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Title of Law:National Defense Authorization Act for Fiscal Year 2013
Law #:Public Law 112-239
Passed by Congress:112th Congress (2nd Session)

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to and studies for The National Academies. (Pound signs [##] between passages denote the deletion of unrelated text.)

HR4310 McKeon (R-Calif.) 12/21/12
Enrolled (finally passed both houses)
To authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
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TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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SUBTITLE D—REPORTS

Sec. 241. Mission packages for the Littoral Combat Ship.

Sec. 242. Study on electronic warfare capabilities of the Marine Corps.

Sec. 243. Conditional requirement for report on amphibious assault vehicles for the Marine Corps.

Sec. 244. Report on cyber and information technology research investments of the Air Force.

Sec. 245. National Research Council review of defense science and technical graduate education needs.

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TITLE VII—HEALTH CARE PROVISIONS

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SUBTITLE C—MENTAL HEALTH CARE AND VETERANS MATTERS

Sec. 723. Sharing between Department of Defense and Department of Veterans Affairs of records and information retained under the medical tracking system for members of the Armed Forces deployed overseas.

Sec. 724. Participation of members of the Armed Forces in peer support counseling programs of the Department of Veterans Affairs.

Sec. 725. Research and medical practice on mental health conditions.

Sec. 726. Transparency in mental health care services provided by the Department of Veterans Affairs.

Sec. 727. Expansion of Vet Center Program to include furnishing counseling to certain members of the Armed Forces and their family members.

Sec. 728. Organization of the Readjustment Counseling Service in the Department of Veterans Affairs.

Sec. 729. Recruitment of mental health providers for furnishing mental health services on behalf of the Department of Veterans Affairs without compensation from the Department.

Sec. 730. Peer support.

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TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

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SUBTITLE D—REPORTS

Sec. 3141. Reports on lifetime extension programs.

Sec. 3142. Notification of nuclear criticality and non-nuclear incidents.

Sec. 3143. Quarterly reports to Congress on financial balances for atomic energy defense activities.

Sec. 3144. National Academy of Sciences study on peer review and design competition related to nuclear weapons.

Sec. 3145. Report on defense nuclear nonproliferation programs.

Sec. 3146. Study on reuse of plutonium pits.

Sec. 3147. Assessment of nuclear weapon pit production requirement.

Sec. 3148. Study on a multiagency governance model for national security laboratories.

Sec. 3149. Report on efficiencies in facilities and functions of the National Nuclear Security Administration.

Sec. 3150. Study on regional radiological security zones.

Sec. 3151. Report on abandoned uranium mines.

######

SUBTITLE F—AMERICAN MEDICAL ISOTOPES PRODUCTION

Sec. 3171. Short title.

Sec. 3172. Definitions.

Sec. 3173. Improving the reliability of domestic medical isotope supply.

Sec. 3174. Exports.

Sec. 3175. Report on disposition of exports.

Sec. 3176. Domestic medical isotope production.

Sec. 3177. Annual Department reports.

Sec. 3178. National Academy of Sciences report.

######

SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE SCIENCE AND TECHNICAL GRADUATE EDUCATION NEEDS.

(a) Review.—The Secretary of Defense shall enter into an agreement with the National Research Council to conduct a review of specialized degree-granting graduate programs of the Department of Defense in science, technology, engineering, mathematics, and management.

(b) Matters Included.—At a minimum, the review under subsection (a) shall address—

(1) the need by the Department of Defense and the military departments for military and civilian personnel with advanced degrees in science, technology, engineering, mathematics, and management, including a list of the numbers of such personnel needed by discipline;

(2) an analysis of the sources by which the Department of Defense and the military departments obtain military and civilian personnel with such advanced degrees;

(3) the need for educational institutions under the Department of Defense to meet the needs identified in paragraph (1);

(4) the costs and benefits of maintaining such educational institutions, including costs relating to in-house research;

(5) the ability of private institutions or distance-learning programs to meet the needs identified in paragraph (1);

(6) existing organizational structures, including reporting chains, within the military departments to manage the graduate education needs of the Department of Defense and the military departments in the fields described in paragraph (1); and

(7) recommendations for improving the ability of the Department of Defense to identify, manage, and source the graduate education needs of the Department in such fields.

(c) Report.—Not later than 30 days after the date on which the review under subsection (a) is completed, the Secretary shall submit to the congressional defense committees a report on the results of such review.

######

SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS.

(a) Measurement of Mental Health Care Services.—

(1) IN GENERAL.—Not later than December 31, 2013, the Secretary of Veterans Affairs shall develop and implement a comprehensive set of measures to assess mental health care services furnished by the Department of Veterans Affairs.

(2) ELEMENTS.—The measures developed and implemented under paragraph (1) shall provide an accurate and comprehensive assessment of the following:

(A) The timeliness of the furnishing of mental health care by the Department.

(B) The satisfaction of patients who receive mental health care services furnished by the Department.

(C) The capacity of the Department to furnish mental health care.

(D) The availability and furnishing of evidence-based therapies by the Department.

(b) Guidelines for Staffing Mental Health Care Services.—Not later than December 31, 2013, the Secretary shall develop and implement guidelines for the staffing of general and specialty mental health care services, including at community-based outpatient clinics. Such guidelines shall include productivity standards for providers of mental health care.

(c) Study Committee.—

(1) IN GENERAL.—The Secretary shall seek to enter into a contract with the National Academy of Sciences to create a study committee—

(A) to consult with the Secretary on the Secretary’s development and implementation of the measures and guidelines required by subsections (a) and (b); and

(B) to conduct an assessment and provide an analysis and recommendations on the state of Department mental health services.

(2) FUNCTIONS.—In entering into the contract described in paragraph (1), the Secretary shall, with respect to paragraph (1)(B), include in such contract a provision for the study committee—

(A) to conduct a comprehensive assessment of barriers to access to mental health care by veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn;

(B) to assess the quality of the mental health care being provided to such veterans (including the extent to which veterans are afforded choices with respect to modes of treatment) through site visits to facilities of the Veterans Health Administration (including at least one site visit in each Veterans Integrated Service Network), evaluating studies of patient outcomes, and other appropriate means;

(C) to assess whether, and the extent to which, veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn are being offered a full range of necessary mental health services at Department health care facilities, including early intervention services for hazardous drinking, relationship problems, and other behaviors that create a risk for the development of a chronic mental health condition;

(D) to conduct surveys or have access to Department-administered surveys of—

(i) providers of Department mental health services;

(ii) veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn who are receiving mental health care furnished by the Department; and

(iii) eligible veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn who are not using Department health care services to assess those barriers described in subparagraph (A); and

(E) to provide to the Secretary, on the basis of its assessments as delineated in subparagraphs (A) through (C), specific, detailed recommendations—

(i) for overcoming barriers, and improving access, to timely, effective mental health care at Department health care facilities (or, where Department facilities cannot provide such care, through contract arrangements under existing law); and

(ii) to improve the effectiveness and efficiency of mental health services furnished by the Secretary.

(3) PARTICIPATION BY FORMER OFFICIALS AND EMPLOYEES OF VETERANS HEALTH ADMINISTRATION.—The Secretary shall ensure that any contract entered into under paragraph (1) provides for inclusion on any subcommittee which participates in conducting the assessments and formulating the recommendations provided for in paragraph (2) at least one former official of the Veterans Health Administration and at least two former employees of the Veterans Health Administration who were providers of mental health care.

(4) PERIODIC REPORTS TO SECRETARY.—In entering into the contract described in paragraph (1), the Secretary shall, with respect to paragraph (1)(A), include in such contract a provision for the submittal to the Secretary of periodic reports and provision of other consultation to the Secretary by the study committee to assist the Secretary in carrying out subsections (a) and (b).

(5) REPORTS TO CONGRESS.—Not later than 30 days after receiving a report under paragraph (4), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the plans of the Secretary to implement such recommendations submitted to the Secretary by the study committee as the Secretary considers appropriate. Such report shall include a description of each recommendation submitted to the Secretary that the Secretary does not plan to carry out and an explanation of why the Secretary does not plan to carry out such recommendation.

(d) Publication.—

(1) IN GENERAL.—The Secretary shall make available to the public on an Internet website of the Department the following:

(A) The measures and guidelines developed and implemented under this section.

(B) An assessment of the performance of the Department using such measures and guidelines.

(2) QUARTERLY UPDATES.—The Secretary shall update the measures, guidelines, and assessment made available to the public under paragraph (1) not less frequently than quarterly.

(e) Semiannual Reports.—

(1) IN GENERAL.—Not later than June 30, 2013, and not less frequently than twice each year thereafter, the Secretary shall submit to the committees of Congress specified in subsection (c)(5) a report on the Secretary’s progress in developing and implementing the measures and guidelines required by this section.

(2) ELEMENTS.—Each report submitted under paragraph (1) shall include the following:

(A) A description of the development and implementation of the measures required by subsection (a) and the guidelines required by subsection (b).

(B) A description of the progress made by the Secretary in developing and implementing such measures and guidelines.

(C) An assessment of the mental health care services furnished by the Department, using the measures developed and implemented under subsection (a).

(D) An assessment of the effectiveness of the guidelines developed and implemented under subsection (b).

(E) Such recommendations for legislative or administrative action as the Secretary may have to improve the effectiveness and efficiency of the mental health care services furnished under laws administered by the Secretary.

(f) Implementation Report.—

(1) IN GENERAL.—Not later than 30 days before the date on which the Secretary begins implementing the measures and guidelines required by this section, the Secretary shall submit to the committees of Congress specified in subsection (c)(5) a report on the Secretary’s planned implementation of such measures and guidelines.

(2) ELEMENTS.—The report required by paragraph (1) shall include the following:

(A) A detailed description of the measures and guidelines that the Secretary plans to implement under this section.

(B) A description of the rationale for each measure and guideline the Secretary plans to implement under this section.

(C) A discussion of each measure and guideline that the Secretary considered under this section but chose not to implement.

(D) The number of current vacancies in mental health care provider positions in the Department.

(E) An assessment of how many additional positions are needed to meet current or expected demand for mental health services furnished by the Department.

######

SEC. 3144. NATIONAL ACADEMY OF SCIENCES STUDY ON PEER REVIEW AND DESIGN COMPETITION RELATED TO NUCLEAR WEAPONS.

(a) Study.—Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall enter into an agreement with the National Academy of Sciences to conduct a study of peer review and design competition related to nuclear weapons.

(b) Elements.—The study required by subsection (a) shall include an assessment of—

(1) the quality and effectiveness of peer review of designs, development plans, engineering and scientific activities, and priorities related to both nuclear and non-nuclear aspects of nuclear weapons;

(2) incentives for effective peer review;

(3) the potential effectiveness, efficiency, and cost of alternative methods of conducting peer review and design competition related to both nuclear and non-nuclear aspects of nuclear weapons, as compared to current methods;

(4) the known instances where current peer review practices and design competition succeeded or failed to find problems or potential problems; and

(5) such other matters related to peer review and design competition related to nuclear weapons as the Administrator considers appropriate.

(c) Cooperation and Access to Information and Personnel.—The Administrator shall ensure that the National Academy of Sciences receives full and timely cooperation, including full access to information and personnel, from the National Nuclear Security Administration and the management and operating contractors of the Administration for the purposes of conducting the study under subsection (a).

(d) Report.—

(1) IN GENERAL.—The National Academy of Sciences shall submit to the Administrator a report containing the results of the study conducted under subsection (a) and any recommendations resulting from the study.

(2) SUBMITTAL TO CONGRESS.—Not later than September 30, 2014, the Administrator shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report submitted under paragraph (1) and any comments or recommendations of the Administrator with respect to the report.

(3) FORM.—The report submitted under paragraph (1) shall be in unclassified form, but may include a classified annex.

######

SEC. 3148. STUDY ON A MULTIAGENCY GOVERNANCE MODEL FOR NATIONAL SECURITY LABORATORIES.

(a) Independent Assessment.—

(1) IN GENERAL.—The Administrator for Nuclear Security shall commission an independent assessment regarding the transition of the national security laboratories to multiagency federally funded research and development centers with direct sustainment and sponsorship by multiple national security agencies. The organization selected to conduct the independent assessment shall have recognized credentials and expertise in national security science and engineering laboratories.

(2) BACKGROUND MATERIAL.—The assessment shall leverage previous studies, including—

(A) the report published in 2009 by the Stimson Center titled “Leveraging Science for Security: A Strategy for the Nuclear Weapons Laboratories in the 21st Century”; and

(B) the Phase 1 report published in 2012 by the National Academy of Sciences titled “Managing for High-Quality Science and Engineering at the NNSA National Security laboratories”.

(3) ELEMENTS.—The assessment conducted pursuant to paragraph (1) shall include the following elements:

(A) An assessment of a new governance structure that—

(i) gives multiple national security agencies, including the Department of Defense, the Department of Homeland Security, the Department of Energy, and the intelligence community, direct sponsorship of the national security laboratories as federally funded research and development centers so that such agencies have more direct and rapid access to the assets available at the laboratories and the responsibility to provide sustainable support for the science and technology needs of the agencies at the laboratories;

(ii) reduces costs to the Federal Government for the use of the resources of the laboratories, while enhancing the stewardship of these national resources and maximizing their service to the Nation;

(iii) enhances the overall quality of the scientific research and engineering capability of the laboratories, including their ability to recruit and retain top scientists and engineers; and

(iv) maintains as paramount the capabilities required to support the nuclear stockpile stewardship and related nuclear missions.

(B) A recommendation as to which, if any, other laboratories associated with any national security agency should be included in the new governance structure.

(C) Options for implementing the new governance structure that minimize disruption of performance and costs to the government while rapidly achieving anticipated gains.

(D) Legislative changes and executive actions that would need to be made in order to implement the new governance structure.

(b) Report.—

(1) IN GENERAL.—Not later than January 1, 2014, the organization selected to conduct the independent assessment under subsection (a)(1) shall submit to the Administrator and the congressional defense committees a report that contains the findings of the assessment.

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(c) Definition.—In this section, the term “national security laboratory” has the meaning given that term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471).

######

SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT.

(a) In General.—The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study of the state of molybdenum-99 production and utilization, to be provided to Congress not later than 5 years after the date of enactment of this Act.

(b) Contents.—The report shall include the following:

(1) For molybdenum-99 production—

(A) a list of all facilities in the world producing molybdenum-99 for medical uses, including an indication of whether these facilities use highly enriched uranium in any way;

(B) a review of international production of molybdenum-99 over the previous 5 years, including—

(i) whether any new production was brought online;

(ii) whether any facilities halted production unexpectedly; and

(iii) whether any facilities used for production were decommissioned or otherwise permanently removed from service; and

(C) an assessment of progress made in the previous 5 years toward establishing domestic production of molybdenum-99 for medical uses, including the extent to which other medical isotopes that have been produced with molybdenum-99, such as iodine-131 and xenon-133, are being used for medical purposes.

(2) An assessment of the progress made by the Department and others to eliminate all worldwide use of highly enriched uranium in reactor fuel, reactor targets, and medical isotope production facilities.

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************************************************************************************
HRpt 112-705 - To accompany H.R. 4310
Conference Committee
(12/18/12)
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Title II—Research, Development, Test, and Evaluation

######

Subtitle D—Reports

Mission packages for the Littoral Combat Ship (sec. 241)

Study on electronic warfare capabilities of the Marine Corps (sec. 242)

Conditional requirement for report on amphibious assault vehicles for the Marine Corps (sec. 243)

Report on Air Force cyber and information technology research investments of the Air Force (sec. 244)

National Research Council review of defense science and technical graduate education needs (sec. 245)

######

Subtitle B—Health Care Administration

######

Subtitle C—Mental Health Care and Veterans Matters

Sharing between Department of Defense and Department of Veterans Affairs of records and information retained under the medical tracking system for members of the Armed Forces deployed overseas (sec. 723)

Participation of members of the Armed Forces in peer support counseling programs of the Department of Veterans Affairs (sec. 724)

Research and medical practice on mental health conditions (sec. 725)

Transparency in mental health care services provided by the Department of Veterans Affairs (sec. 726)

Expansion of Vet Center Program to include furnishing counseling to certain members of the Armed Forces and their family members (sec. 727)

Organization of the Readjustment Counseling Service in the Department of Veterans Affairs (sec. 728)

Recruitment of mental health providers for furnishing mental health services on behalf of the Department of Veterans Affairs without compensation from the Department (sec. 729)

Peer support (sec. 730)

######

Title XXXI—Department of Energy National Security Programs

######

Subtitle D—Reports

Reports on lifetime extension programs (sec. 3141)

Notification of nuclear criticality and non-nuclear incidents (sec. 3142)

Quarterly reports to Congress on financial balances for atomic energy defense activities (sec. 3143)

National Academy of Sciences study on peer review and design competition related to nuclear weapons (sec. 3144)

Report on defense nuclear nonproliferation programs (sec. 3145)

Study on reuse of plutonium pits (sec. 3146)

Assessment of nuclear weapon pit production requirement (sec. 3147)

Study on a multiagency governance model for national security laboratories (sec. 3148)

Report on efficiencies in facilities and functions of the National Nuclear Security Administration (sec. 3149)

Study on regional radiological security zones (sec. 3150)

Report on abandoned uranium mines (sec. 3151)

######

Subtitle F—American Medical Isotopes Production

Sec. 3171. Short title.

Sec. 3172. Definitions.

Sec. 3173. Improving the reliability of domestic medical isotope supply.

Sec. 3174. Exports.

Sec. 3175. Report on disposition of exports.

Sec. 3176. Domestic medical isotope production.

Sec. 3177. Annual Department reports.

Sec. 3178. National Academy of Sciences report.

######

SEC. 245. NATIONAL RESEARCH COUNCIL REVIEW OF DEFENSE SCIENCE AND TECHNICAL GRADUATE EDUCATION NEEDS.

(a) Review.—The Secretary of Defense shall enter into an agreement with the National Research Council to conduct a review of specialized degree-granting graduate programs of the Department of Defense in science, technology, engineering, mathematics, and management.

(b) Matters Included.—At a minimum, the review under subsection (a) shall address—

(1) the need by the Department of Defense and the military departments for military and civilian personnel with advanced degrees in science, technology, engineering, mathematics, and management, including a list of the numbers of such personnel needed by discipline;

(2) an analysis of the sources by which the Department of Defense and the military departments obtain military and civilian personnel with such advanced degrees;

(3) the need for educational institutions under the Department of Defense to meet the needs identified in paragraph (1);

(4) the costs and benefits of maintaining such educational institutions, including costs relating to in-house research;

(5) the ability of private institutions or distance-learning programs to meet the needs identified in paragraph (1);

(6) existing organizational structures, including reporting chains, within the military departments to manage the graduate education needs of the Department of Defense and the military departments in the fields described in paragraph (1); and

(7) recommendations for improving the ability of the Department of Defense to identify, manage, and source the graduate education needs of the Department in such fields.

(c) Report.—Not later than 30 days after the date on which the review under subsection (a) is completed, the Secretary shall submit to the congressional defense committees a report on the results of such review.

######

SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PROVIDED BY THE DEPARTMENT OF VETERANS AFFAIRS.

(a) Measurement of Mental Health Care Services.—

(1) IN GENERAL.—Not later than December 31, 2013, the Secretary of Veterans Affairs shall develop and implement a comprehensive set of measures to assess mental health care services furnished by the Department of Veterans Affairs.

(2) ELEMENTS.—The measures developed and implemented under paragraph (1) shall provide an accurate and comprehensive assessment of the following:

(A) The timeliness of the furnishing of mental health care by the Department.

(B) The satisfaction of patients who receive mental health care services furnished by the Department.

(C) The capacity of the Department to furnish mental health care.

(D) The availability and furnishing of evidence-based therapies by the Department.

(b) Guidelines for Staffing Mental Health Care Services.—Not later than December 31, 2013, the Secretary shall develop and implement guidelines for the staffing of general and specialty mental health care services, including at community-based outpatient clinics. Such guidelines shall include productivity standards for providers of mental health care.

(c) Study Committee.—

(1) IN GENERAL.—The Secretary shall seek to enter into a contract with the National Academy of Sciences to create a study committee—

(A) to consult with the Secretary on the Secretary’s development and implementation of the measures and guidelines required by subsections (a) and (b); and

(B) to conduct an assessment and provide an analysis and recommendations on the state of Department mental health services.

(2) FUNCTIONS.—In entering into the contract described in paragraph (1), the Secretary shall, with respect to paragraph (1)(B), include in such contract a provision for the study committee—

(A) to conduct a comprehensive assessment of barriers to access to mental health care by veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn;

(B) to assess the quality of the mental health care being provided to such veterans (including the extent to which veterans are afforded choices with respect to modes of treatment) through site visits to facilities of the Veterans Health Administration (including at least one site visit in each Veterans Integrated Service Network), evaluating studies of patient outcomes, and other appropriate means;

(C) to assess whether, and the extent to which, veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn are being offered a full range of necessary mental health services at Department health care facilities, including early intervention services for hazardous drinking, relationship problems, and other behaviors that create a risk for the development of a chronic mental health condition;

(D) to conduct surveys or have access to Department-administered surveys of—

(i) providers of Department mental health services;

(ii) veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn who are receiving mental health care furnished by the Department; and

(iii) eligible veterans who served in the Armed Forces in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn who are not using Department health care services to assess those barriers described in subparagraph (A); and

(E) to provide to the Secretary, on the basis of its assessments as delineated in subparagraphs (A) through (C), specific, detailed recommendations—

(i) for overcoming barriers, and improving access, to timely, effective mental health care at Department health care facilities (or, where Department facilities cannot provide such care, through contract arrangements under existing law); and

(ii) to improve the effectiveness and efficiency of mental health services furnished by the Secretary.

(3) PARTICIPATION BY FORMER OFFICIALS AND EMPLOYEES OF VETERANS HEALTH ADMINISTRATION.—The Secretary shall ensure that any contract entered into under paragraph (1) provides for inclusion on any subcommittee which participates in conducting the assessments and formulating the recommendations provided for in paragraph (2) at least one former official of the Veterans Health Administration and at least two former employees of the Veterans Health Administration who were providers of mental health care.

(4) PERIODIC REPORTS TO SECRETARY.—In entering into the contract described in paragraph (1), the Secretary shall, with respect to paragraph (1)(A), include in such contract a provision for the submittal to the Secretary of periodic reports and provision of other consultation to the Secretary by the study committee to assist the Secretary in carrying out subsections (a) and (b).

(5) REPORTS TO CONGRESS.—Not later than 30 days after receiving a report under paragraph (4), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the plans of the Secretary to implement such recommendations submitted to the Secretary by the study committee as the Secretary considers appropriate. Such report shall include a description of each recommendation submitted to the Secretary that the Secretary does not plan to carry out and an explanation of why the Secretary does not plan to carry out such recommendation.

(d) Publication.—

(1) IN GENERAL.—The Secretary shall make available to the public on an Internet website of the Department the following:

(A) The measures and guidelines developed and implemented under this section.

(B) An assessment of the performance of the Department using such measures and guidelines.

(2) QUARTERLY UPDATES.—The Secretary shall update the measures, guidelines, and assessment made available to the public under paragraph (1) not less frequently than quarterly.

(e) Semiannual Reports.—

(1) IN GENERAL.—Not later than June 30, 2013, and not less frequently than twice each year thereafter, the Secretary shall submit to the committees of Congress specified in subsection (c)(5) a report on the Secretary’s progress in developing and implementing the measures and guidelines required by this section.

(2) ELEMENTS.—Each report submitted under paragraph (1) shall include the following:

(A) A description of the development and implementation of the measures required by subsection (a) and the guidelines required by subsection (b).

(B) A description of the progress made by the Secretary in developing and implementing such measures and guidelines.

(C) An assessment of the mental health care services furnished by the Department, using the measures developed and implemented under subsection (a).

(D) An assessment of the effectiveness of the guidelines developed and implemented under subsection (b).

(E) Such recommendations for legislative or administrative action as the Secretary may have to improve the effectiveness and efficiency of the mental health care services furnished under laws administered by the Secretary.

(f) Implementation Report.—

(1) IN GENERAL.—Not later than 30 days before the date on which the Secretary begins implementing the measures and guidelines required by this section, the Secretary shall submit to the committees of Congress specified in subsection (c)(5) a report on the Secretary’s planned implementation of such measures and guidelines.

(2) ELEMENTS.—The report required by paragraph (1) shall include the following:

(A) A detailed description of the measures and guidelines that the Secretary plans to implement under this section.

(B) A description of the rationale for each measure and guideline the Secretary plans to implement under this section.

(C) A discussion of each measure and guideline that the Secretary considered under this section but chose not to implement.

(D) The number of current vacancies in mental health care provider positions in the Department.

(E) An assessment of how many additional positions are needed to meet current or expected demand for mental health services furnished by the Department.

######

SEC. 3144. NATIONAL ACADEMY OF SCIENCES STUDY ON PEER REVIEW AND DESIGN COMPETITION RELATED TO NUCLEAR WEAPONS.

(a) Study.—Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall enter into an agreement with the National Academy of Sciences to conduct a study of peer review and design competition related to nuclear weapons.

(b) Elements.—The study required by subsection (a) shall include an assessment of—

(1) the quality and effectiveness of peer review of designs, development plans, engineering and scientific activities, and priorities related to both nuclear and non-nuclear aspects of nuclear weapons;

(2) incentives for effective peer review;

(3) the potential effectiveness, efficiency, and cost of alternative methods of conducting peer review and design competition related to both nuclear and non-nuclear aspects of nuclear weapons, as compared to current methods;

(4) the known instances where current peer review practices and design competition succeeded or failed to find problems or potential problems; and

(5) such other matters related to peer review and design competition related to nuclear weapons as the Administrator considers appropriate.

(c) Cooperation and Access to Information and Personnel.—The Administrator shall ensure that the National Academy of Sciences receives full and timely cooperation, including full access to information and personnel, from the National Nuclear Security Administration and the management and operating contractors of the Administration for the purposes of conducting the study under subsection (a).

(d) Report.—

(1) IN GENERAL.—The National Academy of Sciences shall submit to the Administrator a report containing the results of the study conducted under subsection (a) and any recommendations resulting from the study.

(2) SUBMITTAL TO CONGRESS.—Not later than September 30, 2014, the Administrator shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report submitted under paragraph (1) and any comments or recommendations of the Administrator with respect to the report.

(3) FORM.—The report submitted under paragraph (1) shall be in unclassified form, but may include a classified annex.

######

SEC. 3148. STUDY ON A MULTIAGENCY GOVERNANCE MODEL FOR NATIONAL SECURITY LABORATORIES.

(a) Independent Assessment.—

(1) IN GENERAL.—The Administrator for Nuclear Security shall commission an independent assessment regarding the transition of the national security laboratories to multiagency federally funded research and development centers with direct sustainment and sponsorship by multiple national security agencies. The organization selected to conduct the independent assessment shall have recognized credentials and expertise in national security science and engineering laboratories.

(2) BACKGROUND MATERIAL.—The assessment shall leverage previous studies, including—

(A) the report published in 2009 by the Stimson Center titled “Leveraging Science for Security: A Strategy for the Nuclear Weapons Laboratories in the 21st Century”; and

(B) the Phase 1 report published in 2012 by the National Academy of Sciences titled “Managing for High-Quality Science and Engineering at the NNSA National Security laboratories”.

(3) ELEMENTS.—The assessment conducted pursuant to paragraph (1) shall include the following elements:

(A) An assessment of a new governance structure that—

(i) gives multiple national security agencies, including the Department of Defense, the Department of Homeland Security, the Department of Energy, and the intelligence community, direct sponsorship of the national security laboratories as federally funded research and development centers so that such agencies have more direct and rapid access to the assets available at the laboratories and the responsibility to provide sustainable support for the science and technology needs of the agencies at the laboratories;

(ii) reduces costs to the Federal Government for the use of the resources of the laboratories, while enhancing the stewardship of these national resources and maximizing their service to the Nation;

(iii) enhances the overall quality of the scientific research and engineering capability of the laboratories, including their ability to recruit and retain top scientists and engineers; and

(iv) maintains as paramount the capabilities required to support the nuclear stockpile stewardship and related nuclear missions.

(B) A recommendation as to which, if any, other laboratories associated with any national security agency should be included in the new governance structure.

(C) Options for implementing the new governance structure that minimize disruption of performance and costs to the government while rapidly achieving anticipated gains.

(D) Legislative changes and executive actions that would need to be made in order to implement the new governance structure.

(b) Report.—

(1) IN GENERAL.—Not later than January 1, 2014, the organization selected to conduct the independent assessment under subsection (a)(1) shall submit to the Administrator and the congressional defense committees a report that contains the findings of the assessment.

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(c) Definition.—In this section, the term “national security laboratory” has the meaning given that term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471).

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SEC. 3178. NATIONAL ACADEMY OF SCIENCES REPORT.

(a) In General.—The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study of the state of molybdenum-99 production and utilization, to be provided to Congress not later than 5 years after the date of enactment of this Act.

(b) Contents.—The report shall include the following:

(1) For molybdenum-99 production—

(A) a list of all facilities in the world producing molybdenum-99 for medical uses, including an indication of whether these facilities use highly enriched uranium in any way;

(B) a review of international production of molybdenum-99 over the previous 5 years, including—

(i) whether any new production was brought online;

(ii) whether any facilities halted production unexpectedly; and

(iii) whether any facilities used for production were decommissioned or otherwise permanently removed from service; and

(C) an assessment of progress made in the previous 5 years toward establishing domestic production of molybdenum-99 for medical uses, including the extent to which other medical isotopes that have been produced with molybdenum-99, such as iodine-131 and xenon-133, are being used for medical purposes.

(2) An assessment of the progress made by the Department and others to eliminate all worldwide use of highly enriched uranium in reactor fuel, reactor targets, and medical isotope production facilities.

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National Research Council review of defense science and technical graduate education needs (sec. 245)

The House bill contained a provision (sec. 242) that would direct the Department of Defense (DOD) to have the National Research Council conduct a review of specialized degree-granting graduate programs in the Department in engineering, applied sciences, and management.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that clarifies the scope of the subjects of the review.

The conferees recognize that fostering and increasing the science, technology, engineering, mathematics, and technology management skills of the DOD workforce is an ongoing challenge. The conferees look forward to discussing these challenges with the Department as the terms of reference for this effort are developed.

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Travel and transportation allowances for non-medical attendants for members receiving care in a residential treatment program

The House bill contained a provision (sec. 621) that would authorize travel and transportation allowances for qualified non-medical attendants for members receiving care in a residential treatment program if the attending health care professional or hospital commander deems that participation in treatment by the non-medical attendant is essential to the treatment of the member.

The Senate amendment contained no similar provision.

The House recedes.

The conferees have been informed that the Department of Defense is revising its Military Health System policies and the TRICARE benefit for substance use disorder treatment in response to the findings of an internal review conducted last year and the recent Institute of Medicine (IOM) Study on “Substance Use Disorders in the U.S. Armed Forces” made publicly available on September 17, 2012. Changes to the TRICARE benefit with respect to intensive outpatient and office-based services are currently under internal review and coordination.

Regarding intensive outpatient services, the conferees have been informed that the TRICARE Management Activity (TMA) has issued a regulatory clarification to managed care support contractors on the scope of the partial hospitalization program (PHP) benefit, allowing for the reimbursement of PHP services, defined as a time-limited, ambulatory, active-treatment program that offers therapeutically intensive, coordinated, and structured clinical services within a stable therapeutic environment. Full-day, half-day, evening, and weekend programs may be included. The conferees have also been informed that TRICARE now allows for the reimbursement of half-day partial hospitalization, defined as treatment of a minimum of 3 hours per day but less than 6 hours per day. These two regulatory clarifications allow for PHP services to be provided less than 5 days per week or for 3 hours per day, which TRICARE refers to as half-day partial hospitalization, but may also be called “intensive outpatient” care at facilities providing such outpatient services.

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National Academy of Sciences study on peer review and design competition related to nuclear weapons (sec. 3144)

The House bill contained a provision (sec. 3143) that would require the Administrator for Nuclear Security to enter into an agreement with the National Academies of Science to conduct a study of peer review and design competition related to nuclear weapons. The Administrator would be required to ensure the National Academies receives full and timely cooperation from the National Nuclear Security Administration and its contractors for the purposes of conducting the study. The Administrator would be required to submit the report and any recommendations of the National Academies, together with any comments or recommendations, to the congressional defense committees by December 15, 2014.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would change the due date for the report to Congress to no later than September 30, 2014.

The conferees direct the Administrator to ensure that the agreement with the National Academy of Sciences is conducted in the most cost-effective manner possible.

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Section 3158 would require the National Academy of Sciences to study the state of MO-99 production and use not later than 5 years after the date of enactment of this Act.

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LEGISLATIVE PROVISIONS NOT ADOPTED

Contractor governance, oversight, and accountability

The House bill contained a provision (sec. 3113) that would require the Administrator for Nuclear Security to establish a reformed system of governance, management, and oversight of the National Nuclear Security Administration (NNSA). The House bill also contained a provision (sec. 3115) that would require the Administrator to establish policies and procedures for the regulation and oversight of health, safety, and security of the nuclear security enterprise. Lastly, the House bill also contained a provision (sec. 3133) that would clarify the role of the Administrator and reinforce the semi-autonomous nature of the NNSA.

The Senate amendment contained a provision (sec. 3131) that would require the Secretary of Energy to submit a report to the congressional defense committees on the actions required to transition, to the maximum extent practicable, the regulation of non-nuclear operations of the NNSA to federal agencies other than the Department of Energy (DOE). The Senate amendment also contained a provision (sec. 3161) that would express a sense of Congress regarding any efforts to reform oversight of the nuclear security enterprise.

The conference agreement does not include these provisions.

The conferees emphasize that there is widespread recognition that the current system for governance, management, and oversight of the nuclear security enterprise is broken. For instance, in 2009 the bipartisan Congressional Commission on the Strategic Posture of the United States found that “the governance structure of the NNSA is not delivering the needed results. This governance structure should be changed.” The Commission elaborated, saying, “The NNSA was formed to improve management of the weapons program and to shelter that program from what was perceived as a welter of confusing and contradictory DOE directives, policies, and procedures. Despite some success, the NNSA has failed to meet the hopes of its founders. Indeed, it may have become part of the problem, adopting the same micromanagement and unnecessary and obtrusive oversight that it was created to eliminate.” The Commission concluded “it is time to consider fundamental changes.” Recent studies by the Henry L. Stimson Center (“Leveraging Science for Security”), the National Academies of Science (“Managing for High-Quality Science and Engineering at the NNSA National Security Laboratories” and “The Comprehensive Nuclear Test Ban Treaty—Technical Issues for the United States”) and other objective, bipartisan groups have reached similar conclusions.

The conferees share the concerns expressed by these myriad groups, and believe the status quo is not working and must not be continued. The weaknesses of the current system, including an overly bureaucratic system, weak accountability, ineffective oversight, insufficient program and budget expertise, and poor contract management have been repeatedly demonstrated—including by recent high-profile failures such as the July 2012 security breach at the Y-12 National Security Complex. These incidents prove that a deeply bureaucratic system is no guarantee of health, safety, and security—and may in fact jeopardize health, safety, and security.

Furthermore, the conferees believe that the current system is not delivering the results required by the military and by the taxpayer. The cost of major stockpile and infrastructure modernization projects has risen to unprecedented levels due, in part, to the overwhelming bureaucracy within the system. Further slippage in project schedules is unacceptable, and could undermine the credibility of the nation’s nuclear deterrent. Administrative costs within the NNSA and the nuclear security enterprise must be reduced and the enterprise must be refocused on accomplishing its mission effectively and efficiently, as well as safely and securely.

The conferees expect the advisory panel that would be created elsewhere in this Act to provide a bipartisan solution to fix this system. The conferees expect the advisory panel would provide actionable recommendations that directly address the host of systemic problems identified by previous studies and by the conferees. The conferees believe changes on the margins are not a solution.

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