10 U.S. Code Chapter 367 - OTHER ADMINISTRATIVE MATTERS

not fewer than one program shall be related to nuclear weapons;

not fewer than one program shall be related to nuclear command, control, and communications;

not fewer than one program shall be related to continuity of government;

not fewer than one program shall be related to ballistic missile defense;

not fewer than one program shall be related to other command and control systems; and

not fewer than one program shall be related to space systems.

details on how the Secretary will establish the pilot program under subsection (a) to ensure all source information is appropriately, singularly, and exclusively shared for the purpose of ensuring the security or integrity of the supply chain of covered programs;

details of any personnel, funding, or statutory constraints in carrying out the pilot program; and

the identification of any legislative action or administrative action required to provide the Secretary with specific additional authorities required to fully implement the pilot program.

The Secretary of Defense shall establish a panel to be known as the ‘Panel on Department of Defense and AbilityOne Contracting Oversight, Accountability, and Integrity’ (hereafter in this section referred to as the ‘Panel’). The Panel shall be supported by the Defense Acquisition University, established under section 1746 of title 10, United States Code, and the National Defense University, including administrative support.

review the status of and progress relating to the implementation of the recommendations of report number DODIG–2016–097 of the Inspector General of the Department of Defense titled ‘DoD Generally Provided Effective Oversight of AbilityOne Contracts’, published on June 17, 2016;

recommend actions the Department of Defense and the AbilityOne Commission may take to eliminate waste, fraud, and abuse with respect to contracts of the Department of Defense and the AbilityOne Commission;

recommend actions the Department of Defense and the AbilityOne Commission may take to ensure opportunities for the employment of significantly disabled veterans and the blind and other severely disabled individuals;

recommend changes to law, regulations, and policy that the Panel determines necessary to eliminate vulnerability to waste, fraud, and abuse with respect to the performance of contracts of the Department of Defense;

recommend criteria for veterans with disabilities to be eligible for employment opportunities through the programs of the AbilityOne Commission that considers the definitions of disability used by the Secretary of Veterans Affairs and the AbilityOne Commission;

recommend ways the Department of Defense and the AbilityOne Commission may explore opportunities for competition among qualified nonprofit agencies or central nonprofit agencies and ensure an equitable selection and allocation of work to qualified nonprofit agencies;

any other duties determined necessary by the Secretary of Defense.

compliance with disability rights laws applicable to contracts of the Department of Defense and the AbilityOne Commission;

employment of significantly disabled veterans; and

vocational rehabilitation.

After consulting with central nonprofit agencies and qualified nonprofit agencies, the Panel shall suggest milestone dates for the implementation of the recommendations made under subsection (c) and shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Oversight and Government Reform [now Committee on Oversight and Reform] of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, qualified nonprofit agencies, and central nonprofit agencies of such dates.

After the establishment of milestone dates under paragraph (1), the Panel may review the activities, including contracts, of the AbilityOne Commission, the central nonprofit agencies, and the relevant qualified nonprofit agencies to determine if the recommendations made under subsection (c) are being substantially implemented in good faith by the AbilityOne Commission or such agencies. If the Panel determines that the AbilityOne Commission or any such agency is not implementing the recommendations, the Panel shall notify the Secretary of Defense, the congressional defense committees, the Committee on Oversight and Government Reform [now Committee on Oversight and Reform] of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

If the Secretary of Defense takes any of the actions described in paragraph (1), the Secretary shall coordinate with the AbilityOne Commission or the relevant central nonprofit agency, as appropriate, to fully implement the recommendations made under subsection (c). On the date on which such recommendations are fully implemented, the Secretary shall notify Congress, in writing, and the Secretary’s authority under paragraph (1) shall terminate.

Before submitting the progress report required under paragraph (2), the Panel shall consult with the AbilityOne Commission on draft recommendations made pursuant to subsection (c). The Panel shall include any recommendations of the AbilityOne Commission in the progress report submitted under paragraph (2).

Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2016], the Panel shall submit to the Secretary of Defense, the Chairman of the AbilityOne Commission, the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Oversight and Government Reform [now Committee on Oversight and Reform] of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a progress report on the activities of the Panel.

Before submitting the annual report required under paragraph (2), the Panel shall consult with the AbilityOne Commission on the contents of the report. The Panel shall include any recommendations of the AbilityOne Commission in the report submitted under paragraph (2).

Members of the acquisition workforce (as defined in section 101 of title 10, United States Code) who have participated in the training described in paragraph (1) are eligible for a detail to the AbilityOne Commission.

Career employees of the AbilityOne Commission may participate in the training program described in paragraph (1) on a non-reimbursable basis for up to three years and on a non-reimbursable or reimbursable basis thereafter.

Amounts from the Department of Defense Acquisition Workforce Development Fund established under section 1705 of title 10, United States Code, are authorized for use for the detail of members of the acquisition workforce to the AbilityOne Commission.

The term ‘AbilityOne Commission’ means the Committee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of title 41, United States Code.

The terms ‘blind’, ‘qualified nonprofit agency for the blind’, ‘qualified nonprofit agency for other severely disabled’, and ‘severely disabled individual’ have the meanings given such terms under section 8501 of such title.

The term ‘central nonprofit agency’ means a central nonprofit agency designated under section 8503(c) of such title.

The term ‘executive agency’ has the meaning given such term in section 133 of such title.

The term ‘Javits-Wagner-O’Day Act’ means chapter 85 of such title.

The term ‘significantly disabled veteran’ means a veteran (as defined in section 101 of title 38, United States Code) who is a severely disabled individual.”