H.R. 4435 — what changed

removed This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2015”.

changed Funds are hereby authorized to be appropriated for fiscal year 2015 for procurement for the Army Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as follows:specified in the funding table in section 4101.

changed Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Department of Defense for research, development, test, and evaluation as follows:specified in the funding table in section 4201.

changed Subparagraph (B) The milestone decision authority (as defined in section 2366b(g) of title 10, United States Code) may not make a waiver under section 2192a(c)(1) 2366b(d) of title 10, United States Code, is amended by striking “in with respect to the Department presidential aircraft recapitalization program of Defense” and all that follows through the period at the end and insertingAir Force.

removed “(i) with the Department of Defense; or

removed “(ii) with a public or private sector entity or organization outside the Department of Defense if the Secretary of Defense determines that employment of the person with such entity or organization for the purpose of such obligated service would provide a benefit to the Department of Defense.”

removed Section 243(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 note) is amended by striking “at least one half of the cost of such activities” and inserting “an appropriate share of the cost of such activities, as determined by the Secretary”.

changed Funds are hereby authorized to be appropriated for fiscal year 2015 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:specified in the funding table in section 4301.

added Section 2703(f) of title 10, United States Code, is amended—

removed “(4) For military transportation services provided in support of foreign military sales.

removed “(5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies).

removed “(6) For military transportation services provided to a Department of Defense contractor when transporting supplies that are for, or destined for, a Department of Defense entity.”

removed “(b) Termination of authority for certain categories of transportation—The provisions of paragraphs (3), (4), (5), and (6) of subsection (a) shall apply only to military transportation services provided before October 1, 2019.”

removed “2642. Transportation services provided to certain non-Department of Defense agencies and entities: Use of Department of Defense reimbursement rate”

added Paragraph (2) of subsection (a) of section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) is amended to read as follows:

added “(2) Compliance

added “(A) Certification of compliance—Except as provided under subparagraph (B), the commander of each combatant command that is engaged in a contingency operation shall submit to the Committees on Armed Services of the Senate and House of Representatives biannual certifications that covered waste under the jurisdiction of the commander has not been disposed of in violation of the regulations prescribed pursuant to paragraph (1) during the period covered by the certification.

added “(B) Notice of noncompliance—If a commander determines that certification cannot be made under subparagraph (A) because, with respect to covered waste under the jurisdiction of the commander, no alternative disposal method was feasible for an open-air burn pit pursuant to regulations prescribed under paragraph (1), the commander shall notify the Secretary of Defense of such determination and the Secretary shall—

added “(i) not later than 30 days after such determination is made, submit to the Committees on Armed Services of the Senate and House of Representatives notice of such determination, including the circumstances, reasoning, and methodology that led to such determination; and

added “(ii) after notice is given under clause (i), for each subsequent 180-day-period during which covered waste is disposed of in the open-air burn pit covered by such notice, submit to the Committees on Armed Services of the Senate and House of Representatives the justifications of the Secretary for continuing to operate such open-air burn pit.”

added Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended by adding at the end the following: “This section shall not apply to the Department of Defense.”.

added Not later than 60 days before making a bulk purchase of alternative fuels intended for operational use, the Secretary of Defense shall submit to the congressional defense committees notice of the intent to make such a purchase. Such notice shall include the total quantity of fuel, the cost, and the type of funding intended to be used to make the purchase.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2015, as follows:

added Section 581(d) of title 10, United States Code, is amended—

added “(A) the name of each”

added “(B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary.”

changed Section 581(d) 638a(d) of title 10, United States Code, is amended—

removed “(A) the name of each”

removed “(B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary.”

added “(B) A reserve officer covered by this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), and who—

added “(i) is a health professions officer; or

added “(ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree.

added “(C) The consideration of a reserve officer for continuation on the reserve active-status list pursuant to this paragraph is subject to the needs of the service and to section 14509 of this title.”

added “(b) Continuation of health professions officers

added “(1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 of this title shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law.

added “(2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service.

added “(3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law.”

removed “(B) A reserve officer described in this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), who—

removed “(i) is a health professions officer; or

removed “(ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree.”

removed “(b) Continuation of health professions officers

removed “(1) Notwithstanding subsection (a)(6), a health professions officer obligated to a period of service incurred under section 16201 of this title who is required to be removed from the reserve active-status list under section 14504, 14505, 14506, or 14507 of this title and who has not completed a service obligation incurred under section 16201 shall be retained on the reserve active-status list until the completion of such service obligation and then discharged, unless sooner retired or discharged under another provision of law.

removed “(2) The Secretary concerned may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the service obligation of that officer is not in the best interest of the service.

removed “(3) A health professions officer who is continued on the reserve active-status list under this subsection who is subsequently promoted or whose name is on a list of officers recommended for promotion to the next higher grade is not required to be discharged or retired upon completion of the officer’s service obligation. Such officer may continue on the reserve active-status list as other officers of the same grade unless separated under another provision of law.”

added “1560. Judicial review of decisions relating to correction of military records

added “(a) Availability of judicial review

added “(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.

added “(2) Records correction final decision defined—In this section, the term “records correction final decision” means any of the following decisions:

added “(A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title.

added “(B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title.

added “(C) A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title.

added “(D) A final decision issued by the Secretary concerned pursuant to section 1554a of this title.

added “(b) Exhaustion of administrative remedies

added “(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—

added “(A) the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and

added “(B) the Secretary concerned has rendered a final decision denying that correction in whole or in part.

added “(2) Whistleblower cases—When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(h) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner seeks such review, judicial review may not be sought until the earlier of the following occurs:

added “(A) The Secretary of Defense makes a decision in the matter.

added “(B) The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires.

added “(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 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.

added “(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.

added “(c) Statutes of limitation

added “(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.

added “(2) Six years for certain claims that may result in payment of money

added “(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 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.

added “(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 either under a court order or under a subsequent administrative determination, other than payments made under—

added “(i) chapter 61 of this title to a claimant who prior to such records correction final decision, was not the subject of a decision by a physical evaluation board or by any other board authorized to grant disability payments to the claimant; or

added “(ii) chapter 73 of this title.

added “(d) Habeas corpus—This section does not affect any cause of action arising under chapter 153 of title 28.”

added “(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—

added “(A) a concise written statement of the basis for the decision; and

added “(B) a written 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.”

added “(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—

added “(A) a concise written statement of the basis for the decision; and

added “(B) a written 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.”

added “(i) Judicial review

added “(1) A decision of the Secretary of Defense under subsection (h) shall be subject to judicial review only as provided in section 1560 of this title.

added “(2) In a case in which review by the Secretary of Defense under subsection (h) was not sought, a decision of the Secretary of a military department under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.

added “(3) A decision by the Secretary of Homeland Security under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.”

added “(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—

added “(1) a concise written statement of the basis for the decision; and

added “(2) a written 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.

added “(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.”

added “(f) Record of decision and notification—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 shall provide to the member or former member—

added “(1) a concise written statement of the basis for the decision; and

added “(2) a written 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.

added “(g) Judicial review—A decision by the Secretary concerned under this section shall be subject to judicial review only as provided in section 1560 of this title.”

removed “9416. Inter-European Air Forces Academy

removed “(a) Operation—The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-European Air Forces Academy for the purpose of providing military education and training to military personnel of countries that are members of the North Atlantic Treaty Organization or signatories to the Partnership for Peace Framework Documents, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).

removed “(b) Eligible countries

removed “(1) No foreign force may be trained under the authority of this section without the concurrence of the Secretary of State.

removed “(2) The Secretary of the Air Force may not use the authority in subsection (a) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

removed “(c) Costs—The costs of operating and maintaining the Inter-European Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force.

removed “(d) Supplies and clothing—The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this chapter—

removed “(1) transportation incident to the training;

removed “(2) supplies and equipment to be used during the training; and

removed “(3) billeting, food, and health services.

removed “(e) Living allowance—The Secretary of the Air Force may pay to a person receiving training under this chapter a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances.

removed “(f) Maintenance—The Secretary of the Air Force may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this chapter.”

added “(c) Additional elements of program—The mandatory program carried out by this section also shall include the following:

added “(1) For any such member who plans to use the member’s entitlement to educational assistance under title 38—

added “(A) instruction providing an overview of the use of such entitlement; and

added “(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.

added “(2) Instruction in the benefits under laws administered by the Secretary of Veterans Affairs and in other subjects determined to be appropriate by the Secretary concerned.”

removed “2163a. Degree granting authority for Joint Special Operations University

removed “(a) Authority—Under regulations prescribed by the Secretary of Defense, the President of the Joint Special Operations University may, upon the recommendation of the faculty of the Joint Special Operations University, confer appropriate degrees upon graduates who meet the degree requirements.

removed “(b) Limitation—A degree may not be conferred under this section unless—

removed “(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

removed “(2) the Joint Special Operations University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.”

removed Subsection (d)(4) of section 1059 of title 10, United States Code, is amended by striking “as of the date on which the individual described in subsection (b) is separated from active duty” and inserting “as of the date on which the separation action is initiated by a commander of the individual described in subsection (b)”.

removed Section 2(2)(A) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901(2)(A)) is amended by inserting “or a local national who teaches a host nation language course” after “who is a citizen of the United States”.

added The Secretary of the military department concerned and, in the case of the Coast Guard Academy, the Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 950), including amendments made by that title, apply to the United States Military Academy, the Naval Academy, the Air Force Academy, and the Coast Guard Academy.

added The following sections of title 37, United States Code, are amended by striking “December 31, 2014” and inserting “December 31, 2015”:

added The Secretary of Defense may authorize the commander of a military base to enter into a contract with an appropriate entity for the provision of relocation services to members of the Armed Forces.

removed “(2)

removed “(A) The Secretary of Defense may require an employee of the Department of Defense or a member of the uniformed services under the Secretary’s jurisdiction performing duty on official travel to occupy adequate quarters on a rental basis when available.

removed “(B) A requirement under subparagraph (A) with respect to an employee of the Department of Defense may not be construed to be subject to negotiation under chapter 71 of this title.”

added Section 713 of the National Defense Authorization Act of 2010 (Public Law 111–84; 10 U.S.C. 1073 note) is amended—

added “(e) Secretary concerned defined—In this section, the term “Secretary concerned” means—

added “(1) the Secretary of a military department; or

added “(2) the Secretary of Defense.”

changed Subsection (e) of section 1704 Section 711(b)(2) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573) 2008 (10 U.S.C. 1073 note) is amended by striking “September 30, 2015” and inserting “September 30, 2016”.in the matter preceding subparagraph (A)—

changed Section 1079 The Secretary of title 10, United States Code, Defense may not transfer or eliminate a graduate medical education billet from the military medical treatment facility to which the billet is amended—assigned as of the date of the enactment of this Act unless the Secretary—

changed Section 2216a(e) 831(i)(1) of title 10, United States Code, the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 813) is amended by striking “September 30, 2015” and inserting “September 30, 2018”.“United States Transportation Command,” after “United States Southern Command,”.

added “(3) Each comprehensive subcontracting plan of a contractor shall require that the contractor report to the Secretary of Defense on a semi-annual basis the following information:

added “(A) The amount of first-tier subcontract dollars awarded during the six-month period covered by the report to covered small business concerns, with the information set forth separately—

added “(i) by North American Industrial Classification System code;

added “(ii) by major defense acquisition program, as defined in section 2430(a) of title 10, United States Code;

added “(iii) by contract, if the contract is for the maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment and the total value of the contract, including options, exceeds $100,000,000; and

added “(iv) by military department.

added “(B) The total number of subcontracts active under the test program during the six-month period covered by the report that would have otherwise required a subcontracting plan under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)).

added “(C) Costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans.

added “(D) Costs avoided by adoption of a comprehensive subcontracting plan.

added “(E) Any other information required by the Department of Defense to complete the study required by subsection (f).”

added “(g) Definitions—In this section, the term “covered small business concern” includes each of the following:

added “(1) A small business concern, as that term is defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a));

added “(2) A small business concern owned and controlled by veterans, as that term is defined in section 3(q)(3) of such Act (15 U.S.C. 632(q)(3)).

added “(3) A small business concern owned and controlled by service-disabled veterans, as that term is defined in section 3(q)(2) of such Act (15 U.S.C. 632(q)(2)).

added “(4) A qualified HUBZone small business concern, as that term is defined under section 3(p)(5) of such Act (15 U.S.C. 632(p)(5)).

added “(5) A small business concern owned and controlled by socially and economically disadvantaged individuals, as that term is defined in section 8(d)(3)(C) of such Act (15 U.S.C. 637(d)(3)(C)).

added “(6) A small business concern owned and controlled by women, as that term is defined under section 3(n) of such Act (15 U.S.C. 632(n)).”

added “(2) Small business concern owned and controlled by service-disabled veterans—The term small business concern owned and controlled by service-disabled veterans means a small business concern—

added “(A)

added “(i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

added “(ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

added “(B)

added “(i) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans; and

added “(ii) is included in the database described in section 8127(f) of title 38, United States Code.”

added “(6) Treatment of Businesses After Death of Veteran-Owner

added “(A) In general—Subject to subparagraph (C), if the death of a service-disabled veteran causes a small business concern to be less than 51 percent owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in subparagraph (B), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by service-disabled veterans.

added “(B) Period described—The period referred to in subparagraph (A) is the period beginning on the date on which the service-disabled veteran dies and ending on the earliest of the following dates:

added “(i) The date on which the surviving spouse remarries.

added “(ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern.

added “(iii) The date that is ten years after the date of the veteran’s death.

added “(C) Application to surviving spouse—Subparagraph (A) only applies to a surviving spouse of a veteran with a service-connected disability if—

added “(i) the veteran had a service-connected disability rated as 100 percent disabling or died as a result of a service-connected disability; and

added “(ii) prior to the death of the veteran and during the period in which the surviving spouse seeks to qualify under this paragraph, the small business concern is included in the database described in section 8127(f) of title 38, United States Code.”

added “49. Vets First program

added “In order to increase opportunities for small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans in the Federal marketplace, not later than 180 days after the effective date of this section, the Administrator shall enter into a memorandum of understanding with the Secretary of Veterans Affairs that transfers control and administration of the program under subsections (e) through (g) of section 8127 of title 38, United States Code, to the Administrator, consistent with the following:

added “(1) Not later than 270 days after completing the memorandum of understanding, the Administrator shall make rules to carry out the memorandum. If the Administrator does not make such rules by such date, the Administrator may not exercise the authority under section 7(a)(25)(A) until such time as those rules are made.

added “(2) The Administrator shall assume authority and responsibility for maintenance and operation of the database and for verifications under the program. Any verifications undertaken by the Administrator shall employ fraud prevention measures at the time of the initial application, through detection and monitoring processes after initial acceptance, by investigating allegations of potential fraud, removing firms that do not quality from the database, and referring cases for prosecution when appropriate.

added “(3) Any appeal by a small business concern, at the time that verification is denied or a contract is awarded, of any determination under the program shall be heard by the Office of Hearings and Appeals of the Small Business Administration.

added “(4)

added “(A) The Secretary shall, for a period of 6 years commencing on a date agreed to in the completed memorandum, reimburse to the Administrator of the Small Business Administration any costs incurred by the Administrator for actions undertaken pursuant to the memorandum from fees collected by the Secretary of Veteran Affairs under multiple-award schedule contracts. The Administrator and the Secretary shall endeavor to ensure maximum efficiency in such actions. Any disputes between the Secretary and the Administrator shall be resolved by the Director of the Office of Management and Budget.

added “(B) The Secretary and the Administrator may extend the term of the memorandum of understanding, except for the reimbursement requirement under subparagraph (A). The Secretary and the Administrator may in a separate memorandum of understanding provide for an extension of such reimbursement.

added “(5) Not later than 180 days after the date of enactment of this section, and every 180 days thereafter, the Secretary and the Administrator shall—

added “(A) meet to discuss ways to improve collaboration under the memorandum to increase opportunities for service-disabled veteran-owned small businesses and veteran-owned small businesses; and

added “(B) consult with congressionally chartered Veterans Service Organizations to discuss ways to increase opportunities for service-disabled veteran-owned small businesses and veteran-owned small businesses.

added “(6) Not later than 180 days after the date of enactment of this section, and every 180 days thereafter, the Secretary and the Administrator shall report to the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives, and the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate on the progress made by the Secretary and the Administrator implementing this section.

added “(7) In any meeting required under paragraph (5), the Secretary and the Administrator shall include in the discussion of ways to improve collaboration under the memorandum to increase opportunities for small businesses owned and controlled by service-disabled veterans who are women or minorities and small business concerns owned and controlled by veterans who are women or minorities.”

added “(7) Not later than 180 days after the effective date of this paragraph, the Secretary shall enter into a memorandum of understanding with the Administrator of the Small Business Administration consistent with section 48 of the Small Business Act, which shall specify the manner in which the Secretary shall notify the Administrator as to whether an individual is a veteran and if that veteran has a service-connected disability.”

removed Section 831(i)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 813) is amended by inserting “United States Transportation Command,” after “United States Southern Command,”.

added Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection:

added “(s) Data quality improvement plan

added “(1) In general—Not later than the first day of fiscal year 2016, the Administrator of the Small Business Administration, in consultation with the Small Business Procurement Advisory Council, the Administrator for Federal Procurement Policy, and the Administrator of the General Services Administration shall develop a plan to improve the quality of data reported on bundled and consolidated contracts in the Federal procurement data system.

added “(2) Plan requirements—The plan shall—

added “(A) describe the roles and responsibilities of the Administrator of the Small Business Administration, the Directors of the Offices of Small and Disadvantaged Business Utilization, the Small Business Procurement Advisory Council, the Administrator for Federal Procurement Policy, the Administrator of the General Services Administration, the senior procurement executives, and Chief Acquisition Officers in implementing the plan described in paragraph (1) and contributing to the annual report required by subsection (p)(4);

added “(B) make necessary changes to policies and procedures on proper identification and mitigation of contract bundling and consolidation, and to training procedures of relevant personnel on proper identification and mitigation of contract bundling and consolidation;

added “(C) establish consequences for failure to properly identify contracts as bundled or consolidated;

added “(D) establish requirements for periodic and statistically valid data verification and validation; and

added “(E) assign clear data verification responsibilities.

added “(3) Committee briefing—Once finalized and by not later than 90 days prior to implementation, the plan described in this subsection shall be presented to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate.

added “(4) Implementation—Not later than the first day of fiscal year 2017, the Administrator of the Small Business Administration shall implement the plan described in this subsection.

added “(5) Certification—The Administrator shall annually provide to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate certification of the accuracy and completeness of data reported on bundled and consolidated contracts.

added “(6) GAO study and report

added “(A) Study—Not later than the first day of fiscal year 2018, the Comptroller General of the United States shall initiate a study on the effectiveness of the plan described in this subsection that shall assess whether contracts were accurately labeled as bundled or consolidated.

added “(B) Contracts evaluated—For the purposes of conducting the study described in subparagraph (A), the Comptroller General of the United States—

added “(i) shall evaluate, for work in each of sectors 23, 33, 54, and 56 (as defined by the North American Industry Classification System), not fewer than 100 contracts in each sector;

added “(ii) shall evaluate only those contracts—

added “(I) awarded by an agency listed in section 901(b) of title 31, United States Code; and

added “(II) that have a Base and Exercised Options Value, an Action Obligation, or a Base and All Options Value exceeding $10,000,000; and

added “(iii) shall not evaluate contracts that have used any set aside authority.

added “(C) Report—Not later than 12 months after initiating the study required by subparagraph (A), the Comptroller General of the United States shall report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the results from such study and, if warranted, any recommendations on how to improve the quality of data reported on bundled and consolidated contracts.

added “(7) Definitions—In this subsection the following definitions shall apply:

added “(A) Chief Acquisition Officer; senior procurement executive—The terms Chief Acquisition Officer and senior procurement executive have the meanings given such terms in section 44 of this Act.

added “(B) Federal procurement data system definitions—The terms Base and Exercised Options Value, Action Obligation, Base and All Options Value, and set aside authority have the meanings given such terms by the Administrator for Federal Procurement Policy in the Federal procurement data system on October 1, 2013, or subsequent equivalent terms.”

removed “(D) the automated information system or information technology investment failed to achieve a full deployment decision within five years after the Milestone A decision for the program or, if there was no Milestone A decision, the date when the preferred alternative is selected for the program (excluding any time during which program activity is delayed as a result of a bid protest).”

removed Section 1903(a) of title 41, United States Code, is amended—