H.R. 4435 — what changed

added Section 103A of the Sikes Act (16 U.S.C. 670c–1) is amended by adding at the end the following new subsection:

added “(d) Compliance with integrated natural resource management plan—In the case of a cooperative agreement or interagency agreement under subsection (a) for the maintenance and improvement of natural resources located off of a military installation or State-owned National Guard installation, funds referred to in subsection (b) may be used only pursuant to an approved integrated natural resources management plan.”

added Congress recommends that the Secretary of the Air Force take action on identified energy conservation measures in a comprehensive and timely manner using an array of available funding mechanisms.

added None of the funds authorized to be appropriated or otherwise made available by this Act may be used to implement the United States Global Change Research Program National Climate Assessment, the Intergovernmental Panel on Climate Change’s Fifth Assessment Report, the United Nation’s Agenda 21 sustainable development plan, or the May 2013 Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order No. 12866.

added Section 2208 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(s) The Secretary of Defense, or the Secretary of the military department concerned, as appropriate, may not carry out a non-disciplinary furlough (as defined in section 7511(a)(5) of title 5) of a civilian employee of the Department of Defense whose performance is charged to a working-capital fund unless the Secretary—

added “(1) determines that failure to furlough the employee will result in a violation of subsection (f); and

added “(2) submits to Congress, by not later than 45 days before initiating a furlough, notice of the furlough that includes a certification that, as a result of the proposed furlough, none of the work performed by any employee of the Government will be shifted to any Department of Defense civilian employee, contractor, or member of the Armed Forces.”

added “2616. Military air show or open house: agreements with local civic organization; authority to charge nominal admission fee

added “(a) Agreements authorized—The Secretary concerned may enter into a contract or agreement with a non-Federal civic organization to conduct or support an air show or open house to feature any unit, aircraft, vessel, equipment, or members of the armed forces under the jurisdiction of that Secretary.

added “(b) Nominal fees authorized—The Secretary concerned may charge, or authorize a civic organization with which the Secretary has entered into a contract or agreement under subsection (a) to charge, the public a nominal admission fee (to be determined by the Secretary) to attend a military air show or open house.

added “(c) Treatment of fees—Amounts collected as admission fees under subsection (b) for an air show or open house may be retained to cover costs associated with the air show or open house, including costs associated with parking for the air show or open house or the provision of temporary shuttle-bus service for air show or open house visitors. If costs are incurred and covered in advance of the collection of the fees, amounts collected shall be credited to the fund or account that was used to cover those costs. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. Any amounts so credited under this subsection shall be subject to the Appropriations process of the United States Congress.”

added Section 974(d)(1) of title 10, United States Code, is amended by striking “The Secretary concerned may” and inserting “The Secretary concerned shall”.

added Section 1253 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(c) Deferred Retirement of Chaplains

added “(1) The Secretary of the military department concerned may, subject to paragraphs (2) and (3), defer the retirement under subsection (a) of an officer who is appointed or designated as a chaplain if the Secretary determines that such deferral is in the best interest of the military department concerned.

added “(2) Except as provided in paragraph (3), a deferment under this subsection may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.

added “(3) The Secretary of the military department concerned may extend a deferment under this subsection beyond the day referred to in paragraph (2) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a case-by-case basis and shall be for such period as the Secretary considers appropriate.”

added By not later than December 31, 2015, the Secretary of Defense shall ensure that the number of flag officers and generals are reduced to comply with the Department of Defense efficiencies directive dated March 14, 2011.

added The Secretary of Defense shall establish an electronic means by which members of the Ready Reserve of the Armed Forces can track their operational active-duty service performed after January 28, 2008, under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, United States Code. The tour calculator shall specify early retirement credit authorized for each qualifying tour of active duty, as well as cumulative early reserve retirement credit authorized to date under section 12731(f) of such title.

added “(g) Any medical advisory opinion issued to a board established under subsection (a)(1) with respect to a member or former member of the armed forces who was diagnosed while serving in the armed forces as experiencing a mental health disorder shall include the opinion of a clinical psychologist or psychiatrist if the request for correction of records concerned relates to a mental health disorder.”

added “(e) In the case of a former member of the armed forces (other than a former member covered by subsection (d)) who was diagnosed while serving in the armed forces as experiencing a mental health disorder, a board established under this section to review the former member's discharge or dismissal shall include a member who is a clinical psychologist or psychiatrist, or a physician with special training on mental health disorders.”

added “520d. Preliminary mental health assessments

added “(a) Provision of mental health assessment—Before any individual enlists in an armed force or is commissioned as an officer in an armed force, the Secretary concerned shall provide the individual with a mental health assessment. The Secretary shall use such results as a baseline for any subsequent mental health examinations, including such examinations provided under sections 1074f and 1074m of this title.

added “(b) Use of assessment—The Secretary may not consider the results of a mental health assessment conducted under subsection (a) in determining the assignment or promotion of a member of the Armed Forces.

added “(c) Application of privacy laws—With respect to applicable laws and regulations relating to the privacy of information, the Secretary shall treat a mental health assessment conducted under subsection (a) in the same manner as the medical records of a member of the armed forces.”

added Section 701(j) of title 10, United States Code, is amended—

added “(1) Under regulations prescribed by the Secretary concerned, a member of the armed forces who gives birth to a child shall receive 42 days of convalescent leave to be used in connection with the birth of the child. At the discretion of the member, the member shall be allowed up to 42 additional days in a leave of absence status in connection with the birth of the child upon the expiration of the convalescent leave, except that—

added “(A) a member who uses this additional leave is not entitled to basic pay for any day on which such additional leave is used, but shall be considered to be on active duty for all other purposes; and

added “(B) the commanding officer of the member may recall the member to duty from such leave of absence status when necessary to maintain unit readiness.”

added Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1435; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection:

added “(f) Return of personal property upon completion of related proceedings—Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident.”

added Section 9362 of title 10, United States Code, is amended by striking subsections (e), (f), and (g) and inserting the following new subsections:

added “(e) Acceptance of support

added “(1) Support received from the corporation—Notwithstanding section 1342 of title 31, the Secretary of the Air Force may accept from the corporation funds, supplies, equipment, and services for the support of the athletic programs of the Academy.

added “(2) Funds received from other sources—The Secretary may charge fees for the support of the athletic programs of the Academy. The Secretary may accept and retain fees for services and other benefits provided incident to the operation of its athletic programs, including fees from the National Collegiate Athletic Association, fees from athletic conferences, game guarantees from other educational institutions, fees for ticketing or licensing, and other consideration provided incidental to the execution of the athletic programs of the Academy.

added “(3) Limitation—The Secretary shall ensure that contributions accepted under this subsection do not reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.

added “(f) Leases and licenses

added “(1) Support received from the corporation—In accordance with section 2667 of this title, the Secretary of the Air Force may enter into leases or licenses with the corporation for the purpose of supporting the athletic programs of the Academy. Consideration provided under such a lease or license may be provided in the form of funds, supplies, equipment, and services for the support of the athletic programs of the Academy.

added “(2) Support to the corporation—The Secretary may provide support services to the corporation without charge while the corporation conducts its support activities at the Academy. In this section, the term “support services” includes the providing of utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property. Any such support services may only be provided without any liability of the United States to the corporation.

added “(g) Contracts and cooperative agreements—The Secretary of the Air Force may enter into contracts and cooperative agreements with the corporation for the purpose of supporting the athletic programs of the Academy. Notwithstanding section 2304(k) of this title, the Secretary may enter such contracts or cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of this title. Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property, services, or travel for the direct benefit or use of the Academy athletic programs.

added “(h) Trademarks and service marks

added “(1) Licensing, marketing, and sponsorship agreements—Consistent with section 2260 (other than subsection (d)) of this title, an agreement under subsection (g) may authorize the corporation to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Academy, subject to the approval of the Secretary of the Air Force.

added “(2) Limitations—No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Air Force, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Department of the Air Force, or any individual involved in such a program.”

added Congress officially recognizes the dedicated service and ultimate sacrifice on behalf of the United States of the 11 African-American soldiers of the 333rd Field Artillery Battalion of the United States Army who were massacred in Wereth, Belgium, during the Battle of the Bulge on December 17, 1944.

added Not later than 30 days after the date of the enactment of this Act, the Secretary of the Army shall—

added “(c) Removal when no known next of kin

added “(1) The Secretary of the Army may authorize the removal of the remains of a member of the armed forces who has no known next of kin and is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.

added “(2) The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a member of the armed forces who has no known next of kin and is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.

added “(3) In this section, the term “Army National Military Cemetery” means a cemetery specified in section 4721(b) of this title.”

added “(a) Removal upon discontinuance of installation cemetery”

added “(b) Removal from temporary interment or abandoned grave or cemetery”

added If Department of Veterans Affairs casework is brokered out to another office of the Department from its original submission site, a caseworker in a congressional office may contact the brokered office to receive an update on the constituent’s case, and that office of the Department is required to update the congressional staffer regardless of their thoughts on jurisdiction.

added “(f) Special priority for certain disabled veterans

added “(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.

added “(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.

added “(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.

added “(4) In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38.”

added None of the funds authorized to be appropriated or otherwise made available by this Act may be used to close any commissary store.

added Section 2306 of title 38, United States Code, is amended by adding at the end the following new subsection:

added “(i)

added “(1) The Secretary shall make available for purchase a memorial headstone or marker for the marked or unmarked grave of an individual described in paragraph (2) or for the purpose of commemorating such an individual whose remains are unavailable.

added “(2) An individual described in this paragraph is an individual who—

added “(A) as a member of a National Guard or Reserve component performed inactive duty training or active duty for training for at least six years but did not serve on active duty; and

added “(B) is not otherwise ineligible for a memorial headstone or marker on account of the nature of the individual’s separation from the Armed Forces or other cause.

added “(3) A headstone or marker for the grave of an individual may be purchased under this subsection by—

added “(A) the individual;

added “(B) the surviving spouse, child, sibling, or parent of the individual; or

added “(C) an individual other than the next of kin, as determined by the Secretary of Veterans Affairs.

added “(4) In establishing the prices of the headstones and markers made available for purchase under this section, the Secretary shall ensure the prices are sufficient to cover the costs associated with the production and delivery of such headstones and markers.

added “(5) No person may receive any benefit under the laws administered by the Secretary of Veterans Affairs solely by reason of this subsection.

added “(6) This subsection does not authorize any new burial benefit for any person or create any new authority for any individual to be buried in a national cemetery.

added “(7) The Secretary shall coordinate with the Secretary of Defense in establishing procedures to determine whether an individual is an individual described in paragraph (2).”

added Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(18) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period.”

added “(g)

added “(1) Subject to paragraph (4), 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 or psychologist.

added “(2) In carrying out this subsection, the Secretary shall ensure that—

added “(A) except as provided by subparagraph (B), behavioral health treatment is provided pursuant to this subsection—

added “(i) in the case of such treatment provided in a State that requires licensing or certification of applied behavioral analysts by State law, by an individual who is licensed or certified to practice applied behavioral analysis in accordance with the laws of the State; or

added “(ii) in the case of such treatment provided in a State other than a State described in clause (i), by an individual who is licensed or certified by a State or an accredited national certification board; and

added “(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 in applicable State law, by an appropriate accredited national certification board, or by the Secretary.

added “(3)

added “(A) This subsection shall not apply to a medicare eligible beneficiary (as defined in section 1111(b) of this title).

added “(B) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a covered beneficiary under—

added “(i) this chapter;

added “(ii) title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or

added “(iii) any other law.

added “(4) In addition to the requirement under section 1100(c)(1) of this title, with respect to retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members, treatment shall be provided under this subsection in a fiscal year only to the extent that amounts are specifically provided in advance in appropriations Acts for the Defense Health Program Account for the provision of such treatment for such fiscal year.”

added “(c) Behavioral health treatment of developmental disabilities

added “(1) Funds for treatment under section 1077(g) of this title may be derived only from the Defense Health Program Account. Notwithstanding any other provision of law, such funds may not be reimbursed from any account that would otherwise provide funds for the treatment of retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members.

added “(2) As provided for in paragraph (4) of section 1077(g), with respect to retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members, treatment under such section shall be provided in a fiscal year only to the extent that amounts are specifically provided in advance in appropriations Acts for the Defense Health Program Account for the provision of such treatment for such fiscal year.”

added “1097d. TRICARE program: notice of change to benefits

added “(a) Provision of notice

added “(1) If the Secretary makes a significant change to any benefits provided by the TRICARE program to covered beneficiaries, the Secretary shall provide individuals described in paragraph (2) with written notice explaining such changes.

added “(2) The individuals described by this paragraph are covered beneficiaries and providers participating in the TRICARE program who may be affected by a significant change covered by a notification under paragraph (1).

added “(3) The Secretary shall provide notice under paragraph (1) through electronic means.

added “(b) Timing of notice—The Secretary shall provide notice under paragraph (1) of subsection (a) by the earlier of the following dates:

added “(1) The date that the Secretary determines would afford individuals described in paragraph (2) of such subsection adequate time to understand the change covered by the notification.

added “(2) The date that is 90 days before the date on which the change covered by the notification becomes effective.

added “(3) The effective date of a significant change that is required by law.

added “(c) Significant change defined—In this section, the term “significant change” means a system-wide change—

added “(1) in policy regarding services provided under the TRICARE program (not including the addition of new services or benefits); or

added “(2) in payment rates of more than 20 percent.”

added In carrying out research, development, test, and evaluation activities with respect to breast cancer, the Secretary of Defense shall implement the recommendations of the Interagency Breast Cancer and Environmental Research Coordinating Committee to prioritize prevention and increase the study of chemical and physical factors in breast cancer.

added It is the sense of Congress that—

added The peer-reviewed Psychological Health and Traumatic Brain Injury Research Program shall conduct a study on blast injury mechanics covering a wide range of primary blast injury conditions, including traumatic brain injury, in order to accelerate solution development in this critical area.

added “(f) Report

added “(1) In general—The Director of the Office of Management and Budget shall require the head of each agency to appoint an individual who shall provide to the Director an annual compilation of each instance the agency awarded a contract pursuant to this section in which—

added “(A) more than 5 offerors were selected to submit competitive proposals pursuant to subsection (c)(4); or

added “(B) the contract was awarded without using the two-phase selection procedures described in subsection (c).

added “(2) Publication—The Director shall prepare an annual report containing the information provided by each executive agency under subparagraph (A). The report shall be accessible to the public through electronic means, and the Director shall publish a notice of availability in the Federal Register.

added “(3) Fiscal years covered; deadline—The Director shall submit to Congress the report prepared under subparagraph (B) for the fiscal year during which this subsection is enacted, and each of the next 4 fiscal years, not later than 60 days after the end of each such fiscal year.”

added “(g) Report

added “(1) The Director of the Office of Management and Budget shall require the head of each agency to appoint an individual who shall provide to the Director an annual compilation of each instance the agency awarded a contract pursuant to this section in which—

added “(A) more than 5 offerors were selected to submit competitive proposals pursuant to subsection (c)(4); or

added “(B) the contract was awarded without using the two-phase selection procedures described in subsection (c).

added “(2) The Director shall prepare an annual report containing the information provided by each executive agency under subparagraph (A). The report shall be accessible to the public through electronic means, and the Director shall publish a notice of availability in the Federal Register.

added “(3) The Director shall submit to Congress the report prepared under subparagraph (B) for the fiscal year during which this subsection is enacted, and each of the next 4 fiscal years, not later than 60 days after the end of each such fiscal year”

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

added Section 44(c)(2)(A) of the Small Business Act (15 U.S.C. 657q(c)(2)(A)) is amended by adding at the end the following: “This justification shall be published prior to the issuance of a solicitation.”.

added “(vi) The Governmentwide goal for participation by small business concerns in subcontract awards shall be established at not less than 40 percent of the total value of all subcontract dollars awarded pursuant to section 8(d) of this Act for each fiscal year.”

added The Secretary of Defense, in consultation with the Administrator of the Small Business Administration, may make every reasonable effort to promote an outreach and education program to assist small businesses (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) contracted by the Department of Defense to assist such businesses to—

added “(7) Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by women—A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women meeting the requirements of paragraph (2)(A) if—

added “(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity;

added “(B) the anticipated award price of the contract (including options) will not exceed—

added “(i) $6,500,000, in the case of a contract opportunity assigned a standard industrial code for manufacturing; or

added “(ii) $4,000,000, in the case of any other contract opportunity; and

added “(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.

added “(8) Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industries—A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women that meets the requirements of paragraph (2)(E) and is in an industry in which small business concerns owned and controlled by women are substantially underrepresented (as determined by the Administrator) if—

added “(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity;

added “(B) the anticipated award price of the contract (including options) will not exceed—

added “(i) $6,500,000, in the case of a contract opportunity assigned a standard industrial code for manufacturing; or

added “(ii) $4,000,000, in the case of any other contract opportunity; and

added “(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.”

added “(V) through sole source contracts awarded using the authority under subsection 8(m)(7);

added “(VI) through sole source contracts awarded using the authority under section 8(m)(8);

added “(VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and”

added “(b) Waiver for national security—The Secretary may waive a debarment required by subsection (a) if the Secretary determines that the exercise of such a waiver would be in the national security interests of the United States.

added “(c) Notification—The Secretary shall notify the congressional defense committees annually, not later than March 1 of each year, of any exercise of the waiver authority under subsection (b).”

added Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is amended to read as follows:

added “(jj) Innovative approaches to technology transfer

added “(1) Grant program

added “(A) In general—Each Federal agency required by subsection (n) to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), nonprofit research institutions and Federal laboratories in order to improve or accelerate the commercialization of federally funded research and technology by small business concerns, including new businesses.

added “(B) Awarding of grants and awards

added “(i) In general—Each Federal agency required by subparagraph (A) to participate in this program, shall award, through a competitive, merit-based process, grants, in the amounts listed in subparagraph (C) to institutions of higher education, technology transfer organizations that facilitate the commercialization of technologies developed by one or more such institutions of higher education, Federal laboratories, other public and private nonprofit entities, and consortia thereof, for initiatives that help identify high-quality, commercially viable federally funded research and technologies and to facilitate and accelerate their transfer into the marketplace.

added “(ii) Use of Funds—Activities supported by grants under this subsection may include—

added “(I) providing early-stage proof of concept funding for translational research;

added “(II) identifying research and technologies at institutions that have the potential for accelerated commercialization;

added “(III) technology maturation funding to support activities such as prototype construction, experiment analysis, product comparison, and collecting performance data;

added “(IV) technical validations, market research, clarifying intellectual property rights position and strategy, and investigating commercial and business opportunities;

added “(V) programs to provide advice, mentoring, entrepreneurial education, project management, and technology and business development expertise to innovators and recipients of technology transfer licenses to maximize commercialization potential; and

added “(VI) conducting outreach to small business concerns as potential licensees of federally funded research and technology, and providing technology transfer services to such small business concerns.

added “(iii) Selection process and applications—Qualifying institutions seeking a grant under this subsection shall submit an application to a Federal agency required by subparagraph (A) to participate in this program at such time, in such manner, and containing such information as the agency may require. The application shall include, at a minimum—

added “(I) a description of innovative approaches to technology transfer, technology development, and commercial readiness that have the potential to increase or accelerate technology transfer outcomes and can be adopted by other qualifying institutions, or a demonstration of proven technology transfer and commercialization strategies, or a plan to implement proven technology transfer and commercialization strategies, that can achieve greater commercialization of federally funded research and technologies with program funding;

added “(II) a description of how the qualifying institution will contribute to local and regional economic development efforts; and

added “(III) a plan for sustainability beyond the duration of the funding award.

added “(iv) Program oversight boards

added “(I) In general—Successful proposals shall include a plan to assemble a Program Oversight Board, the members of which shall have technical, scientific, or business expertise three-fifths of whom shall be drawn from industry, start-up companies, venture capital or other equity investment mechanism, technical enterprises, financial institutions, and business development organizations with a track record of success in commercializing innovations. Proposals may use oversight boards in existence on the date of the enactment of the Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 that meet the requirements of this subclause.

added “(II) Program Oversight Boards responsibilities—Program Oversight Boards shall—

added “(aa) establish award programs for individual projects;

added “(bb) provide rigorous evaluation of project applications;

added “(cc) determine which projects should receive awards, in accordance with guidelines established under subparagraph (C)(ii);

added “(dd) establish milestones and associated award amounts for projects that reach milestones;

added “(ee) determine whether awarded projects are reaching milestones; and

added “(ff) develop a process to reallocate outstanding award amounts from projects that are not reaching milestones to other projects with more potential.

added “(III) Conflict of interest—Program Oversight Boards shall be composed of members who do not have a conflict of interest. Boards shall adopt conflict of interest policies to ensure relevant relationships are disclosed and proper recusal procedures are in place.

added “(C) Grant and award amounts

added “(i) Grant amounts—Each Federal agency required by subparagraph (A) to carry out a grant program may make grants up to $3,000,000 to a qualifying institution.

added “(ii) Award amounts—Each qualifying institution that receives a grant under subparagraph (B) shall provide awards for individual projects of not more than $100,000, to be provided in phased amounts, based on reaching the milestones established by the qualifying institution’s Program Oversight Board.

added “(D) Authorized expenditures for Innovative Approaches to Technology Transfer Grant Program

added “(i) Percentage—The percentage of the extramural budget for research, or research and development, each Federal agency required by subsection (n) to establish an STTR program shall expend on the Innovative Approaches to Technology Transfer Grant Program shall be—

added “(I) 0.05 percent for each of fiscal years 2014 and 2015; and

added “(II) 0.1 percent for each of fiscal years 2016 and 2017.

added “(ii) Treatment of expenditures—Any portion of the extramural budget expended by a Federal agency on the Innovative Approaches to Technology Transfer Grant Program shall apply towards the agency’s expenditure requirements under subsection (n).

added “(2) Program evaluation and data collection and dissemination

added “(A) Evaluation plan and data collection—Each Federal agency required by paragraph (1)(A) to establish an Innovative Approaches to Technology Transfer Grant Program shall develop a program evaluation plan and collect annually such information from grantees as is necessary to assess the Program. Program evaluation plans shall require the collection of data aimed at identifying outcomes resulting from the transfer of technology with assistance from the Innovative Approaches to Technology Transfer Grant Program. Such data may include—

added “(i) specific follow-on funding identified or obtained, including follow-on funding sources, such as Federal sources or private sources, within 3 years of the completion of the award;

added “(ii) number of projects which, within 5 years of receiving an award under paragraph (1), result in a license to a start-up company or an established company with sufficient resources for effective commercialization;

added “(iii) the number of invention disclosures received, United States patent applications filed, and United States patents issued within 5 years of the award;

added “(iv) number of projects receiving a grant under paragraph (1) that secure Phase I or Phase II SBIR or STTR awards;

added “(v) available information on revenue, sales or other measures of products that have been commercialized as a result of projects awarded under paragraph (1), within 5 years of the award;

added “(vi) number and location of jobs created resulting from projects awarded under paragraph (1); and

added “(vii) other data as deemed appropriate by a Federal agency required by this subparagraph to develop a program evaluation plan.

added “(B) Evaluative report to congress—The head of each Federal agency that participates in the Innovative Approaches to Technology Transfer Grant Program shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate an evaluative report regarding the activities of the program. The report shall include—

added “(i) a detailed description of the implementation of the program;

added “(ii) a detailed description of the grantee selection process;

added “(iii) an accounting of the funds used in the program; and

added “(iv) a summary of the data collected under subparagraph (A).

added “(C) Data dissemination—For the purposes of program transparency and dissemination of best practices, the Administrator shall include on the public database under subsection (k)(1) information on the Innovative Approaches to Technology Transfer Grant Program, including—

added “(i) the program evaluation plan required under subparagraph (A);

added “(ii) a list of recipients by State of awards under paragraph (1); and

added “(iii) information on the use of grants under paragraph (1) by recipient institutions.”

added Section 2533a(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(3) A flag of the United States of America (within the meaning of chapter 1 of title 4).”

added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report discussing how the Department of Defense will manage its mission with respect to issues related to nuclear forces, deterrence, nonproliferation, and terrorism.

added “(c)

added “(1) Within 60 days after issuing a final report, the Inspector General of the Department of Defense shall publicly release any reports of administrative investigations that confirm misconduct, including violations of Federal law and violations of policies of the Department of Defense, of any member of the Senior Executive Service, political appointee, or commissioned officer in the Armed Forces in pay grades O–6 or above. In releasing the reports, the Inspector General shall ensure that information that would be protected under section 552 of title 5 (commonly known as the “Freedom of Information Act”), section 552a of title 5 (commonly known as the “Privacy Act of 1974”), or section 6103 of the Internal Revenue Code of 1986 is not disclosed.

added “(2) In this subsection, the term “political appointee” means any individual who is—

added “(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);

added “(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or

added “(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.”

added “(f)

added “(1) Within 60 days after issuing a final report, the Inspector General of the Army shall publicly release any reports of administrative investigations that confirm misconduct, including violations of Federal law and violations of policies of the Department of Defense, of any member of the Senior Executive Service, political appointee, or commissioned officer in the Armed Forces in pay grades O–6 or above. In releasing the reports, the Inspector General shall ensure that information that would be protected under section 552 of title 5 (commonly known as the “Freedom of Information Act”), section 552a of title 5 (commonly known as the “Privacy Act of 1974”), or section 6103 of the Internal Revenue Code of 1986 is not disclosed.

added “(2) In this subsection, the term “political appointee” means any individual who is—

added “(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);

added “(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or

added “(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.”

added “(e)

added “(1) Within 60 days after issuing a final report, the Naval Inspector General shall publicly release any reports of administrative investigations that confirm misconduct, including violations of Federal law and violations of policies of the Department of Defense, of any member of the Senior Executive Service, political appointee, or commissioned officer in the Armed Forces in pay grades O–6 or above. In releasing the reports, the Naval Inspector General shall ensure that information that would be protected under section 552 of title 5 (commonly known as the “Freedom of Information Act”), section 552a of title 5 (commonly known as the “Privacy Act of 1974”), or section 6103 of the Internal Revenue Code of 1986 is not disclosed.

added “(2) In this subsection, the term “political appointee” means any individual who is—

added “(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);

added “(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or

added “(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.”

added “(f)

added “(1) Within 60 days after issuing a final report, the Inspector General of the Air Force shall publicly release any reports of administrative investigations that confirm misconduct, including violations of Federal law and violations of policies of the Department of Defense, of any member of the Senior Executive Service, political appointee, or commissioned officer in the Armed Forces in pay grades O–6 or above. In releasing the reports, the Inspector General shall ensure that information that would be protected under section 552 of title 5 (commonly known as the “Freedom of Information Act”), section 552a of title 5 (commonly known as the “Privacy Act of 1974”), or section 6103 of the Internal Revenue Code of 1986 is not disclosed.

added “(2) In this subsection, the term “political appointee” means any individual who is—

added “(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);

added “(B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or

added “(C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.”

added “(A) The Secretary of Defense shall designate a single organization within the Department of Defense to have responsibility for Department of Defense matters relating to missing persons, including accounting for missing persons and persons whose remains have not been recovered from the conflict in which they were lost.

added “(B) The organization designated under this paragraph shall be a Defense Agency or other entity of the Department of Defense outside the military departments and is referred to in this chapter as the “designated Defense Agency”.

added “(C) The head of the organization designated under this paragraph is referred to in this chapter as the “designated Agency Director”.”

added “(E) The establishment of a means for communication between officials of the designated Defense Agency and family members of missing persons, veterans service organizations, concerned citizens, and the public on the Department’s efforts to account for missing persons, including a readily available means for communication of their views and recommendations to the designated Agency Director.”

added “1501a. Public-private partnerships; other forms of support

added “(a) Public-private partnerships—The Secretary of Defense may enter into arrangements known as public-private partnerships with appropriate entities outside the Government for the purposes of facilitating the activities of the designated Defense Agency. The Secretary may only partner with foreign governments or foreign entities with the concurrence of the Secretary of State. Any such arrangement shall be entered into in accordance with authorities provided under this section or any other authority otherwise available to the Secretary. Regulations prescribed under subsection (e)(1) shall include provisions for the establishment and implementation of such partnerships.

added “(b) Acceptance of voluntary personal services—The Secretary of Defense may accept voluntary services to facilitate accounting for missing persons in the same manner as the Secretary of a military department may accept such services under section 1588(a)(9) of this title.

added “(c) Solicitation of gifts—Under regulations prescribed under this chapter, the Secretary may solicit from any person or public or private entity, for the use and benefit of the activities of the designated Defense Agency, a gift of information and data, books, manuscripts, other documents, and artifacts.

added “(d) Use of Department of Defense personal property—The Secretary may allow a private entity to use, at no cost, personal property of the Department of Defense to assist the entity in supporting the activities of the designated Defense Agency.

added “(e) Regulations

added “(1) In general—The Secretary of Defense shall prescribe regulations to implement this section.

added “(2) Limitation—Such regulations shall provide that solicitation of a gift, acceptance of a gift (including a gift of services), or use of a gift under this section may not occur if the nature or circumstances of the solicitation, acceptance, or use would compromise the integrity, or the appearance of integrity, of any program of the Department of Defense or any individual involved in such program.”

added “(2)

added “(A) The Secretary shall assign or detail to the designated Defense Agency on a full-time basis a senior medical examiner from the personnel of the Armed Forces Medical Examiner System. The primary duties of the medical examiner so assigned or detailed shall include the identification of remains in support of the function of the designated Agency Director to account for unaccounted for persons covered by subsection (a).

added “(B) In carrying out functions under this chapter, the medical examiner so assigned or detailed shall report to the designated Agency Director.

added “(C) The medical examiner so assigned or detailed shall—

added “(i) exercise scientific identification authority;

added “(ii) establish identification and laboratory policy consistent with the Armed Forces Medical Examiner System; and

added “(iii) advise the designated Agency Director on forensic science disciplines.

added “(D) Nothing in this chapter shall be interpreted as affecting the authority of the Armed Forces Medical Examiner under section 1471 of this title.”

added “(4) The Secretary of Defense shall establish and maintain a single centralized database and case management system containing information on all missing persons for whom a file has been established under this subsection. The database and case management system shall be accessible to all elements of the Department of Defense involved in the search, recovery, identification, and communications phases of the program established by this section.”

added “(3) In carrying out the program, the designated Agency Director shall coordinate all external communications and events associated with the program.”

added Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report ranking all military departments and Defense Agencies in order of how advanced they are in achieving auditable financial statements as required by law. The report should not include information otherwise available in other reports to Congress.

added Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the barriers to implementing audit reporting requirements contained in section 1003 of Public Law 111–84 and recommendations to ensure reporting deadlines are met.

added None of the funds authorized to be appropriated by this Act may be used to issue a regulation for permitting activities set forth in section 1403 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2907; 10 U.S.C. 113 note).

added None of the funds authorized to be appropriated or otherwise available to the Department of Defense may be used to provide additional or upgraded recreational facilities for individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

added The Director of the United States Army Tank Automotive Research, Development, and Engineering Center shall submit to the congressional defense committees a report addressing thermal injury prevention needs to improve occupant centric survivability systems for combat and tactical vehicles against over matching ballistic threat.

added Section 7734 of title 38, United States Code, is amended—

added “(3) in the case of any regional office that, for the year covered by the report, did not meet the administrative goal of no claim pending for more than 125 days and an accuracy rating of 98 percent—

added “(A) a signed statement prepared by the individual serving as director of the regional office as of the date of the submittal of the report containing—

added “(i) an explanation for why the regional office did not meet the goal;

added “(ii) a description of the additional resources needed to enable the regional office to reach the goal; and

added “(iii) a description of any additional actions planned for the subsequent year that are proposed to enable the regional office to meet the goal; and

added “(B) a statement prepared by the Under Secretary for Benefits explaining how the failure of the regional office to meet the goal affected the performance evaluation of the director of the regional office; and”

added The Secretary of Defense, in consultation with the Commissioner of the Internal Revenue Service and the Director of the Bureau of Economic Analysis, shall post on the public Web site of the Department of Defense the costs, including the relevant legacy costs, to each American taxpayer of each of the wars in Afghanistan and Iraq.

added “145. Veterans Day

added “The President shall issue each year a proclamation calling on the people of the United States to observe two minutes of silence on Veterans Day in honor of the service and sacrifice of veterans throughout the history of the Nation, beginning at—

added “(1) 3:11 p.m. Atlantic standard time;

added “(2) 2:11 p.m. eastern standard time;

added “(3) 1:11 p.m. central standard time;

added “(4) 12:11 p.m. mountain standard time;

added “(5) 11:11 a.m. Pacific standard time;

added “(6) 10:11 a.m. Alaska standard time; and

added “(7) 9:11 a.m. Hawaii-Aleutian standard time.”

added “403. Transportation of supplies from nonprofit organizations

added “(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.

added “(b) Limitations

added “(1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that—

added “(A) the transportation of the supplies is consistent with the policies of the United States;

added “(B) the supplies are suitable for distribution to members of the armed forces and are in usable condition;

added “(C) there is a legitimate need for the supplies by the members of the armed forces for whom they are intended; and

added “(D) adequate arrangements have been made for the distribution and use of the supplies.

added “(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.

added “(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.

added “(c) Distribution—Supplies transported under this section may be distributed by the United States Government or a nonprofit organization.

added “(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.”

added It is the sense of Congress that the President should establish an Advisory Board on Toxic Substances and Worker Health, as described in the report of the Comptroller General of the United States titled “Energy Employees Compensation: Additional Independent Oversight and Transparency Would Improve Program’s Credibility”, numbered GAO–10–302, to—

added This subtitle may be cited as the “World War I Memorial Act of 2014”.

added “(c) Exception for completion of National World War I Memorial—The Centennial Commission may perform such work as is necessary to complete the rededication of the National World War I Memorial and enhancement of the General Pershing Commemorative Work under section 1093 of the World War I Memorial Act of 2014, subject to section 8903 of title 40, United States Code.”

added “(e) Ex officio and other advisory members

added “(1) Powers—The individuals listed in paragraphs (2) and (3), or their designated representative, shall serve on the Centennial Commission solely to provide advice and information to the members of the Centennial Commission appointed pursuant to subsection (b)(1), and shall not be considered members for purposes of any other provision of this Act.

added “(2) Ex officio members—The following individuals shall serve as ex officio members:

added “(A) The Archivist of the United States.

added “(B) The Librarian of Congress.

added “(C) The Secretary of the Smithsonian Institution.

added “(D) The Secretary of Education.

added “(E) The Secretary of State.

added “(F) The Secretary of Veterans Affairs.

added “(G) The Administrator of General Services.

added “(3) Other advisory members—The following individuals shall serve as other advisory members:

added “(A) Four members appointed by the Secretary of Defense in the following manner: One from the Navy, one from the Marine Corps, one from the Army, and one from the Air Force.

added “(B) Two members appointed by the Secretary of Homeland Security in the following manner: One from the Coast Guard and one from the United States Secret Service.

added “(C) Two members appointed by the Secretary of the Interior, including one from the National Parks Service.

added “(4) Vacancies—A vacancy in a member position under paragraph (3) shall be filled in the same manner in which the original appointment was made.”

added “9. Limitation on obligation of Federal funds

added “No Federal funds may be obligated or expended for the designation, establishment, or enhancement of a memorial or commemorative work by the World War I Centennial Commission.”

added The Commission shall terminate 90 days after the date on which the Commission submits its final report under section 1096(b).

added Amounts authorized to be appropriated for fiscal year 2015 and available for operation and maintenance for the Army may be available for the activities of the Commission under this subtitle.

added Section 5542(a)(6)(B) of title 5, United States Code, is amended by striking “2014” and inserting “2015”.

added None of the funds authorized to be appropriated by this Act may be obligated or expended by the United States Government to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan.

added The President shall carry out the sale of no fewer than 66 F–16C/D multirole fighter aircraft to Taiwan.

added Nothing in this Act shall be construed as authorizing the use of force against Syria or Iran.

added The Secretary of Defense is authorized to deploy assets, personnel, and resources to the Joint Interagency Task Force South, in coordination with SOUTHCOM, to combat the following by supplying sufficient intelligence capabilities:

added It shall be the policy of the United States to undertake a whole-of-government approach to bolster regional cooperation with countries throughout the Western Hemisphere, with the exception of Cuba, to counter narcotics trafficking and illicit activities in the Western Hemisphere.

added Congress declares that it is the policy of the United States to fully support Israel’s lawful exercise of self-defense, including actions to halt regional aggression.

added It is the sense of Congress that—