of the Navy, determines that military activities authorized under subsection (b) are impeding southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.
“(e) Monitoring
“(1) In general—The Secretary of the Navy shall conduct monitoring and research within the Southern Sea Otter Military Readiness Areas to determine the effects of military readiness activities on the growth or decline of the sea otter population and on the near-shore eco-system. Monitoring and research parameters and methods shall be determined in consultation with the service.
“(2) Reports—Within 24 months after the effective date of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).
“(f) Definitions—In this section:
“(1) Incidental taking—The term “incidental taking” means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
“(2) Optimum sustainable population—The term “optimum sustainable population” means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.
“(3) Southern sea otter—The term “southern sea otter” means any member of the subspecies Enhydra lutris nereis.
“(4) Take—The term “take”—
“(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531–1544) shall have the meaning given such term in that statute; and
“(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361–1423h), shall have the meaning given such term in that statute.
“(5) Military readiness activity—The term “military readiness activity” has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2509; 16 U.S.C. 703 note), and includes all training and operations of the Armed Forces that relate to combat, and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.”
“(g) Combatant command assigned mission assessments
“(1) Each report shall also include an assessment by each commander of a geographic or functional combatant command of the ability of the command to successfully execute each of the assigned missions of the command. Each such assessment for a combatant command shall also include a list of the mission essential tasks for each assigned mission of the command and an assessment of the ability of the command to successfully complete each task within prescribed timeframes.
“(2) For purposes of this subsection, the term “assigned mission” means any contingency response program plan, theater campaign plan, or named operation that is approved and assigned by the Joint Chiefs of Staff.
“(h) Risk assessment of dependence on contractor support—Each report shall also include an assessment by the Chairman of the Joint Chiefs of Staff of the level of risk incurred by using contract support in contingency operations as required under Department of Defense Instruction 1100.22, “Policies and Procedures for Determining Workforce Mix”.
“(i) Combat support agencies assessment
“(1) Each report shall also include an assessment by the Secretary of Defense of the military readiness of the combat support agencies, including, for each such agency—
“(A) a determination with respect to the responsiveness and readiness of the agency to support operating forces in the event of a war or threat to national security, including—
“(i) a list of mission essential tasks and an assessment of the ability of the agency to successfully perform those tasks;
“(ii) an assessment of how the ability of the agency to accomplish the tasks referred to in subparagraph (A) affects the ability of the military departments and the unified and geographic combatant commands to execute operations and contingency plans by number;
“(iii) any readiness deficiencies and actions recommended to address such deficiencies; and
“(iv) key indicators and other relevant information related to any deficiency or other problem identified;
“(B) any recommendations that the Secretary considers appropriate.
“(2) In this subsection, the term “combat support agency” means any of the following Defense Agencies:
“(A) The Defense Information Systems Agency.
“(B) The Defense Intelligence Agency.
“(C) The Defense Logistics Agency.
“(D) The National Geospatial-Intelligence Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense).
“(E) The Defense Contract Management Agency.
“(F) The Defense Threat Reduction Agency.
“(G) The National Reconnaissance Office.
“(H) The National Security Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense) and Central Security Service.
“(I) Any other Defense Agency designated as a combat support agency by the Secretary of Defense.”
“(1) For the Army, 520,000.
“(2) For the Navy, 323,600.
“(3) For the Marine Corps, 190,200.
“(4) For the Air Force, 327,600.”
“(i)
“(1) The Secretary concerned shall provide not less than 120 days advance notice to a unit of the reserve components that—
“(A) will be ordered to active duty for deployment in connection with a contingency operation; or
“(B) having been notified of such a deployment, has such deployment canceled, postponed, or otherwise altered.
“(2) If a member of the reserve components is not assigned to a unit organized to serve as a unit or is to be ordered to active duty apart from the member’s unit, the required notice under paragraph (1) shall be provided directly to the member.
“(3) If the Secretary concerned fails to provide timely notification as required by paragraph (1) or (2), the Secretary concerned shall submit, within 30 days after the date of the failure, written notification to the Committees on Armed Services of the House of Representatives and the Senate explaining the reason for the failure and the units and members of the reserve components affected.”
“(2) Except as provided in paragraph (3), the list of officers in a reserve component whose names are submitted to a board under paragraph (1) shall include each officer on the reserve active-status list for that reserve component in the same grade and competitive category whose position on the reserve active-status list is between—
“(A) that of the most junior officer in that grade and competitive category whose name is submitted to the board; and
“(B) that of the most senior officer in that grade and competitive category whose name is submitted to the board.
“(3) A list submitted to a board under paragraph (1) may not include an officer who—
“(A) has been approved for voluntary retirement; or
“(B) is to be involuntarily retired under any provision of law during the fiscal year in which the board is convened or during the following fiscal year.”
“(b) Specification of number of officers who may be recommended for separation—The Secretary of the military department concerned shall specify the number of officers described in subsection (a)(1) that a board may recommend for separation under subsection (c).”
“(3) Service in the inactive National Guard (for any period other than a period in which an inactive status list for the inactive National Guard exists) and service while assigned to the inactive status list of the inactive National Guard (for any period in which an inactive status list for the inactive National Guard exists).”
“(9) Provide information about disability-related employment and education protections.”
“(c) Additional elements of program—The mandatory program carried out by this section shall include—
“(1) for any such member who plans to use the member’s entitlement to educational assistance under title 38—
“(A) instruction providing an overview of the use of such entitlement; and
“(B) courses of post-secondary education appropriate for the member, courses of post-secondary education compatible with the member’s education goals, and instruction on how to finance the member’s post-secondary education; and
“(2) instruction in the benefits under laws administered by the Secretary of Veterans Affairs and in other subjects determined by the Secretary concerned.”
“1560. Judicial review of decisions relating to correction of military records
“(a) Availability of judicial review
“(1) In general—Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5 any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.
“(2) Records correction final decision defined—In this section, the term “records correction final decision” means any of the following decisions:
“(A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title.
“(B) A final decision issued by the Secretary concerned pursuant to section 1034(f) of this title.
“(C) A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title.
“(b) Exhaustion of administrative remedies
“(1) General rule—Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless—
“(A) the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and
“(B) the Secretary concerned has rendered a final decision denying that correction in whole or in part.
“(2) Whistleblower cases—When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner does seek such review, judicial review may not be sought until the earlier of the following occurs:
“(A) The Secretary of Defense makes a decision in the matter.
“(B) The period specified in section 1034(g) of this title for the Secretary to make a decision in the matter expires.
“(3) Class actions—If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.
“(4) Timeliness—Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction.
“(c) Statutes of limitation
“(1) Six years from final decision—A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.
“(2) Six years for certain claims that may result in payment of money
“(A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such six-year period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.
“(B) Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money, other than payments made under chapter 73 of this title, either under a court order or under a subsequent administrative determination.
“(d) Habeas corpus—This section does not affect any cause of action arising under chapter 153 of title 28.”
“(7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member—
“(A) a concise written statement of the basis for the decision; and
“(B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.”
“(2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member—
“(A) a concise written statement of the basis for the decision; and
“(B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.”
“(h) Judicial review
“(1) A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.
“(2) In a case in which review by the Secretary of Defense under subsection (g) was not sought, a decision of the Secretary of a military department under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.
“(3) A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.”
“(h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant—
“(1) a concise written statement of the basis for the decision; and
“(2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.
“(i) A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.”
“(d) Definitions—In this section:
“(1) Gender-neutral occupational standard—The term “gender-neutral occupational standard”, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same physical and performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator.
“(2) Military career designator—The term “military career designator” refers to—
“(A) in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and
“(B) in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.”
“(v) a court-martial proceeding; or”
“(A) Any violation of any law, rule, or regulation, including a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment or unlawful discrimination.”
“(3) A communication described in paragraph (2) shall not be excluded from the protections provided in this section because—
“(A) the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);
“(B) the communication revealed information that had previously been communicated;
“(C) of the member’s motive for making the communication;
“(D) the communication was not made in writing;
“(E) the communication was made while the member was off duty;
“(F) the communication was made during the normal course of duties of the member.”
“(i) Action in case of violations
“(1) If an Inspector General reports under subsection (e) that a personnel action prohibited by subsection (b) has occurred, not later than 30 days after receiving such report from the Inspector General, the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, shall order such action as is necessary to correct the record of a personnel action prohibited by subsection (b), taking into account the recommendations in the report by the Inspector General. Such Secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action.
“(2) If the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, determines that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determination, such Secretary shall—
“(A) provide to the Secretary of Defense, the Committees on Armed Services of the Senate and the House of Representatives, and the member or former member, a notice of the determination and the reasons for not taking action; and
“(B) refer the report to the appropriate board for the correction of military records for further review under subsection (g).”
“(j) Burdens of proof—The burdens of proof specified in section 1221(e) of title 5 shall apply in any investigation conducted by an Inspector General, and any review conducted by the Secretary of Defense, the Secretary of Homeland Security, and any board for the correction of military records, under this section.”
“(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(d) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(3)
“(A) Action on the findings of a court-martial by the convening authority or by another person authorized to act under this section is not required.
“(B) If the convening authority or another person authorized to act under this section acts on the findings of a court-martial, the convening authority or other person may not—
“(i) dismiss any charge or specification, other than a charge or specification for a qualifying offense, by setting aside a finding of guilty thereto; or
“(ii) change a finding of guilty to a charge or specification, other than a charge or specification for a qualifying offense, to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.
“(C) If the convening authority or another person authorized to act under this section acts on the findings to dismiss or change any charge or specification for a qualifying offense, the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.
“(D)
“(i) In this paragraph, the term qualifying offense means, except in the case of an offense specified in clause (ii), an offense under this chapter for which—
“(I) the maximum sentence of confinement that may be adjudged does not exceed two years; and
“(II) the sentence adjudged does not include dismissal, a dishonorable or bad-conduct discharge, or confinement for more than six months.
“(ii) Such term does not include the following:
“(I) An offense under section 920 of this title (article 120).
“(II) An offense under section 928 of this title (article 128), if such offense consisted of assault consummated by battery upon child under 16 years of age.
“(III) An offense under section 934 of this title (article 134), if such offense consisted of indecent language communicated to child under the age of 16 years.
“(IV) Such other offenses as the Secretary of Defense may exclude by regulation.”
“(B) Except as provided in paragraph (4), the convening authority”
“(4)
“(A) Except as provided in subparagraphs (B) and (C), the convening authority or another person authorized to act under this section may not modify an adjudged sentence of confinement or a punitive discharge or disapprove, commute, or suspend an adjudged sentence of confinement or a punitive discharge in whole or in part.
“(B)
“(i) Upon the recommendation of the trial counsel, the convening authority or another person authorized to act under this section shall have the authority to impose a sentence below a level established by statute as a minimum sentence, to impose a sentence of confinement below the adjudged confinement sentence, or to disapprove, commute, or suspend the adjudged sentence in whole or in part in recognition of the substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense.
“(ii) If a mandatory minimum sentence exists for a charge, the convening authority or another person authorized to act under this section may not modify an adjudged sentence to reduce the sentence to less than the mandatory minimum sentence or disapprove, commute, or suspend the adjudged mandatory minimum sentence in whole or in part. This limitation does not restrict the discretion of the convening authority or another person authorized to act under this section to modify, disapprove, commute, or suspend any portion of the adjudged sentence that is in addition to the mandatory minimum sentence.
“(C) In addition, if a mandatory minimum sentence does not exist for a charge and a pre-trial agreement has been entered into by the convening authority and the accused, as authorized by Rule for Court-Martial 705, the convening authority or another person authorized to act under this section may take action to reduce, dismiss, or suspend an adjudged sentence of confinement in whole or in part pursuant to the terms of the pre-trial agreement.”
“(C) If the convening authority or another person authorized to act under this section acts to disapprove, commute, or suspend the sentence in whole or in part, the convening authority or other person shall provide, at that same time, a written explanation of the reasons for such action. The written explanation shall be made a part of the record of the trial and action thereon.”
“(b)
“(1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum, dismissal or dishonorable discharge.
“(2) Paragraph (1) applies to the following offenses:
“(A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)).
“(B) Forcible sodomy under section 925 of this title (article 125).
“(C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80).”
“856. Art. 56. Maximum and minimum limits”
“(b) A general court-martial”
“(c) Consistent with sections 819, 820, and 856(b) of this title (articles 19, 20, and 56(b)), only general courts-martial have jurisdiction over an offense specified in section 856(b)(2) of this title (article 56(b)(2)).”
“674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense
“(a) Guidance for timely consideration and action—The Secretary concerned may provide guidance, within guidelines provided by the Secretary of Defense, for commanders regarding their authority to make a timely determination, and to take action, regarding whether a member of the armed forces serving on active duty who is alleged to have committed a sexual assault or other sex-related offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice) should be temporarily reassigned or removed from a position of authority or assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit.
“(b) Time for determinations—A determination described in subsection (a) may be made at any time after receipt of notification of an unrestricted report of a sexual assault or other sex-related offense that identifies the member as an alleged perpetrator.”
“1044e. Victims' Counsel for victims of sex-related offenses
“(a) Designation; purposes—The Secretary concerned shall designate legal counsel (to be known as “Victims’ Counsel”) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
“(b) Types of legal assistance authorized—The types of legal assistance authorized by subsection (a) include the following:
“(1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.
“(2) Legal consultation regarding the Victim Witness Assistance Program, including—
“(A) the rights and benefits afforded the victim;
“(B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and
“(C) the nature of communication made to the liaison in comparison to communication made to a Victims’ Counsel or a legal assistance attorney under section 1044 of this title.
“(3) Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim.
“(4) Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense).
“(5) Legal consultation regarding the military justice system, including—
“(A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators;
“(B) any proceedings of the military justice process in which the victim may observe or participate as a witness or other party;
“(C) the Government’s authority to compel cooperation and testimony; and
“(D) the victim’s responsibility to testify, and other duties to the court.
“(6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.
“(7) Legal consultation regarding—
“(A) services available from appropriate agencies or offices for emotional and mental health counseling and other medical services;
“(B) eligibility for and requirements for obtaining any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs; and
“(C) the availability of, and any protections offered by, civilian and military restraining orders.
“(8) Legal consultation and assistance in personal civil legal matters in accordance with section 1044 of this title.
“(9) Such other legal assistance as the Secretary of Defense (or, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) may authorize in the regulations prescribed under subsection (g).
“(c) Qualifications—An individual may not be designated as a Victims’ Counsel under this section unless the individual—
“(1) meets the qualifications specified in section 1044(d)(2) of this title; and
“(2) is certified as competent to be designated as a Victims’ Counsel by the Judge Advocate General of the Armed Force in which the judge advocate is a member or by which the civilian attorney is employed.
“(d) Administrative responsibility
“(1) Consistent with the regulations prescribed under subsection (g), the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Victims’ Counsel.
“(2) The Secretary of Defense (and, in the case of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating) shall conduct a periodic evaluation of the Victims’ Counsel programs operated under this section.
“(e) Availability of victims’ counsel
“(1) An individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.
“(2) The assistance of a Victims’ Counsel under this subsection shall be available to an individual eligible for military legal assistance under section 1044 of this title regardless of whether the individual elects unrestricted or restricted reporting of the alleged sex-related offense. The individual shall also be informed that the assistance of a Victims’ Counsel may be declined, in whole or in part, but that declining such assistance does not preclude the individual from subsequently requesting the assistance of a Victims’ Counsel.
“(f) Alleged sex-related offense defined—In this section, the term “alleged sex-related offense” means any allegation of—
“(1) a violation of section 920, 920a, 920b, 920c, or 925 of ths title (article 120, 120a, 120b, 120c, or 125 of the Uniform Code of Military Justice); or
“(2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
“(g) Regulations—The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations to carry out this section.”
“(A) the qualifications necessary for a member of the Armed Forces or a civilian employee of the Department of Defense to be selected for assignment to duty as a Sexual Assault Response and Prevention Program Manager, Sexual Assault Response Coordinator, or Sexual Assault Victim Advocate, whether assigned to such duty on a full-time or part-time basis;
“(B) consistent with section 584(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note; 125 Stat. 1433), the training, certification, and status of members of the Armed Forces and civilian employees of the department assigned to duty as Sexual Assault Response and Prevention Program Managers, Sexual Assault Response Coordinators, and Sexual Assault Victim Advocates for the Armed Forces; and”
“(c) Sexual Assault Nurse Examiners-Adult/Adolescent
“(1) Assignment requirements—The Secretary of each military department shall assign at least one Sexual Assault Nurse Examiner-Adult/Adolescent to each brigade or equivalent unit level of each armed force under the jurisdiction of that Secretary unless assignment to other units is determined to be more practicable and effective by the Secretary of Defense. The Secretary of the military department concerned may assign additional Sexual Assault Nurse Examiners-Adult/Adolescent as necessary based on the demographics or needs of a military unit. The Secretary of the military department concerned may waive the assignment requirement for a specific unit level if that Secretary determines that compliance will impose an undue burden, except that the Secretary shall notify Congress of each waiver and explain how compliance would impose an undue burden.
“(2) Eligible persons—On and after October 1, 2015, only members of the armed forces and civilian employees of the Department of Defense may be assigned to duty as a Sexual Assault Nurse Examiner-Adult/Adolescent. The Secretary of the military department concerned may satisfy paragraph (1) through the assignment of additional personnel to a unit or by assigning the duties of a Sexual Assault Nurse Examiner-Adult/Adolescent to current personnel of the unit, so long as such personnel meet the training and certification requirements of subsection (d).”
“584. Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and Sexual Assault Nurse Examiners-Adult/Adolescent”
“806b. Art. 6b. Rights of victims of offenses under this chapter
“(a) Rights of a victim of a military crime—A victim of a military crime has the following rights:
“(1) The right to be reasonably protected from the accused.
“(2) The right to reasonable, accurate, and timely notice of any public proceeding in an investigation under section 832 of this title (article 32), court-martial, involuntary plea hearing, pre-sentencing hearing, or parole hearing involving the offense or of any release or escape of the accused.
“(3) The right not to be excluded from any such public proceeding, referred to in paragraph (2) unless the military judge, after receiving clear and convincing evidence, determines that testimony by the victim of a military crime would be materially altered if the victim of a military crime heard other testimony at that proceeding.
“(4) The reasonable right to confer with the trial counsel in the case.
“(5) The right to full and timely restitution as provided in law.
“(6) The right to proceedings free from unreasonable delay.
“(7) The right to be treated with fairness and with respect for the dignity and privacy of the victim of a military crime.
“(b) Duty of military judge—In any court-martial proceeding involving an offense against a victim of a military crime, the military judge shall ensure that the victim of a military crime is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the military judge shall make every effort to permit the fullest attendance possible by the victim of a military crime and shall consider reasonable alternatives to the exclusion of the victim of a military crime from the criminal proceeding. The reasons for any decision denying relief under this subsection shall be clearly stated on the record.
“(c) Best efforts required
“(1) Military judges, trial and defense counsel, military criminal investigation organizations, services, and personnel, and other members and personnel of the Department of Defense engaged in the detection, investigation, or prosecution of offenses under this chapter (the Uniform Code of Military Justice) shall make their best efforts to see that a victim of a military crime is notified of, and accorded, the rights described in subsection .
“(2) The trial counsel in a case shall advise a victim of a military crime that the victim of a military crime can seek the advice of an attorney with respect to the rights described in subsection (a).
“(3) Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.
“(d) Victim of a military crime defined
“(1) Definition—In this section, the term “victim of a military crime” means a person who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime in violation of this chapter (the Uniform Code of Military Justice) or in violation of the law of another jurisdiction if any portion of the investigation of the violation of that law was conducted primarily by a military criminal investigative organization (Army Criminal Investigation Command, Naval Criminal Investigative Service, or Air Force Office of Special Investigation). The term shall include, at a minimum, the following:
“(A) Members of the armed forces and their dependents.
“(B) Civilian employees of the Department of Defense and contractor employees stationed outside the continental United States and their dependents residing with them.
“(C) Such other individuals as the Secretary of Defense determines should be included.
“(2) Treatment of certain victims—In the case of a victim of a military crime who is under 18 years of age, incompetent, incapacitated, or deceased, the term shall also include an individual acting on behalf of the victim who is (in order of precedence) a spouse, parent, legal guardian, child, sibling, or another dependent of the victim or another person designated by the military judge, but in no event shall an accused be designated or included.”
“(c) Process—Process issued”
“(b) Interview of complaining witnesses by defense counsel
“(1) Upon notice by trial counsel to defense counsel of the name and address of the complaining witness or witnesses trial counsel intends to call to testify in any portion of an investigation under section 832 of this title (article 32) or a court-martial under this chapter, defense counsel shall make all requests to interview any such complaining witness through trial counsel.
“(2) If requested by a complaining witness subject to a request for interview under paragraph (1), any interview of the witness by defense counsel shall take place only in the presence of counsel for the complaining witness or a Sexual Assault Victim Advocate.
“(3) In this subsection, the term “complaining witness” means a person who has suffered a direct physical, emotional, or pecuniary harm as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice).”
“(2)
“(A) In any case in which findings and sentence have been adjudged for an offense involving a complaining witness, the complaining witness shall be provided an opportunity to submit matters for consideration by the convening authority or by another person authorized to act under this section before the convening authority or such other person takes action under this section. Such a submission shall be made within 10 days after the complaining witness has been given an authenticated record of trial and, if applicable, the recommendation of the staff judge advocate or legal officer under subsection (d).
“(B) If a complaining witness shows that additional time is required for submission of matters under subparagraph (A), the convening authority or other person taking action under this section, for good cause, may extend the submission period for not more than an additional 20 days.
“(C) In this paragraph, the term “complaining witness” means a person who has suffered a direct physical, emotional, or pecuniary harm as a result of a commission of an offense under this chapter (the Uniform Code of Military Justice).
“(3) The convening authority shall not consider under this section any submitted matters that go to the character of a complaining witness unless such matters were presented at the trial.”
“(1) Response systems panel—Not later than one year after the date of the first meeting of the panel established under subsection (a)(1), the panel shall submit a report of its findings and recommendations, through the Secretary of Defense, to the Committees on Armed Services of the Senate and the House of Representatives. The panel shall terminate 30 days after submission of such report.”
“(b)
“(1) While a person subject to this chapter who is found guilty of an offense specified in paragraph (2) shall be punished as a general court-martial may direct, such punishment must include, at a minimum—
“(A) dismissal or dishonorable discharge; and
“(B) confinement for two years.
“(2) Paragraph (1) applies to the following offenses:
“(A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)).
“(B) Forcible sodomy under section 925 of this title (article 125).
“(C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80).”
“856. Art. 56. Maximum and minimum limits”
“(11) A description of the implementation of the comprehensive policy on the retention of and access to evidence and records relating to sexual assaults involving members of the Armed Forces required to comply with section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 1561 note).
“(12) The policies, procedures, and processes implemented by the Secretary concerned to ensure detailed evidence and records are transmitted to the Department of Veterans Affairs, including medical records of sexual assault victims that accurately and completely describe the physical and emotional injuries resulting from a sexual trauma that occurred during active duty service.”
“1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation
“(a) Design and eligibility—A lapel button, to be known as the spouse-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the spouse of a member of the armed forces who is serving or has served in a combat zone for a period of more than 30 days.
“(b) Presentation—The Secretary concerned may authorize the use of appropriated funds to procure spouse-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible spouses of members.
“(c) Exception to time-period requirement—The 30-day period specified in subsection (a) does not apply if the member is killed or wounded in the combat zone before the expiration the period.
“(d) License to manufacture and sell lapel buttons—Section 901(c) of title 36 shall apply with respect to the spouse-of-a-combat-veteran lapel button authorized by this section.
“(e) Combat zone defined—In this section, the term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
“(f) Regulations—The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.”
“208. Child custody protection
“(a) Restriction on temporary custody order—If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, then the court shall require that, upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (b).
“(b) Limitation on consideration of member’s deployment in determination of Child’s Best Interest—If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.
“(c) No federal jurisdiction or right of action or removal—Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.
“(d) Preemption—In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.
“(e) Deployment Defined—In this section, the term “deployment” means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—
“(1) that are designated as unaccompanied;
“(2) for which dependent travel is not authorized; or
“(3) that otherwise do not permit the movement of family members to that location.”
“303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing
“(a) Treatment of absence from residence due to active duty—While a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of a relocation described in subsection (c)(1)(B), if the servicemember inquires about or applies for a covered refinancing mortgage, the servicemember shall be considered, for all purposes relating to the covered refinancing mortgage (including such inquiry or application and eligibility for, and compliance with, any underwriting criteria and standards regarding such covered refinancing mortgage) to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of such relocation.
“(b) Limitation—Subsection (a) shall not apply with respect to a servicemember who inquires about or applies for a covered refinancing mortgage if, during the 5-year period preceding the date of such inquiry or application, the servicemember entered into a covered refinancing mortgage pursuant to this section.
“(c) Definitions—In this section:
“(1) Existing mortgage—The term “existing mortgage” means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that—
“(A) had a duration of 13 consecutive months or longer; and
“(B) ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 18 months that did not allow the servicemember to continue to occupy such residence as a principal residence.
“(2) Covered refinancing mortgage—The term “covered refinancing mortgage” means any mortgage that—
“(A) is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and
“(B) is secured by the same residence that secured such existing mortgage or mortgages.”
“303B. Mortgages and trust deeds of certain servicemembers, surviving spouses, and disabled veterans
“(a) Mortgage as Security—This section applies only to an obligation on real or personal property owned by a covered individual that—
“(1) originated at any time and for which the covered individual is still obligated; and
“(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.
“(b) Stay of Proceedings
“(1) In general—In accordance with subsection (d)(1), in a judicial action pending or in a nonjudicial action commenced during a covered time period to enforce an obligation described in subsection (a), a court—
“(A) may, after a hearing and on its own motion, stay the proceedings until the end of the covered time period; and
“(B) shall, upon application by a covered individual, stay the proceedings until the end of the covered time period.
“(2) Obligation to stop proceedings—Upon receipt of notice provided under subsection (d)(1), a mortgagee, trustee, or other creditor seeking to foreclose on real property secured by an obligation covered by this section using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered time period.
“(c) Sale or Foreclosure—A sale, judicial or nonjudicial foreclosure, or seizure of property for a breach of an obligation described in subsection (a) that is not stayed under subsection (b) shall not be valid during a covered time period except—
“(1) upon a court order granted before such sale, judicial or nonjudicial foreclosure, or seizure with a return made and approved by the court; or
“(2) if made pursuant to an agreement as provided in section 107.
“(d) Notice required
“(1) In general—To be covered under this section, a covered individual shall provide to the mortgagee, trustee, or other creditor written notice that such individual is so covered.
“(2) Manner—Written notice under paragraph (1) may be provided electronically.
“(3) Time—Notice provided under paragraph (1) shall be provided during the covered time period.
“(4) Contents—With respect to a servicemember described in subsection (g)(1)(A), notice shall include—
“(A) a copy of the servicemember’s official military orders, or any notification, certification, or verification from a servicemember's commanding officer that provides evidence of servicemember's eligibility for special pay as described in subsection (g)(1)(A); or
“(B) an official notice using a form designed under paragraph (5).
“(5) Official forms
“(A) In general—The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1).
“(B) Use of official form not required—Failure by any individual to use a form designed or distributed under subparagraph (A) to provide notice shall not make such provision of notice invalid.
“(e) Aggregate duration—The aggregate duration for which a covered individual (except a servicemember described in subsection (g)(1)(A)) may be covered under this section is one year.
“(f) Misdemeanor—A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both.
“(g) Definitions—In this section:
“(1) Covered individual—The term covered individual means the following individuals:
“(A) A servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service.
“(B) A servicemember placed on convalescent status, including a servicemember transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code.
“(C) A veteran who was medically discharged and retired under chapter 61 of title 10, United States Code, except for a veteran described in section 1207 of such title.
“(D) A surviving spouse (as defined in section 101(3) of title 38, United States Code, and in accordance with section 103 of such title) of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection (a).
“(2) Covered time period—The term covered time period means the following time periods:
“(A) With respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service, during the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service.
“(B) With respect to a servicemember described in paragraph (1)(B), during the one-year period beginning on the date on which the servicemember is placed on convalescent status or transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code.
“(C) With respect to a veteran described in paragraph (1)(C), during the one-year period beginning on the date of the retirement of such veteran.
“(D) With respect to a surviving spouse of a servicemember as described in paragraph (1)(D), during the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember.”
“(e) Other individuals—For purposes of this section, the term servicemember includes any covered individual under section 303B.”
“(3) to vindicate the public interest, assess a civil penalty—
“(A) with respect to a violation of section 207, 303, or 303B regarding real property—
“(i) in an amount not exceeding $110,000 for a first violation; and
“(ii) in an amount not exceeding $220,000 for any subsequent violation; and
“(B) with respect to any other violation of this Act—
“(i) in an amount not exceeding $55,000 for a first violation; and
“(ii) in an amount not exceeding $110,000 for any subsequent violation.”
“(b) Eligibility—In addition to the protections under subsection (a), an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection (a) solely by reason of such entitlement.”
“(d) Lending institution requirements
“(1) Compliance officers—Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section.
“(2) Toll-free telephone number—During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution.”
“1126b. Dependent-of-a-combat-veteran lapel button: eligibility and presentation
“(a) Design and eligibility—A lapel button, to be known as the dependent-of-a-combat-veteran lapel button, shall be designed, as approved by the Secretary of Defense, to identify and recognize the dependent of a member of the armed forces who is serving or has served in a combat zone for a period of more than 30 days.
“(b) Presentation—The Secretary concerned may authorize the use of appropriated funds to procure dependent-of-a-combat-veteran lapel buttons and to provide for their presentation to eligible dependents of members.
“(c) Exception to time-period requirement—The 30-day period specified in subsection (a) does not apply if the member is killed or wounded in the combat zone before the expiration the period.
“(d) License to manufacture and sell lapel buttons—Section 901(c) of title 36 shall apply with respect to the dependent-of-a-combat-veteran lapel button authorized by this section.
“(e) Combat zone defined—In this section, the term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.
“(f) Regulations—The Secretary of Defense shall issue such regulations as may be necessary to carry out this section. The Secretary shall ensure that the regulations are uniform for each armed force to the extent practicable.”
“(3) If a secondary educational institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau otherwise meets the conditions imposed by subsection (b) on the establishment and maintenance of units of the Junior Reserve Officers’ Training Corps, the Secretary of a military department may establish and maintain a unit of the Junior Reserve Officers’ Training Corps at the secondary educational institution even though the secondary educational institution is not a United States secondary educational institution.”
“2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses
“(a) Limitation on use of assistance—In the case of a member of the armed forces who is enrolled in an educational institution in a State for purposes of obtaining employment in an occupation or profession requiring the approval or licensure of a board or agency of that State, educational assistance specified in subsection (b) may be used by the member for a course offered by the educational institution that is a required element of the curriculum to be satisfied to obtain employment in that occupation or profession only if—
“(1) the successful completion of the curriculum fully qualifies a student to—
“(A) take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and
“(B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and
“(2) in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program.
“(b) Covered educational assistance—The educational assistance specified in this subsection is educational assistance as follows:
“(1) Educational assistance for members of the armed forces under section 2007 and 2015 of this title.
“(2) Educational assistance for persons enlisting for active duty under chapter 106A of this title.
“(3) Educational assistance for members of the armed forces held as captives under section 2183 of this title.
“(4) Educational assistance for members of the Selected Reserve under chapter 1606 of this title.
“(5) Educational assistance for reserve component members supporting contingency operations and other operations under chapter 1607 of this title.
“(6) Such other educational assistance provided members of the armed force under the laws the administered by the Secretary of Defense or the Secretaries of the military departments as the Secretary of Defense shall designate for purposes of this section.”
“(3) Any payments received by the Secretary of Defense under this subsection shall be credited to the account designated by the Secretary for the operation of the virtual educational program under this subsection. Payments so credited shall be merged with other funds in the account and shall be available, to the extent provided in advance in appropriation Acts, for the same purposes and the same period as other funds in the account.”
“(b) Fraudulent representations about receipt of military decorations or medals—Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both.”
“(1) In general—If a decoration”
“(2) Combat badge defined—In this subsection, the term “combat badge” means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.”
“1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
“(a) Establishment—There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department in which the Coast Guard is operating a roll designated as the “Army, Navy, Air Force, and Coast Guard Medal of Honor Roll”.
“(b) Enrollment—The Secretary concerned shall enter and record on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 3741, 6241, or 8741 of this title or section 491 of title 14.
“(c) Issuance of enrollment certificate—Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be issued a certificate of enrollment on the roll.
“(d) Entitlement to special pension; notice to secretary of Veterans Affairs—The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under subsection (c). The copy of the certificate shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate.”
“(g)
“(1) A person who is entitled to special pension under subsection (a) may elect not to receive special pension by notifying the Secretary of such election in writing.
“(2) Upon receipt of an election made by a person under paragraph (1) not to receive special pension, the Secretary shall cease payments of special pension to the person.”
“(b) Gold content—The metal content of the Medal of Honor shall be 90 percent gold and 10 percent alloy.”
“(b) Gold content—The metal content of the Medal of Honor shall be 90 percent gold and 10 percent alloy.”
“(b) Gold content—The metal content of the Medal of Honor shall be 90 percent gold and 10 percent alloy.”
“(b) Gold content—The metal content of the Medal of Honor shall be 90 percent gold and 10 percent alloy.”
“(b) Prompt replacement required—When a request for the replacement of a military decoration is received under this section or section 3747, 3751, 6253, 8747, or 8751 of this title, the Secretary concerned shall ensure that—
“(1) all actions to be taken with respect to the request, including verification of the service record of the recipient of the military decoration, are completed within one year; and
“(2) the replacement military decoration is mailed to the person requesting the replacement military decoration within 60 days after verification of the service record.
“(c) Annual report—The Secretary of Defense shall submit to the congressional defense committees an annual report regarding compliance by the military departments with the performance standards imposed by subsection (b). Each report shall include—
“(1) for the one-year period covered by the report—
“(A) the average number of days it took to verify the service record and entitlement of members and former members of the armed forces for replacement military decorations;
“(B) the average number of days between receipt of a request and the date on which the replacement military decoration was mailed; and
“(C) the average number of days between verification of a service record and the date on which the replacement military decoration was mailed; and
“(2) an estimate of the funds necessary for the next fiscal year to meet or exceed such performance standards.”
“(6) The University of North Georgia.”
“4727. Cemetery concessions contracts
“(a) Contracts authorized—The Secretary of the Army may enter into a contract with an appropriate entity for the provision of transportation, interpretative, or other necessary or appropriate concession services to visitors at the Army National Military Cemeteries.
“(b) Special requirements
“(1) The Secretary of the Army shall establish and include in each concession contract such requirements as the Secretary determines are necessary to ensure the protection, dignity, and solemnity of the cemetery at which services are provided under the contract.
“(2) A concession contract shall not include operation of the gift shop at Arlington National Cemetery without the specific prior authorization by an Act of Congress.
“(c) Term of contracts
“(1) Except as provided in paragraph (2), a concession contract may be awarded for a period of not more than 10 years.
“(2)
“(A) If the Secretary of the Army determines that the terms and conditions of a concession contract to be entered into under this section, including any required construction of capital improvements, warrant entering into the contract for a period of greater than 10 years, the Secretary may award the contract for a period of up to 20 years.
“(B) If a concession contract is intended solely for the provision of transportation services, the Secretary may enter into the contract for a period of not more than five years and may extend the period of the contract for one or more successive five-year periods pursuant to an option included in the contract or a modification of the contract. The aggregate period of any such contract, including extensions, may not exceed 10 years.
“(d) Franchise fees—A concession contract shall provide for payment to the United States of a franchise fee or such other monetary consideration as determined by the Secretary of the Army. The Secretary shall ensure that the objective of generating revenue for the United States is subordinate to the objectives of honoring the service and sacrifices of the deceased members of the armed forces and of providing necessary and appropriate services for visitors to the Cemeteries at reasonable rates.
“(e) Special account—All franchise fees (and other monetary consideration) collected by the United States under subsection (d) shall be deposited into a special account established in the Treasury of the United States. The funds deposited in such account shall be available for expenditure by the Secretary of the Army, to the extent authorized and in such amounts as are provided in advance in appropriations Acts, to support activities at the Cemeteries. The funds deposited into the account shall remain available until expended.
“(f) Concession contract defined—In this section, the term “concession contract” means a contract authorized and entered into under this section.”
“(d) Performances funded by private donation—Notwithstanding section 2601(c) of this title, any gift made to the Secretary of Defense under section 2601 on the condition that such gift be used for the benefit of a military musical unit shall be credited to the appropriation or account providing the funds for such military musical unit. Any amount so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.”
“336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps
“(a) Contracting bonus authorized—The Secretary concerned may pay a bonus under this section to a cadet or midshipman enrolled in the Senior Reserve Officers’ Training Corps who executes a written agreement described in subsection (c).
“(b) Amount of bonus—The amount of a bonus under subsection (a) may not exceed $5,000.
“(c) Agreement—A written agreement referred to in subsection (a) is a written agreement by the cadet or midshipman—
“(1) to complete field training or a practice cruise under section 2104(b)(6)(A)(ii) of title 10;
“(2) to complete advanced training under chapter 103 of title 10;
“(3) to accept a commission or appointment as an officer of the armed forces; and
“(4) to serve on active duty.
“(d) Payment method—Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify when the bonus will be paid and whether the bonus will be paid in a lump sum or in installments.
“(e) Repayment—A person who, having received all or part of a bonus under subsection (a), fails to fulfill the terms of the written agreement required by such subsection for receipt of the bonus shall be subject to the repayment provisions of section 373 of this title.
“(f) Regulations—The Secretary concerned shall issue such regulations as may be necessary to carry out this section.
“(g) Termination of authority—No agreement under this section may be entered into after December 31, 2015.”
“1059a. Dependents of certain members separated for Uniform Code of Military Justice offenses: transitional compensation; commissary and exchange benefits
“(a) Authority To pay compensation—The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a program under which the Secretary may pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection (b) who is under the jurisdiction of the Secretary.
“(b) Members and punitive actions covered—This section applies in the case of a member of the armed forces who, after completing more than 20 years of active service or more than 20 years of service computed under section 12732 of this title—
“(1) is convicted by court-martial of an offense under chapter 47 of this title (the Uniform Code of Military Justice);
“(2) is separated from active duty pursuant to the sentence of the court-martial; and
“(3) forfeits all pay and allowances pursuant to the sentence of the court-martial.
“(c) Recipient of payments
“(1) In the case of a member of the armed forces described in subsection (b), the Secretary may pay compensation under this section to dependents or former dependents of the member as follows:
“(A) If the member was married at the time of the commission of the offense resulting in separation from the armed forces, such compensation may be paid to the spouse or former spouse to whom the member was married at that time, including an amount for each, if any, dependent child of the member who resides in the same household as that spouse or former spouse.
“(B) If there is a spouse or former spouse who is or, but for subsection (d)(2), would be eligible for compensation under this section and if there is a dependent child of the member who does not reside in the same household as that spouse or former spouse, compensation under this section may be paid to each such dependent child of the member who does not reside in that household.
“(C) If there is no spouse or former spouse who is or, but for subsection (d)(2), would be eligible under this section, compensation under this section may be paid to the dependent children of the member.
“(2) A dependent or former dependent of a member described in subsection (b) is not eligible for transitional compensation under this section if the Secretary concerned determines (under regulations prescribed under subsection (g)) that the dependent or former dependent was an active participant in the conduct constituting the offense under chapter 47 of this title (the Uniform Code of Military Justice) for which the member was convicted and separated from the armed forces.
“(d) Commencement and duration of payment
“(1) If provided under this section, the payment of transitional compensation under this section shall commence—
“(A) as of the date the court-martial sentence is adjudged if the sentence, as adjudged, includes—
“(i) a dismissal, dishonorable discharge, or bad conduct discharge; and
“(ii) forfeiture of all pay and allowances; or
“(B) if there is a pretrial agreement that provides for disapproval or suspension of the dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances, as of the date of the approval of the court-martial sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice) if the sentence, as approved, includes—
“(i) an unsuspended dismissal, dishonorable discharge, or bad conduct discharge; and
“(ii) forfeiture of all pay and allowances.
“(2) Paragraphs (2) and (3) of subsection (e), paragraphs (1) and (2) of subsection (g), and subsections (f) and (h) of section 1059 of this title shall apply in determining—
“(A) the amount of transitional compensation to be paid under this section;
“(B) the period for which such compensation may be paid; and
“(C) the circumstances under which the payment of such compensation may or will cease.
“(e) Commissary and exchange benefits—A dependent or former dependent who receives transitional compensation under this section shall, while receiving such payments, be entitled to use commissary and exchange stores in the same manner as provided in subsection (j) of section 1059 of this title.
“(f) Coordination of benefits—The Secretary concerned may not make payments to a spouse or former spouse under both this section and section 1059 or 1408(h)(1) of this title. In the case of a spouse or former spouse for whom a court order provides for payments by the Secretary pursuant to section 1408(h)(1) of this title and to whom the Secretary offers payments under this section or section 1059, the spouse or former spouse shall elect which payments to receive.
“(g) Regulations—If the Secretary of Defense (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) establishes a program to provide transitional compensation under this section, that Secretary shall prescribe regulations to carry out the program.
“(h) Dependent child defined—In this section, the term dependent child, with respect to a member or former member of the armed forces referred to in subsection (b), has the meaning given such term in subsection (l) of section 1059 of this title, except that status as a dependent child shall be determined as of the date on which the member described in subsection (b) is convicted of the offense concerned.”
“(i) Coordination of benefits—The Secretary concerned may not make payments to a spouse or former spouse under both this section and section 1059a or 1408(h)(1) of this title. In the case of a spouse or former spouse for whom a court order provides for payments by the Secretary pursuant to section 1408(h)(1) of this title and to whom the Secretary offers payments under this section or section 1059a, the spouse or former spouse shall elect which payments to receive.”
“(A) Members with retired pay computed using final basic pay—The monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service before September 8, 1980, and”
“(B) Members with retired pay computed using high-three—Subject to subsections (d) and (e), the monthly retired pay of a member or former member of an armed force who first became a member of a uniformed service on or after September 8, 1980, may not be less, on the date on which the member or former member initially becomes entitled to such pay, than the monthly retired pay to which the member or former member would be entitled on that date if the member or former member had become entitled to retired pay on an earlier date, adjusted to reflect any applicable increases in such pay under this section. However, in the case of a member or former member whose retired pay is computed subject to section 1407(f) of this title, subparagraph (A) (rather than the preceding sentence) shall apply in the same manner as if the member or former member first became a member of a uniformed service before September 8, 1980, but only with respect to a calculation as of the date on which the member or former member first became entitled to retired pay.”
“(3)
“(A) The governing body established pursuant to paragraph (2) shall endeavor to increase the purchase for resale at commissary stores and exchange stores of sustainable products, local food products, and recyclable materials.
“(B) As part of its efforts under subparagraph (A), the governing body shall develop—
“(i) guidelines for the identification of fresh meat, poultry, seafood, and fish, fresh produce, and other products raised or produced through sustainable methods; and
“(ii) goals, applicable to all commissary stores and exchange stores world-wide, to maximize, to the maximum extent practical, the purchase of sustainable products, local food products, and recyclable materials by September 30, 2018.”
“(10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose remains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title.”
“(g)
“(1) The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. The Secretary concerned shall pay all other expenses authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropriations available at the time of reimbursement for the payment of such expenses.
“(2) In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were retained for the forensic pathology investigation, the Secretary may pay for the transportation of those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under subsection (a)(8).
“(3) In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under subsection (a)(8), whether or not on a reimbursable basis.”
“107A. Honoring as veterans certain persons who performed service in the reserve components
“Any person who is entitled under chapter 1223 of title 10 to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this section.”
“(f) Special priority for certain disabled veterans
“(1) The Secretary of Defense shall provide, at no additional cost to the Department of Defense and with no aircraft modification, transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total.
“(2) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary shall provide transportation under paragraph (1) on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay.
“(3) The requirement to provide transportation on Department of Defense aircraft on a space-available basis on the priority basis described in paragraph (2) to veterans covered by this subsection applies whether or not the travel program is established under this section.
“(4) In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38.”
“(B) Once during each 180-day period during which a member is deployed.”
“(ii) by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capacity of such personnel to perform higher priority tasks; and”
“1074n. Periodic mental health assessments for members of the armed forces
“(a) In general—The Secretary of Defense shall provide periodic, person-to-person mental health assessments to each member of the armed forces serving on active duty.
“(b) Frequency—The Secretary shall determine the frequency of the mental health assessments provided under subsection (a).
“(c) Elements
“(1) The mental health assessments provided under subsection (a) shall meet the requirements for mental health assessments as described in section 1074m(c)(1) of this title.
“(2) The Secretary may treat health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under sections 1074f and 1074m of this title, as meeting the requirements for mental health assessments required under subsection (a) if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section.
“(d) Sharing of information—Section 1074m(e) of this title, regarding the sharing of information with the Secretary of Veterans Affairs, shall apply to mental health assessments provided under subsection (a).
“(e) Regulations—The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.”
“(g)
“(1) Subject to paragraph (3)(A), in providing health care under subsection (a), the treatment of developmental disabilities (as defined by section 102(8) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002(8))), including autism spectrum disorder, shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician.
“(2) In carrying out this subsection, the Secretary shall ensure that—
“(A) except as provided by subparagraph (B), a person who is authorized to provide behavioral health treatment is licensed or certified by a State or accredited national certification board; and
“(B) applied behavior analysis or other behavioral health treatment may be provided by an employee, contractor, or trainee of a person described in subparagraph (A) if the employee, contractor, or trainee meets minimum qualifications, training, and supervision requirements as set forth by the Secretary.
“(3)
“(A) This subsection shall not apply to—
“(i) a medicare eligible beneficiary (as defined in section 1111(b) of this title); or
“(ii) a covered beneficiary who is a beneficiary by reason of being a retired member of the Coast Guard, the Commissioned Corp of the National Oceanic and Atmospheric Administration, or the Commissioned Corp of the Public Health Service, or by being a dependent of such a retired member.
“(B) Except as provided in subparagraph (A), nothing in this subsection shall be construed as limiting or otherwise affecting the benefits otherwise provided to a covered beneficiary under—
“(i) this chapter;
“(ii) title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or
“(iii) any other law.”
“(b) Access to TRICARE Prime
“(1) One-time election—Subject to paragraph (3), the Secretary shall ensure that each affected eligible beneficiary who is enrolled in TRICARE Prime as of September 30, 2013, may make a one-time election to continue such enrollment in TRICARE Prime, notwithstanding that a contract described in subsection (a)(2)(A) does not allow for such enrollment based on the location in which such beneficiary resides. The beneficiary may continue such enrollment in TRICARE Prime so long as the beneficiary resides in the same ZIP code as the ZIP Code in which the beneficiary resided at the time of such election.
“(2) Enrollment in TRICARE Standard—If an affected eligible beneficiary makes the one-time election under paragraph (1), the beneficiary may thereafter elect to enroll in TRICARE Standard at any time in accordance with a contract described in subsection (a)(2)(A).
“(3) Residence at time of election—An affected eligible beneficiary may not make the one-time election under paragraph (1) if, at the time of such election, the beneficiary does not reside in a ZIP code that is in a region described in subsection (c)(1)(B).”
“(e) Secretary concerned defined—In this section, the term “Secretary concerned” means—
“(1) the Secretary of a military department; or
“(2) the Secretary of Defense.”
“236. Embedded mental health providers of the reserve components: display of budget information
“The Secretary of Defense shall submit to Congress, as a part of the documentation that supports the President’s annual budget for the Department of Defense, a budget justification display with respect to embedded mental health providers within each reserve component, including the amount requested for each such component.”
“(e) Carryover of reductions required—If the reductions required by subsection (c)(2) for fiscal years 2012 and 2013 are not implemented, the amounts remaining for those reductions in fiscal years 2012 and 2013 shall be implemented in fiscal years 2014 and 2015.
“(f) Anti-Deficiency Act violation—Failure to comply with subsections (a) and (e) shall be considered violations of section 1341 of title 31, United States Code (popularly referred to as the Anti-Deficiency Act).”
“(I) procured from an original manufacturer or its authorized dealer or from a trusted supplier in accordance with regulations described in paragraph (3); or
“(II) provided”
“(C) the cost of counterfeit electronic parts and suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of obsolete parts are not allowable costs under Department contracts, unless—
“(i) the offeror’s proposal in response to a Department of Defense solicitation for maintenance, refurbishment, or remanufacture work identifies obsolete electronic parts and includes a plan to ensure trusted sources of supply for obsolete electronic parts, or to implement design modifications to eliminate obsolete electronic parts;
“(ii) the Department elects not to fund design modifications to eliminate obsolete electronic parts; and
“(iii) the contractor applies inspections and tests intended to detect counterfeit electronic parts and suspect counterfeit electronic parts when purchasing electronic parts from other than the original manufacturers or their authorized dealers, pursuant to paragraph (3).”
“(P) Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $763,029 adjusted annually for the U.S. Bureau of Labor Statistics Employment Cost Index for total compensation for private industry workers, by occupational and industry group not seasonally adjusted, except that the Secretary of Defense may establish narrowly targeted exceptions for positions in the science, technology, engineering, mathematics, medical, and manufacturing fields upon a determination that such exceptions are needed to ensure that the Department of Defense has continued access to needed skills and capabilities.”
“(Q) Costs of compensation of senior executives of a covered contractor.”
“(5) The term “senior executives”, with respect to a covered contractor, means the five most highly compensated employees of the contractor. In determining the five most highly compensated employees in the case of a contractor with components (such as subsidiaries or divisions), the determination shall be made using the five most highly compensated employees contractor-wide, not within each component.”
“(7) The term “covered contractor”, with respect to a fiscal year, means a contractor that was awarded Federal contracts in an amount totaling more than $500,000,000 during the previous fiscal year.”
“(16) Costs of compensation of any contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $763,029 adjusted annually for the U.S. Bureau of Labor Statistics Employment Cost Index for total compensation for private industry workers, by occupational and industry group not seasonally adjusted, except that the executive agency may establish narrowly targeted exceptions for positions in the science, technology, engineering, mathematics, medical, and manufacturing fields upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.”
“(17) Costs of compensation of senior executives of a covered contractor.”
“(4) The term “senior executives”, with respect to a covered contractor, means the five most highly compensated employees of the contractor. In determining the five most highly compensated employees in the case of a contractor with components (such as subsidiaries or divisions), the determination shall be made using the five most highly compensated employees contractor-wide, not within each component.
“(5) The term “covered contractor”, with respect to a fiscal year, means a contractor that was awarded Federal contracts in an amount totaling more than $500,000,000 during the previous fiscal year.”
“(B) for each major defense acquisition program or designated major subprogram included in the report—
“(i) the Baseline Estimate (as that term is defined in section 2433(a)(2) of this title), along with the associated risk curve and sensitivity of that estimate;
“(ii) the original Baseline Estimate (as that term is defined in section 2435(d)(1) of this title), along with the associated risk curve and sensitivity of that estimate;
“(iii) if the original Baseline Estimate was adjusted or revised pursuant to section 2435(d)(2) of this title, such adjusted or revised estimate, along with the associated risk curve and sensitivity of that estimate; and
“(iv) the primary risk parameters associated with the current procurement cost for the program (as that term is used in section 2432(e)(4) of this title);”
“(E) estimated contract termination costs; and”
“(8) annually review the cost estimates and associated information required to be included, by section 2432(c)(1)(B) of this title, in the Selected Acquisition Reports required by that section.”
“(D) a summary of the cost estimate information reviewed under subsection (a)(8), an identification of any trends in that information, an aggregation of the cumulative risk of the portfolio of systems reviewed under that subsection, and recommendations for improving cost estimates on the basis of the review under that subsection.”
“(B) The requirement of subparagraph (A)(ii) relating to assigning at least equal importance to evaluation factors of cost or price may be waived by the head of the agency.”
“(C) Not later than 180 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress, and post on a publicly available website of the Department of Defense, a report containing a list of each waiver issued by the head of an agency under subparagraph (B) during the preceding fiscal year.”
“(3) A flag of the United States of America (within the meaning of chapter 1 of title 4).”
“(1) Contingency operation—The term”
“(2) Covered combatant command—The term “covered combatant command” means the United States Central Command, the United States European Command, the United States Southern Command, and the United States Pacific Command.”
“(e) Penalties for failure to comply—Any contract in Afghanistan entered into or modified after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014 may include a clause requiring the imposition of a penalty on any contractor that does not comply with the policies or guidance issued or the regulations prescribed pursuant to subsection (c). Compliance with such policies, guidance, or regulations may be considered as a factor in the determination of award and incentive fees.”
“(4) Any penalties imposed on contractors for failing to comply with requirements under section 861(e), including requirements to provide information for the common databases identified under section 861(b)(4).”
“(d)
“(1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.
“(2) In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall comply with the requirements of section 2533a of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 of title 10 (or any other provision of law).
“(3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear—
“(A) is medically required to meet unique physiological needs of the member; and
“(B) cannot be met with athletic footwear that complies with the requirements of this subsection.”
“(8) The term “military department” means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force.”
“503 Department of the Navy and Marine Corps”
“507 Composition of the Department of the Navy and Marine Corps”
“2278. Notification of foreign interference of national security space
“(a) Notice required—The Secretary of Defense shall, with respect to each attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability, provide to the appropriate congressional committees—
“(1) not later than 48 hours after the Secretary determines that there is reason to believe such attempt occurred, notice of such attempt; and
“(2) not later than 10 days after the date on which the Secretary determines that there is reason to believe such attempt occurred, a notification described in subsection (b) with respect to such attempt.
“(b) Notification description—A notification described in this subsection is a notification that includes—
“(1) the name and a brief description of the national security space capability that was impacted by an attempt by a foreign actor to disrupt, degrade, or destroy a United States national security space capability;
“(2) a description of such attempt, including the foreign actor, the date and time of such attempt, and any related capability outage and the mission impact of such outage; and
“(3) any other information the Secretary considers relevant.
“(c) Appropriate congressional committees defined—The term “appropriate congressional committees” means—
“(1) the congressional defense committees; and
“(2) with respect to a notice or notification related to an attempt by a foreign entity to disrupt, degrade, or destroy a United States national security space capability that is intelligence-related, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”
“(A) each of the matters required by subsection (c); and
“(B) a description of how the Department of Defense and the intelligence community plan to provide necessary national security capabilities, through alternative space, airborne, or ground systems, if a foreign actor degrades, denies access to, or destroys United States national security space capabilities.”
“(c) Congressional intelligence committees defined—In this section, the term “congressional intelligence committees” has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
“(g) Requirement for oversight or appropriate corrective actions—For purposes of subsection (f)(3)(B), if insufficient levels of Government oversight are found, the Secretary of the military department or head of the Defense Agency responsible shall provide such oversight or take appropriate corrective actions, including potential conversion to Government performance, consistent with this section and sections 129 and 2463 of this title.”
“(g) Certifications of appropriate manpower performance
“(1) Beginning in fiscal year 2014 and continuing through fiscal year 2018, the Secretary of Defense, or an official designated personally by the Secretary, no later than February 1 of each reporting year, shall submit to the congressional defense committees the findings of the reviews required under subsection (e) and certify in writing that—
“(A) all Department of Defense contractor positions identified as being responsible for the performance of inherently governmental functions have been eliminated;
“(B) each Department of Defense contract that is a personal services contract has been entered into, and is being performed, in accordance with applicable laws and regulations; and
“(C) any contract for services that includes any functions that are closely associated with inherently governmental functions or designated as critical have been reviewed to determine if those activities should be—
“(i) subject to action pursuant to section 2463 of this title; or
“(ii) converted to an acquisition approach that would be more advantageous to the Department of Defense.
“(2) If the certifications required in paragraph (1) are not submitted by the date required in a reporting year, the Inspector General of the Department of Defense shall assess the Department’s compliance with subsection (e) and determine why the Secretary could not make the certifications required in paragraph (1). The Inspector General shall submit to the congressional defense committees, not later than May 1 of the reporting year, a report on such assessment and determination.
“(3) Not later than May 1 of each reporting year, the Comptroller General of the United States shall submit to the congressional defense committees a report containing the Comptroller General’s assessment of the reviews conducted under subsection (e) and the actions taken to resolve the findings of the reviews.”
“(a) Authority to make transfer—The Secretary of the Navy may convey, by donation, all right, title, and interest to any vessel stricken from the Naval Vessel Register or any captured vessel, for use as a museum or memorial for public display in the United States, to—
“(1) any State, the District of Columbia, any Commonwealth or possession of the United States, or any municipal corporation or political subdivision thereof; or
“(2) any nonprofit entity.”
“(b) Limitations on liability and responsibility
“(1) The United States and all departments and agencies thereof, and their officers and employees, shall not be liable at law or in equity for any injury or damage to any person or property occurring on a vessel donated under this section.
“(2) Notwithstanding any other law, the United States and all departments and agencies thereof, and their officers and employees, shall have no responsibility or obligation to make, engage in, or provide funding for, any improvement, upgrade, modification, maintenance, preservation, or repair to a vessel donated under this section.”
“(e) Application of environmental laws—Nothing in this section shall affect the applicability of Federal, State, interstate, and local environmental laws and regulations, including the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), to the Department of Defense or to a donee.
“(f) Definitions—In this section:
“(1) The term “nonprofit entity” means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.
“(2) The term “Munitions List” means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act (22 U.S.C. 2778).
“(3) The term “donee” means any entity receiving a vessel pursuant to subsection (a).”
“7306. Vessels stricken from Naval Vessel Register; captured vessels: conveyance by donation”
“(2) For purposes of this section, a naval vessel that does not have a designated homeport shall be treated as being homeported in the United States or Guam.”
“(d) Voyage repair defined—In this section, the term “voyage repair” has the meaning given such term in Navy Instruction COMFLTFORCOMINST 4790.3B.”
“(b) Primary members—Primary members of a military commission under this chapter are voting members.
“(c) Alternate members
“(1) A military commission may include alternate members to replace primary members who are excused from service on the commission.
“(2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.”
“(4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.”
“(4) The primary members present for a vote on a sentence need not be the same primary members who voted on the conviction if the requirements of section 948m(d) of this title are met.”
“(5) A discussion and justification of how the program fits within the theater security priorities of each of the commanders of the geographic combatant commands.”
“130f. Congressional notification of sensitive military operations
“(a) In general—The Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of any sensitive military operation following such operation.
“(b) Procedures
“(1) The Secretary of Defense shall establish and submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity.
“(2) The congressional defense committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
“(c) Sensitive military operation defined—The term “sensitive military operation” means a lethal operation or capture operation conducted by the armed forces outside the United States pursuant to—
“(1) the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note); or
“(2) any other authority except—
“(A) a declaration of war; or
“(B) a specific statutory authorization for the use of force other than the authorization referred to in paragraph (1).
“(d) Exception—The notification requirement under subsection (a) shall not apply with respect to a sensitive military operation executed within the territory of Afghanistan pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).
“(e) Rule of construction—Nothing in this section shall be construed to provide any new authority or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), or any requirement under the National Security Act of 1947 (50 U.S.C. 3001 et seq.).”
“492. Quarterly briefings: counterterrorism operations
“(a) Briefings Required—The Secretary of Defense shall provide to the congressional defense committees quarterly briefings outlining Department of Defense counterterrorism operations and related activities.
“(b) Elements—Each briefing under subsection (a) shall include each of the following:
“(1) A global update on activity within each geographic combatant command.
“(2) An overview of authorities and legal issues including limitations.
“(3) An outline of interagency activities and initiatives.
“(4) Any other matters the Secretary considers appropriate.”
“(5) Limitation—Of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2014 or otherwise made available for fiscal year 2014 for the Office of the Secretary of Defense for travel, not more than 75 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of Defense notifies the appropriate congressional committees that the Secretary has entered into an agreement under paragraph (1) with a federally funded research and development center.”
“427. Conflict Records Research Center
“(a) Center Authorized—The Secretary of Defense may establish a center to be known as the “Conflict Records Research Center” (in this section referred to as the “Center”).
“(b) Purposes—The purposes of the Center shall be the following:
“(1) To establish a digital research database including translations and to facilitate research and analysis of records captured from countries, organizations, and individuals, now or once hostile to the United States, with rigid adherence to academic freedom and integrity.
“(2) Consistent with the protection of national security information, personally identifiable information, and intelligence sources and methods, to make a significant portion of these records available to researchers as quickly and responsibly as possible while taking into account the integrity of the academic process and risks to innocents or third parties.
“(3) To conduct and disseminate research and analysis to increase the understanding of factors related to international relations, counterterrorism, and conventional and unconventional warfare and, ultimately, enhance national security.
“(4) To collaborate with members of academic and broad national security communities, both domestic and international, on research, conferences, seminars, and other information exchanges to identify topics of importance for the leadership of the United States Government and the scholarly community.
“(c) Concurrence of the Director of National Intelligence—The Secretary of Defense shall seek the concurrence of the Director of National Intelligence to the extent the efforts and activities of the Center involve the entities referred to in subsection (b)(4).
“(d) Support From Other United States Government Departments or Agencies—The head of any non-Department of Defense department or agency of the United States Government may—
“(1) provide to the Secretary of Defense services, including personnel support, to support the operations of the Center; and
“(2) transfer funds to the Secretary of Defense to support the operations of the Center.
“(e) Acceptance of Gifts and Donations
“(1) Subject to paragraph (3), the Secretary of Defense may accept from any source specified in paragraph (2) any gift or donation for purposes of defraying the costs or enhancing the operations of the Center.
“(2) The sources specified in this paragraph are the following:
“(A) The government of a State or a political subdivision of a State.
“(B) The government of a foreign country.
“(C) A foundation or other charitable organization, including a foundation or charitable organization that is organized or operates under the laws of a foreign country.
“(D) Any source in the private sector of the United States or a foreign country.
“(3) The Secretary may not accept a gift or donation under this subsection if acceptance of the gift or donation would compromise or appear to compromise—
“(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or
“(B) the integrity of any program of the Department or of any person involved in such a program.
“(4) The Secretary shall provide written guidance setting forth the criteria to be used in determining the applicability of paragraph (3) to any proposed gift or donation under this subsection.
“(f) Crediting of Funds Transferred or Accepted—Funds transferred to or accepted by the Secretary of Defense under this section shall be credited to appropriations available to the Department of Defense for the Center, and shall be available for the same purposes, and subject to the same conditions and limitations, as the appropriations with which merged. Any funds so transferred or accepted shall remain available until expended.
“(g) Definitions—In this section:
“(1) The term “captured record” means a document, audio file, video file, or other material captured during combat operations from countries, organizations, or individuals, now or once hostile to the United States.
“(2) The term “gift or donation” means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).”
“(5) a description of interagency efforts to coordinate and improve research, development, test, and evaluation for humanitarian demining technology and mechanical clearance methods, including the transfer of relevant counter-improvised explosive device technology with potential humanitarian demining applications.”
“(1) made available on a publicly accessible Internet website of the Department of Defense; and”
“(3) At the time of the budget submission by the President for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report containing summaries of the guidance developed under paragraphs (1) and (2), as well as summaries of any plans developed in accordance with the guidance developed under paragraph (2). Such summaries shall be sufficient to allow the congressional defense committees to evaluate fully the requirements for military forces, acquisition programs, and operations and maintenance funding in the President’s annual budget request for the Department of Defense.”
“2631b. Supplies: preference to United States aircraft
“(a) Preference—Only aircraft owned by the United States, or aircraft operated by or under the supervision of United States air carriers holding a certificate under section 41102 of title 49 and registered in the Civil Reserve Air Fleet, may be used for the transportation by air of supplies on behalf of any component of the Department of Defense. However, if the President finds that the rates charged for the use of those aircraft is excessive or otherwise unreasonable, contracts for transportation may be made as otherwise provided by law. Charges made for the transportation of those supplies by those aircraft may not be higher than the charges made for transporting like goods for private persons.
“(b) Outsize and oversize cargoes
“(1) The preference under subsection (a) shall not apply to outsize or oversize cargoes if no air carrier registered in the Civil Reserve Air Fleet nor any aircraft owned by the United States are available and capable of transporting such a cargo.
“(2) The Secretary of Defense shall ensure that, to the maximum extent practicable, outsize and oversize cargoes are transported by aircraft owned and operated by the United States or by air carriers in the Civil Reserve Air Fleet.
“(3) Not later than March 30 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on outsize and oversize cargo flights. Each such report shall include, for the year covered by the report, each of the following:
“(A) The number of outsize and oversize cargo flights, including the number of flights and tonnage of each flight, flown both by aircraft owned and operated by the United States and by carriers in the Civil Reserve Air Fleet.
“(B) For any cargo carried by aircraft that is neither owned and operated by the United States nor by an air carrier in the Civil Reserve Air Fleet, an explanation for the use of such a carrier.”
“40131. Air transportation procured by the United States Government
“(a) Guarantee—Consistent with the provisions of section 40118 of title 49, when the United States procures, enters into a contract or subcontract for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or person without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any person unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities which may be transported on fixed wing aircraft are transported on privately-owned commercial aircraft that are owned, operated, or otherwise supervised by air carriers holding a certificate under section 41102 of this title and registered in the Civil Reserve Air Fleet, to the extent those aircraft are appropriate and available at fair and reasonable rates.
“(b) Exception
“(1) In general—The requirements of this section shall not apply to any equipment, materials, or commodities transported for the use of the military services of the United States or to respond to a humanitarian disaster.
“(2) Humanitarian disaster defined—For purposes of this subsection, the term “humanitarian disaster” means a man-made or natural occurrence that causes loss of life, health, property, or livelihood, inflicting severe destruction and distress.
“(c) Waiver
“(1) In general—The President, the Secretary of Transportation, or the Secretary of State, in coordination with the Secretary of Defense, as appropriate, may issue a temporary waiver of this section—
“(A) to respond to an emergency; or
“(B) if such a waiver is in the national interests of the United States.
“(2) Committee notice—The President, the Secretary of Transportation, or the Secretary of State, as appropriate, shall notify the following Committees within 30 days of exercising a waiver under paragraph (1):
“(A) The Committees on Armed Services and Appropriations of the Senate and the House of Representatives.
“(B) The Committee on Commerce, Science, and Transportation of the Senate.
“(C) The Committee on Transportation and Infrastructure of the House of Representatives.
“(D) The Committee on Foreign Relations of the Senate.
“(E) The Committee on Foreign Affairs of the House of Representatives.
“(3) Expiration and renewal of waiver—Any waiver issued under paragraph (1) shall expire not later than 180 days after the date on which it is issued. The President, the Secretary of Transportation, or the Secretary of State, as appropriate, may renew an expired or expiring waiver as long as the President or Secretary provides notice to the committees referred to in paragraph (2) in accordance with that paragraph.
“(d) Regulations—Each department or agency of the Government shall administer its air transport operations according to regulations and guidance issued by the Secretary of Transportation.
“(e) Enforcement—The Secretary of Transportation may impose on any person violating this section, or a regulation issued under this section, a civil penalty of up to $25,000 for each violation knowingly committed, with each day of a continuing violation following the initial shipment to be a separate violation.”
“403. Transportation of supplies from nonprofit organizations
“(a) Authorization of transportation—Notwithstanding any other provision of law, and subject to subsection (b), the Secretary of Defense may transport to any country, without charge, supplies that have been furnished by a nonprofit organization and that are intended for distribution to members of the armed forces. Such supplies may be transported only on a space available basis.
“(b) Limitations
“(1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that—
“(A) the transportation of the supplies is consistent with the policies of the United States;
“(B) the supplies are suitable for distribution to members of the armed forces and are in usable condition;
“(C) there is a legitimate need for the supplies by the members of the armed forces for whom they are intended; and
“(D) adequate arrangements have been made for the distribution and use of the supplies.
“(2) Procedures—The Secretary shall establish procedures for making the determinations required under paragraph (1). Such procedures shall include inspection of supplies before acceptance for transport.
“(3) Preparation—It shall be the responsibility of the nonprofit organization requesting the transport of supplies under this section to ensure that the supplies are suitable for transport.
“(c) Distribution—Supplies transported under this section may be distributed by the United States Government or a nonprofit organization.
“(d) Definition of nonprofit organization—In this section, the term “nonprofit organization” means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.”
“(g) Extension of a program—In this chapter, the term “extension of a program” means, with respect to a major automated information system program or other major information technology investment program, the further deployment or planned deployment to additional users of the system which has already been found operationally effective and suitable by an independent test agency or the Director of Operational Test and Evaluation, beyond the scope planned in the original estimate or information originally submitted on the program.”
“(2) Notification when variance due to congressional action or extension of program—If a senior Department of Defense official who, following receipt of a quarterly report described in paragraph (1) and making a determination described in paragraph (3), also determines that the circumstances resulting in the determination described in paragraph (3) either (A) are primarily the result of congressional action, or (B) are primarily due to an extension of a program, the official may, in lieu of carrying out an evaluation and submitting a report in accordance with paragraph (1), submit to the congressional defense committees, within 45 days after receiving the quarterly report, a notification that the official has made those determinations. If such a notification is submitted, the limitation in subsection (g)(1) does not apply with respect to that determination under paragraph (3).”
“(b) Insurance of United States Government property—The authority of the Secretary of Transportation to provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government under section 44305 is not effective after December 31, 2018.”
“(c) Days for Flag Display—For the purposes of this section, POW/MIA flag display days are all days on which the flag of the United States is displayed.”
“(15) permit the director of each Science and Technology Reinvention Laboratory (as described in section 1107(c) of the National Defense Authorization Act for Fiscal Year 2014) to determine the duration of appointments for senior executives (which shall in no event be less than 5 years), consistent with carrying out the mission of that laboratory.”
“(d) In addition to the number of positions authorized by subsection (a), the director of each Science and Technology Reinvention Laboratory (as described in section 1107(c) of the National Defense Authorization Act for Fiscal Year 2014), may establish, without regard to the second sentence of subsection (a), such number of scientific or professional positions as may be necessary to carry out the research and development functions of the laboratory and which require the services of specially-qualified personnel. The selection process governing appointments made under this subsection shall be determined by the director of the laboratory involved, and the rate of basic pay for the employee holding any such position shall be set by the laboratory director at a rate not to exceed the rate for level II of the Executive Schedule.”
“(C) support the theater security priorities of a Geographic Combatant Commander.”
“(3) To build the capacity of a foreign country’s security forces to conduct counterterrorism operations.”
“(3) Notification of planning and execution of funds—In the budget materials submitted to the President by the Secretary of Defense in connection with the submission to Congress, pursuant to section 1105 of title 31, United States Code, of the budget for fiscal year 2016, and each subsequent fiscal year, the Secretary of Defense shall include the following:
“(A) For programs to be conducted or supported under subsection (a) (other than subsection (a)(1)(C)) for such fiscal year, a description of the proposed planning and execution of not less than 50 percent of the total amount of funds to be made available for such programs.
“(B) For programs to be conducted or supported under subsection (a)(1)(C) for such fiscal year, a description of the proposed planning and execution of 100 percent of the total amount of funds to be made available for such programs.”
“(l) Notices to Congress—Not less than 30 days before initiating an activity under a program of assistance under subsection (b), the Secretary of State and the Secretary of Defense shall jointly submit to the specified congressional committees a notification that includes the following:
“(1) A request for the transfer of funds into the Fund under subsection (f) or any other authority, including the original source of the funds.
“(2) A detailed justification for the total anticipated program plan for each country to include total anticipated costs and the specific activities contained therein.
“(3) The budget, execution plan and timeline, and anticipated completion date for the activity.
“(4) A list of other security-related assistance or justice sector and stabilization assistance that the United States is currently providing the country concerned and that is related to or supported by the activity.
“(5) Such other information relating to the program or activity as the Secretary of State or Secretary of Defense considers appropriate.”
“(m) Guidance and processes for exercise of authority—The Secretary of State and the Secretary of Defense shall jointly submit a report to the specified congressional committees 15 days after the date on which the necessary guidance has been issued and processes for implementation of the authority in subsection (b). The Secretary of State and Secretary of Defense shall jointly submit additional reports not later than 15 days after the date on which any future modifications to the guidance and processes for implementation of the authority in subsection (b) are issued.”
“116. State Partnership Program
“(a) Purposes of program—The purposes of the State Partnership Program of the National Guard are the following:
“(1) To support the objectives of the commander of the combatant command for the theater of operations in which such contacts and activities are conducted.
“(2) To support the objectives of the United States chief of mission of the partner nation with which contacts and activities are conducted.
“(3) To build international partnerships and defense and security capacity.
“(4) To strengthen cooperation between the departments and agencies of the United States Government and agencies of foreign governments to support building of defense and security capacity.
“(5) To facilitate intergovernmental collaboration between the United States Government and foreign governments in the areas of defense and security.
“(6) To facilitate and enhance the exchange of information between the United States Government and foreign governments on matters relating to defense and security.
“(b) Availability of appropriated funds for program
“(1) Funds appropriated to the Department of Defense, including funds appropriated for the Air and Army National Guard, shall be available for the payment of costs incurred by the National Guard to conduct activities under the State Partnership Program, whether those costs are incurred inside or outside the United States.
“(2) Costs incurred by the National Guard and covered under paragraph (1) may include the following:
“(A) Costs of pay and allowances of members of the National Guard.
“(B) Travel and necessary expenses of United States personnel outside of the Department of Defense in support of the State Partnership Program.
“(C) Travel and necessary expenses of foreign participants directly supporting activities under the State Partnership Program.
“(c) Limitations on use of funds
“(1) Funds shall not be available under subsection (b) for activities conducted in a foreign country unless jointly approved by—
“(A) the commander of the combatant command concerned; and
“(B) the chief of mission concerned, with the concurrence of the Secretary of State.
“(2) Funds shall not be available under subsection (b) for the participation of a member of the National Guard in activities in a foreign country unless the member is on active duty in the armed forces at the time of such participation.
“(3) Funds shall not be available under subsection (b) for interagency activities involving United States civilian personnel or foreign civilian personnel unless the participation of such personnel in such activities—
“(A) contributes to responsible management of defense resources;
“(B) fosters greater respect for and understanding of the principle of civilian control of the military;
“(C) contributes to cooperation between the United States armed forces and civilian governmental agencies and foreign military and civilian government agencies; or
“(D) improves international partnerships and capacity on matters relating to defense and security.
“(d) Reimbursement
“(1) In the event of the participation of United States Government participants (other than personnel of the Department of Defense) in activities for which payment is made under subsection (b), the head of the department or agency concerned shall reimburse the Secretary of Defense for the costs associated with the participation of such personnel in such contacts and activities.
“(2) Amounts received under paragraph (1) shall be deposited in the appropriation or account from which amounts for the payment concerned were derived. Any amounts so deposited shall be merged with amounts in such appropriation or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.
“(e) Definitions—In this section:
“(1) The term State Partnership Program means a program that establishes a defense and security relationship between the National Guard of a State or territory and the military and security forces, and related disaster management, emergency response, and security ministries, of a foreign country.
“(2) The term activities, for purposes of the State Partnership Program, means any military-to-military activities or interagency activities for a purpose set forth in subsection (a)(1).
“(3) The term “interagency activities” means the following:
“(A) Contacts between members of the National Guard and foreign civilian personnel outside the ministry of defense of the foreign country concerned on a matter within the core competencies of the National Guard.
“(B) Contacts between United States civilian personnel and members of the military and security forces of a foreign country or foreign civilian personnel on a matter within the core competencies of the National Guard.
“(4) The term matter within the core competencies of the National Guard means matters with respect to the following:
“(A) Disaster response and mitigation.
“(B) Defense support to civil authorities.
“(C) Consequence management and installation protection.
“(D) Response to a chemical, biological, radiological, nuclear, or explosives (CBRNE) event.
“(E) Border and port security and cooperation with civilian law enforcement.
“(F) Search and rescue.
“(G) Medicine.
“(H) Counter-drug and counter-narcotics activities.
“(I) Public affairs.
“(J) Employer support and family support for reserve forces.
“(5) The term United States civilian personnel means the following:
“(A) Personnel of the United States Government (including personnel of departments and agencies of the United States Government other than the Department of Defense) and personnel of State and local governments of the United States.
“(B) Members and employees of the legislative branch of the United States Government.
“(C) Non-governmental individuals.
“(6) The term foreign civilian personnel means the following:
“(A) Civilian personnel of a foreign government at any level (including personnel of ministries other than ministries of defense).
“(B) Non-governmental individuals of a foreign country.”
“(C) Up to $279,000,000 made available to the Department of Defense for operation and maintenance for fiscal year 2014.”
“(C) An assessment of the capability of the Afghan National Security Forces (ANSF) to provide security for such project after January 1, 2015, including ANSF force levels required to secure the project. Such assessment should include the estimated costs of providing security and whether or not the Government of Afghanistan is committed to providing such security.”
“(D) In the case of funds for fiscal year 2014, until September 30, 2015.”
“(c) Improved application process—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014,”
“(a) In general—Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(27)), and shall, in consultation with the Secretary of Defense, ensure efficiency by which applications for special immigrant visas under section 1244(a) are processed so that all steps incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 9 months after the date on which an eligible alien applies for such visa, if the alien—”
“(A) Review process for denial by chief of mission
“(i) In general—An applicant who has been denied Chief of Mission approval required by subparagraph (A) shall—
“(I) receive a written decision; and
“(II) be provided 120 days from the date of the decision to request reopening of the decision to provide additional information, clarify existing information, or explain any unfavorable information.
“(ii) Senior coordinator—The Secretary of State shall designate, in the Embassy of the United States in Baghdad, Iraq, a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—
“(I) sufficiently high security clearance to review Chief of Mission denials in cases that appear to have relied upon insufficient or incorrect information; and
“(II) responsibility for ensuring that an applicant described in clause (i) receives the information described in clause (i)(I).”
“(f) Report on Improvements
“(1) In general—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report, with a classified annex, if necessary, to—
“(A) the Committee on the Judiciary of the Senate;
“(B) the Committee on Foreign Relations of the Senate;
“(C) the Committee on the Judiciary of the House of Representatives; and
“(D) the Committee on Foreign Affairs of the House of Representatives.
“(2) Contents—The report submitted under paragraph (1) shall describe the implementation of improvements to the processing of applications for special immigrant visas under section 1244(a), including information relating to—
“(A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall—
“(i) support immigration security; and
“(ii) provide for the orderly processing of such applications without delay;
“(B) the financial, security, and personnel considerations and resources necessary to carry out this subtitle;
“(C) the number of aliens who have applied for special immigrant visas under section 1244 during each month of the preceding fiscal year;
“(D) the reasons for the failure to expeditiously process any applications that have been pending for longer than 9 months;
“(E) the total number of applications that are pending due to the failure—
“(i) to receive approval from the Chief of Mission;
“(ii) for U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360;
“(iii) to conduct a visa interview; or
“(iv) to issue the visa to an eligible alien;
“(F) the average wait times for an applicant at each of the stages described in subparagraph (E);
“(G) the number of denials or rejections at each of the stages described in subparagraph (E); and
“(H) a breakdown of reasons for denials at by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission.
“(g) Public quarterly reports—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, and every 3 months thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish a report on the website of the Department of State that describes the efficiency improvements made in the process by which applications for special immigrant visas under section 1244(a) are processed, including information described in subparagraphs (C) through (H) of subsection (f)(2).”
“(ii) Review process for denial by chief of mission
“(I) In general—An applicant who has been denied Chief of Mission approval shall—
“(aa) receive a written decision; and
“(bb) be provided 120 days from the date of receipt of such opinion to request reconsideration of the decision to provide additional information, clarify existing information, or explain any unfavorable information.
“(II) Senior coordinator—The Secretary of State shall designate, in the Embassy of the United States in Kabul, Afghanistan, a senior coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given—
“(aa) sufficiently high security clearance to review Chief of Mission denials in cases that appear to have relied upon insufficient or incorrect information; and
“(bb) responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa).”
“(A) In general—Not later than 120 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall improve the efficiency by which applications for special immigrant visas under paragraph (1) are processed so that all steps incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 6 months after the date on which an eligible alien applies for such visa.
“(B) Prohibition on fees—The Secretary”
“(12) Report on improvements—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to the appropriate committees of Congress a report, with a classified annex, if necessary, that describes the implementation of improvements to the processing of applications for special immigrant visas under this subsection, including information relating to—
“(A) enhancing existing systems for conducting background and security checks of persons applying for special immigrant status, which shall—
“(i) support immigration security; and
“(ii) provide for the orderly processing of such applications without delay;
“(B) the financial, security, and personnel considerations and resources necessary to carry out this section;
“(C) the number of aliens who have applied for special immigrant visas under this subsection during each month of the preceding fiscal year;
“(D) the reasons for the failure to expeditiously process any applications that have been pending for longer than 9 months;
“(E) the total number of applications that are pending due to the failure—
“(i) to receive approval from the Chief of Mission;
“(ii) for U.S. Citizenship and Immigration Services to complete the adjudication of the Form I–360;
“(iii) to conduct a visa interview; or
“(iv) to issue the visa to an eligible alien;
“(F) the average wait times for an applicant at each of the stages described in subparagraph (E);
“(G) the number of denials or rejections at each of the stages described in subparagraph (E); and
“(H) a breakdown of reasons for denials by the Chief of Mission based on the categories already made available to denied special immigrant visa applicants in the denial letter sent to them by the Chief of Mission.
“(13) Public quarterly reports—Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, and every 3 months thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish a report on the website of the Department of State that describes the efficiency improvements made in the process by which applications for special immigrant visas under this subsection are processed, including information described in subparagraph (C) through (H) of paragraph (12).”
“(f) Matters to be included: Redeployment of United States Armed Forces from Afghanistan—The report required under subsection (a) shall include a detailed description of the following matters relating to the redeployment of United States Armed Forces from Afghanistan:
“(1) The number and a description of United States Armed Forces redeployed, vehicles and equipment redeployed, and bases closed during the reporting period.
“(2) A summary of tasks and functions conducted by the United States Armed Forces or the Department of Defense that have been transferred to other United States Government departments and agencies, Afghan Government ministries and agencies, other foreign governments, or nongovernmental organizations, or discontinued during the reporting period. The summary shall include a discussion of the formal and informal arrangements and working groups that have been established to coordinate and execute the transfer of such tasks and functions.
“(g) Matters to be included: Assessment of capability of ANSF to provide operations and maintenance functions—The report required under subsection (a) shall include a detailed assessment of the capability of the Afghan National Security Forces (ANSF) to provide operations and maintenance functions for infrastructure projects constructed for the ANSF after January 1, 2015, including—
“(1) a description of training provided to the ANSF by the United States and the International Security Assistance Force;
“(2) a comprehensive evaluation of operations and maintenance capabilities and skills; and
“(3) the Government of Afghanistan’s financial wherewithal to perform or contract out such functions.”
“(E) a description of the strategy and structure of the global Iranian Threat Network and an assessment of the capability of such Network and how such Network operates to reinforce Iran’s grand strategy;
“(F) a description of the gaps in intelligence of the Department of Defense with respect to Iran and a prioritization of those gaps in intelligence by operational need; and
“(G) an analysis of how sanctions on Iran are effecting its military capability and its ability to export terrorism to proxy groups within its Threat Network.”
“(c) Update—The Secretary of Defense shall revise or supplement the most recent report submitted pursuant to subsection (a) if, in the Secretary’s estimation, interim events or developments occurring in a period between reports required under subsection (a) warrant revision or supplement.”
“(e) Appropriate congressional committees defined—In this section, the term appropriate congressional committees means—
“(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
“(2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.”
“(e) Congressional briefing—Not later than May 15 of each year, the President shall provide to such committees a briefing on such report.”
“(5) provide for the recovery of any strategic and critical material from excess materials made available for recovery purposes by other Federal agencies;”
“(D) Encouraging the conservation of strategic and critical materials.”
“2419. Advancing small business growth
“(a) Identification of recommended business capabilities and characteristics
“(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall publish in the Federal Register and on the website of the Office of Small Business Programs of the Department of Defense a list of capabilities and characteristics recommended for the successful transition of a qualified small business concern to become competitive as an other-than-small business for contracts awarded by the Department of Defense. The capabilities and characteristics on the list shall be set forth by North American Industry Classification System sector.
“(2) The list shall be reviewed and updated appropriately on an annual basis.
“(b) Contract clause required
“(1) The Under Secretary shall require the clause described in paragraph (2) to be included in each covered contract awarded by the Department of Defense.
“(2) The clause described in this paragraph is a clause that—
“(A) requires the contractor to acknowledge that acceptance of the contract may cause the business to exceed the applicable small business size standards (established pursuant to section 3(a) of the Small Business Act) for the industry concerned and that the contractor may no longer qualify as a small business concern for that industry; and
“(B) encourages the contractor to develop capabilities and characteristics identified in the list required by subsection (a) if the contractor intends to remain competitive as an other-than-small business in that industry.
“(c) Assistance for advancing certain small businesses—Eligible small businesses may be provided specific assistance with developing the capabilities and characteristics identified in the list required by subsection (a), as part of any procurement technical assistance furnished pursuant to this chapter.
“(d) Definitions—In this section:
“(1) The term “covered contract” means a contract—
“(A) awarded to a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act; and
“(B) with an estimated annual value—
“(i) that will exceed the applicable receipt-based small business size standard; or
“(ii) if the contract is in an industry with an employee-based size standard, that will exceed $70,000,000.
“(2) The term “eligible small business” means a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act that has entered into a contract with the Department of Defense that includes a contract clause described in subsection (b)(2).”
“(c) Exception—The value of the assistance provided in accordance with section 2419(c) of this title is not subject to the limitations in subsection (a).”
“(1) in the case”
“(2) in the case of a program sponsored by such an entity that provides specific assistance for eligible small businesses pursuant to section 2419(c) of this title, the Secretary may agree to furnish the full cost of such assistance.”
“(e) In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.”
“2279. Foreign commercial satellite services
“(a) Prohibition—The Secretary of Defense may not enter into a contract for satellite services with a foreign entity if—
“(1) the foreign entity is an entity in which the government of a covered foreign country has an ownership interest; or
“(2) the foreign entity plans to or is expected to provide launch or other satellite services under the contract from a covered foreign country.
“(b) Waiver—The Secretary of Defense may waive subsection (a) for a particular contract if the Secretary, in consultation with the Director of National Intelligence, submits to the congressional defense committees a national security assessment for such contract that includes the following:
“(1) The projected period of performance (including any period covered by options to extend the contract), the financial terms, and a description of the services to be provided under the contract.
“(2) To the extent practicable, a description of the ownership interest that a covered foreign country has in the foreign entity providing satellite services to the Department of Defense under the contract and the launch or other satellite services that will be provided in a covered foreign country under the contract.
“(3) A justification for entering into a contract with such foreign entity and a description of the actions necessary to eliminate the need to enter into such a contract with such foreign entity in the future.
“(4) A risk assessment of entering into a contract with such foreign entity, including an assessment of mission assurance and security of information and a description of any measures necessary to mitigate risks found by such risk assessment.
“(c) Delegation of waiver authority—The Secretary of Defense may only delegate the authority under subsection (b) to waive subsection (a) to the Deputy Secretary of Defense, the Under Secretary of Defense for Policy, or the Under Secretary of Defense for Acquisition, Technology, and Logistics and such authority may not be further delegated.
“(d) Form of waiver assessments—Each assessment under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
“(e) Covered foreign country defined—In this section, the term “covered foreign country” means a country described in section 1261(c)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2019).”
“(h) Reporting on goals for procurement contracts awarded to small business concerns
“(1) Agency reports—At the conclusion of each fiscal year, the head of each Federal agency shall submit to the Administrator a report describing—
“(A) the extent of the participation by small business concerns, small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in the procurement contracts of such agency during such fiscal year;
“(B) whether the agency achieved the goals established for the agency under subsection (g)(2) with respect to such fiscal year;
“(C) any justifications for a failure to achieve such goals; and
“(D) a remediation plan with proposed new practices to better meet such goals, including analysis of factors leading to any failure to achieve such goals.
“(2) Reports by administrator—Not later than 60 days after receiving a report from each Federal agency under paragraph (1) with respect to a fiscal year, the Administrator shall submit to the President and Congress, and to make available on a public Web site, an annual report that includes—
“(A) a copy of each report submitted to the Administrator under paragraph (1);
“(B) a determination of whether each goal established by the President under subsection (g)(1) for such fiscal year was achieved;
“(C) a determination of whether each goal established by the head of a Federal agency under subsection (g)(2) for such fiscal year was achieved;
“(D) the reasons for any failure to achieve a goal established under paragraph (1) or (2) of subsection (g) for such fiscal year and a description of actions planned by the applicable agency to address such failure, including the Administrator’s comments and recommendations on the proposed remediation plan; and
“(E) for the Federal Government and each Federal agency, an analysis of the number and dollar amount of prime contracts awarded during such fiscal year to—
“(i) small business concerns—
“(I) in the aggregate;
“(II) through sole source contracts;
“(III) through competitions restricted to small business concerns; and
“(IV) through unrestricted competition;
“(ii) small business concerns owned and controlled by service-disabled veterans—
“(I) in the aggregate;
“(II) through sole source contracts;
“(III) through competitions restricted to small business concerns;
“(IV) through competitions restricted to small business concerns owned and controlled by service-disabled veterans; and
“(V) through unrestricted competition;
“(iii) qualified HUBZone small business concerns—
“(I) in the aggregate;
“(II) through sole source contracts;
“(III) through competitions restricted to small business concerns;
“(IV) through competitions restricted to qualified HUBZone small business concerns;
“(V) through unrestricted competition where a price evaluation preference was used; and
“(VI) through unrestricted competition where a price evaluation preference was not used;
“(iv) small business concerns owned and controlled by socially and economically disadvantaged individuals—
“(I) in the aggregate;
“(II) through sole source contracts;
“(III) through competitions restricted to small business concerns;
“(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals;
“(V) through unrestricted competition; and
“(VI) by reason of that concern’s certification as a small business owned and controlled by socially and economically disadvantaged individuals;
“(v) small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)) other than an Alaska Native Corporation—
“(I) in the aggregate;
“(II) through sole source contracts;
“(III) through competitions restricted to small business concerns;
“(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
“(V) through unrestricted competition;
“(vi) small business concerns owned by a Native Hawaiian Organization—
“(I) in the aggregate;
“(II) through sole source contracts;
“(III) through competitions restricted to small business concerns;
“(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
“(V) through unrestricted competition;
“(vii) small business concerns owned by an Alaska Native Corporation—
“(I) in the aggregate;
“(II) through sole source contracts;
“(III) through competitions restricted to small business concerns;
“(IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
“(V) through unrestricted competition; and
“(viii) small business concerns owned and controlled by women—
“(I) in the aggregate;
“(II) through competitions restricted to small business concerns;
“(III) through competitions restricted using the authority under section 8(m)(2);
“(IV) through competitions restricted using the authority under section 8(m)(2) and in which the waiver authority under section 8(m)(3) was used; and
“(V) through unrestricted competition; and
“(F) for the Federal Government, the number, dollar amount, and distribution with respect to the North American Industry Classification System of subcontracts awarded during such fiscal year to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, provided that such information is publicly available through data systems developed pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282), or otherwise available as provided in paragraph (3).
“(3) Access to data
“(A) Federal procurement data system—To assist in the implementation of this section, the Administration shall have access to information collected through the Federal Procurement Data System, Federal Subcontracting Reporting System, or any new or successor system.
“(B) Agency procurement data sources—To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administration, procurement information collected through agency data collection sources in existence at the time of the request. Contracting agencies shall not be required to establish new data collection systems to provide such data.”
“48. Program to provide Federal contracts to early stage small businesses
“(a) Establishment—The Administrator shall establish and carry out a program in accordance with the requirements of this section to provide improved access to Federal contract opportunities for early stage small business concerns.
“(b) Procurement contracts
“(1) In general—In carrying out subsection (a), the Administrator, in consultation with other Federal agencies, shall identify procurement contracts of Federal agencies for award under the program.
“(2) Contract awards—Under the program established pursuant to this section, the award of a procurement contract of a Federal agency identified by the Administrator pursuant to paragraph (1) shall be made by the agency to an eligible program participant selected, and determined to be responsible, by the agency.
“(3) Competition
“(A) Sole source—A contracting officer may award a sole source contract under this program if such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more early stage small business concerns will submit offers for the contracting opportunity and in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
“(B) restricted competition—A contracting officer may award contracts on the basis of competition restricted to early stage small business concerns if the contracting officer has a reasonable expectation that not less than 2 early stage small business concerns will submit offers and that the award can be made at a fair market price.
“(4) Contract value—Contracts shall be awarded under this program if its value is greater than $3,000 and less than half the upper threshold of section 15(j)(1) of the Small Business Act.
“(c) Eligibility—Only an early stage small business concern shall be eligible to compete for a contract to be awarded under the program. The Administrator shall certify that a small business concern is an early stage small business concern, or the Administrator shall approve a Federal agency, a State government, or a national certifying entity to certify that the business meets the eligibility criteria of an early stage small business concern.
“(d) Technical assistance—The Administrator shall provide early stage small business concerns with technical assistance and counseling with regard to—
“(1) applying for and competing for Federal contracts; and
“(2) fulfilling the administrative responsibilities associated with the performance of a Federal contract.
“(e) Attainment of contract goals—All contract awards made under the program shall be counted toward the attainment of the goals specified in section 15(g) of the Small Business Act.
“(f) Regulations—The Administrator shall—
“(1) issue proposed regulations to carry out this section not later than 180 days after the date of enactment of this Act; and
“(2) issue final regulations to carry out this section not later than 270 days after the date of enactment of this Act.
“(g) Report to congress—Not later than April 30, 2015, the Administrator shall transmit to the Congress a report on the performance of the program.
“(h) Definitions—For purposes of this section, the following definitions shall apply:
“(1) Program—The term program means a program established pursuant to subsection (a).
“(2) Early stage small business concern—The term early stage small business concern means a small business concern that—
“(A) has not more than 15 employees; and
“(B) has average annual receipts that total not more than $1,000,000, except if the concern is in an industry with an average annual revenue standard that is less than $1,000,000, as defined by the North American Industry Classification System.”
“(16) Credit for certain subcontractor—For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)—
“(A) if the subcontracting goals pertain only to a single contract with the executive agency, the prime contractor shall receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the dollar value of work awarded to such small business concerns; and
“(B) if the subcontracting goals pertain to more than one contract with one or more executive agencies, or to one contract with more than one executive agency, the prime contractor may only count first tier subcontractors that are small business concerns.”
“(dd) Definitions pertaining to subcontracting—In this Act:
“(1) Subcontract—The term “subcontract” means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken.
“(2) First tier subcontractor—The term “first tier subcontractor” means a subcontractor who has a subcontract directly with the prime contractor.
“(3) At any tier—The term “at any tier” means any subcontractor other than a subcontractor who is a first tier subcontractor.”