MAY 1, 2015 RULES COMMITTEE PRINT 114-14

TEXT OF H.R. 1735, NATIONAL DEFENSE

AUTHORIZATION ACT FOR FISCAL YEAR 2016

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Committee on Armed Services.]

SECTION 1. SHORT TITLE.

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This Act may be cited as the ‘‘National Defense Au-

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thorization Act for Fiscal Year 2016’’.

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SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

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CONTENTS.

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(a) DIVISIONS.—This Act is organized into four divi-

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sions as follows:

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(1) Division A—Department of Defense Au-

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thorizations.

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(2) Division B—Military Construction Author-

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izations.

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(3) Division C—Department of Energy Na-

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tional Security Authorizations and Other Authoriza-

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tions. 14

(4) Division D—Funding Tables.

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(b) TABLE OF CONTENTS.—The table of contents for

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this Act is as follows:

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Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents.

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In This Issue: 1 POGO’s Roadmap for Congressional Oversight 2 Director’s Letter 3 Stronger Oversight of Foreign Lobbying Needed 3 MacLean Wins! 4 New Leadership for POGO’s Defense Work... 4 ...and More New Staff 5 Helping Congress...and More New Staff 6 Changes Coming for POGO Newsletter Subscriptions

PROJECT ONGOVERNMENT OVERSIGHT

Exposing Corruption. Exploring Solutions. www.POGO.org

January-June 2015: Vol. 19, Issue 1

POGO’s Roadmap for the 114th Congress: A “Baker’s Dozen” of Suggested Reforms

As the 114th Congress settled in to DC, POGO submitted a Baker’s Dozen of oversight and reform priorities that Members should

consider over the next two years. The list of thirteen issues covers many systemic problems that have plagued the federal government for far too long, and suggests legislative fixes that would address these problem areas. If implemented, these recommendations would save billions of taxpayer dollars and help the country achieve a more effective, accountable, open, and ethical federal government—one that is truly responsive to the needs of its citizens.

While POGO’s origin as a Pentagon watchdog is clear in the numerous recommendations addressing military management and spending, its broader mission to slash waste, fraud, and abuse in the rest of the federal government shines through as well. Most of the priorities we chose to highlight are rooted in POGO’s investigations and reports, such as “Increasing Transparency of Outside Influence on the Government,” “Making Federal Watchdogs More Independent and Accountable,” and “Addressing the Problems and Loopholes in the Foreign Agents Registration Act” (which you’ll read more about on page 3). Others are more broadly based on general changes that would increase the effectiveness and transparency of the federal government, such as “Bringing Increased Transparency and Oversight to the Legal Interpretations Used by the Executive Branch,” “Stopping Wasteful National Security Spending,” and “Closing Dangerous Loopholes that Leave Federal Contractors and Employees Without Adequate Protections.”

Since publishing this report, congressional offices have been reaching out to POGO for briefings on these issues and to explore the solutions together, and a number of our recommendations are being reflected in new legislation. There is definitely interest in meaningful change on Capitol Hill; in addition to our reports and blogs, this Baker’s Dozen is just one tool that POGO has created to facilitate that change.

To learn more about our recommendations, visit http://www.getinvolved.pogo.org/bakersdozen. ■

Dear Friends,

This year, POGO has been working harder than ever to make the government work better. This is a tall order for a nonprofit with limited resources, but with your help we have been able to make a difference.

In this issue, you will learn about our new Congressional Oversight Initiative, a project that builds on our congressional training program, which we have been conducting for nearly a decade. Through this initiative, we will work to improve Capitol Hill’s ability and willingness to conduct effective, bipartisan oversight. The article will also introduce you to Justin Rood, who we were privileged to hire to help expand this work.

I also want to draw your attention to POGO’s roadmap for the 114th Congress, which outlines our oversight and reform priorities for the new Congress. The priorities include recommendations on everything from how to stop wasteful Pentagon spending to how to improve open government and transparency. Liz Hempowicz, who you will also meet in this issue, is coordinating our efforts on these priorities.

Last but not least we are continuing our Pentagon oversight and have a new Director and a new analyst—Mandy Smithberger and Jacob Marx, respectively—to help with that effort. With their help, we’ll be better able to hold the Pentagon’s proverbial feet to the fire.

This is truly an exciting time at POGO, and we’re thrilled to have you standing with us.

All the best,

Danielle Brian, Executive Director

Letter from the Executive Director

StaffDanielle Brian, Executive DirectorScott Amey, General CounselLydia Dennett, InvestigatorDanni Downing, Editor & CTP DirectorAbby Evans, Donor Relations ManagerNed Feder, M.D., Staff ScientistAndre Francisco, Online ProducerNeil Gordon, InvestigatorLiz Hempowicz, Public Policy AssociateDavid Hilzenrath, Editor-in-ChiefLynn Mandell, Finance ManagerJacob Marx, Defense Budget AnalystJohanna Mingos, Data SpecialistJoe Newman, Director of CommunicationsChris Pabon, Director of DevelopmentJustin Rood, Congressional Oversight Initiative DirectorKeith Rutter, Chief Operations Officer & CFOPam Rutter, Web ManagerMichael Smallberg, InvestigatorMandy Smithberger, Director of the CDI Straus Military Reform ProjectMia Steinle, InvestigatorPeter Stockton, Senior InvestigatorAdam Zagorin, Journalist-in-ResidencePhil Shaverdian, Intern

Board of DirectorsDavid Hunter, ChairLisa Baumgartner Bonds, Vice ChairDina Rasor, Treasurer

Ryan AlexanderHenry BantaDavid BurnhamMichael CavalloAndrew CockburnMickey EdwardsJanine JaquetDebra KatzMorton MintzNithi VivatratAnne ZillCharles Hamel, Board Emeritus

2 ■ Vol. 19, Issue 1

Vol. 19, Issue 1 ■ 3

Supreme Court Rules in Favor of Fired Air Marshal

In January, the U.S. Supreme Court ruled 7-2 that Robert MacLean, a former U.S. Air Marshal, did not break the law when he blew the whistle

on the federal government’s plan to reduce security on some long-distance flights. The victory for MacLean upholds a lower court decision in a decade-long legal fight that started after his supervisors at the Transportation Security Administration (TSA) retaliated against him for exposing a plan in 2003 to remove air marshals from some flights in order to save money. The cutbacks were planned at a time when the government was aware of a looming terrorist hijacking plot. “Robert MacLean took a courageous stand and put the safety of the flying public above his own career. We’re thrilled that justice has finally prevailed,” POGO Executive Director Danielle Brian said. At the crux of the case was a TSA text message that MacLean received announcing the cutbacks and which he subsequently forwarded to an MSNBC reporter. The text message, which had not been labeled sensitive, was retroactively classified by the TSA. POGO, which has long advocated on MacLean’s behalf, filed an amicus brief with the Supreme Court that argued MacLean had the constitutional right to warn the public about the danger to its safety. Although this win is great news, MacLean’s legal fight is not over. The ruling means that the Merit Systems Protection Board, which had earlier ruled that MacLean did not qualify for whistleblower protections, will now have to hear the case on its merits. ■

Foreign Lobbying Needs Stronger Oversight

A federal law that tracks lobbyists working for foreign interests suffers from lax enforcement, sloppy record keeping, and glaring loopholes,

a POGO investigation found. The Foreign Agents Registration Act (FARA) requires American lobbyists working for foreign governments, companies, or individuals to register with the Department of Justice and provide detailed information about their work for those clients. But the lobbyists frequently fail to do so, and the Justice Department frequently fails to follow up. The FARA requires these lobbyists to file within 48 hours any documents, called informational materials, used to influence policymakers if they were sent to two or more people. POGO obtained and examined the informational materials filed between 2009 and 2012 and made them electronically available for the first time through an easily searchable database (www. pogo.org/tools-and-data/foreign-influence-database). These documents include everything from draft legislation and speeches to press releases and email correspondence. POGO’s analysis of these materials found that some lobbyists have regularly failed to follow the law, and that the Justice Department has been lax in its enforcement. For example, POGO reviewed all of the documents filed in 2012 to determine how many lobbyists filed their materials within the 48 hours required and found that, in a quarter of those filings, it was impossible to determine whether the lobbyists complied with the 48-hour deadline because the Act does not require lobbyists to provide information on when the materials were originally sent to policymakers. In the instances in which it was possible to make a determination, POGO estimates that almost half—46 percent—of the documents filed in 2012 were filed late. This failure to enforce the deadline prevents journalists and watchdogs from viewing the lobbying activities at the time foreign interests are trying to influence U.S. policy. POGO offered recommendations for improving Justice Department oversight of FARA compliance, including increasing the amount of information lobbyists are required to file and allowing the Department to levy civil fines against law-breakers. ■

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Vol. 19, Issue 1 ■ 4

POGO Hires New Straus Military Reform Director

Mandy Smithberger has returned to POGO as the Director of the Straus Military Reform Project at POGO’s Center for Defense Information (CDI). Mandy was previously the

senior legislative assistant/investigator for Representative Jackie Speier (D-CA). While there, she worked on passing key provisions of the Military Whistleblower Protection Enhancement Act into law, such as increasing the level of Inspector General review for complaints, requiring timely action on findings of reprisal, and increasing the time whistleblowers have to report reprisals. She also worked on amendments to the National Defense Authorization Act that required closer scrutiny of the Littoral Combat Ship program’s deficiencies. Mandy, who has a master’s degree in Strategic Studies and International Economics from Johns Hopkins University’s School of Advanced International Studies, also served as an analyst at the Defense Intelligence Agency and U.S. Central Command. As the new head of the Straus Military Reform Project, Mandy plans to continue the great work of her predecessor, Winslow Wheeler, assessing waste in the national security budget, investigating and exposing any deficiencies in the F-35 program, and demonstrating the continued need for the A-10 to protect our ground troops. She also looks forward to reviving CDI’s Military Advisory Board and creating a DoD Revolving Door Database. Mandy previously worked at POGO as a National Security Investigator, probing integrity concerns at the Defense Contract Audit Agency, insufficient testing for major defense acquisition programs, and the revolving door between the Department of Defense and the defense industry. She also received the Society of Professional Journalists’ national Sunshine Award for contributions in the area of open government for her investigation into the Interior Department’s Minerals Management Service’s mismanagement of royalty collections and cozy relationships with the oil and gas industry. Mandy was also an intern at POGO and worked with staff to expose conflicts of interest in the assessment of the decision for multiyear procurement of the F-22, which resulted in legislative reform and the removal of the president of the Institute for Defense Analyses. ■

POGO Expands Analysis and Policy Capabilities

POGO welcomes Liz Hempowicz, our new Public Policy Associate. Liz came to POGO in August 2014 after graduating from American University, Washington College of

Law. She previously worked at The Constitution Project, the Electronic Privacy Information Center, and the Center for Effective Government. Her background is in open government advocacy, with a particular interest in the Freedom of Information Act (FOIA). Since coming to POGO, Liz has worked on all of POGO’s programs, from enhancing whistleblower protections in the federal government, to FOIA reform, to opening the Senate National Defense Authorization Act process to the public. Liz serves as a link that connects POGO’s investigative work and proposed solutions to the policymakers who have the power to implement the good-government changes. Also new to POGO is Jacob Marx. Jacob joins POGO as our Defense Budget Analyst after internships at the Center for International Policy and Ploughshares Fund, where he worked primarily on naval and nuclear weapons policy. He will continue working on these issues at POGO, and assist with POGO’s other Pentagon budget and reform priorities. Areas of special interest include the Long Range Strike Bomber and small surface combatants such as the Littoral Combat Ship. Jacob is also on the team developing The Paper Trail, a new newsletter from POGO’s Congressional Oversight Initiative that provides legislative staff and others with a roundup of top oversight news. Both Liz and Jacob are excited to be on board and look forward to contributing to POGO’s mission. ■

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Vol. 19, Issue 1 ■ 5

POGO Expands Its Congressional Oversight Work

POGO is thrilled to announce our new Congressional Oversight Initiative. The

nonpartisan initiative is dedicated to improving the quality of congressional oversight by offering trainings, an expert network of veteran former investigators, and hundreds of informational resources for congressional oversight staff. It is designed to work around the current polarization by bringing Democratic and Republican staff together for trainings and other events, a role for which POGO is uniquely suited. The Initiative expands on POGO’s Congressional Training Program, which has trained nearly 1,000 Hill staffers since its inception in 2006, and has alumni who range from interns to Chiefs of Staff. Attendance at POGO’s seminars are even mandated by some committee staff directors. Part of the reason for this success: speaker panels are bipartisan and feature experienced investigators from both chambers of Congress and across federal agencies who care about enhancing the capacity and effectiveness of the institution of Congress. Despite the program’s success in training individual staffers, it has become clear in recent years that we needed to attack the broader institutional problem of the decline of meaningful and impactful oversight. Preventing government waste, fraud, and abuse starts with reclaiming congressional oversight. The Initiative will address this problem by combining the Congressional Training Program’s proven monthly seminars and resources with opportunities for meaningful relationship building between congressional staff, working in partnership with other organizations to provide more in-depth bipartisan trainings, and sending out a roundup of oversight news, events, and reports to interested congressional staffers and others.

POGO has been a resource for Congress—providing nonpartisan research and recommendations—for over 33 years. We want to see Congress re-establish its institutional role, beginning with a renewed commitment to bipartisan oversight. We are in the fortunate position of being seen by staffers from both sides of the aisle as an organization that can help in this endeavor. To help us with the Initiative, POGO has brought Justin Rood on board as its Director. Justin’s background as an investigator in and out of government makes him especially qualified to lead the Initiative. He previously worked for Senator Tom Coburn (R-OK) on the Homeland Security and Governmental Affairs Committee as director of investigations on homeland security matters. Prior to that, he worked as Senator Coburn’s senior investigator on the Permanent Subcommittee on Investigations, Minority Staff. There, Justin led an investigation into domestic intelligence fusion centers, finding them “pools of ineptitude,

waste, and civil liberties intrusions,” in the words of The Washington Post’s front-page coverage of the report. Before joining Senator Coburn’s staff, Justin was an award-winning investigative producer and reporter with ABC News and other outlets. At ABC, Justin helped uncover the D.C. Madam scandal, which led to a number of resignations including that of Deputy Secretary of State Randall Tobias. In 2006, while at Talking Points Memo, Justin was part of a two-person reporting/blogging team that broke the story about the Bush Administration dismissing seven U.S. Attorneys during a midterm purge. The story earned Talking Points Memo a Polk Award. Justin is also a 2015 non-resident fellow with the Yale Law School’s Information Society Project. ■

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Mission StatementThe Project On Government Oversight is a nonpartisan independent watchdog that champions good government reforms. POGO’s investigations into corruption, misconduct, and conflicts of interest achieve a more effective, accountable, open, and ethical federal government.

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PROJECT ON GOVERNMENT OVERSIGHT

Dear Friends, POGO has long thought it important to get our news out to anyone and everyone who was

interested, regardless of whether or not they were donors. Unfortunately, economic realities

mean that we can no longer sustain doing this. As of January next year, we’ll be narrowing

our mailing list to only those who have donated in the past three years. If you would like to

continue receiving the newsletter, you can use the enclosed envelope or go to www.pogo.org

to contribute. If you aren’t in a position to do so, or would just rather read an electronic

version, we also post the newsletter on our website (http://www.pogo.org/our-work

newsletters/) and link to them in our weekly email, The Weekly Reader. If you have any

questions or concerns, please contact Ms. Danni Downing at danni@pogo.org or

(202) 347-1122. Thank you for your understanding.