“(B) in the case of a person not an employee of the Department of Defense, the person shall enter into a written agreement to accept and continue employment for the period of obligated service determined under paragraph (2)—
“(i) with the Department of Defense; or
“(ii) with a public or private entity or organization outside the Department 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.”
“(c) Defense research facility defined—In this section, the term defense research facility means a Department of Defense facility which performs or contracts for the performance of—
“(1) basic research; or
“(2) applied research known as exploratory development.”
“(2) Compliance
“(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.
“(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—
“(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
“(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.”
“(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.”
“(c) Comptroller General Reports
“(1) Initial report—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall review the implementation plan submitted under subsection (b) and the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a), and submit to the congressional defense committees a report describing the findings of such review and including any additional information relating to the prepositioning strategic policy and plan that the Comptroller General determines appropriate.
“(2) Follow-up reports—Following the submittal of the initial report required under paragraph (1), the Comptroller General shall conduct annual reviews, for each of the subsequent three years, of the progress of the Department of Defense in implementing the strategic policy and the Department plan for prepositioned stocks, and submit to the congressional defense committees a report containing an assessment of such progress, including any additional information related to the management of prepositioned stocks that the Comptroller General determines appropriate.”
“(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—
“(1) determines that failure to furlough the employee will result in a violation of subsection (f); and
“(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.”
“2679. Installation-support services: intergovernmental support agreements”
“(4) The term “intergovernmental support agreement” means a legal instrument reflecting a relationship between the Secretary concerned and a State or local government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States.”
“2616. Military air show or open house: agreements with local civic organization; authority to charge nominal admission fee
“(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.
“(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.
“(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.”
“(1) For the Army, 490,000.
“(2) For the Navy, 323,600.
“(3) For the Marine Corps, 184,100.
“(4) For the Air Force, 310,900.”
“(A) the name of each”
“(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.”
“(A) a joint professional military education curriculum taught in residence at the Joint Forces Staff College or a senior level service school that has been designated and certified by the Secretary of Defense as a joint professional military education institution; or
“(B) a senior level service course of at least ten months that has been designated and certified by the Secretary of Defense as a joint professional military education course.”
“(1) two times the number of officers serving on active duty at the end of the preceding fiscal year in the grade of general or admiral; and
“(2) the number of officers serving on active duty at the end of the preceding fiscal year in the grade of lieutenant general or vice admiral.”
“(c) Not later than March 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying—
“(1) the total number of enlisted members assigned to duty at any time during the previous fiscal year as enlisted aides for officers of the Army, Navy, Air Force, and Marine Corps; and
“(2) the number of authorized enlisted aides by each general officer and flag officer position during the previous fiscal year.”
“(c) Deferred Retirement of Chaplains
“(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.
“(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.
“(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.”
“(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—
“(i) is a health professions officer; or
“(ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree.
“(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.”
“(b) Continuation of health professions officers
“(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.
“(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.
“(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.”
“116. Operational use of the National Guard
“(a) In general—This section authorizes the operational use of the National Guard and recognizes that the basic premise of both the National Incident Management System and the National Response Framework is that—
“(1) incidents are typically managed at the local level first; and
“(2) local jurisdictions retain command, control, and authority over response activities for their jurisdictional areas.
“(b) Assistance to Civilian Firefighting Organizations
“(1) Assistance authorized—Members and units of the National Guard shall be authorized to support firefighting operations, missions, or activities, including aerial firefighting employment of the Modular Airborne Firefighting System (MAFFS), undertaken in support of a civilian authority or a State or Federal agency.
“(2) Role of governor and state adjutant general—For the purposes of paragraph (1)—
“(A) the Governor of a State shall be the principal civilian authority; and
“(B) the adjutant general of the State shall be the principal military authority, when acting in his or her State capacity, and has the primary authority to mobilize members and units of the National Guard of the State in any duty status under this title the adjutant general deems appropriate to employ necessary forces when funds to perform such operations, missions, or activities are reimbursed.”
“1560. Judicial review of decisions relating to correction of military records
“(a) Availability of judicial review
“(1) In general—Pursuant to sections 1346 and 1491 of title 28 and chapter 7 of title 5, any person adversely affected by a records correction final decision may obtain judicial review of the decision in a court with jurisdiction to hear the matter.
“(2) Records correction final decision defined—In this section, the term “records correction final decision” means any of the following decisions:
“(A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title.
“(B) A final decision issued by the Secretary of a military department or the Secretary of Homeland Security pursuant to section 1034(g) of this title.
“(C) A final decision issued by the Secretary of Defense pursuant to section 1034(h) of this title.
“(D) A final decision issued by the Secretary concerned pursuant to section 1554a of this title.
“(b) Exhaustion of administrative remedies
“(1) General rule—Except as provided in paragraphs (3) and (4), judicial review of a matter that could be subject to correction under a provision of law specified in subsection (a)(2) may not be obtained under this section or any other provision of law unless—
“(A) the petitioner has requested a correction under sections 1552 or 1554a of this title (including such a request in a matter arising under section 1034 of this title); and
“(B) the Secretary concerned has rendered a final decision denying that correction in whole or in part.
“(2) Whistleblower cases—When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(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:
“(A) The Secretary of Defense makes a decision in the matter.
“(B) The period specified in section 1034(h) of this title for the Secretary to make a decision in the matter expires.
“(3) Class actions—If judicial review of a records correction final decision is sought, and the petitioner for such judicial review also seeks to bring a class action with respect to a matter for which the petitioner requested a correction under section 1552 of this title (including a request in a matter arising under section 1034 of this title) and the court issues an order certifying a class in the case, paragraphs (1) and (2) do not apply to any member of the certified class (other than the petitioner) with respect to any matter covered by a claim for which the class is certified.
“(4) Timeliness—Paragraph (1) shall not apply if the records correction final decision of the Secretary concerned is not issued by the date that is 18 months after the date on which the petitioner requests a correction.
“(c) Statutes of limitation
“(1) Six years from final decision—A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.
“(2) Six years for certain claims that may result in payment of money
“(A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.
“(B) Subparagraph (A) applies to a records correction final decision or portion of the decision that involves a denial of a claim that, if relief were to be granted by the court, would support, or result in, the payment of money either under a court order or under a subsequent administrative determination, other than payments made under—
“(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
“(ii) chapter 73 of this title.
“(d) Habeas corpus—This section does not affect any cause of action arising under chapter 153 of title 28.”
“(7) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary concerned shall provide the member or former member—
“(A) a concise written statement of the basis for the decision; and
“(B) a 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.”
“(2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (1) must be made within 90 days of the receipt by the member or former member of the final decision of the Secretary of the military department concerned in the matter. In any case in which the final decision of the Secretary of Defense results in denial, in whole or in part, of any requested correction of the record of the member or former member, the Secretary of Defense shall provide the member or former member—
“(A) a concise written statement of the basis for the decision; and
“(B) a 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.”
“(i) Judicial review
“(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.
“(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.
“(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.”
“(h) In any case in which the final decision of the Secretary concerned results in denial, in whole or in part, of any requested correction, the Secretary concerned shall provide the claimant—
“(1) a concise written statement of the basis for the decision; and
“(2) a 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.
“(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.”
“(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—
“(1) a concise written statement of the basis for the decision; and
“(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.
“(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.”
“(c) Additional elements of program—The mandatory program carried out by this section also shall include the following:
“(1) For any such member who plans to use the member’s entitlement to educational assistance under title 38—
“(A) instruction providing an overview of the use of such entitlement; and
“(B) courses of post-secondary education appropriate for the member, courses of post-secondary education compatible with the member’s education goals, and instruction on how to finance the member’s post-secondary education.
“(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.”
“(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(d) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”
“(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.”
“(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.”
“520d. Preliminary mental health assessments
“(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.
“(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.
“(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.”
“(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—
“(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
“(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.”
“(6) Legal consultation regarding the advantages and disadvantages of prosecution of the alleged sex-related offense by court-martial or by a civilian court with jurisdiction over the offense before the victim expresses a preference as to the prosecution authority pursuant to the process required by subsection (e)(3).”
“(3) The Secretary concerned shall establish a process to ensure consultation with a victim of an alleged sex-related offense that occurs in the United States to discern the victim's preference regarding prosecution authority, regardless of whether the report of that offense is restricted or unrestricted.”
“(e) Enforcement by Court of Criminal Appeals
“(1) If the victim of an offense under this chapter believes that a court-martial ruling violates the victim’s rights afforded by a Military Rule of Evidence specified in paragraph (2), the victim may petition the Court of Criminal Appeals for a writ of mandamus to require the court-martial to comply with the Military Rule of Evidence. The Court of Criminal Appeals may issue the writ on the order of a single judge and shall take up and decide the petition within 72 hours after the petition has been filed.
“(2) Paragraph (1) applies with respect to the protections afforded by the following:
“(A) Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.
“(B) Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.
“(3) Court-martial proceedings may not be stayed or subject to a continuance of more than five days for purposes of enforcing this subsection. If the Court of Criminal Appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion.”
“(A) dismissal or dishonorable discharge; and
“(B) confinement for two years.”
“(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.”
“208. Child custody protection
“(a) Restriction on temporary custody order—If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, then the court shall require that, upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be reinstated, unless the court finds that such a reinstatement is not in the best interest of the child, except that any such finding shall be subject to subsection (b).
“(b) Limitation on consideration of member’s deployment in determination of Child’s Best Interest—If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.
“(c) No federal jurisdiction or right of action or removal—Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.
“(d) Preemption—In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.
“(e) Deployment Defined—In this section, the term “deployment” means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—
“(1) that are designated as unaccompanied;
“(2) for which dependent travel is not authorized; or
“(3) that otherwise do not permit the movement of family members to that location.”
“(e) Acceptance of support
“(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.
“(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.
“(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.
“(f) Leases and licenses
“(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.
“(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.
“(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.
“(h) Trademarks and service marks
“(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.
“(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.”
“(A) In general—The amendments”
“(B) Special rule—For the period beginning January 3, 2015, and ending January 2, 2017, subparagraph (B) of section 8002(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(b)(3)(B)) is amended to read as follows:”
“1129a. Purple Heart: members killed or wounded in attacks inspired or motivated by foreign terrorist organizations
“(a) In general—For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded as a result of an international terrorist attack against the United States.
“(b) Covered members—A member described in this subsection is a member on active duty who was killed or wounded in an attack inspired or motivated by a foreign terrorist organization in circumstances where the death or wound is the result of an attack targeted on the member due to such member's status as a member of the armed forces, unless the death or wound is the result of willful misconduct of the member.
“(c) Foreign terrorist organization defined—In this section, the term foreign terrorist organization means an entity designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).”
“(c) Removal when no known next of kin
“(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.
“(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.
“(3) In this section, the term “Army National Military Cemetery” means a cemetery specified in section 4721(b) of this title.”
“(a) Removal upon discontinuance of installation cemetery”
“(b) Removal from temporary interment or abandoned grave or cemetery”
“(f) Special priority for certain disabled veterans
“(1) The Secretary of Defense shall provide, at no additional cost to the Department of Defense and with no aircraft modification, transportation on scheduled and unscheduled military flights within the continental United States and on scheduled overseas flights operated by the Air Mobility Command on a space-available basis for any veteran with a service-connected, permanent disability rated as total.
“(2) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the travel program, the Secretary shall provide transportation under paragraph (1) on the same basis as such transportation is provided to members of the armed forces entitled to retired or retainer pay.
“(3) The requirement to provide transportation on Department of Defense aircraft on a space-available basis on the priority basis described in paragraph (2) to veterans covered by this subsection applies whether or not the travel program is established under this section.
“(4) In this subsection, the terms veteran and service-connected have the meanings given those terms in section 101 of title 38.”
“(1) to provide or obtain goods and services beneficial to the efficient management and operation of the exchange system or that morale, welfare, and recreation system; or
“(2) to provide or obtain food services beneficial to the efficient management and operation of the dining facilities on military installations offering food services to members of the armed forces.”
“(i)
“(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.
“(2) An individual described in this paragraph is an individual who—
“(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
“(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.
“(3) A headstone or marker for the grave of an individual may be purchased under this subsection by—
“(A) the individual;
“(B) the surviving spouse, child, sibling, or parent of the individual; or
“(C) an individual other than the next of kin, as determined by the Secretary of Veterans Affairs.
“(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.
“(5) No person may receive any benefit under the laws administered by the Secretary of Veterans Affairs solely by reason of this subsection.
“(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.
“(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).”
“(B) Once during each 180-day period during which a member is deployed.”
“(ii) by personnel in deployed units whose responsibilities include providing unit health care services if such personnel are available and the use of such personnel for the assessments would not impair the capacity of such personnel to perform higher priority tasks; and”
“(18) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period.”
“(g)
“(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.
“(2) In carrying out this subsection, the Secretary shall ensure that—
“(A) except as provided by subparagraph (B), behavioral health treatment is provided pursuant to this subsection—
“(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
“(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
“(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.
“(3)
“(A) This subsection shall not apply to a medicare eligible beneficiary (as defined in section 1111(b) of this title).
“(B) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a covered beneficiary under—
“(i) this chapter;
“(ii) title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or
“(iii) any other law.
“(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.”
“(c) Behavioral health treatment of developmental disabilities
“(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.
“(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.”
“(e) Secretary concerned defined—In this section, the term “Secretary concerned” means—
“(1) the Secretary of a military department; or
“(2) the Secretary of Defense.”
“1097d. TRICARE program: notice of change to benefits
“(a) Provision of notice
“(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.
“(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).
“(3) The Secretary shall provide notice under paragraph (1) through electronic means.
“(b) Timing of notice—The Secretary shall provide notice under paragraph (1) of subsection (a) by the earlier of the following dates:
“(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.
“(2) The date that is 90 days before the date on which the change covered by the notification becomes effective.
“(3) The effective date of a significant change that is required by law.
“(c) Significant change defined—In this section, the term “significant change” means a system-wide change—
“(1) in policy regarding services provided under the TRICARE program (not including the addition of new services or benefits); or
“(2) in payment rates of more than 20 percent.”
“(b) Additional report
“(1) Implementation—Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, the Secretary shall submit to the congressional defense committees a report on the status of reducing the availability of TRICARE Prime in regions described in subsection (d)(1)(B).
“(2) Matters included—The report under paragraph (1) shall include the following:
“(A) Details regarding the impact to affected eligible beneficiaries with respect to the reduction of the availability of TRICARE Prime in regions described in subsection (d)(1)(B), including, with respect to each State—
“(i) the number of affected eligible beneficiaries who, as of the date of the report, are enrolled in TRICARE Standard;
“(ii) the number of affected eligible beneficiaries who, as of the date of the report; changed residences to remain eligible for TRICARE Prime in a new region; and
“(iii) the number of affected eligible beneficiaries who, as of the date of the report, have made an election described in subsection (c)(1).
“(B) The estimated increase in annual costs per each affected eligible beneficiary counted under subparagraph (A) as compared to the estimated annual costs if a contract described in subsection (a)(2)(A) did not affect the eligibility of the beneficiary for TRICARE Prime.
“(C) A description of the efforts of the Secretary to assess—
“(i) the impact on access to health care for affected eligible beneficiaries; and
“(ii) the satisfaction of such beneficiaries with respect to access to health care under TRICARE Standard.
“(D) A description of the estimated cost savings realized by reducing the availability of TRICARE Prime in regions described in subsection (d)(1)(B).”
“(f) Report
“(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—
“(A) more than 5 offerors were selected to submit competitive proposals pursuant to subsection (c)(4); or
“(B) the contract was awarded without using the two-phase selection procedures described in subsection (c).
“(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.
“(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.”
“(g) Report
“(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—
“(A) more than 5 offerors were selected to submit competitive proposals pursuant to subsection (c)(4); or
“(B) the contract was awarded without using the two-phase selection procedures described in subsection (c).
“(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.
“(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”
“(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:
“(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—
“(i) by North American Industrial Classification System code;
“(ii) by major defense acquisition program, as defined in section 2430(a) of title 10, United States Code;
“(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
“(iv) by military department.
“(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)).
“(C) Costs incurred in negotiating, complying with, and reporting on comprehensive subcontracting plans.
“(D) Costs avoided by adoption of a comprehensive subcontracting plan.
“(E) Any other information required by the Department of Defense to complete the study required by subsection (f).”
“(g) Definitions—In this section, the term “covered small business concern” includes each of the following:
“(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));
“(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)).
“(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)).
“(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)).
“(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)).
“(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)).”
“(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—
“(A)
“(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
“(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
“(B)
“(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
“(ii) is included in the database described in section 8127(f) of title 38, United States Code.”
“(6) Treatment of Businesses After Death of Veteran-Owner
“(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.
“(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:
“(i) The date on which the surviving spouse remarries.
“(ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern.
“(iii) The date that is ten years after the date of the veteran’s death.
“(C) Application to surviving spouse—Subparagraph (A) only applies to a surviving spouse of a veteran with a service-connected disability if—
“(i) the veteran had a service-connected disability rated as 100 percent disabling or died as a result of a service-connected disability; and
“(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.”
“49. Vets First program
“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:
“(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.
“(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.
“(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.
“(4)
“(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.
“(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.
“(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—
“(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
“(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.
“(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.
“(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.”
“(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.”
“(s) Data quality improvement plan
“(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.
“(2) Plan requirements—The plan shall—
“(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);
“(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;
“(C) establish consequences for failure to properly identify contracts as bundled or consolidated;
“(D) establish requirements for periodic and statistically valid data verification and validation; and
“(E) assign clear data verification responsibilities.
“(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.
“(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.
“(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.
“(6) GAO study and report
“(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.
“(B) Contracts evaluated—For the purposes of conducting the study described in subparagraph (A), the Comptroller General of the United States—
“(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;
“(ii) shall evaluate only those contracts—
“(I) awarded by an agency listed in section 901(b) of title 31, United States Code; and
“(II) that have a Base and Exercised Options Value, an Action Obligation, or a Base and All Options Value exceeding $10,000,000; and
“(iii) shall not evaluate contracts that have used any set aside authority.
“(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.
“(7) Definitions—In this subsection the following definitions shall apply:
“(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.
“(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.
“(C) Definition—For purposes of this section, the term “a contract awarded as part of the Federal Strategic Sourcing Initiative” shall mean a contract award pursuant to the process established by the Interagency Strategic Sourcing Leadership Council that was created by the Office of Management and Budget pursuant to Memorandum M–13–02 issued on December 5, 2012.
“(8) Study of Strategic Sourcing
“(A) Study—Not later than the last day of fiscal year 2015, the Comptroller General of the United States shall initiate a study on the affect of contracts awarded as part of the Federal Strategic Sourcing Initiative on the small business industrial base.
“(B) Scope—For each North American Classification System Code assigned to a contract awarded as part of the Federal Strategic Sourcing Initiative, the Comptroller General of the United States shall examine the following:
“(i) The number of small business concerns participating as prime contractors in that North American Industrial Classification System code in the federal procurement marketplace prior to the award of a contract awarded as part of the Federal Strategic Sourcing Initiative.
“(ii) The number of small business concerns participating as prime contractors in that North American Industrial Classification System code in the federal procurement marketplace after the award of a contract awarded as part of the Federal Strategic Sourcing Initiative.
“(iii) The number of small business concerns anticipated to be participating as prime contractors in that North American Industrial Classification System code in the federal procurement marketplace at the time that the a contract awarded as part of the Federal Strategic Sourcing Initiative expires.
“(iv) The affect of any changes between subsection (a)(1), (a)(2), and (a)(3) on the health of the small business industrial base, and the sustainability of any savings achieved by contract awarded as part of the Federal Strategic Sourcing Initiative.
“(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 mitigate any negative affects on the small business industrial base or the sustainability of savings.”
“(c) An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and on compliance with those requirements.”
“47. Reverse auctions prohibited for covered contracts
“(a) In general—In the case of a covered contract described in subsection (c), reverse auction methods may not be used—
“(1) if the covered contract is suitable for award to a small business concern; or
“(2) if the award is to be made under—
“(A) section 8(a);
“(B) section 8(m);
“(C) section 15(a);
“(D) section 15(j);
“(E) section 31;
“(F) section 36; or
“(G) section 8127 of title 38, United States Code.
“(b) Limitations on using reverse auctions
“(1) Number of offers; revisions to bids—A Federal agency may not award a covered contract using a reverse auction method if only one offer is received or if offerors do not have the ability to submit revised bids throughout the course of the auction.
“(2) Other procurement authority—A Federal agency may not award a covered contract under a procurement provision other than those provisions described in subsection (a)(2) if the justification for using such procurement provision is to use reverse auction methods.
“(c) Definitions—In this section the following definitions apply:
“(1) Covered contract—The term “covered contract” means a contract—
“(A) for services, including design and construction services; and
“(B) for goods in which the technical qualifications of the offeror constitute part of the basis of award.
“(2) Design and construction services—The term “design and construction services” means—
“(A) site planning and landscape design;
“(B) architectural and interior design;
“(C) engineering system design;
“(D) performance of construction work for facility, infrastructure, and environmental restoration projects;
“(E) delivery and supply of construction materials to construction sites;
“(F) construction, alteration, or repair, including painting and decorating, of public buildings and public works; and
“(G) architectural and engineering services as defined in section 1102 of title 40, United States Code.
“(3) Reverse auction—The term “reverse auction” means, with respect to procurement by an agency, a real-time auction conducted through an electronic medium between a group of offerors who compete against each other by submitting offers for a contract or task order with the ability to submit revised offers throughout the course of the auction.”
“(3) The provisions of section 47(a) of the Small Business Act (15 U.S.C. 631 et seq.) (relating to the prohibition on using reverse auction methods to award a contract) shall apply to a contract awarded under this section.”
“9310. Individual sureties
“If another applicable law or regulation permits the acceptance of a bond from a surety that is not subject to sections 9305 and 9306 and is based on a pledge of assets by the surety, the assets pledged by such surety shall—
“(1) consist of eligible obligations described under section 9303(a); and
“(2) be submitted to the official of the Government required to approve or accept the bond, who shall deposit the assets with a depository described under section 9303(b).”
“(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.”
“2631b. Airlift service
“(a) Requirement—Except as provided in subsections (b) and (c), the transportation of passengers or property by CRAF-eligible aircraft obtained by the Secretary of Defense or the Secretary of a military department through a contract for airlift service may only be provided by a covered air carrier.
“(b) Applicability—The requirement under subsection (a) applies with respect to transportation that is—
“(1) interstate in the United States;
“(2) between a place in the United States and a place outside the United States; or
“(3) between two places outside the United States.
“(c) Waiver authority—The Secretary of Defense may waive the requirement under subsection (a) if the Secretary determines that—
“(1) no covered air carrier is capable of providing, and willing to provide, the relevant transportation; or
“(2) use of a covered air carrier is otherwise unreasonable.
“(d) Definitions—In this section, the following definitions apply:
“(1) Covered air carrier—The term covered air carrier means an air carrier that—
“(A) has aircraft in the Civil Reserve Air Fleet or offers to place CRAF-eligible aircraft in that fleet; and
“(B) holds a certificate issued under section 41102 of title 49.
“(2) CRAF-eligible aircraft—The term CRAF-eligible aircraft means an aircraft of a type that the Secretary of Defense has determined to be eligible to participate in the Civil Reserve Air Fleet.”
“(d) Compliance
“(1) Official—The Secretary of Defense shall designate an official of the Department of Defense to ensure the compliance of this section.
“(2) Report—Not later than 180 days after the date of the enactment of this subsection, such designated official shall submit to the congressional defense committees a report on the compliance of this section.”
“(g) Request for Service Contract Approval—The Under Secretary of Defense for Personnel and Readiness shall—
“(1) issue policies implementing a standard checklist to be completed before the issuance of a solicitation for any new contract for services or exercising an option under an existing contract for services, including services provided under a contract for goods; and
“(2) ensure such policies and checklist are incorporated into the Department of Defense Supplement to the Federal Acquisition Regulation.”
“(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—
“(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity;
“(B) the anticipated award price of the contract (including options) will not exceed—
“(i) $6,500,000, in the case of a contract opportunity assigned a standard industrial code for manufacturing; or
“(ii) $4,000,000, in the case of any other contract opportunity; and
“(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
“(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—
“(A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity;
“(B) the anticipated award price of the contract (including options) will not exceed—
“(i) $6,500,000, in the case of a contract opportunity assigned a standard industrial code for manufacturing; or
“(ii) $4,000,000, in the case of any other contract opportunity; and
“(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.”
“(V) through sole source contracts awarded using the authority under subsection 8(m)(7);
“(VI) through sole source contracts awarded using the authority under section 8(m)(8);
“(VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and”
“(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.
“(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).”
“(jj) Innovative approaches to technology transfer
“(1) Grant program
“(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.
“(B) Awarding of grants and awards
“(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.
“(ii) Use of Funds—Activities supported by grants under this subsection may include—
“(I) providing early-stage proof of concept funding for translational research;
“(II) identifying research and technologies at institutions that have the potential for accelerated commercialization;
“(III) technology maturation funding to support activities such as prototype construction, experiment analysis, product comparison, and collecting performance data;
“(IV) technical validations, market research, clarifying intellectual property rights position and strategy, and investigating commercial and business opportunities;
“(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
“(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.
“(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—
“(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;
“(II) a description of how the qualifying institution will contribute to local and regional economic development efforts; and
“(III) a plan for sustainability beyond the duration of the funding award.
“(iv) Program oversight boards
“(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.
“(II) Program Oversight Boards responsibilities—Program Oversight Boards shall—
“(aa) establish award programs for individual projects;
“(bb) provide rigorous evaluation of project applications;
“(cc) determine which projects should receive awards, in accordance with guidelines established under subparagraph (C)(ii);
“(dd) establish milestones and associated award amounts for projects that reach milestones;
“(ee) determine whether awarded projects are reaching milestones; and
“(ff) develop a process to reallocate outstanding award amounts from projects that are not reaching milestones to other projects with more potential.
“(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.
“(C) Grant and award amounts
“(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.
“(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.
“(D) Authorized expenditures for Innovative Approaches to Technology Transfer Grant Program
“(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—
“(I) 0.05 percent for each of fiscal years 2014 and 2015; and
“(II) 0.1 percent for each of fiscal years 2016 and 2017.
“(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).
“(2) Program evaluation and data collection and dissemination
“(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—
“(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;
“(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;
“(iii) the number of invention disclosures received, United States patent applications filed, and United States patents issued within 5 years of the award;
“(iv) number of projects receiving a grant under paragraph (1) that secure Phase I or Phase II SBIR or STTR awards;
“(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;
“(vi) number and location of jobs created resulting from projects awarded under paragraph (1); and
“(vii) other data as deemed appropriate by a Federal agency required by this subparagraph to develop a program evaluation plan.
“(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—
“(i) a detailed description of the implementation of the program;
“(ii) a detailed description of the grantee selection process;
“(iii) an accounting of the funds used in the program; and
“(iv) a summary of the data collected under subparagraph (A).
“(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—
“(i) the program evaluation plan required under subparagraph (A);
“(ii) a list of recipients by State of awards under paragraph (1); and
“(iii) information on the use of grants under paragraph (1) by recipient institutions.”
“(3) A flag of the United States of America (within the meaning of chapter 1 of title 4).”
“(8) The term “military department” means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force.”
“503 Department of the Navy and Marine Corps”
“507 Composition of the Department of the Navy and Marine Corps”
“(c) The Director shall consider the potential for increases in program cost estimates or delays in schedule estimates in the implementation of policies, procedures, and activities related to operational test and evaluation and shall take appropriate action to ensure that operational test and evaluation activities do not unnecessarily increase program costs or impede program schedules.”
“(11) One of the Assistant Secretaries is the Assistant Secretary of Defense for Installations and Environment. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Installations and Environment shall have the duties specified in section 138e of this title.”
“138e. Assistant Secretary of Defense for Installations and Environment
“(a) The Assistant Secretary of Defense for Installations and Environment shall—
“(1) provide leadership and facilitate communication regarding, and conduct oversight to manage and be accountable for, military construction and environmental programs within the Department of Defense and the Army, Navy, Air Force, and Marine Corps;
“(2) coordinate and oversee planning and programming activities of the Department of Defense and the Army, Navy, Air Force, and Marine Corps;
“(3) establish policies and guidance, in coordination with the Army, Navy, Air Force and Marine Corps, regarding installation assets and services that are required to support defense missions.
“(b) The Assistant Secretary may communicate views on issues within the responsibility of the Assistant Secretary directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense.”
“145. Office of Net Assessment
“(a) In general—There is in the Office of the Secretary of Defense an office known as the Office of Net Assessment.
“(b) Head
“(1) The head of the Office of Net Assessment shall be appointed by the Secretary of Defense. The head shall be a member of the Senior Executive Service.
“(2) The head of the Office of Net Assessment may communicate views on matters within the responsibility of the head directly to the Secretary without obtaining the approval or concurrence of any other official within the Department of Defense.
“(3) The head of the Office of Net Assessment shall report directly to the Secretary.
“(4) The Office is subject to the authority, direction, and control of the Secretary. The Secretary may not delegate the responsibility to exercise such authority, direction, and control over the Office.
“(c) Responsibilities—The Office of Net Assessment shall develop and coordinate net assessments with respect to the standing, trends, and future prospects of the military capabilities and potential of the United States in comparison with the military capabilities and potential of other countries or groups of countries to identify emerging or future threats or opportunities for the United States.
“(d) Budget—In the budget materials submitted to the President by the Secretary of Defense in connection with the submittal to Congress, pursuant to section 1105 of title 31, of the budget for any fiscal year after fiscal year 2014, the Secretary shall ensure that a separate, dedicated program element is assigned for the Office of Net Assessment.
“(e) Net assessment defined—In this section, the term “net assessment” means the comparative analysis of military, technological, political, economic, and other factors governing the relative military capability of nations.”
“(b) Responsibilities—Subject to the authority, direction, and control of the Secretary of Defense, the Deputy Chief Management Officer shall perform such duties and exercise such powers as the Secretary may prescribe. The Deputy Chief Management Officer shall—
“(1) assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as Chief Management Officer of the Department of Defense under section 132(c) of this title and perform those duties assigned by the Secretary of Defense or delegated by the Deputy Secretary pursuant to section 904(a)(2) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 132 note);
“(2) assist the Deputy Secretary of Defense in the Deputy Secretary’s capacity as the Chief Operating Officer of the Department of Defense under section 1123 of title 31;
“(3) establish policies for the strategic management and integration of the Department of Defense business operations and activities;
“(4) have the responsibilities specified for the Deputy Chief Management Officer for the purposes of section 2222 of this title; and
“(5) be the Performance Improvement Officer of the Department of Defense for the purposes of section 1124(a)(1) of title 31.”
“142. Chief information officer
“(a) There is a Chief Information Officer of the Department of Defense.
“(b)
“(1) The Chief Information Officer of the Department of Defense—
“(A) is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44;
“(B) has the responsibilities and duties specified in section 11315 of title 40; and
“(C) has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title.
“(2) The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
“(c) The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) of this title. The officials serving in positions specified in section 131(b)(4) and the Chief Information Officer of the Department of Defense take precedence among themselves in the order prescribed by the Secretary of Defense.”
“(5) The Chief Information Officer of the Department of Defense.”
“(3) The officials authorized under this section shall be the only Deputy Under Secretaries of Defense.”
“(A) The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title.”
“(F) A description of how the plan supports or affects current Department of Defense strategic guidance, policy, and mission requirements, including the quadrennial defense review, the Unified Command Plan, and the strategic choices and management review.
“(G) A description of the associated costs specifically addressed by the savings.”
“(1) Each strategic workforce plan under subsection (a) shall—
“(A) include a separate chapter to specifically address the shaping and improvement of the senior management workforce of the Department of Defense; and
“(B) include an assessment of the senior functional and technical workforce of the Department of Defense within the appropriate functional community.”
“(f) Highly qualified experts
“(1) Each strategic workforce plan under subsection (a) shall include an assessment of the workforce of the Department of Defense comprised of highly qualified experts appointed pursuant to section 9903 of title 5 (in this subsection referred to as the “HQE workforce”).
“(2) For purposes of paragraph (1), each plan shall include, with respect to the HQE workforce—
“(A) an assessment of the critical skills and competencies of the existing HQE workforce and projected trends in that workforce based on expected losses due to retirement and other attrition;
“(B) specific strategies for attracting, compensating, and motivating the HQE workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies;
“(C) any incentives necessary to attract or retain HQE personnel;
“(D) any changes that may be necessary in resources or in the rates or methods of pay needed to ensure the Department has full access to appropriately qualified personnel; and
“(E) any legislative changes that may be necessary to achieve HQE workforce goals.”
“(h) Definitions—In this section:
“(1) The term “senior management workforce of the Department of Defense” includes the following categories of Department of Defense civilian personnel:
“(A) Appointees in the Senior Executive Service under section 3131 of title 5.
“(B) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title.
“(2) The term “senior functional and technical workforce of the Department of Defense” includes the following categories of Department of Defense civilian personnel:
“(A) Persons serving in positions described in section 5376(a) of title 5.
“(B) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 (114 Stat. 1654A–315)).
“(C) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note).
“(D) Persons serving in Intelligence Senior Level positions under section 1607 of this title.
“(3) The term “acquisition workforce” includes individuals designated under section 1721 of this title as filling acquisition positions.”
“2463a. Assignment of certain new requirements based on determinations of cost-efficiency
“(a) Assignments based on determinations of cost-efficiency
“(1) Except as provided in paragraph (2) and subject to subsection (b), the assignment of performance of a new requirement by the Department of Defense to military personnel, civilian personnel, or contractor personnel shall be based on a determination of which sector of the Department’s workforce can perform the services in the most cost-efficient manner, based on an analysis of the costs to the Federal Government in accordance with Department of Defense Instruction 7041.04 (“Estimating and Comparing the Full Costs of Civilian and Active Duty Military Manpower and Contract Support”) or successor guidance.
“(2) Paragraph (1) shall not apply in the case of a new requirement that is inherently governmental, closely associated with inherently governmental functions, critical, or required by law to be performed by military personnel or civilian personnel.
“(3) Nothing in this section may be construed as affecting the requirements of the Department of Defense under policies and procedures established by the Secretary of Defense under section 129a of this title for determining the most appropriate and cost-efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense.
“(b) Waiver authority
“(1) Notwithstanding subsection (a), the Secretary of a military department, the commander of a combatant command, or the head of a Defense Agency or activity may waive such subsection and assign performance of a new requirement without a determination of cost-efficiency as required by such subsection if—
“(A) the Secretary, commander, or head certifies in writing to the congressional defense committees that the time required to conduct the determination of cost-efficiency would result in a gap in service that would significantly undermine performance of the mission of the Department of Defense or pose an unacceptable risk; and
“(B) a period of 30 days has expired after such certification is so submitted to the committees.
“(2) A waiver of subsection (a) may be in effect for a period of not greater than 180 days.
“(3) The waiver authority under this subsection may not be exercised after September 30, 2015.
“(c) Provisions relating to assignment of civilian personnel—If a new requirement is assigned to civilian personnel consistent with the requirements of this section—
“(1) the Secretary of Defense may not—
“(A) impose any constraint or limitation on the size of the civilian workforce in terms of man years, end strength, full-time equivalent positions, or maximum number of employees; or
“(B) require offsetting funding for civilian pay or benefits or require a reduction in civilian full-time equivalents or civilian end-strengths; and
“(2) the Secretary may assign performance of such requirement without regard to whether the employee is a temporary, term, or permanent employee.
“(d) New requirement described—For purposes of this section, a new requirement is an activity or function that is not being performed, as of the date of consideration for assignment of performance under this section, by military personnel, civilian personnel, or contractor personnel at a Department of Defense component, organization, installation, or other entity. For purposes of the preceding sentence, an activity or function that is performed at such an entity and that is re-engineered, reorganized, modernized, upgraded, expanded, or changed to become more efficient but is still essentially providing the same service shall not be considered a new requirement.”
“(g) Prohibition on performance of certain functions by military personnel
“(1) Except as provided in paragraph (2), no functions performed by civilian personnel or contractors may be converted to performance by military personnel unless—
“(A) there is a direct link between the functions to be performed and a military occupational specialty; and
“(B) the conversion to performance by military personnel is cost effective, based on Department of Defense instruction 7041.04 (or any successor administrative regulation, directive, or policy).
“(2) Paragraph (1) shall not apply to the following functions:
“(A) Functions required by law or regulation to be performed by military personnel.
“(B) Functions related to—
“(i) missions involving operation risks and combatant status under the Law of War;
“(ii) specialized collective and individual training requiring military-unique knowledge and skills based on recent operational experience;
“(iii) independent advice to senior civilian leadership in the Department of Defense requiring military-unique knowledge and skills based on recent operational experience; and
“(iv) command and control arrangements under chapter 47 of this title (the Uniform Code of Military Justice).”
“(2)
“(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.
“(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 or any other provision of this title.”
“(1)
“(A) The Administrator of General Services shall conduct periodic investigations of the cost of travel and the operation of privately owned airplanes and privately owned motorcycles by employees while engaged on official business, and shall report the results of such investigations to Congress at least once a year.”
“(i) shall provide that the mileage reimbursement rate for privately owned automobiles, as provided in section 5704(a)(1), is the single standard mileage rate established by the Internal Revenue Service referred to in that section, and”
“(c)
“(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.
“(2) In this subsection, the term “political appointee” means any individual who is—
“(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
“(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
“(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.”
“(f)
“(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.
“(2) In this subsection, the term “political appointee” means any individual who is—
“(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
“(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
“(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.”
“(e)
“(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.
“(2) In this subsection, the term “political appointee” means any individual who is—
“(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
“(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
“(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.”
“(f)
“(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.
“(2) In this subsection, the term “political appointee” means any individual who is—
“(A) employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
“(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
“(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.”
“(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.
“(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”.
“(C) The head of the organization designated under this paragraph is referred to in this chapter as the “designated Agency Director”.”
“(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.”
“1501a. Public-private partnerships; other forms of support
“(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.
“(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.
“(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.
“(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.
“(e) Regulations
“(1) In general—The Secretary of Defense shall prescribe regulations to implement this section.
“(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.”
“(2)
“(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).
“(B) In carrying out functions under this chapter, the medical examiner so assigned or detailed shall report to the designated Agency Director.
“(C) The medical examiner so assigned or detailed shall—
“(i) exercise scientific identification authority;
“(ii) establish identification and laboratory policy consistent with the Armed Forces Medical Examiner System; and
“(iii) advise the designated Agency Director on forensic science disciplines.
“(D) Nothing in this chapter shall be interpreted as affecting the authority of the Armed Forces Medical Examiner under section 1471 of this title.”
“(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.”
“(3) In carrying out the program, the designated Agency Director shall coordinate all external communications and events associated with the program.”
“2222. Management of Defense information technology systems
“(a) Conditions for obligation of funds for covered defense information technology system programs—Funds available to the Department of Defense, whether appropriated or non-appropriated, may not be obligated for a defense information technology system program that will have a total cost in excess of $1,000,000 over the period of the current future-years defense program submitted to Congress under section 221 of this title unless—
“(1) the appropriate pre-certification authority for the covered defense information technology system program has determined that—
“(A) the defense information technology system program is in compliance with the enterprise architecture developed under subsection (b) and appropriate business process re-engineering efforts have been undertaken to ensure that—
“(i) the business process supported by the defense information technology system program is or will be as streamlined and efficient as practicable; and
“(ii) the need to tailor commercial-off-the-shelf systems to meet unique requirements or incorporate unique requirements or incorporate unique interfaces has been eliminated or reduced to the maximum extent practicable;
“(B) the defense information technology system program is necessary to achieve a critical national security capability or address a critical requirement in an area such as safety or security; or
“(C) the defense information technology system program is necessary to prevent a significant adverse effect on a project that is needed to achieve an essential capability, taking into consideration the alternative solutions for preventing such adverse effect; and
“(2) the covered defense information technology system program has been reviewed and certified by the investment review board established under subsection (e).
“(b) Enterprise architecture for defense information technology systems
“(1) The Secretary of Defense shall develop an enterprise architecture, known as the joint information technology enterprise architecture, to cover all defense information technology systems, and the functions and activities supported by defense information technology systems, which shall be sufficiently defined to effectively guide, constrain, and permit implementation of interoperable defense information technology system solutions and consistent with the policies and procedures established by the Director of the Office of Management and Budget.
“(2) The Secretary of Defense shall delegate responsibility and accountability for the defense information technology enterprise architecture content, including unambiguous definitions of functional processes, business rules, and standards, as follows:
“(A) For the warfighting mission area, the Joint Staff shall be responsible and accountable for the content of those portions of the defense information systems enterprise architecture.
“(B) For the business systems mission area, the Deputy Chief Management Officer of the Department of Defense shall be responsible and accountable for the content of those portions of the defense information technology enterprise architecture.
“(C) For the Enterprise Information environment mission area, the Chief Information Officer of the Department of Defense shall be responsible and accountable for the content of those portions of the defense information technology enterprise architecture.
“(c) Composition of enterprise architecture—The defense information technology enterprise architecture developed under subsection (b)(1)(A) shall include the following:
“(1) An information infrastructure that, at a minimum, would enable the Department of Defense to comply with all applicable law.
“(2) Policies, procedures, data standards, performance measures, and system interface requirements that are to apply uniformly throughout the Department of Defense.
“(3) A target defense information technology systems computing environment, compliant with the defense information technology enterprise architecture, as determined by the Chief Information Officer of the Department of Defense.
“(d) Designation of appropriate pre-certification authorities and senior officials—For purposes of subsections (a) and (e), the appropriate pre-certification authority for a defense information technology system program is as follows:
“(1) In the case of an Army program, the Secretary of the Army.
“(2) In the case of a Navy program, the Secretary of the Navy.
“(3) In the case of an Air Force program, the Secretary of the Air Force.
“(4) In the case of a program of a Defense Agency, the Director, or equivalent, of such Defense Agency, unless otherwise approved by the Secretary of Defense.
“(5) In the case of a program that will support the business processes of more than one military department or Defense Agency, an appropriate pre-certification authority designated by the Secretary of Defense.
“(e) Defense information technology system investment review
“(1) The Secretary of Defense shall establish an investment review board and investment management process to review and certify the planning, design, acquisition, development, deployment, operation, maintenance, modernization, and project cost benefits and risks of covered defense information technology systems programs. The investment review board and investment management process so established shall specifically address the requirements of subsection (a).
“(2) The review of defense information technology systems programs under the investment management process shall include the following:
“(A) Review and approval by an investment review board of each covered defense information technology system program before the obligation of funds on the system in accordance with the requirements of subsection (a).
“(B) Periodic review of all covered defense information technology system programs, grouped in mission areas.
“(C) Representation on each investment review board by appropriate officials from among the Office of the Secretary of Defense, the armed forces, the combatant commands, the Joint Chiefs of Staff, and the Defense Agencies, including representation from each of the following:
“(i) The appropriate pre-certification authority for the defense information technology system under review.
“(ii) The appropriate senior official of the Department of Defense for the functions and activities supported by the defense information technology system under review.
“(iii) The Chief Information Officer of the Department of Defense.
“(D) Use of threshold criteria to ensure an appropriate level of review within the Department of Defense of, and accountability for, defense information technology system programs depending on scope, complexity, and cost.
“(E) Use of procedures for making certifications in accordance with the requirements of subsection (a).
“(f) Budget information—In the materials that the Secretary submits to Congress in support of the budget submitted to Congress under section 1105 of title 31 for fiscal year 2015 and fiscal years thereafter, the Secretary of Defense shall include the following information:
“(1) Identification of each defense information technology system program for which funding is proposed in that budget.
“(2) Identification of all funds, by appropriation, proposed in that budget for each such program, including—
“(A) funds for current services (to operate and maintain the system covered by such program); and
“(B) funds for information technology systems modernization, identified for each specific appropriation.
“(3) For each such program, identification of the appropriate pre-certification authority and senior official of the Department of Defense designated under subsection (d).
“(4) For each such program, a description of each approval made under subsection (a)(3) with regard to such program, including—
“(A) specific milestones and actual performance against specified performance measures, and any revision of such milestones and performance measures; and
“(B) specific actions on the defense information technology system programs submitted for certification under such subsection.
“(5) Identification of any covered defense information technology system program during the preceding fiscal year that was not approved under subsection (a), and the reasons for the lack of approval.
“(g) Definitions—In this section:
“(1) The term “enterprise architecture” has the meaning given that term in section 3601(4) of title 44.
“(4) The terms “information system” and “information technology” have the meanings given those terms in section 11101 of title 40.
“(5) The term “national security system” has the meaning given that term in section 3542(b)(2) of title 44.”
“(4) The operation of regionally located National Guard Counter-drug Training Centers within the United States for the purposes of providing counter-drug related training to Federal, State, and local law enforcement personnel, as well as for foreign law enforcement personnel participating in the National Guard State Partnership Program.”
“(4) The term “combatant and support vessel” means any commissioned ship built or armed for naval combat or any naval ship designed to provide support to combatant ships and other naval operations. Such term does not include patrol coastal ships, non-commissioned combatant craft specifically designed for combat roles, or ships that are designated for potential mobilization.”
“2218a. National Sea-Based Deterrence Fund
“(a) Establishment—There is established in the Treasury a fund to be known as the “National Sea-Based Deterrence Fund”.
“(b) Administration of fund—The Secretary of Defense shall administer the Fund consistent with the provisions of this section.
“(c) Fund purposes
“(1) Funds in the Fund shall be available for obligation and expenditure only for the advanced procurement or construction of nuclear-powered strategic ballistic missile submarines.
“(2) Funds in the Fund may not be used for a purpose or program unless the purpose or program is authorized by law.
“(d) Deposits—There shall be deposited in the Fund all funds appropriated to the Department of Defense for fiscal years after fiscal year 2016 for the advanced procurement or construction of nuclear-powered strategic ballistic missile submarines.
“(e) Expiration of funds after 10 years—No part of an appropriation that is deposited in the Fund pursuant to subsection (d) shall remain available for obligation more than 10 years after the end of the fiscal year for which appropriated except to the extent specifically provided by law.
“(f) Budget requests—Budget requests submitted to Congress for the Fund shall separately identify the amount requested for programs, projects, and activities for the construction (including the design of vessels) of nuclear-powered strategic ballistic missile submarines.
“(g) Definitions—In this section:
“(1) The term “Fund” means the National Sea-Based Deterrence Fund established by subsection (a).
“(2) The term “nuclear-powered strategic ballistic missile submarine” means any nuclear-powered submarine owned, operated, or controlled by the Department of Defense with the primary mission of launching nuclear-armed ballistic missiles.”
“(2) Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal.”
“(10) Internship or externship services provided by law students or persons studying to be a paralegal, when such services are provided under the direct supervision of an attorney.”
“(4) For military transportation services provided in support of foreign military sales.
“(5) For military transportation services provided to a State, local, or tribal agency (including any organization composed of State, local, or tribal agencies).
“(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.”
“(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, 2024.”
“2642. Transportation services provided to certain non-Department of Defense agencies and entities: Use of Department of Defense reimbursement rate”
“(c) Time requirements
“(1) Except as provided under paragraph (2), an insurance claim made under this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation within two years after the date on which the loss event occurred. Any civil action arising out of the denial of such a claim shall be filed by not later than six months after the date of the mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.
“(2)
“(A) For claims based on liability to persons with whom the insured has no privity of contract, an insurance claim made under the authority of this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation by not later than the earlier of—
“(i) the date that is 60 days after the date on which final judgment is entered by a tribunal of competent jurisdiction; or
“(ii) the date that is six years after the date on which the loss event occurred.
“(B) Any civil action arising out of the denial of such claim shall be filed by not later than six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.
“(3) A claim made under this chapter shall be deemed to be administratively denied if the Secretary fails to make a final disposition of the claim before the date that is 6 months after the date on which the claim is presented to the Secretary, unless the Secretary makes a different agreement with the claimant when there is good cause for an agreement.”
“118. Defense Strategy Review
“(a) Quadrennial National Security Threats and Trends Report
“(1) Report required—Each year following a year evenly divisible by four, on the date on which the President submits the budget for the next fiscal year to Congress under section 1105(a) of title 31, the Secretary of Defense shall submit to the congressional defense committees a report (to be known as the “Quadrennial National Security Threats and Trends Report”) on United States national security interests and threats and trends that could affect those interests. The report shall be developed in full consultation with the Chairman of the Joint Chiefs of Staff.
“(2) Timeframes—The report shall consider the following three general timeframes:
“(A) Near-term (5 years).
“(B) Mid-term (10 to 15 years).
“(C) Far-term (20 years).
“(3) Contents of the report
“(A) The report required under this subsection shall include a discussion of United States national security interests consistent with the President’s most recently submitted National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043).
“(B) The report required under this subsection shall include a discussion of the current and future security environment, including assessed threats, trends, and possible developments that could affect the national security interests of the United States. Such areas of discussion shall include, at a minimum—
“(i) geopolitical changes;
“(ii) military capabilities;
“(iii) technology developments;
“(iv) demographic changes; and
“(v) other trends the Secretary considers to be significant.
“(C) The report required under this subsection shall include a list of current and possible future threats to United States national security interests. The threats included in the list shall be categorized by their likelihood, imminence, and potential severity, and shall include only those threats the Department of Defense would likely have a role in preventing, combating, or otherwise addressing.
“(4) Form—The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.
“(b) National Defense Panel
“(1) Establishment—Not later than February 1 of a year following a year evenly divisible by four, there shall be established an independent panel to be known as the National Defense Panel (in this subsection referred to as the “Panel”). The Panel shall have the duties set forth in this subsection.
“(2) Membership—The Panel shall be composed of ten members from private civilian life who are recognized experts in matters relating to the national security of the United States. Eight of the members shall be appointed as follows:
“(A) Two by the chairman of the Committee on Armed Services of the House of Representatives.
“(B) Two by the chairman of the Committee on Armed Services of the Senate.
“(C) Two by the ranking member of the Committee on Armed Services of the House of Representatives.
“(D) Two by the ranking member of the Committee on Armed Services of the Senate.
“(3) Co-chairs of the panel—In addition to the members appointed under paragraph (2), the Secretary of Defense shall appoint two members from private civilian life to serve as co-chairs of the panel.
“(4) Period of appointment; vacancies—Members shall be appointed for the life of the Panel. Any vacancy in the Panel shall be filled in the same manner as the original appointment.
“(5) Duties
“(A) Quadrennial National Security Threats and Trends Report—The Panel shall have the following duties with respect to a quadrennial national security threats and trends report submitted under subsection (a):
“(i) Review the report and suggest additional threats, trends, developments, opportunities, and challenges that should be addressed in the Defense Strategy Review required under subsection (c).
“(ii) Discuss the role of the United States in the world, with particular attention to the role of the United States military and the Department of Defense, including a prioritized list of United States national security interests.
“(iii) Outline a defense strategy to address the threats, trends, developments, opportunities, and challenges suggested under clause (i), in particular discussing prioritized ends and ways and means to address the threats so outlined.
“(iv) Determine the kind and degree of risk that is acceptable to the United States in undertaking the various military missions under the strategy outlined in clause (iii) and discuss ways of mitigating such risk.
“(v) Provide to Congress and the Secretary of Defense, in the report required by paragraph (7), any recommendations it considers appropriate for their consideration.
“(B) Defense Strategy Review—The Panel shall have the following duties with respect to a Defense Strategy Review conducted under subsection (c):
“(i) Assess the report on the Defense Strategy Review submitted by the Secretary of Defense under subsection (c)(3).
“(ii) Assess the assumptions, strategy, findings, and risks of the report on the Defense Strategy Review submitted under subsection (c)(3).
“(iii) Consider alternative defense strategies.
“(iv) Consider alternatives in force structure and capabilities, presence, infrastructure, readiness, personnel composition and skillsets, organizational structures, budget plans, and other elements of the defense program of the United States to execute successfully the full range of missions called for in the Defense Strategy Review and in the alternative strategies considered under clause (iii).
“(v) Provide to Congress and the Secretary of Defense, in the report required by paragraph (7), any recommendations it considers appropriate for their consideration.
“(6) First meeting—If the Secretary of Defense has not made the Secretary’s appointments to the Panel under paragraph (3) by March 1 of a year in which a quadrennial national security threats and trends report is submitted under this section, the Panel shall convene for its first meeting with the remaining members.
“(7) Reports
“(A) Not later than July 1 of a year in which a Panel is established under paragraph (1), the Panel shall submit to the congressional defense committees a report on the Panel’s review of the quadrennial national security threats and trends report, as required by paragraph (5)(A).
“(B) Not later than three months after the date on which the report on a Defense Strategy Review is submitted under subsection (c), the Panel shall submit to the congressional defense committees a report on the Panel’s assessment of such Defense Strategy Review, as required by paragraph (5)(B).
“(8) Administrative provisions
“(A) The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this subsection. The head of the department or agency concerned shall cooperate with the Panel to ensure that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical.
“(B) Upon the request of the co-chairs, the Secretary of Defense shall make available to the Panel the services of any federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense.
“(C) The Panel shall have the authorities provided in section 3161 of title 5 and shall be subject to the conditions set forth in such section.
“(D) Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.
“(9) Termination—A Panel established under paragraph (1) shall terminate 45 days after the date on which the Panel submits its report on a Defense Strategy Review under paragraph (7)(B).
“(c) Defense Strategy Review
“(1) Review required—The Secretary of Defense shall every four years, during a year following a year evenly divisible by four, conduct a comprehensive examination (to be known as a “Defense Strategy Review”) of the national defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program and policies of the United States with a view toward determining and expressing the defense strategy of the United States and establishing a defense program. Each such Defense Strategy Review shall be conducted in consultation with the Chairman of the Joint Chiefs of Staff.
“(2) Conduct of review—Each Defense Strategy Review shall be conducted so as to—
“(A) delineate a national defense strategy consistent with the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043);
“(B) provide the mechanism for—
“(i) setting priorities, shaping the force, guiding capabilities and resources, and adjusting the organization of the Department of Defense to respond to changes in the strategic environment;
“(ii) ensuring that entities within the Department of Defense are working toward common goals; and
“(iii) engaging Congress, other United States Government stakeholders, allies and partners, and the private sector on such strategy;
“(C) provide a bridge between higher-level policy and strategy and other Department of Defense guidance and activities;
“(D) consider three general timeframes of the near-term (associated with the future-years defense program), mid-term (10 to 15 years), and far-term (20 years);
“(E) address the security environment, threats, trends, opportunities, and challenges;
“(F) define the force structure and capabilities, force modernization plans, presence, infrastructure, readiness, personnel composition and skillsets, organizational structures, and other elements of the defense program of the United States associated with that national defense strategy that would be required to execute successfully the full range of missions called for in that national defense strategy;
“(G) identify the budget plan that would be required to provide sufficient resources to execute successfully the full range of missions called for in that national defense strategy;
“(H) define the nature and magnitude of the strategic and operational risks associated with executing the national defense strategy; and
“(I) understand the relationships and tradeoffs between missions, risks, and resources.
“(3) Submission of report on defense strategy review to congressional committees—The Secretary shall submit a report on each Defense Strategy Review to the Committees on Armed Services of the Senate and the House of Representatives. The report shall be submitted not later than March 1 of the year following the year in which the review is conducted. If the year in which the review is conducted is in the second term of a President, the Secretary may submit an update to the Defense Strategy Review report submitted during the first term of that President.
“(4) Elements—The report shall provide a comprehensive discussion of the Review, including the following:
“(A) The national defense strategy of the United States.
“(B) The assumed or defined prioritized national security interests of the United States that inform the national defense strategy defined in the Review.
“(C) The assumed strategic environment, including the threats, developments, trends, opportunities, and challenges that affect the assumed or defined national security interests of the United States, including those that were examined for the purposes of the Review and those that were considered in the development of the Quadrennial National Security Threats and Trends Report required under subsection (a).
“(D) The assumed steady state activities, crisis and conflict scenarios, military end states, and force planning construct examined in the review.
“(E) The prioritized missions of the armed forces under the strategy and a discussion of the roles and missions of the components of the armed forces to carry out those missions.
“(F) The assumed roles and capabilities provided by other United States Government agencies and by allies and partners.
“(F) The force structure and capabilities, presence, infrastructure, readiness, personnel composition and skillsets, organizational structures, and other elements of the defense program that would be required to execute successfully the full range of missions called for in the strategy.
“(G) An assessment of the gaps and shortfalls between the force structure, capabilities, and additional elements as required by subparagraph (F) and the current elements in the Department’s existing program of record, and a prioritization of those gaps and shortfalls.
“(H) An assessment of the risks assumed by the strategy, including—
“(i) how the Department defines, categorizes, and measures risk, such as strategic and operational risk; and
“(ii) the plan for mitigating major identified risks, including the expected timelines for, and extent of, any such mitigation, and the rationale for where greater risk is accepted.
“(I) A sensitivity analysis, specifically to understand the relationships and tradeoffs between missions, risks, and resources.
“(J) Any other key assumptions and elements addressed in the review or that the Secretary considers necessary to include.
“(5) CJCS Review
“(A) Upon the completion of each Review under this subsection, the Chairman of the Joint Chiefs of Staff shall prepare and submit to the Secretary of Defense the Chairman’s assessment of risks under the defense strategy developed by the Review and a description of the capabilities needed to address such risk. In preparing such assessment, the Chairman of the Joint Chiefs of Staff shall consider the threats and trends contained in the Quadrennial National Security Threats and Trends Report required by subsection (a), any additional threats considered as part of the Review under this subsection (particularly those that are categorized as likely, imminent, or severe), and any additional threats the Chairman considers appropriate.
“(B) The Chairman’s assessment shall be submitted to the Secretary in time for the inclusion of the assessment in the report on the Review under this subsection. The Secretary shall include the Chairman’s assessment, together with the Secretary’s comments, in the report in its entirety.
“(6) Form—The report required under this subsection shall be submitted in unclassified form, but may include a classified annex.”
“(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—
“(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—
“(i) an explanation for why the regional office did not meet the goal;
“(ii) a description of the additional resources needed to enable the regional office to reach the goal; and
“(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
“(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”
“145. Veterans Day
“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—
“(1) 3:11 p.m. Atlantic standard time;
“(2) 2:11 p.m. eastern standard time;
“(3) 1:11 p.m. central standard time;
“(4) 12:11 p.m. mountain standard time;
“(5) 11:11 a.m. Pacific standard time;
“(6) 10:11 a.m. Alaska standard time; and
“(7) 9:11 a.m. Hawaii-Aleutian standard time.”
“403. Transportation of supplies from nonprofit organizations
“(a) Authorization of transportation—Notwithstanding any other provision of law, and subject to subsection (b), the Secretary of Defense may transport to any country, without charge, supplies that have been furnished by a nonprofit organization and that are intended for distribution to members of the armed forces. Such supplies may be transported only on a space available basis.
“(b) Limitations
“(1) The Secretary may not transport supplies under subsection (a) unless the Secretary determines that—
“(A) the transportation of the supplies is consistent with the policies of the United States;
“(B) the supplies are suitable for distribution to members of the armed forces and are in usable condition;
“(C) there is a legitimate need for the supplies by the members of the armed forces for whom they are intended; and
“(D) adequate arrangements have been made for the distribution and use of the supplies.
“(2) Procedures—The Secretary shall establish procedures for making the determinations required under paragraph (1). Such procedures shall include inspection of supplies before acceptance for transport.
“(3) Preparation—It shall be the responsibility of the nonprofit organization requesting the transport of supplies under this section to ensure that the supplies are suitable for transport.
“(c) Distribution—Supplies transported under this section may be distributed by the United States Government or a nonprofit organization.
“(d) Definition of nonprofit organization—In this section, the term “nonprofit organization” means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.”
“(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.”
“(e) Ex officio and other advisory members
“(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.
“(2) Ex officio members—The following individuals shall serve as ex officio members:
“(A) The Archivist of the United States.
“(B) The Librarian of Congress.
“(C) The Secretary of the Smithsonian Institution.
“(D) The Secretary of Education.
“(E) The Secretary of State.
“(F) The Secretary of Veterans Affairs.
“(G) The Administrator of General Services.
“(3) Other advisory members—The following individuals shall serve as other advisory members:
“(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.
“(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.
“(C) Two members appointed by the Secretary of the Interior, including one from the National Parks Service.
“(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.”
“9. Limitation on obligation of Federal funds
“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.”
“(18) The Army Research Institute for the Behavioral and Social Sciences.
“(19) The Space and Missile Defense Command Technical Center.”
“(3) Students enrolled in scientific and engineering programs—The director of any STRL may appoint qualified candidates enrolled in a program of undergraduate or graduate instruction leading to a bachelor’s or master’s degree in a scientific, technical, engineering or mathematical course of study at an institution of higher education (as that term is defined in section 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to positions described in paragraph (3) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title).”
“(3) Candidates enrolled in scientific and engineering programs—The positions described in this paragraph are scientific and engineering positions that may be temporary or term in any laboratory designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department of Defense science and technology reinvention laboratory.”
“(3) In the case of a laboratory described in subsection (b)(3), with respect to appointment authority under subsection (a)(3), the number equal to 5 percent of the total number of scientific and engineering positions in such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.”
“(A) Equipment.
“(B) Supplies.
“(C) With respect to amounts in the Fund appropriated or transferred into the Fund after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, small-scale construction not exceeding $750,000 on a per-project basis.
“(D) Training.”
“(1) In general—Except as provided in paragraph (2), amounts”
“(2) Exception—Amounts appropriated or transferred to the Fund before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015 shall remain available for obligation and expenditure after September 30, 2015, only for activities under programs commenced under subsection (b) before September 30, 2015.”
“(d) Limitations—The number of liaison officers supported under subsection (b)(1) may not exceed 60 at any one time, and the amount of unreimbursed support for any such liaison officer under that subsection in any fiscal year may not exceed $200,000 (in fiscal year 2014 constant dollars).”
“(e) Secretary of state concurrence—The authority of the Secretary of Defense to provide administrative services and support under subsection (a) for the performance of duties by a liaison officer of another nation may be exercised only with respect to a liaison officer of another nation whose assignment as described in that subsection is accepted by the Secretary of Defense with the concurrence of the Secretary of State.”
“(C) That Pakistan is not using its military or any funds or equipment provided by the United States to persecute minority groups for their legitimate and nonviolent political and religious beliefs, including the Balochi, Sindhi, and Hazara ethnic groups and minority religious groups, including Christian, Hindu, and Ahmadiyya Muslim.”
“(E) Fiscal year 2015
“(i) In general—Except as provided in subparagraph (D), for fiscal year 2015, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 1,075. For purposes of status provided under this subparagraph—
“(I) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before December 31, 2015;
“(II) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than September 30, 2015; and
“(III) the authority to provide such status shall terminate on September 30, 2016.
“(ii) Construction—Clause (i) shall not be construed to affect numerical limitations, or the terms for provision of status, under subparagraph (D).”
“(10) The developments in maritime law enforcement capabilities and organization of the People’s Republic of China, focusing on activities in contested maritime areas in the South China Sea and East China Sea. Such analyses shall include an assessment of the nature of China’s maritime law enforcement activities directed against United States allies and partners. Such maritime activities shall include activities originating or suspect of originating from China and shall include government and nongovernment activities that are believed to be sanctioned or supported by the Chinese government.”
“(C) For each specified geographic area, a description of the following:
“(i) The feasibility of conducting multilateral programs to train and equip the military forces of relevant countries in the area.
“(ii) The authority and funding that would be required to support such programs.
“(iii) How such programs would be implemented.
“(iv) How such programs would support the national security priorities and interests of the United States and complement other efforts of the United States Government in the area and in other specified geographic areas.”
“(4) Report
“(A) In general—Not later than October 1, 2014, the President shall submit to the appropriate congressional committees a report that contains the national security planning guidance required under paragraph (1), including any updates thereto.
“(B) Form—The report may include a classified annex as determined to be necessary by the President.
“(C) Definition—In this paragraph, the term “appropriate congressional committees” means—
“(i) the congressional defense committees; and
“(ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”
“(4) Fiscal years 2026 through 2030.”
“430. TENCAP executive agent
“(a) In general—There is in the Department of Defense a Tactical Exploitation of National Capabilities Executive Agent who shall be appointed by the Under Secretary of Defense for Intelligence. The Executive Agent shall report directly to the Under Secretary of Defense for Intelligence. The Executive Agent shall be responsible for working with the combatant commands, military services, and the intelligence community to develop methods to increase warfighter effectiveness through the exploitation of national capabilities and to promote cross-domain integration of such capabilities into military operations, training, intelligence, surveillance, and reconnaissance activities.
“(b) Annual briefing—At the same time as the budget materials are submitted to Congress in connection with the submission of the budget for each of fiscal years 2016 through 2020, pursuant to section 1105 of title 31, the Executive Agent, in coordination with the commanders of the combatant commands, the Secretaries of the military departments, and the heads of the Department of Defense intelligence agencies and offices, shall provide to the Committee on Armed Services and the Select Committee on Intelligence of the Senate and the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the investments, activities, challenges, and opportunities of the Executive Agent in carrying out the responsibilities under paragraph (1). The briefings shall be coordinated with each of the armed services, the Defense Intelligence Agency, the National Security Agency, the National Geospatial-Intelligence Agency, and the National Reconnaissance office.”
“(g) Director of National Intelligence certification—The Director of National Intelligence shall submit to the congressional defense committees a certification that the recommendations of the report required under subsection (d) are consistent with the cyber operations capability needs of the United States.”
“(3)
“(A) With respect to the preparation of a budget for a fiscal year to be submitted by the President to Congress under section 1105(a) of title 31, the Secretary of Defense may not agree to a proposed transfer of estimated nuclear budget request authority unless the Secretary of Defense submits to the congressional defense committees a certification described in subparagraph (B).
“(B) A certification described in this subparagraph is a certification that includes the following:
“(i) Certification that, during the fiscal year prior to the fiscal year covered by the budget for which the certification is submitted, the Secretary of Energy obligated or expended any amounts covered by a proposed transfer of estimated nuclear budget request authority made for such prior fiscal year in a manner consistent with a memorandum of agreement that was developed by the Nuclear Weapons Council and entered into by the Secretary of Defense and the Secretary of Energy.
“(ii) A detailed assessment by the Nuclear Weapons Council regarding how the Administrator for Nuclear Security implemented any agreements and decisions of the Council made during such prior fiscal year.
“(iii) An assessment from each of the Vice Chairman of the Joints Chiefs of Staff and the Commander of the United States Strategic Command regarding any effects to the military during such prior fiscal year that were caused by the delay or failure of the Administrator to implement any agreements or decisions described in clause (ii).
“(4) The Secretary of Defense shall include with the defense budget materials for a fiscal year the memorandum of agreement described in paragraph (3)(B)(i) that covers such fiscal year.
“(5)
“(A) Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff an assessment of—
“(i) whether such budget allows the Federal Government to meet the nuclear stockpile and stockpile stewardship program requirements during the fiscal year covered by the budget and the four subsequent fiscal years; and
“(ii) if the Commander determines that such budget does not allow the Federal Government to meet such requirements, a description of the steps being taken to meet such requirements.
“(B) Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Strategic Command under subparagraph (A), the Chairman shall submit to the congressional defense committees—
“(i) such assessment as it was submitted to the Chairman; and
“(ii) any comments of the Chairman.
“(6) In this subsection:
“(A) The term “budget” has the meaning given that term in section 231(f) of this title.
“(B) The term “defense budget materials” has the meaning given that term in section 231(f) of this title.
“(C) The term “proposed transfer of estimated nuclear budget request authority” means, in preparing a budget, a request for the Secretary of Defense to transfer an estimated amount of the proposed budget authority of the Secretary to the Secretary of Energy for purposes relating to nuclear weapons.”