I 

114TH CONGRESS 

1ST SESSION H. R. 1735 

To authorize appropriations for fiscal year 2016 for military activities of 

the Department of Defense and for military construction, to prescribe 

military personnel strengths for such fiscal year, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2015 

Mr. THORNBERRY (for himself and Mr. SMITH of Washington) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To authorize appropriations for fiscal year 2016 for military 

activities of the Department of Defense and for military 

construction, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2016’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 1735 IH

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

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into two divi4 sions as follows: 

5 (1) Division A—Department of Defense Au6 thorizations. 

7 (2) Division B—Military Construction Author8 izations. 

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

10 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

TITLE I—PROCUREMENT 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Multiyear procurement authority for Standard Missile-3 Block IB 

guided missiles. 

Sec. 106. Availability of Air Force procurement funds for certain commercialoff-the-shelf parts for intercontinental ballistic missile fuzes. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 201. Authorization of appropriations. 

Sec. 202. Repeal of requirement for initial operating capability of a conventional long-range standoff weapon before retirement of the conventionally Armed AGM–86 Missile. 

TITLE III—OPERATION AND MAINTENANCE 

Sec. 301. Operation and maintenance funding. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 1735 IH

Sec. 414. Fiscal year 2016 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle E—Other Matters 

Sec. 545. Required provision of preseparation counseling. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain expiring bonus and special pay authorities. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Program fraud civil remedies statute for the Department of Defense 

and the National Aeronautics and Space Administration. 

Sec. 802. Improvements to the operation of the Defense Acquisition Workforce 

Development Fund. 

Subtitle B—Amendments to General Contract Authorities, Procedures, and 

Limitations 

Sec. 811. Revision to method of rounding of acquisition-related dollar thresholds when adjusting for inflation. 

Sec. 812. Extension of authority to acquire products and services produced in 

countries along a major route of supply to Afghanistan. 

Sec. 813. Exception to requirement to include cost or price to the Government 

as a factor in the evaluation of proposals for certain task or 

delivery order contracts. 

Subtitle C—Acquisition Reform Proposals 

Sec. 821. Modification to requirements relating to determination of contract 

type for major development programs. 

Sec. 822. Repeal of requirement for stand-alone manpower estimates for major 

defense acquisition programs. 

Sec. 823. Revision of Milestone Decision Authority responsibilities for major defense acquisition programs. 

Sec. 824. Streamlining of requirements relating to defense business systems. 

Sec. 825. Revision to life-cycle management and product support requirements. 

Sec. 826. Acquisition strategy required for each major defense acquisition program. 

Sec. 827. Revision to requirements relating to risk reduction in development of 

major defense acquisition programs. 

Subtitle D—Other Matters 

Sec. 831. Extension of the Department of Defense mentor-prote ́ge ́e pilot program. 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•HR 1735 IH

Sec. 832. Streamlining of reporting requirements applicable to Assistant Secretary of Defense for Research and Engineering regarding 

major defense acquisition programs. 

Sec. 833. Revision to required distribution of assistance under Procurement 

Technical Assistance Cooperative Agreement Program. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Sec. 901. Change of period for Chairman of the Joint Chiefs of Staff review 

of the unified command plan to not less than every four years. 

Sec. 902. Update of statutory specification of functions of the chairman of the 

Joint Chiefs of Staff relating to advice on requirements, programs, and budget. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Enhancement of interagency support during contingency operations 

and transition periods. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Extension of authority for reimbursement of expenses for certain 

Navy mess operations afloat. 

Sec. 1022. Refueling and complex overhaul of Nimitz-class aircraft carriers. 

Subtitle D—Other Matters 

Sec. 1041. Transfer of functions of the Veterans’ Advisory Board on Dose Reconstruction to the Secretaries of Veterans Affairs and Defense. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a 

combat zone. 

Sec. 1102. Authority to provide additional allowances and benefits for defense 

clandestine service employees. 

Sec. 1103. Extension of rate of overtime pay for Department of the Navy employees performing work aboard or dockside in support of the 

nuclear-powered aircraft carrier forward deployed in Japan. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Sec. 1201. Extension of authority to support operations and activities of the 

Office of Security Cooperation-Iraq. 

Sec. 1202. Extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1203. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. 

Sec. 1204. Authority for acceptance and use of contributions from Kuwait for 

certain mutually beneficial projects. 

Sec. 1205. Extension of commanders’ emergency response program in Afghanistan. 


rfrederick on DSK6VPTVN1PROD with BILLS
5 

•HR 1735 IH

Sec. 1206. Increase in thresholds for definition of major defense equipment for 

purposes of Arms Export Control Act. 

Sec. 1207. Maintenance of prohibition on procurement by Department of Defense of communist Chinese-origin items that meet the definition of goods and services controlled as munitions items when 

moved to the ‘‘600 series’’ of the commerce control list. 

Sec. 1208. Modification of global lift and sustain to support partners and allies. 

Sec. 1209. Reimbursements for certain counterinsurgency, counterterrorism 

and stabilization operations carried out by Pakistan. 

Sec. 1210. NATO Special Operations Headquarters. 

Sec. 1211. Afghanistan Security Forces Fund. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. Joint urgent operational needs fund. 

Sec. 1403. Chemical agents and munitions destruction, Defense. 

Sec. 1404. Drug interdiction and counter-drug activities, Defense-wide. 

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense health program. 

Subtitle B—Other Matters 

Sec. 1411. Authority for transfer of funds to joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration 

Fund for Captain James A. Lovell Health Care Center, Illinois. 

Sec. 1412. Authorization of appropriations for Armed Forces Retirement 

Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OVERSEAS CONTINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. Research, development, test, and evaluation. 

Sec. 1508. Operation and maintenance. 

Sec. 1509. Military personnel. 

Sec. 1510. Working capital funds. 

Sec. 1511. Defense health program. 

Sec. 1512. Drug interdiction and counter-drug activities, Defense-wide. 

Sec. 1513. Defense Inspector General. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Sec. 2801. Change in authorities relating to scope of work variations for military construction projects. 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•HR 1735 IH

Sec. 2802. Enhanced authority to carry out emergency military construction 

projects when necessary to support requirements of combatant 

commanders. 

Sec. 2803. Annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities. 

1 TITLE I—PROCUREMENT 

2 SEC. 101. ARMY. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2016 for procurement for the Army as follows: 

5 (1) For aircraft, $5,689,357,000. 

6 (2) For missiles, $1,419,957,000. 

7 (3) For weapons and tracked combat vehicles, 

8 $1,887,073,000. 

9 (4) For ammunition, $1,233,378,000. 

10 (5) For other procurement, $5,899,028,000. 

11 SEC. 102. NAVY AND MARINE CORPS. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2016 for procurement for the Navy and Marine 

14 Corps as follows: 

15 (1) For aircraft, $16,126,405,000. 

16 (2) For weapons, including missiles and tor17 pedoes, $3,154,154,000. 

18 (3) For ammunition procurement, Navy and 

19 Marine Corps, $723,741,000. 

20 (4) For shipbuilding and conversion, 

21 $16,597,457,000. 

22 (5) For other procurement, $6,614,715,000. 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•HR 1735 IH

1 (6) For procurement, Marine Corps, 

2 $1,131,418,000. 

3 SEC. 103. AIR FORCE. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2016 for procurement for the Air Force as fol6 lows: 

7 (1) For aircraft, $15,657,769,000. 

8 (2) For missiles, $2,987,045,000. 

9 (3) For space procurement, $2,584,061,000. 

10 (4) For ammunition, $1,758,843,000. 

11 (5) For other procurement, $18,272,438,000. 

12 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2016 for Defense-wide procurement in the 

15 amount of $5,130,853,000. 

16 SEC. 105. MULTIYEAR PROCUREMENT AUTHORITY FOR 

17 STANDARD MISSILE-3 BLOCK IB GUIDED MIS18 SILES. 

19 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

20 Subject to section 2306b of title 10, United States Code, 

21 the Secretary of Defense may enter into one or more 

22 multiyear contracts, beginning with the fiscal year 2016 

23 program year, for the procurement of Standard Missile24 3 Block IB guided missiles. 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•HR 1735 IH

1 (b) AUTHORITY FOR ADVANCE PROCUREMENT.—The 

2 Secretary may enter into one or more contracts for ad3 vance procurement associated with the SM–3 Block IB 

4 missiles for which authorization to enter into a multiyear 

5 procurement contract is provided under subsection (a). 

6 (c) CONDITION FOR OUT-YEAR CONTRACT PAY7 MENTS.—A contract entered into under subsection (a) 

8 shall provide that any obligation of the United States to 

9 make a payment under the contract for a fiscal year after 

10 fiscal year 2016 is subject to the availability of appropria11 tions for that purpose for such later fiscal year. 

12 SEC. 106. AVAILABILITY OF AIR FORCE PROCUREMENT 

13 FUNDS FOR CERTAIN COMMERCIAL-OFF-THE14 SHELF PARTS FOR INTERCONTINENTAL BAL15 LISTIC MISSILE FUZES. 

16 (a) AVAILABILITY OF PROCUREMENT FUNDS.—Not17 withstanding section 1502(a) of title 31, United States 

18 Code, of the amount authorized to be appropriated for fis19 cal year 2016 by section 103 for Missile Procurement, Air 

20 Force, $13,700,000 shall be available for the procurement 

21 of covered parts pursuant to contracts entered into under 

22 section 1645 of the Carl Levin and Howard P. ‘‘Buck’’ 

23 McKeon National Defense Authorization Act for Fiscal 

24 Year 2015 (Public Law 113–291; 128 Stat. YYY). 


rfrederick on DSK6VPTVN1PROD with BILLS
9 

•HR 1735 IH

1 (b) COVERED PARTS DEFINED.—In this section, the 

2 term ‘‘covered parts’’ has the meaning given that term in 

3 section 1645(c) of such Act. 

4 TITLE II—RESEARCH, DEVELOP5 MENT, TEST, AND EVALUA6 TION 

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

8 Funds are hereby authorized to be appropriated for 

9 fiscal year 2016 for the use of the Department of Defense 

10 for research, development, test, and evaluation as follows: 

11 (1) For the Army, $6,924,959,000. 

12 (2) For the Navy, $17,885,916,000. 

13 (3) For the Air Force, $26,473,669,000. 

14 (4) For Defense-wide activities, 

15 $18,329,861,000. 

16 (5) For the Director of Operational Test and 

17 Evaluation, $170,558,000. 

18 SEC. 202. REPEAL OF REQUIREMENT FOR INITIAL OPER19 ATING CAPABILITY OF A CONVENTIONAL 

20 LONG-RANGE STANDOFF WEAPON BEFORE 

21 RETIREMENT OF THE CONVENTIONALLY 

22 ARMED AGM–86 MISSILE. 

23 Section 217(a)(1) of the National Defense Authoriza24 tion Act for Fiscal Year 2014 (Public Law 113–66; 127 

25 Stat. 706) is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•HR 1735 IH

1 (1) by striking subparagraph (A); 

2 (2) in subparagraph (B), by striking ‘‘and’’; 

3 (3) by redesignating subparagraph (B) as sub4 paragraph (A); and 

5 (4) by inserting after subparagraph (A), as so 

6 redesignated, the following new subparagraph (B): 

7 ‘‘(B) is capable of being modified to carry 

8 a conventional warhead; and’’. 

9 TITLE III—OPERATION AND 

10 MAINTENANCE 

11 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2016 for the use of the Armed Forces and other 

14 activities and agencies of the Department of Defense for 

15 expenses, not otherwise provided for, for operation and 

16 maintenance, in amounts as follows: 

17 (1) For the Army, $35,107,546,000. 

18 (2) For the Navy, $42,200,756,000. 

19 (3) For the Marine Corps, $6,228,782,000. 

20 (4) For the Air Force, $38,191,929,000. 

21 (5) For Defense-wide activities, 

22 $32,440,843,000. 

23 (6) For the Army Reserve, $2,665,792,000. 

24 (7) For the Navy Reserve, $1,001,758,000. 


rfrederick on DSK6VPTVN1PROD with BILLS
11 

•HR 1735 IH

1 (8) For the Marine Corps Reserve, 

2 $277,036,000. 

3 (9) For the Air Force Reserve, $3,064,257,000. 

4 (10) For the Army National Guard, 

5 $6,717,977,000. 

6 (11) For the Air National Guard, 

7 $6,956,210,000. 

8 (12) For the United States Court of Appeals 

9 for the Armed Forces, $14,078,000. 

10 (13) For the Department of Defense Acquisi11 tion Workforce Development Fund, $84,140,000. 

12 (14) For Environmental Restoration, Army, 

13 $234,829,000. 

14 (15) For Environmental Restoration, Navy, 

15 $292,453,000. 

16 (16) For Environmental Restoration, Air Force, 

17 $368,131,000. 

18 (17) For Environmental Restoration, Defense19 wide, $8,232,000. 

20 (18) For Environmental Restoration, Formerly 

21 Used Defense Sites, $203,717,000. 

22 (19) For Overseas Humanitarian, Disaster, and 

23 Civic Aid programs, $100,266,000. 

24 (20) For Cooperative Threat Reduction pro25 grams, $358,496,000. 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•HR 1735 IH

1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2016, as follows: 

7 (1) The Army, 475,000. 

8 (2) The Navy, 329,200. 

9 (3) The Marine Corps, 184,000. 

10 (4) The Air Force, 317,000. 

11 Subtitle B—Reserve Forces 

12 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

13 (a) IN GENERAL.—The Armed Forces are authorized 

14 strengths for Selected Reserve personnel of the reserve 

15 components as of September 30, 2016, as follows: 

16 (1) The Army National Guard of the United 

17 States, 342,000. 

18 (2) The Army Reserve, 198,000. 

19 (3) The Navy Reserve, 57,400. 

20 (4) The Marine Corps Reserve, 38,900. 

21 (5) The Air National Guard of the United 

22 States, 105,500. 

23 (6) The Air Force Reserve, 69,200. 

24 (7) The Coast Guard Reserve, 7,000. 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•HR 1735 IH

1 (b) END STRENGTH REDUCTIONS.—The end 

2 strengths prescribed by subsection (a) for the Selected Re3 serve of any reserve component shall be proportionately 

4 reduced by— 

5 (1) the total authorized strength of units orga6 nized to serve as units of the Selected Reserve of 

7 such component which are on active duty (other 

8 than for training) at the end of the fiscal year; and 

9 (2) the total number of individual members not 

10 in units organized to serve as units of the Selected 

11 Reserve of such component who are on active duty 

12 (other than for training or for unsatisfactory partici13 pation in training) without their consent at the end 

14 of the fiscal year. 

15 (c) END STRENGTH INCREASES.—Whenever units or 

16 individual members of the Selected Reserve for any reserve 

17 component are released from active duty during any fiscal 

18 year, the end strength prescribed for such fiscal year for 

19 the Selected Reserve of such reserve component shall be 

20 increased proportionately by the total authorized strengths 

21 of such units and by the total number of such individual 

22 members. 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•HR 1735 IH

1 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

2 DUTY IN SUPPORT OF THE RESERVES. 

3 Within the end strengths prescribed in section 

4 411(a), the reserve components of the Armed Forces are 

5 authorized, as of September 30, 2016, the following num6 ber of Reserves to be serving on full-time active duty or 

7 full-time duty, in the case of members of the National 

8 Guard, for the purpose of organizing, administering, re9 cruiting, instructing, or training the reserve components: 

10 (1) The Army National Guard of the United 

11 States, 30,770. 

12 (2) The Army Reserve, 16,261. 

13 (3) The Navy Reserve, 9,934. 

14 (4) The Marine Corps Reserve, 2,260. 

15 (5) The Air National Guard of the United 

16 States, 14,748. 

17 (6) The Air Force Reserve, 3,032. 

18 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

19 (DUAL STATUS). 

20 The minimum number of military technicians (dual 

21 status) as of the last day of fiscal year 2016 for the re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10, United States Code) shall 

24 be the following: 

25 (1) For the Army National Guard of the United 

26 States, 26,099. 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•HR 1735 IH

1 (2) For the Army Reserve, 7,395. 

2 (3) For the Air National Guard of the United 

3 States, 22,104. 

4 (4) For the Air Force Reserve, 9,814. 

5 SEC. 414. FISCAL YEAR 2016 LIMITATION ON NUMBER OF 

6 NON-DUAL STATUS TECHNICIANS. 

7 (a) LIMITATIONS.— 

8 (1) NATIONAL GUARD.—Within the limitation 

9 provided in section 10217(c)(2) of title 10, United 

10 States Code, the number of non-dual status techni11 cians employed by the National Guard as of Sep12 tember 30, 2016, may not exceed the following: 

13 (A) For the Army National Guard of the 

14 United States, 1,600. 

15 (B) For the Air National Guard of the 

16 United States, 350. 

17 (2) ARMY RESERVE.—The number of non-dual 

18 status technicians employed by the Army Reserve as 

19 of September 30, 2016, may not exceed 595. 

20 (3) AIR FORCE RESERVE.—The number of non21 dual status technicians employed by the Air Force 

22 Reserve as of September 30, 2016, may not exceed 

23 90. 

24 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

25 this section, the term ‘‘non-dual status technician’’ has the 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

•HR 1735 IH

1 meaning given that term in section 10217(a) of title 10, 

2 United States Code. 

3 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU4 THORIZED TO BE ON ACTIVE DUTY FOR 

5 OPERATIONAL SUPPORT. 

6 During fiscal year 2016, the maximum number of 

7 members of the reserve components of the Armed Forces 

8 who may be serving at any time on full-time operational 

9 support duty under section 115(b) of title 10, United 

10 States Code, is the following: 

11 (1) The Army National Guard of the United 

12 States, 17,000. 

13 (2) The Army Reserve, 13,000. 

14 (3) The Navy Reserve, 6,200. 

15 (4) The Marine Corps Reserve, 3,000. 

16 (5) The Air National Guard of the United 

17 States, 16,000. 

18 (6) The Air Force Reserve, 14,000. 

19 TITLE V—MILITARY PERSONNEL 

20 POLICY 

21 Subtitle E—Other Matters 

22 SEC. 545. REQUIRED PROVISION OF PRESEPARATION 

23 COUNSELING. 

24 (a) CLARIFICATION OF REQUIREMENT FOR 180 CON25 TINUOUS DAYS OF ACTIVE DUTY SERVICE.—SubparaVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
17 

•HR 1735 IH

1 graph (A) of section 1142(a)(4) of title 10, United States 

2 Code, is amended by inserting ‘‘continuous’’ after ‘‘first 

3 180’’. 

4 (b) EXCLUSION OF TRAINING FROM PERIODS OF AC5 TIVE DUTY.—Such section is further amended by adding 

6 at the end the following new subparagraph: 

7 ‘‘(C) For purposes of subparagraph (A), 

8 the term ‘active duty’ does not include full-time 

9 training duty, annual training duty, and attend10 ance, while in the active military service, at a 

11 school designated as a service school by law or 

12 by the Secretary of the military department 

13 concerned.’’. 

14 TITLE VI—COMPENSATION AND 

15 OTHER PERSONNEL BENEFITS 

16 Subtitle B—Bonuses and Special 

17 and Incentive Pays 

18 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 

19 BONUS AND SPECIAL PAY AUTHORITIES. 

20 (a) AUTHORITIES RELATING TO RESERVE

21 FORCES.—The following sections of title 37, United 

22 States Code, are amended by striking ‘‘December 31, 

23 2015’’ and inserting ‘‘December 31, 2016’’: 

24 (1) Section 308b(g), relating to Selected Re25 serve reenlistment bonus. 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•HR 1735 IH

1 (2) Section 308c(i), relating to Selected Reserve 

2 affiliation or enlistment bonus. 

3 (3) Section 308d(c), relating to special pay for 

4 enlisted members assigned to certain high-priority 

5 units. 

6 (4) Section 308g(f)(2), relating to Ready Re7 serve enlistment bonus for persons without prior 

8 service. 

9 (5) Section 308h(e), relating to Ready Reserve 

10 enlistment and reenlistment bonus for persons with 

11 prior service. 

12 (6) Section 308i(f), relating to Selected Reserve 

13 enlistment and reenlistment bonus for persons with 

14 prior service. 

15 (7) Section 910(g), relating to income replace16 ment payments for reserve component members ex17 periencing extended and frequent mobilization for 

18 active duty service. 

19 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH

20 CARE PROFESSIONALS.—The following sections of title 

21 10, United States Code, are amended by striking ‘‘Decem22 ber 31, 2015’’ and inserting ‘‘December 31, 2016’’: 

23 (1) Section 2130a(a)(1), relating to nurse offi24 cer candidate accession program. 


rfrederick on DSK6VPTVN1PROD with BILLS
19 

•HR 1735 IH

1 (2) Section 16302(d), relating to repayment of 

2 education loans for certain health professionals who 

3 serve in the Selected Reserve. 

4 (c) TITLE 37 AUTHORITIES RELATING TO HEALTH

5 CARE PROFESSIONALS.—The following sections of title 

6 37, United States Code, are amended by striking ‘‘Decem7 ber 31, 2015’’ and inserting ‘‘December 31, 2016’’: 

8 (1) Section 302c–1(f), relating to accession and 

9 retention bonuses for psychologists. 

10 (2) Section 302d(a)(1), relating to accession 

11 bonus for registered nurses. 

12 (3) Section 302e(a)(1), relating to incentive 

13 special pay for nurse anesthetists. 

14 (4) Section 302g(e), relating to special pay for 

15 Selected Reserve health professionals in critically 

16 short wartime specialties. 

17 (5) Section 302h(a)(1), relating to accession 

18 bonus for dental officers. 

19 (6) Section 302j(a), relating to accession bonus 

20 for pharmacy officers. 

21 (7) Section 302k(f), relating to accession bonus 

22 for medical officers in critically short wartime spe23 cialties. 


rfrederick on DSK6VPTVN1PROD with BILLS
20 

•HR 1735 IH

1 (8) Section 302l(g), relating to accession bonus 

2 for dental specialist officers in critically short war3 time specialties. 

4 (d) AUTHORITIES RELATING TO NUCLEAR OFFI5 CERS.—The following sections of title 37, United States 

6 Code, are amended by striking ‘‘December 31, 2015’’ and 

7 inserting ‘‘December 31, 2016’’: 

8 (1) Section 312(f), relating to special pay for 

9 nuclear-qualified officers extending period of active 

10 service. 

11 (2) Section 312b(c), relating to nuclear career 

12 accession bonus. 

13 (3) Section 312c(d), relating to nuclear career 

14 annual incentive bonus. 

15 (e) AUTHORITIES RELATING TO TITLE 37 CONSOLI16 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU17 THORITIES.—The following sections of title 37, United 

18 States Code, are amended by striking ‘‘December 31, 

19 2015’’ and inserting ‘‘December 31, 2016’’: 

20 (1) Section 331(h), relating to general bonus 

21 authority for enlisted members. 

22 (2) Section 332(g), relating to general bonus 

23 authority for officers. 

24 (3) Section 333(i), relating to special bonus and 

25 incentive pay authorities for nuclear officers. 


rfrederick on DSK6VPTVN1PROD with BILLS
21 

•HR 1735 IH

1 (4) Section 334(i), relating to special aviation 

2 incentive pay and bonus authorities for officers. 

3 (5) Section 335(k), relating to bonus and incen4 tive pay authorities for officers in health professions. 

5 (6) Section 336(g), relating to contracting 

6 bonus for cadets and midshipmen enrolled in the 

7 Senior Reserve Officers’ Training Corps. 

8 (7) Section 351(h), relating to hazardous duty 

9 pay. 

10 (8) Section 352(g), relating to assignment pay 

11 or special duty pay. 

12 (9) Section 353(i), relating to skill incentive 

13 pay or proficiency bonus. 

14 (10) Section 355(h), relating to retention incen15 tives for members qualified in critical military skills 

16 or assigned to high priority units. 

17 (f) OTHER TITLE 37 BONUS AND SPECIAL PAY AU18 THORITIES.—The following sections of title 37, United 

19 States Code, are amended by striking ‘‘December 31, 

20 2015’’ and inserting ‘‘December 31, 2016’’: 

21 (1) Section 301b(a), relating to aviation officer 

22 retention bonus. 

23 (2) Section 307a(g), relating to assignment in24 centive pay. 


rfrederick on DSK6VPTVN1PROD with BILLS
22 

•HR 1735 IH

1 (3) Section 308(g), relating to reenlistment 

2 bonus for active members. 

3 (4) Section 309(e), relating to enlistment 

4 bonus. 

5 (5) Section 324(g), relating to accession bonus 

6 for new officers in critical skills. 

7 (6) Section 326(g), relating to incentive bonus 

8 for conversion to military occupational specialty to 

9 ease personnel shortage. 

10 (7) Section 327(h), relating to incentive bonus 

11 for transfer between the Armed Forces. 

12 (8) Section 330(f), relating to accession bonus 

13 for officer candidates. 

14 (g) AUTHORITY TO PROVIDE TEMPORARY INCREASE

15 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section 

16 403(b)(7)(E) of title 37, United States Code, is amended 

17 by striking ‘‘December 31, 2015’’ and inserting ‘‘Decem18 ber 31, 2016’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
23 

•HR 1735 IH

1 TITLE VIII—ACQUISITION POL2 ICY, ACQUISITION MANAGE3 MENT, AND RELATED MAT4 TERS 

5 Subtitle A—Acquisition Policy and 

6 Management 

7 SEC. 801. PROGRAM FRAUD CIVIL REMEDIES STATUTE FOR 

8 THE DEPARTMENT OF DEFENSE AND THE NA9 TIONAL AERONAUTICS AND SPACE ADMINIS10 TRATION. 

11 (a) PURPOSE.—The purpose of this section is to pro12 vide the Secretary of Defense and the Administrator of 

13 the National Aeronautics and Space Administration with 

14 an effective administrative remedy to obtain recompense 

15 for the Department of Defense and the National Aero16 nautics and Space Administration for losses resulting from 

17 the submission to the Department or the Administration, 

18 respectively, of false, fictitious, or fraudulent claims and 

19 statements. 

20 (b) PROGRAM FRAUD CIVIL REMEDIES.— 

21 (1) IN GENERAL.—Chapter IV of subtitle A of 

22 title 10, United States Code, is amended by insert23 ing after chapter 163 the following new chapter: 


rfrederick on DSK6VPTVN1PROD with BILLS
24 

•HR 1735 IH

1 ‘‘CHAPTER 164—ADMINISTRATIVE REM2 EDIES FOR FALSE CLAIMS AND STATE3 MENTS 

‘‘Sec. 

‘‘2751. Applicability of chapter; definitions. 

‘‘2752. False claims and statements; liability. 

‘‘2753. Hearing and determinations. 

‘‘2754. Payment; interest on late payments. 

‘‘2755. Judicial review. 

‘‘2756. Collection of civil penalties and assessments. 

‘‘2757. Right to administrative offset. 

‘‘2758. Limitations. 

‘‘2759. Effect on other laws. 

4 ‘‘§ 2751. Applicability of chapter; definitions 

5 ‘‘(a) APPLICABILITY OF CHAPTER.—This chapter ap6 plies to the following agencies: 

7 ‘‘(1) The Department of Defense. 

8 ‘‘(2) The National Aeronautics and Space Ad9 ministration. 

10 ‘‘(b) DEFINITIONS.—In this chapter: 

11 ‘‘(1) HEAD OF AN AGENCY.—The term ‘head of 

12 an agency’ means the Secretary of Defense and the 

13 Administrator of the National Aeronautics and 

14 Space Administration. 

15 ‘‘(2) CLAIM.—The term ‘claim’ means any re16 quest, demand, or submission— 

17 ‘‘(A) made to the head of an agency for 

18 property, services, or money (including money 

19 representing grants, loans, insurance, or bene20 fits); 


rfrederick on DSK6VPTVN1PROD with BILLS
25 

•HR 1735 IH

1 ‘‘(B) made to a recipient of property, serv2 ices, or money received directly or indirectly 

3 from the head of an agency or to a party to a 

4 contract with the head of an agency— 

5 ‘‘(i) for property or services if the 

6 United States— 

7 ‘‘(I) provided such property or 

8 services; 

9 ‘‘(II) provided any portion of the 

10 funds for the purchase of such prop11 erty or services; or 

12 ‘‘(III) will reimburse such recipi13 ent or party for the purchase of such 

14 property or services; or 

15 ‘‘(ii) for the payment of money (in16 cluding money representing grants, loans, 

17 insurance, or benefits) if the United 

18 States— 

19 ‘‘(I) provided any portion of the 

20 money requested or demanded; or 

21 ‘‘(II) will reimburse such recipi22 ent or party for any portion of the 

23 money paid on such request or de24 mand; or 


rfrederick on DSK6VPTVN1PROD with BILLS
26 

•HR 1735 IH

1 ‘‘(C) made to the head of an agency which 

2 has the effect of decreasing an obligation to pay 

3 or account for property, services, or money. 

4 ‘‘(3) KNOWS OR HAS REASON TO KNOW.—The 

5 term ‘knows or has reason to know’, for purposes of 

6 establishing liability under section 2752 of this title, 

7 means that a person, with respect to a claim or 

8 statement— 

9 ‘‘(A) has actual knowledge that the claim 

10 or statement is false, fictitious, or fraudulent; 

11 ‘‘(B) acts in deliberate ignorance of the 

12 truth or falsity of the claim or statement; or 

13 ‘‘(C) acts in reckless disregard of the truth 

14 or falsity of the claim or statement, and no 

15 proof of specific intent to defraud is required. 

16 ‘‘(4) RESPONSIBLE OFFICIAL.—The term ‘re17 sponsible official’ means a designated debarring and 

18 suspending official of the agency named in sub19 section (a). 

20 ‘‘(5) RESPONDENT.—The term ‘respondent’ 

21 means a person who has received notice from a re22 sponsible official asserting liability under section 

23 2752 of this title. 

24 ‘‘(6) STATEMENT.—The term ‘statement’ 

25 means any representation, certification, affirmation, 


rfrederick on DSK6VPTVN1PROD with BILLS
27 

•HR 1735 IH

1 document, record, or an accounting or bookkeeping 

2 entry made— 

3 ‘‘(A) with respect to a claim or to obtain 

4 the approval or payment of a claim (including 

5 relating to eligibility to make a claim); or 

6 ‘‘(B) with respect to (including relating to 

7 eligibility for)— 

8 ‘‘(i) a contract with, or a bid or pro9 posal for a contract with the head of an 

10 agency; or 

11 ‘‘(ii) a grant, loan, or benefit from the 

12 head of an agency. 

13 ‘‘(c) CLAIMS.—For purposes of paragraph (2) of sub14 section (b)— 

15 ‘‘(1) each voucher, invoice, claim form, or other 

16 individual request or demand for property, services, 

17 or money constitutes a separate claim; 

18 ‘‘(2) each claim for property, services, or money 

19 is subject to this chapter regardless of whether such 

20 property, services, or money is actually delivered or 

21 paid; and 

22 ‘‘(3) a claim shall be considered made, pre23 sented, or submitted to the head of an agency, re24 cipient, or party when such claim is actually made 

25 to an agent, fiscal intermediary, or other entity actVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
28 

•HR 1735 IH

1 ing for or on behalf of such authority, recipient, or 

2 party. 

3 ‘‘(d) STATEMENTS.—For purposes of paragraph (6) 

4 of subsection (b)— 

5 ‘‘(1) each written representation, certification, 

6 or affirmation constitutes a separate statement; and 

7 ‘‘(2) a statement shall be considered made, pre8 sented, or submitted to the head of an agency when 

9 such statement is actually made to an agent, fiscal 

10 intermediary, or other entity acting for or on behalf 

11 of such authority. 

12 ‘‘§ 2752. False claims and statements; liability 

13 ‘‘(a) FALSE CLAIMS.—Any person who makes, pre14 sents, or submits, or causes to be made, presented, or sub15 mitted, to the head of an agency a claim that the person 

16 knows or has reason to know— 

17 ‘‘(1) is false, fictitious, or fraudulent; 

18 ‘‘(2) includes or is supported by any written 

19 statement which asserts a material fact this is false, 

20 fictitious, or fraudulent; 

21 ‘‘(3) includes or is supported by any written 

22 statement that— 

23 ‘‘(A) omits a material fact; 

24 ‘‘(B) is false, fictitious, or fraudulent as a 

25 result of such omission; and 


rfrederick on DSK6VPTVN1PROD with BILLS
29 

•HR 1735 IH

1 ‘‘(C) the person making, presenting, or 

2 submitting such statement has a duty to in3 clude such material fact; or 

4 ‘‘(4) is for payment for the provision of prop5 erty or services which the person has not provided 

6 as claimed, shall, in addition to any other remedy 

7 that may be prescribed by law, be subject to a civil 

8 penalty of not more than $5,000 for each such 

9 claim. Such person shall also be subject to an as10 sessment of not more than twice the amount of such 

11 claim, or the portion of such claim which is deter12 mined by the responsible official to be in violation of 

13 the preceding sentence. 

14 ‘‘(b) FALSE STATEMENTS.—Any person who makes, 

15 presents, submits, or causes to be made, presented, or sub16 mitted, a written statement in conjunction with a procure17 ment program or acquisition of the an agency named in 

18 section 2751(a) of this title that— 

19 ‘‘(1) the person knows or has reason to know— 

20 ‘‘(A) asserts a material fact that is false, 

21 fictitious, or fraudulent; or 

22 ‘‘(B)(i) omits a material fact; and 

23 ‘‘(ii) is false, fictitious, or fraudulent as a 

24 result of such omission; 


rfrederick on DSK6VPTVN1PROD with BILLS
30 

•HR 1735 IH

1 ‘‘(2) in the case of a statement described in 

2 subparagraph (B) of paragraph (1), is a statement 

3 in which the person making, presenting, or submit4 ting such statement has a duty to include such ma5 terial fact; and 

6 ‘‘(3) contains or is accompanied by an express 

7 certification or affirmation of the truthfulness and 

8 accuracy of the contents of the statement, shall be 

9 subject to, in addition to any other remedy that may 

10 be prescribed by law, a civil penalty of not more 

11 than $5,000 for each such statement. 

12 ‘‘§ 2753. Hearing and determinations 

13 ‘‘(a) TRANSMITTAL OF NOTICE TO ATTORNEY GEN14 ERAL.—If a responsible official determines that there is 

15 adequate evidence to believe that a person is liable under 

16 section 2752 of this title, the responsible official shall 

17 transmit to the Attorney General, or any other officer or 

18 employee of the Department of Justice designated by the 

19 Attorney General, a written notice of the intention of such 

20 official to initiate an action under this section. The notice 

21 shall include the following: 

22 ‘‘(1) A statement of the reasons for initiating 

23 an action under this section. 

24 ‘‘(2) A statement specifying the evidence which 

25 supports liability under section 2752 of this title. 


rfrederick on DSK6VPTVN1PROD with BILLS
31 

•HR 1735 IH

1 ‘‘(3) A description of the claims or statements 

2 for which liability under section 2752 of this title is 

3 alleged. 

4 ‘‘(4) An estimate of the penalties and assess5 ments that will be demanded under section 2752 of 

6 this title. 

7 ‘‘(5) A statement of any exculpatory or miti8 gating circumstances which may relate to such 

9 claims or statements. 

10 ‘‘(b) STATEMENT FROM ATTORNEY GENERAL.— 

11 ‘‘(1) Within 90 days after receipt of a notice 

12 from a responsible official under subsection (a), the 

13 Attorney General, or any other officer or employee 

14 of the Department of Justice designated by the At15 torney General, shall transmit a written statement 

16 to the responsible official which specifies— 

17 ‘‘(A) that the Attorney General, or any 

18 other officer or employee of the Department of 

19 Justice designated by the Attorney General, ap20 proves or disapproves initiating an action under 

21 this section based on the allegations of liability 

22 stated in such notice; and 

23 ‘‘(B) in any case in which the initiation of 

24 an action under this section is disapproved, the 

25 reasons for such disapproval. 


rfrederick on DSK6VPTVN1PROD with BILLS
32 

•HR 1735 IH

1 ‘‘(2) If at any time after the initiation of an ac2 tion under this section the Attorney General, or any 

3 other officer or employee of the Department of Jus4 tice designated by the Attorney General, transmits 

5 to a responsible official a written determination that 

6 the continuation of any action under this section 

7 may adversely affect any pending or potential crimi8 nal or civil action, such action shall be immediately 

9 stayed and may be resumed only upon written au10 thorization from the Attorney General, or any other 

11 officer or employee of the Department of Justice 

12 designated by the Attorney General. 

13 ‘‘(c) LIMITATION ON AMOUNT OF CLAIM THAT MAY

14 BE PURSUED UNDER THIS SECTION.—No action shall be 

15 initiated under this section, nor shall any assessment be 

16 imposed under this section, if the total amount of the 

17 claim determined by the responsible official to violate sec18 tion 2752(a) of this title exceeds $500,000. The $500,000 

19 threshold does not include penalties or any assessment 

20 permitted under 2752(a) of this title greater than the 

21 amount of the claim determined by the responsible official 

22 to violate such section. 

23 ‘‘(d) PROCEDURES FOR RESOLVING CLAIMS.—(1) 

24 Upon receiving approval under subsection (b) to initiate 

25 an action under this section, the responsible official shall 


rfrederick on DSK6VPTVN1PROD with BILLS
33 

•HR 1735 IH

1 mail, by registered or certified mail, or other similar com2 mercial means, or shall deliver, a notice to the person al3 leged to be liable under section 2752 of this title. Such 

4 notice shall specify the allegations of liability against such 

5 person, specify the total amount of penalties and assess6 ments sought by the United States, advise the person of 

7 the opportunity to submit facts and arguments in opposi8 tion to the allegations set forth in the notice, advise the 

9 person of the opportunity to submit offers of settlement 

10 or proposals of adjustment, and advise the person of the 

11 procedures of the agency named in section 2751(a) of this 

12 title governing the resolution of actions initiated under 

13 this section. 

14 ‘‘(2) Within 30 days after receiving a notice under 

15 paragraph (1), or any additional period of time granted 

16 by the responsible official, the respondent may submit in 

17 person, in writing, or through a representative, facts and 

18 arguments in opposition to the allegations set forth in the 

19 notice, including any additional information that raises a 

20 genuine dispute of material fact. 

21 ‘‘(3) If the respondent fails to respond within 30 

22 days, or any additional time granted by the responsible 

23 official, the responsible official may issue a written deci24 sion disposing of the matters raised in the notice. Such 

25 decision shall be based on the record before the responsible 


rfrederick on DSK6VPTVN1PROD with BILLS
34 

•HR 1735 IH

1 official. If the responsible official concludes that the re2 spondent is liable under section 2752 of this title, the deci3 sion shall include the findings of fact and conclusions of 

4 law which the responsible official relied upon in deter5 mining that the respondent is liable, and the amount of 

6 any penalty and/or assessment to be imposed on the re7 spondent. Any such determination shall be based on a pre8 ponderance of the evidence. The responsible official shall 

9 promptly send to the respondent a copy of the decision 

10 by registered or certified mail, or other similar commercial 

11 means, or shall hand deliver a copy of the decision. 

12 ‘‘(4) If the respondent makes a timely submission, 

13 and the responsible official determines that the respondent 

14 has not raised any genuine dispute of material fact, the 

15 responsible official may issue a written decision disposing 

16 of the matters raised in the notice. Such decision shall 

17 be based on the record before the responsible official. If 

18 the responsible official concludes that the respondent is 

19 liable under section 2752 of this title, the decision shall 

20 include the findings of fact and conclusions of law which 

21 the responsible official relied upon in determining that the 

22 respondent is liable, and the amount of any penalty or as23 sessment to be imposed on the respondent. Any such de24 termination shall be based on a preponderance of the evi25 dence. The responsible official shall promptly send to the 


rfrederick on DSK6VPTVN1PROD with BILLS
35 

•HR 1735 IH

1 respondent a copy of the decision by registered or certified 

2 mail, or other similar commercial means, or shall hand 

3 deliver a copy of the decision. 

4 ‘‘(5) If the respondent makes a timely submission, 

5 and the responsible official determines that the respondent 

6 has raised a genuine dispute of material fact, the respon7 sible official shall commence a hearing to resolve the genu8 inely disputed material facts by mailing by registered or 

9 certified mail, or other similar commercial means, or by 

10 hand delivery of, a notice informing the respondent of— 

11 ‘‘(A) the time, place, and nature of the hearing; 

12 ‘‘(B) the legal authority under which the hear13 ing is to be held; 

14 ‘‘(C) the material facts determined by the re15 sponsible official to be genuinely in dispute that will 

16 be the subject of the hearing; and 

17 ‘‘(D) a description of the procedures for the 

18 conduct of the hearing. 

19 ‘‘(6) The responsible official and any person against 

20 whom liability is asserted under this chapter may agree 

21 to a compromise or settle an action at any time. Any com22 promise or settlement must be in writing. 

23 ‘‘(e) RESPONDENT ENTITLED TO COPY OF THE

24 RECORD.—At any time after receiving a notice under 

25 paragraph (1) of subsection (d), the respondent shall be 


rfrederick on DSK6VPTVN1PROD with BILLS
36 

•HR 1735 IH

1 entitled to a copy of the entire record before the respon2 sible official. 

3 ‘‘(f) HEARINGS.—Any hearing commenced under this 

4 section shall be conducted by the responsible official, or 

5 a fact-finder designated by the responsible official, solely 

6 to resolve genuinely disputed material facts identified by 

7 the responsible official and set forth in the notice to the 

8 respondent. 

9 ‘‘(g) PROCEDURES FOR HEARINGS.—(1) Each hear10 ing shall be conducted under procedures prescribed by the 

11 head of the agency. Such procedures shall include the fol12 lowing: 

13 ‘‘(A) The provision of written notice of the 

14 hearing to the respondent, including written notice 

15 of— 

16 ‘‘(i) the time, place, and nature of the 

17 hearing; 

18 ‘‘(ii) the legal authority under which the 

19 hearing is to be held; 

20 ‘‘(iii) the material facts determined by the 

21 responsible official to be genuinely in dispute 

22 that will be the subject of the hearing; and 

23 ‘‘(iv) a description of the procedures for 

24 the conduct of the hearing. 


rfrederick on DSK6VPTVN1PROD with BILLS
37 

•HR 1735 IH

1 ‘‘(B) The opportunity for the respondent to 

2 present facts and arguments through oral or docu3 mentary evidence, to submit rebuttal evidence, and 

4 to conduct such cross-examination as may be re5 quired to resolve any genuinely disputed material 

6 facts identified by the responsible official. 

7 ‘‘(C) The opportunity for the respondent to be 

8 accompanied, represented, and advised by counsel or 

9 such other qualified representative as the Secretary 

10 may specify in such regulations. 

11 ‘‘(2) For the purpose of conducting hearings under 

12 this section, the responsible official is authorized to admin13 ister oaths or affirmations. 

14 ‘‘(3) Hearings shall be held at the responsible offi15 cial’s office, or at such other place as may be agreed upon 

16 by the respondent and the responsible official. 

17 ‘‘(h) DECISION FOLLOWING HEARING.—The respon18 sible official shall issue a written decision within 60 days 

19 after the conclusion of the hearing. That decision shall set 

20 forth specific findings of fact resolving the genuinely dis21 puted material facts that were the subject of the hearing. 

22 The written decision shall also dispose of the matters 

23 raised in the notice required under paragraph (1) of sub24 section (d). If the responsible official concludes that the 

25 respondent is liable under section 2752 of this title, the 


rfrederick on DSK6VPTVN1PROD with BILLS
38 

•HR 1735 IH

1 decision shall include the findings of fact and conclusions 

2 of law which the responsible official relied upon in deter3 mining that the respondent is liable, and the amount of 

4 any penalty or assessment to be imposed on the respond5 ent. Any decisions issued under this subparagraph shall 

6 be based on the record before the responsible official and 

7 shall be supported by a preponderance of the evidence. 

8 The responsible official shall promptly send to the re9 spondent a copy of the decision by registered or certified 

10 mail, or other similar commercial means, or shall hand 

11 deliver a copy of the decision. 

12 ‘‘§ 2754. Payment; interest on late payments 

13 ‘‘(a) PAYMENT OF ASSESSMENTS AND PENALTIES.— 

14 A respondent shall render payment of any assessment and 

15 penalty imposed by a responsible official, or any amount 

16 otherwise agreed to as part of a settlement or adjustment, 

17 not later than the date— 

18 ‘‘(1) that is 30 days after the date of the re19 ceipt by the respondent of the responsible official’s 

20 decision; or 

21 ‘‘(2) as otherwise agreed to by the respondent 

22 and the responsible official. 

23 ‘‘(b) INTEREST.—If there is an unpaid balance as of 

24 the date determined under paragraph (1), interest shall 

25 accrue from that date on any unpaid balance. The rate 


rfrederick on DSK6VPTVN1PROD with BILLS
39 

•HR 1735 IH

1 of interest charged shall be the rate in effect as of that 

2 date that is published by the Secretary of the Treasury 

3 under section 3717 of title 31. 

4 ‘‘(c) TREATMENT OF RECEIPTS.—All penalties, as5 sessments, or interest paid, collected, or otherwise recov6 ered under this chapter shall be deposited into the Treas7 ury as miscellaneous receipts as provided in section 3302 

8 of title 31. 

9 ‘‘§ 2755. Judicial review 

10 ‘‘A decision by a responsible official under section 

11 2753(d) or 2753(h) of this title shall be final. Any such 

12 final decision is subject to judicial review only under chap13 ter 7 of title 5. 

14 ‘‘§ 2756. Collection of civil penalties and assessments 

15 ‘‘(a) JUDICIAL ENFORCEMENT OF CIVIL PENALTIES

16 AND ASSESSMENTS.—The Attorney General shall be re17 sponsible for judicial enforcement of any civil penalty or 

18 assessment imposed under this chapter. 

19 ‘‘(b) CIVIL ACTIONS FOR RECOVERY.—Any penalty 

20 or assessment imposed in a decision by a responsible offi21 cial, or amounts otherwise agreed to as part of a settle22 ment or adjustment, along with any accrued interest, may 

23 be recovered in a civil action brought by the Attorney Gen24 eral. In any such action, no matter that was raised or that 

25 could have been raised in a proceeding under this chapter 


rfrederick on DSK6VPTVN1PROD with BILLS
40 

•HR 1735 IH

1 or pursuant to judicial review under section 2755 of this 

2 title may be raised as a defense, and the determination 

3 of liability and the determination of amounts of penalties 

4 and assessments shall not be subject to review. 

5 ‘‘(c) JURISDICTION OF UNITED STATES DISTRICT

6 COURTS.—The district courts of the United States shall 

7 have jurisdiction of any action commenced by the United 

8 States under subsection (b). 

9 ‘‘(d) JOINING AND CONSOLIDATING ACTIONS.—Any 

10 action under subsection (b) may, without regard to venue 

11 requirements, be joined and consolidated with or asserted 

12 as a counterclaim, cross-claim, or setoff by the United 

13 States in any other civil action which includes as parties 

14 the United States, and the person against whom such ac15 tion may be brought. 

16 ‘‘(e) JURISDICTION OF UNITED STATES COURT OF

17 FEDERAL CLAIMS.—The United States Court of Federal 

18 Claims shall have jurisdiction of any action under sub19 section (b) to recover any penalty or assessment, or 

20 amounts otherwise agreed to as part of a settlement or 

21 adjustment, along with any accrued interest, if the cause 

22 of action is asserted by the United States as a counter23 claim in a matter pending in such court. The counterclaim 

24 need not relate to the subject matter of the underlying 

25 claim. 


rfrederick on DSK6VPTVN1PROD with BILLS
41 

•HR 1735 IH

1 ‘‘§ 2757. Right to administrative offset 

2 ‘‘The amount of any penalty or assessment that has 

3 been imposed by a responsible official, or any amount 

4 agreed upon in a settlement or compromise, along with 

5 any accrued interest, may be collected by administrative 

6 offset. 

7 ‘‘§ 2758. Limitations 

8 ‘‘(a) LIMITATION ON PERIOD FOR INITIATION OF AD9 MINISTRATIVE ACTION.—An action under section 2752 of 

10 this title with respect to a claim or statement shall be com11 menced within six years after the date on which such claim 

12 or statement is made, presented, or submitted. 

13 ‘‘(b) LIMITATION PERIOD FOR INITIATION OF CIVIL

14 ACTION FOR RECOVERY OF ADMINISTRATIVE PENALTY

15 OR ASSESSMENT.—A civil action to recover a penalty or 

16 assessment under section 2756 of this title shall be com17 menced within three years after the date of the decision 

18 of the responsible official imposing the penalty or assess19 ment. 

20 ‘‘§ 2759. Effect on other laws 

21 ‘‘(a) RELATIONSHIP TO TITLE 44 AUTHORITIES.— 

22 This chapter does not diminish the responsibility of the 

23 head of an agency to comply with the provisions of chapter 

24 35 of title 44, relating to coordination of Federal informa25 tion policy. 


rfrederick on DSK6VPTVN1PROD with BILLS
42 

•HR 1735 IH

1 ‘‘(b) RELATIONSHIP TO TITLE 31 AUTHORITIES.— 

2 The procedures set forth in this chapter apply to the agen3 cies named in section 2751(a) of this title in lieu of the 

4 procedures under chapter 38 of title 31, relating to admin5 istrative remedies for false claims and statements. 

6 ‘‘(c) RELATIONSHIP TO OTHER AUTHORITIES.—Any 

7 action, inaction, or decision under this chapter shall be 

8 based solely upon the information before the responsible 

9 official and shall not limit or restrict any agency of the 

10 Government from instituting any other action arising out11 side this chapter, including suspension or debarment, 

12 based upon the same information. Any action, inaction or 

13 decision under this chapter shall not restrict the ability 

14 of the Attorney General to bring judicial action, based 

15 upon the same information as long as such action is not 

16 otherwise prohibited by law.’’. 

17 (2) CLERICAL AMENDMENT.—The tables of 

18 chapters at the beginning of subtitle A, and at the 

19 beginning of part IV of subtitle A, of such title are 

20 each amended by inserting after the item relating to 

21 chapter 163 the following new item: 

‘‘164. Administrative Remedies for False Claims and Statements ......... 2751’’. 

22 (c) CONFORMING AMENDMENTS.—Section 

23 3801(a)(1) of title 31, United States Code, is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
43 

•HR 1735 IH

1 (1) by inserting ‘‘(other than the Department of 

2 Defense)’’ in subparagraph (A) after ‘‘executive de3 partment’’; 

4 (2) by striking subparagraph (B); 

5 (3) by redesignating subparagraph (C) as sub6 paragraph (B) and by inserting ‘‘(other than the 

7 National Aeronautics and Space Administration)’’ in 

8 that subparagraph after ‘‘not an executive depart9 ment’’; and 

10 (4) by redesignating subparagraphs (D), (E), 

11 and (F) as subparagraphs (C), (D), and (E), respec12 tively. 

13 (d) EFFECTIVE DATE.—Chapter 164 of title 10, 

14 United States Code, as added by subsection (b), and the 

15 amendments made by subsection (c), shall apply to any 

16 claim or statement made, presented, or submitted on or 

17 after the date of the enactment of this Act. 

18 SEC. 802. IMPROVEMENTS TO THE OPERATION OF THE DE19 FENSE ACQUISITION WORKFORCE DEVELOP20 MENT FUND. 

21 (a) ELEMENTS OF THE FUND.—Subsection (d) of 

22 section 1705 of title 10, United States Code, is amended— 

23 (1) in paragraph (1)— 


rfrederick on DSK6VPTVN1PROD with BILLS
44 

•HR 1735 IH

1 (A) in subparagraph (A), by striking 

2 ‘‘credited to the Fund under paragraph (2)’’ 

3 and inserting ‘‘appropriated to the Fund’’; 

4 (B) in subparagraph (B), by striking 

5 ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

6 (2)’’; and 

7 (C) by striking subparagraph (C); 

8 (2) by striking paragraphs (2) and (4); 

9 (3) by redesignating paragraph (3) as para10 graph (2); 

11 (4) in paragraph (2), as so redesignated— 

12 (A) in the first sentence, by striking ‘‘24- 

13 month period’’ and inserting ‘‘36-month pe14 riod’’; and 

15 (B) in the second sentence, by striking 

16 ‘‘credited to the Fund’’ and inserting ‘‘credited 

17 to amounts appropriated to the Fund for the 

18 fiscal year in which such funds are trans19 ferred’’; and 

20 (5) by inserting after paragraph (2), as so re21 designated, the following new paragraph (3): 

22 ‘‘(3) PRIOR NOTICE TO CONGRESSIONAL COM23 MITTEES OF CERTAIN TRANSFERS.—The Secretary 

24 of Defense may make a transfer to the Fund pursu25 ant to paragraph (2) that increases to an amount 


rfrederick on DSK6VPTVN1PROD with BILLS
45 

•HR 1735 IH

1 greater than $500,000,000 the total amount made 

2 available to the Fund for a fiscal year only after the 

3 Secretary submits to the congressional defense com4 mittees notice of the Secretary’s intent to make such 

5 transfer and a period of 10 days has elapsed fol6 lowing the date of the notification.’’. 

7 (b) AVAILABILITY OF FUNDS.—Subsection (e) of 

8 such section is amended— 

9 (1) in paragraph (1), by inserting ‘‘appropria10 tions available to’’ after ‘‘for transfer to’’; and 

11 (2) in paragraph (6)— 

12 (A) by striking ‘‘credited to the Fund in 

13 accordance with subsection (d)(2),’’; 

14 (B) by striking ‘‘subsection (d)(3),’’ and 

15 inserting ‘‘subsection (d)(2) or’’; 

16 (C) by striking ‘‘, or deposited to the 

17 Fund’’; and 

18 (D) by striking ‘‘for which credited’’ and 

19 all that follows and inserting ‘‘in which trans20 ferred, or for which appropriated, and the suc21 ceeding fiscal year.’’. 

22 (c) ANNUAL REPORT.—Subsection (f)(1) of such sec23 tion is amended by striking ‘‘remitted’’ and all that follows 

24 through ‘‘credited’’ and inserting ‘‘transferred to the 

25 Fund in such fiscal year or appropriated’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
46 

•HR 1735 IH

1 Subtitle B—Amendments to Gen2 eral Contract Authorities, Pro3 cedures, and Limitations 

4 SEC. 811. REVISION TO METHOD OF ROUNDING OF ACQUI5 SITION-RELATED DOLLAR THRESHOLDS 

6 WHEN ADJUSTING FOR INFLATION. 

7 Section 1908(e)(2) of title 41, United States Code, 

8 is amended— 

9 (1) in the matter preceding subparagraph (A), 

10 by striking ‘‘on the day before the adjustment’’ and 

11 inserting ‘‘as calculated under paragraph (1)’’; 

12 (2) by striking ‘‘and’’ at the end of subpara13 graph (C); and 

14 (3) by striking subparagraph (D) and inserting 

15 the following: 

16 ‘‘(D) not less than $1,000,000, but less 

17 than $10,000,000, to the nearest $500,000; 

18 ‘‘(E) not less than $10,000,000, but less 

19 than $100,000,000, to the nearest $5,000,000; 

20 ‘‘(F) not less than $100,000,000, but less 

21 than $1,000,000,000, to the nearest 

22 $50,000,000; and 

23 ‘‘(G) $1,000,000,000 or more, to the near24 est $500,000,000.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
47 

•HR 1735 IH

1 SEC. 812. EXTENSION OF AUTHORITY TO ACQUIRE PROD2 UCTS AND SERVICES PRODUCED IN COUN3 TRIES ALONG A MAJOR ROUTE OF SUPPLY 

4 TO AFGHANISTAN. 

5 Section 801(f) of the National Defense Authorization 

6 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

7 2399), as most recently amended by section 832 of the 

8 National Defense Authorization Act for Fiscal Year 2014 

9 (Public Law 113–66; 127 Stat. 814), is further amended 

10 by striking ‘‘December 31, 2015’’ and inserting ‘‘Decem11 ber 31, 2018’’. 

12 SEC. 813. EXCEPTION TO REQUIREMENT TO INCLUDE COST 

13 OR PRICE TO THE GOVERNMENT AS A FAC14 TOR IN THE EVALUATION OF PROPOSALS 

15 FOR CERTAIN TASK OR DELIVERY ORDER 

16 CONTRACTS. 

17 (a) CONTRACTING UNDER TITLE 41, UNITED

18 STATES CODE.—Section 3306(c) of title 41, United States 

19 Code, is amended— 

20 (1) in paragraph (1), by inserting ‘‘except as 

21 provided in paragraph (3),’’ in subparagraphs (B) 

22 and (C) after the subparagraph designation; and 

23 (2) by adding at the end the following new 

24 paragraphs: 

25 ‘‘(3) EXCEPTIONS FOR CERTAIN INDEFINITE

26 DELIVERY, INDEFINITE QUANTITY CONTRACTS.—If 


rfrederick on DSK6VPTVN1PROD with BILLS
48 

•HR 1735 IH

1 the head of an agency issues a solicitation for mul2 tiple task or delivery order contracts under section 

3 4103(d) of this title for the same or similar services 

4 and intends to make a contract award to each quali5 fying offeror— 

6 ‘‘(A) cost or price to the Federal Govern7 ment need not, at the Government’s discretion, 

8 be considered under subparagraph (B) of para9 graph (1) as an evaluation factor for the con10 tract award; and 

11 ‘‘(B) if, pursuant to subparagraph (A), 

12 cost or price to the Federal Government is not 

13 considered as an evaluation factor for the con14 tract award— 

15 ‘‘(i) the disclosure requirement of sub16 paragraph (C) of paragraph (1) shall not 

17 apply; and 

18 ‘‘(ii) cost or price to the Federal Gov19 ernment shall be considered in conjunction 

20 with the issuance pursuant to section 

21 4106(c) of this title of a task or delivery 

22 order under any contract resulting from 

23 the solicitation. 


rfrederick on DSK6VPTVN1PROD with BILLS
49 

•HR 1735 IH

1 ‘‘(4) QUALIFYING OFFEROR DEFINED.—In 

2 paragraph (3), the term ‘qualifying offeror’ means 

3 an offeror that— 

4 ‘‘(A) is determined to be a responsible 

5 source; 

6 ‘‘(B) submits a proposal that conforms to 

7 the requirements of the solicitation; and 

8 ‘‘(C) the contracting officer has no reason 

9 to believe would likely offer other than fair and 

10 reasonable pricing.’’. 

11 (b) CONTRACTING UNDER TITLE 10, UNITED

12 STATES CODE.—Section 2305(a)(3) of title 10, United 

13 States Code, is amended— 

14 (1) in subparagraph (A), by inserting ‘‘(except 

15 as provided in subparagraph (C))’’ in clauses (ii) 

16 and (iii) after ‘‘shall’’; and 

17 (2) by adding at the end the following new sub18 paragraphs: 

19 ‘‘(C) If the head of an agency issues a solicitation 

20 for multiple task or delivery order contracts under section 

21 2304a(d)(1)(B) of this title for the same or similar serv22 ices and intends to make a contract award to each quali23 fying offeror— 

24 ‘‘(i) cost or price to the Federal Government 

25 need not, at the Government’s discretion, be considVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
50 

•HR 1735 IH

1 ered under clause (ii) of subparagraph (A) as an 

2 evaluation factor for the contract award; and 

3 ‘‘(ii) if, pursuant to clause (i), cost or price to 

4 the Federal Government is not considered as an 

5 evaluation factor for the contract award— 

6 ‘‘(I) the disclosure requirement of clause 

7 (iii) of subparagraph (A) shall not apply; and 

8 ‘‘(II) cost or price to the Federal Govern9 ment shall be considered in conjunction with 

10 the issuance pursuant to section 2304c(b) of 

11 this title of a task or delivery order under any 

12 contract resulting from the solicitation. 

13 ‘‘(D) In subparagraph (C), the term ‘qualifying offer14 or’ means an offeror that— 

15 ‘‘(i) is determined to be a responsible source; 

16 ‘‘(ii) submits a proposal that conforms to the 

17 requirements of the solicitation; and 

18 ‘‘(iii) the contracting officer has no reason to 

19 believe would likely offer other than fair and reason20 able pricing.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
51 

•HR 1735 IH

1 Subtitle C—Acquisition Reform 

2 Proposals 

3 SEC. 821. MODIFICATION TO REQUIREMENTS RELATING TO 

4 DETERMINATION OF CONTRACT TYPE FOR 

5 MAJOR DEVELOPMENT PROGRAMS. 

6 (a) DETERMINATION OF CONTRACT TYPE.—Section 

7 2306 of title 10, United States Code, is amended by add8 ing at the end the following new subsection: 

9 ‘‘(i) REQUIRED ELEMENTS OF GUIDANCE RELATING

10 TO CONTRACT TYPE.—(1) The Secretary of Defense shall 

11 ensure that the guidance of the Department of Defense 

12 relating to major defense acquisition programs and major 

13 automated information systems includes— 

14 ‘‘(A) a requirement that the acquisition 

15 strategy for such a program or system include 

16 identification of the contract type for develop17 ment of the program or system; and 

18 ‘‘(B) a justification of the contract type 

19 identified. 

20 ‘‘(2) The contract type identified in accordance with 

21 paragraph (1)(A) may be— 

22 ‘‘(A) a fixed-price type contract (including a 

23 fixed-price incentive contract); or 

24 ‘‘(B) a cost-type contract (including a cost-plus25 incentive-fee contract). 


rfrederick on DSK6VPTVN1PROD with BILLS
52 

•HR 1735 IH

1 ‘‘(3) The guidance referred to in paragraph (1) shall 

2 require that the justification for the contract type selected 

3 explain— 

4 ‘‘(A) how the level of program risk relates to 

5 the contract type selected; and 

6 ‘‘(B) how the use of incentives (especially cost 

7 incentives) in the contract, if any, supports the ob8 jectives of the development program. 

9 ‘‘(4) The guidance shall also specify that the use of 

10 contracts with target costs, target profits or fees, and 

11 profit or fee adjustment formulas, during development, 

12 where applicable, is ordinarily in the interest of the Gov13 ernment.’’. 

14 (b) REPEAL.—Section 818 of the John Warner Na15 tional Defense Authorization Act for Fiscal Year 2007 

16 (Public Law 109–364; 10 U.S.C. 2306 note) is amended 

17 by striking subsections (b), (c), (d), and (e). 

18 (c) MODIFICATION OF REGULATIONS.—Not later 

19 than 120 days after the date of the enactment of this Act, 

20 the Secretary of Defense shall modify the regulations of 

21 the Department of Defense regarding the determination 

22 of contract type for development programs to be consistent 

23 with the amendments made by this section. 


rfrederick on DSK6VPTVN1PROD with BILLS
53 

•HR 1735 IH

1 SEC. 822. REPEAL OF REQUIREMENT FOR STAND-ALONE 

2 MANPOWER ESTIMATES FOR MAJOR DE3 FENSE ACQUISITION PROGRAMS. 

4 (a) REPEAL OF REQUIREMENT.—Subsection (a)(1) 

5 of section 2434 of title 10, United States Code, is amend6 ed by striking ‘‘and a manpower estimate for the program 

7 have’’ and inserting ‘‘has’’. 

8 (b) CONFORMING AMENDMENTS RELATING TO REG9 ULATIONS.—Subsection (b) of such section is amended— 

10 (1) by striking paragraph (2); 

11 (2) by striking ‘‘shall require—’’ and all that 

12 follows through ‘‘that the independent’’ and insert13 ing ‘‘shall require that the independent’’; 

14 (3) by redesignating subparagraphs (A) and 

15 (B) as paragraphs (1) and (2), respectively, and re16 aligning those paragraphs so as to be two ems from 

17 the left margin; and 

18 (4) in paragraph (2), as so redesignated— 

19 (A) by striking ‘‘and operations and sup20 port,’’ and inserting ‘‘operations and support, 

21 and manpower to operate, maintain, and sup22 port the program upon full operational deploy23 ment,’’; and 

24 (B) by striking ‘‘; and’’ at the end and in25 serting a period. 

26 (c) CLERICAL AMENDMENTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
54 

•HR 1735 IH

1 (1) SECTION HEADING.—The heading of such 

2 section is amended to read as follows: 

3 ‘‘§ 2434. Independent cost estimates’’. 

4 (2) TABLE OF SECTIONS.—The item relating to 

5 such section in the table of sections at the beginning 

6 of chapter 144 of such title is amended to read as 

7 follows: 

‘‘2434. Independent cost estimates.’’. 

8 SEC. 823. REVISION OF MILESTONE DECISION AUTHORITY 

9 RESPONSIBILITIES FOR MAJOR DEFENSE AC10 QUISITION PROGRAMS. 

11 (a) REVISION.— 

12 (1) IN GENERAL.—Sections 2366a and 2366b 

13 of title 10, United States Code, are amended to read 

14 as follows: 

15 ‘‘§ 2366a. Major defense acquisition programs: re16 sponsibilities at Milestone A approval 

17 ‘‘(a) RESPONSIBILITIES.—Before granting Milestone 

18 A approval for a major defense acquisition program or a 

19 major subprogram, the Milestone Decision Authority for 

20 the program or subprogram shall ensure— 

21 ‘‘(1) that information about the program or 

22 subprogram is sufficient to warrant entry of the pro23 gram or subprogram into the risk reduction phase; 

24 and 


rfrederick on DSK6VPTVN1PROD with BILLS
55 

•HR 1735 IH

1 ‘‘(2) that there are sound plans for progression 

2 of the program or subprogram to the development 

3 phase. 

4 ‘‘(b) CONSIDERATIONS.—In carrying out subsection 

5 (a), the Milestone Decision Authority shall consider to 

6 what extent the program or subprogram— 

7 ‘‘(1) meets a joint military requirement; 

8 ‘‘(2) responds to an anticipated or likely threat; 

9 ‘‘(3) has been developed in light of a review of 

10 alternative approaches; 

11 ‘‘(4) is affordable; 

12 ‘‘(5) has (A) identified areas of risk and, (B) 

13 for each such identified area of risk, has a plan to 

14 reduce the risk that is documented in the acquisition 

15 strategy for the program or subprogram; 

16 ‘‘(6) addresses planning for sustainment; and 

17 ‘‘(7) meets any other considerations the Mile18 stone Decision Authority considers relevant. 

19 ‘‘(c) RELATIONSHIP TO OTHER STATUTES.—In as20 sessing the considerations in subsection (b), the Milestone 

21 Decision Authority shall include consideration of the fol22 lowing: 

23 ‘‘(1) With respect to joint military require24 ments, the requirements of section 181 of this title. 


rfrederick on DSK6VPTVN1PROD with BILLS
56 

•HR 1735 IH

1 ‘‘(2) With respect to alternative approaches, the 

2 requirements of section 201 of the Weapon Systems 

3 Acquisition Reform Act of 2009 (Public Law 111– 

4 23; 10 U.S.C. 2302 note). 

5 ‘‘(3) With respect to affordability and cost esti6 mates and analyses, the requirements of section 

7 2334 of this title. 

8 ‘‘(4) With respect to risk, the requirements 

9 of— 

10 ‘‘(A) section 138b of this title; and 

11 ‘‘(B) section 203 of the Weapon Systems 

12 Acquisition Reform Act of 2009 (Public Law 

13 111–23; 10 U.S.C. 2430 note). 

14 ‘‘(5) With respect to sustainment, the require15 ments of section 2337 and section 2464 of this title. 

16 ‘‘(d) NOTIFICATION.—Not later than 30 days after 

17 granting Milestone A approval for a major defense acquisi18 tion program or major subprogram, the Milestone Deci19 sion Authority for that program or subprogram shall sub20 mit to the congressional defense committees notice of such 

21 approval in writing. The Milestone Decision Authority’s 

22 decision memorandum with respect to such approval shall 

23 be available to the congressional defense committees upon 

24 request, consistent with any relevant classification require25 ments. 


rfrederick on DSK6VPTVN1PROD with BILLS
57 

•HR 1735 IH

1 ‘‘(e) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘major defense acquisition pro3 gram’ means a Department of Defense acquisition 

4 program that is a major defense acquisition program 

5 for purposes of section 2430 of this title. 

6 ‘‘(2) The term ‘major subprogram’ means a 

7 major subprogram of a major defense acquisition 

8 program designated under section 2430a(a)(1) of 

9 this title. 

10 ‘‘(3) The term ‘Milestone Decision Authority’, 

11 with respect to a major defense acquisition program 

12 or a major subprogram, means the official within the 

13 Department of Defense designated with the overall 

14 responsibility and authority for acquisitions decisions 

15 for the program or subprogram, including authority 

16 to approve entry of the program or subprogram into 

17 the next phase of the acquisition process. 

18 ‘‘(4) The term ‘Milestone A approval’ means a 

19 decision to enter into a risk reduction phase pursu20 ant to guidance prescribed by the Secretary of De21 fense for the management of Department of Defense 

22 acquisition programs. 

23 ‘‘(5) The term ‘joint military requirement’ has 

24 the meaning given that term in section 181(g)(1) of 

25 this title. 


rfrederick on DSK6VPTVN1PROD with BILLS
58 

•HR 1735 IH

1 ‘‘§ 2366b. Major defense acquisition programs: re2 sponsibilities at Milestone B approval 

3 ‘‘(a) RESPONSIBILITIES.—Before granting Milestone 

4 B approval for a major defense acquisition program or a 

5 major subprogram, the Milestone Decision Authority for 

6 the program or subprogram shall ensure— 

7 ‘‘(1) that information about the program or 

8 subprogram is sufficient to warrant entry of the pro9 gram or subprogram into the development phase; 

10 and 

11 ‘‘(2) that there are sound plans in place for the 

12 program or subprogram to deliver the required capa13 bility. 

14 ‘‘(b) CONSIDERATIONS.—In carrying out subsection 

15 (a), the Milestone Decision Authority shall consider to 

16 what extent the program or subprogram will do each of 

17 the following: 

18 ‘‘(1) Provide a capability that is affordable. 

19 ‘‘(2) Identify and mitigate programmatic risks. 

20 ‘‘(3) Deliver a capability with acceptable per21 formance to fulfill a joint military requirement. 

22 ‘‘(4) Utilize technologies assessed to be mature. 

23 ‘‘(5) Effectively utilize competition. 

24 ‘‘(6) Enable sustainment of the capability that 

25 is provided by the program or subprogram. 


rfrederick on DSK6VPTVN1PROD with BILLS
59 

•HR 1735 IH

1 ‘‘(7) Continue to address, as necessary, the con2 siderations for Milestone A approval (or in the case 

3 that the program has not previously been granted 

4 Milestone A approval, address such considerations). 

5 ‘‘(8) Respond to anticipated or likely threats. 

6 ‘‘(9) Meet any other considerations the Mile7 stone Decision Authority considers relevant. 

8 ‘‘(c) RELATIONSHIP TO OTHER STATUTES.—In ad9 dressing the considerations in subsection (b), the Mile10 stone Decision Authority shall include consideration of the 

11 following: 

12 ‘‘(1) With respect to affordability, the require13 ments of section 2334 of this title. 

14 ‘‘(2) With respect to risk, the requirements 

15 of— 

16 ‘‘(A) section 203 of the Weapon Systems 

17 Acquisition Reform Act of 2009 (Public Law 

18 111–23; 10 U.S.C. 2430 note); and 

19 ‘‘(B) section 138b of this title. 

20 ‘‘(3) With respect to fulfilling a joint military 

21 requirement, the requirements of section 181 of this 

22 title. 

23 ‘‘(4) With respect to competition, the require24 ments of— 


rfrederick on DSK6VPTVN1PROD with BILLS
60 

•HR 1735 IH

1 ‘‘(A) section 202 of the Weapon Systems 

2 Acquisition Reform Act of 2009 (Public Law 

3 111–23; 10 U.S.C. 2430 note); and 

4 ‘‘(B) section 2304 of this title. 

5 ‘‘(5) With respect to sustainment, the require6 ments of section 2337 and section 2464 of this title. 

7 ‘‘(d) NOTIFICATION.—Not later than 30 days after 

8 granting Milestone B approval for a major defense acqui9 sition program or major subprogram, the Milestone Deci10 sion Authority for the program or subprogram shall sub11 mit to the congressional defense committees notice of such 

12 approval in writing. The Milestone Decision Authority’s 

13 decision memorandum with respect to such approval shall 

14 be available to the congressional defense committees upon 

15 request, consistent with any relevant classification require16 ments. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘major defense acquisition pro19 gram’ means a Department of Defense acquisition 

20 program that is a major defense acquisition program 

21 for purposes of section 2430 of this title. 

22 ‘‘(2) The term ‘major subprogram’ means a 

23 major subprogram of a major defense acquisition 

24 program designated under section 2430a(a)(1) of 

25 this title. 


rfrederick on DSK6VPTVN1PROD with BILLS
61 

•HR 1735 IH

1 ‘‘(3) The term ‘Milestone Decision Authority’, 

2 with respect to a major defense acquisition program 

3 or a major subprogram, means the official within the 

4 Department of Defense designated with the overall 

5 responsibility and authority for acquisition decisions 

6 for the program or subprogram, including authority 

7 to approve entry of the program or subprogram into 

8 the next phase of the acquisition process. 

9 ‘‘(4) The term ‘Milestone A approval’ means a 

10 decision to enter into a risk reduction phase pursu11 ant to guidance prescribed by the Secretary of De12 fense for the management of Department of Defense 

13 acquisition programs. 

14 ‘‘(5) The term ‘Milestone B approval’ means a 

15 decision to enter into a development phase pursuant 

16 to guidance prescribed by the Secretary of Defense 

17 for the management of Department of Defense ac18 quisition programs. 

19 ‘‘(6) The term ‘joint military requirement’ has 

20 the meaning given that term in section 181(g)(1) of 

21 this title.’’. 

22 (2) CLERICAL AMENDMENT.—The items relat23 ing to such sections in the table of sections at the 

24 beginning of chapter 139 of such title are amended 

25 to read as follows: 


rfrederick on DSK6VPTVN1PROD with BILLS
62 

•HR 1735 IH

‘‘2366a. Major defense acquisition programs: responsibilities at Milestone A approval. 

‘‘2366b. Major defense acquisition programs: responsibilities at Milestone B approval.’’. 

1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 139b of this title is amended— 

3 (A) in subsection (a)(5)— 

4 (i) in subparagraph (B), by striking 

5 ‘‘review and approve or disapprove’’ and 

6 inserting ‘‘advise the milestone decision au7 thority regarding review and approval of’’; 

8 and 

9 (ii) in subparagraph (C), by inserting 

10 ‘‘in order to advise relevant technical au11 thorities for such programs on the incorpo12 ration of best practices for developmental 

13 test from across the Department’’ after 

14 ‘‘programs’’; and 

15 (B) in subsection (b)(5)— 

16 (i) in subparagraph (B), by striking 

17 ‘‘review and approve’’ and inserting ‘‘ad18 vise the milestone decision authority re19 garding review and approval of’’; and 

20 (ii) in subparagraph (C), by inserting 

21 ‘‘in order to advise relevant technical au22 thorities for such programs on the incorpo23 ration of best practices for systems engiVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
63 

•HR 1735 IH

1 neering from across the Department’’ after 

2 ‘‘programs’’. 

3 (2) Section 2334(a)(6)(A)(i) of such title is 

4 amended by striking ‘‘any certification under’’ and 

5 inserting ‘‘any decision to grant milestone approval 

6 pursuant to’’. 

7 SEC. 824. STREAMLINING OF REQUIREMENTS RELATING TO 

8 DEFENSE BUSINESS SYSTEMS. 

9 (a) IN GENERAL.— 

10 (1) REVISION.—Section 2222 of title 10, 

11 United States Code, is amended to read as follows: 

12 ‘‘§ 2222. Defense business systems: business process 

13 reengineering; enterprise architecture; 

14 management 

15 ‘‘(a) DEFENSE BUSINESS SYSTEMS GENERALLY.— 

16 The Secretary of Defense shall ensure that each covered 

17 defense business system developed, deployed, and operated 

18 by the Department of Defense— 

19 ‘‘(1) supports efficient business processes that 

20 have been reviewed, and as appropriate revised, 

21 through business process reengineering; 

22 ‘‘(2) is integrated into a comprehensive defense 

23 business enterprise architecture; and 


rfrederick on DSK6VPTVN1PROD with BILLS
64 

•HR 1735 IH

1 ‘‘(3) is managed in a manner that provides visi2 bility into, and traceability of, expenditures for the 

3 system. 

4 ‘‘(b) ISSUANCE OF GUIDANCE.— 

5 ‘‘(1) SECRETARY OF DEFENSE GUIDANCE.— 

6 The Secretary shall issue guidance to provide for the 

7 coordination of, and decision making for, the plan8 ning, programming, and control of investments in 

9 covered defense business systems. 

10 ‘‘(2) SUPPORTING GUIDANCE.—The Secretary 

11 shall direct the Deputy Chief Management Officer of 

12 the Department of Defense, the Under Secretary of 

13 Defense for Acquisition, Technology, and Logistics, 

14 the Chief Information Officer, and the Chief Man15 agement Officer of each of the military departments 

16 to issue and maintain supporting guidance, as ap17 propriate, for the guidance of the Secretary issued 

18 under paragraph (1). 

19 ‘‘(c) GUIDANCE ELEMENTS.—The guidance issued 

20 pursuant to subsection (b)(1) shall include the following 

21 elements: 

22 ‘‘(1) Policy to ensure that the business proc23 esses of the Department of Defense are continuously 

24 evolved to— 


rfrederick on DSK6VPTVN1PROD with BILLS
65 

•HR 1735 IH

1 ‘‘(A) implement the most streamlined and 

2 efficient business process practicable; and 

3 ‘‘(B) enable the use of commercial off-the4 shelf business systems with the fewest changes 

5 necessary to accommodate requirements and 

6 interfaces that are unique to the Department of 

7 Defense. 

8 ‘‘(2) A process to establish requirements for 

9 covered defense business systems. 

10 ‘‘(3) Mechanisms for the planning and control 

11 of investments in covered defense business systems, 

12 including a process for the collection and review of 

13 programming and budgeting information for covered 

14 defense business systems. 

15 ‘‘(4) Policy requiring the periodic review of cov16 ered defense business systems that have been fully 

17 deployed, by portfolio, to ensure that investments in 

18 such portfolios are appropriate. 

19 ‘‘(d) DEFENSE BUSINESS ENTERPRISE ARCHITEC20 TURE.— 

21 ‘‘(1) BLUEPRINT.—The Secretary, working 

22 through the Deputy Chief Management Officer of 

23 the Department of Defense, shall develop and main24 tain a blueprint to guide the development of inte25 grated business processes within the Department of 


rfrederick on DSK6VPTVN1PROD with BILLS
66 

•HR 1735 IH

1 Defense Such blueprint shall be known as the ‘de2 fense business enterprise architecture’. 

3 ‘‘(2) PURPOSE.—The defense business enter4 prise architecture shall be sufficiently defined to ef5 fectively guide implementation of interoperable de6 fense business system solutions and shall be con7 sistent with the policies and procedures established 

8 by the Director of the Office of Management and 

9 Budget. 

10 ‘‘(3) ELEMENTS.—The defense business enter11 prise architecture shall— 

12 ‘‘(A) include policies, procedures, business 

13 data standards, business performance measures, 

14 and business information requirements that 

15 apply uniformly throughout the Department of 

16 Defense; and 

17 ‘‘(B) enable the Department of Defense 

18 to— 

19 ‘‘(i) comply with all applicable law, in20 cluding Federal accounting, financial man21 agement, and reporting requirements; 

22 ‘‘(ii) routinely produce verifiable, 

23 timely, accurate, and reliable business and 

24 financial information for management pur25 poses; and 


rfrederick on DSK6VPTVN1PROD with BILLS
67 

•HR 1735 IH

1 ‘‘(iii) integrate budget, accounting, 

2 and program information and systems. 

3 ‘‘(4) INTEGRATION INTO INFORMATION TECH4 NOLOGY ARCHITECTURE.—The defense business en5 terprise architecture shall integrate into an informa6 tion technology enterprise architecture, developed by 

7 the Chief Information Officer of the Department of 

8 Defense, which describes a target business systems 

9 computing environment for each of the major busi10 ness processes conducted by the Department of De11 fense. 

12 ‘‘(e) DEFENSE BUSINESS COUNCIL.— 

13 ‘‘(1) REQUIREMENT FOR COUNCIL.—The Sec14 retary shall establish a Defense Business Council to 

15 provide advice to the Secretary on developing the de16 fense business enterprise architecture, reengineering 

17 the Department’s business processes, and require18 ments for defense business systems. The Council 

19 shall be chaired by the Deputy Chief Management 

20 Officer and the Chief Information Officer of the De21 partment of Defense. 

22 ‘‘(2) MEMBERSHIP.—The membership of the 

23 Council shall include the following: 

24 ‘‘(A) The Chief Management Officers of 

25 the military departments, or their designees. 


rfrederick on DSK6VPTVN1PROD with BILLS
68 

•HR 1735 IH

1 ‘‘(B) The following officials of the Depart2 ment of Defense, or their designees: 

3 ‘‘(i) The Under Secretary of Defense 

4 for Acquisition, Technology, and Logistics 

5 with respect to acquisition, logistics, and 

6 installations management processes. 

7 ‘‘(ii) The Under Secretary of Defense 

8 (Comptroller) with respect to financial 

9 management and planning and budgeting 

10 processes. 

11 ‘‘(iii) The Under Secretary of Defense 

12 for Personnel and Readiness with respect 

13 to human resources management proc14 esses. 

15 ‘‘(f) APPROVALS REQUIRED FOR DEVELOPMENT.— 

16 ‘‘(1) INITIAL APPROVAL REQUIRED.—The Sec17 retary shall ensure that a covered defense business 

18 system program cannot proceed into development 

19 (or, if no development is required, into production or 

20 fielding) unless the appropriate approval official (as 

21 specified in paragraph (2)) has determined that the 

22 covered defense business system concerned— 

23 ‘‘(A) supports a business process that has 

24 been, or is being as a result of the acquisition 

25 program, reengineered to be as streamlined and 


rfrederick on DSK6VPTVN1PROD with BILLS
69 

•HR 1735 IH

1 efficient as practicable consistent with the guid2 ance issued pursuant to subsection (b), includ3 ing business process mapping; 

4 ‘‘(B) is in compliance with the defense 

5 business enterprise architecture developed pur6 suant to subsection (d) or will be in compliance 

7 as a result of modifications planned; 

8 ‘‘(C) has valid, achievable requirements; 

9 and 

10 ‘‘(D) is in compliance with the Depart11 ment’s auditability requirements. 

12 ‘‘(2) APPROPRIATE OFFICIAL.—For purposes of 

13 paragraph (1), the appropriate approval official with 

14 respect to a covered defense business system is the 

15 following: 

16 ‘‘(A) In the case of a system of a military 

17 department, the Chief Management Officer of 

18 that military department. 

19 ‘‘(B) In the case of a system of a Defense 

20 Agency or Defense Field Activity or a system 

21 that will support the business process of more 

22 than one military department or Defense Agen23 cy or Defense Field Activity, the Deputy Chief 

24 Management Officer of the Department of De25 fense. 


rfrederick on DSK6VPTVN1PROD with BILLS
70 

•HR 1735 IH

1 ‘‘(C) In the case of any system, such offi2 cial other than the applicable official under sub3 paragraph (A) or (B) as the Secretary des4 ignates for such purpose. 

5 ‘‘(3) ANNUAL CERTIFICATION.—For any fiscal 

6 year in which funds are expended for development 

7 pursuant to a covered defense business system pro8 gram, the Defense Business Council shall review the 

9 system and certify (or decline to certify as the case 

10 may be) that it continues to satisfy the requirements 

11 of paragraph (1). If the Council determines that cer12 tification cannot be granted, the chairman of the 

13 Council shall notify the Appropriate Approving Offi14 cial and the acquisition Milestone Decision Authority 

15 for the program and provide a recommendation for 

16 corrective action. 

17 ‘‘(4) OBLIGATION OF FUNDS IN VIOLATION OF

18 REQUIREMENTS.—The obligation of Department of 

19 Defense funds for a covered defense business system 

20 program that has not been certified in accordance 

21 with paragraph (3) is a violation of section 

22 1341(a)(1)(A) of title 31. 

23 ‘‘(g) RESPONSIBILITY OF MILESTONE DECISION AU24 THORITY.—The Secretary shall ensure that, as part of the 

25 defense acquisition system, the requirements of this secVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
71 

•HR 1735 IH

1 tion are fully addressed by the Milestone Decision Author2 ity for a covered defense business system program as ac3 quisition process approvals are considered for such system. 

4 ‘‘(h) ANNUAL REPORT.—Not later than March 15 of 

5 each year from 2016 through 2020, the Secretary shall 

6 submit to the congressional defense committees a report 

7 on activities of the Department of Defense pursuant to 

8 this section. Each report shall include the following: 

9 ‘‘(1) A description of actions taken and planned 

10 with respect to the guidance required by subsection 

11 (b) and the defense business enterprise architecture 

12 developed pursuant to subsection (d). 

13 ‘‘(2) A description of actions taken and planned 

14 for the reengineering of business processes by the 

15 Defense Business Council established pursuant to 

16 subsection (e). 

17 ‘‘(3) A summary of covered defense business 

18 system funding and covered defense business sys19 tems approved pursuant to subsection (f). 

20 ‘‘(4) Identification of any covered defense busi21 ness system program that during the preceding fis22 cal year was reviewed and not approved pursuant to 

23 subsection (f) and the reasons for the lack of ap24 proval. 


rfrederick on DSK6VPTVN1PROD with BILLS
72 

•HR 1735 IH

1 ‘‘(5) Identification of any covered defense busi2 ness system program that during the preceding fis3 cal year failed to achieve initial operational capa4 bility within five years of when the program received 

5 Milestone B approval. 

6 ‘‘(6) For any program identified under para7 graph (5), a description of the plan to address the 

8 issues which caused the failure. 

9 ‘‘(7) A discussion of specific improvements in 

10 business operations and cost savings resulting from 

11 successful covered defense business systems pro12 grams. 

13 ‘‘(8) A copy of the most recent report of the 

14 Chief Management Officer of each military depart15 ment on implementation of business transformation 

16 initiatives by such military department in accordance 

17 with section 908 of the Duncan Hunter National 

18 Defense Authorization Act for Fiscal Year 2009 

19 (Public Law 110–417; 122 Stat. 4569; 10 U.S.C. 

20 2222 note). 

21 ‘‘(i) DEFINITIONS.—In this section: 

22 ‘‘(1)(A) DEFENSE BUSINESS SYSTEM.—The 

23 term ‘defense business system’ means an informa24 tion system that is operated by, for, or on behalf of 


rfrederick on DSK6VPTVN1PROD with BILLS
73 

•HR 1735 IH

1 the Department of Defense, including any of the fol2 lowing: 

3 ‘‘(i) A financial system. 

4 ‘‘(ii) A financial data feeder system. 

5 ‘‘(iii) A contracting system. 

6 ‘‘(iv) A logistics system. 

7 ‘‘(v) A planning and budgeting system. 

8 ‘‘(vi) An installations management system. 

9 ‘‘(vii) A human resources management sys10 tem. 

11 ‘‘(viii) A training and readiness system. 

12 ‘‘(B) The term does not include— 

13 ‘‘(i) a national security system; or 

14 ‘‘(ii) an information system used exclu15 sively by and within the defense commissary 

16 system or the exchange system or other instru17 mentality of the Department of Defense con18 ducted for the morale, welfare, and recreation 

19 of members of the armed forces using non20 appropriated funds. 

21 ‘‘(2) COVERED DEFENSE BUSINESS SYSTEM.— 

22 The term ‘covered defense business system’ means a 

23 defense business system that is expected to have a 

24 total amount of budget authority over the period of 

25 the current future-years defense program submitted 


rfrederick on DSK6VPTVN1PROD with BILLS
74 

•HR 1735 IH

1 to Congress under section 221 of this title, in excess 

2 of the threshold established for the use of special 

3 simplified acquisition procedures pursuant to section 

4 2304(g)(1)(B) of this title. 

5 ‘‘(3) COVERED DEFENSE BUSINESS SYSTEM

6 PROGRAM.—The term ‘covered defense business sys7 tem program’ means a defense acquisition program 

8 to develop and field a covered defense business sys9 tem or an increment of a covered defense business 

10 system. 

11 ‘‘(4) ENTERPRISE ARCHITECTURE.—The term 

12 ‘enterprise architecture’ has the meaning given that 

13 term in section 3601(4) of title 44. 

14 ‘‘(5) INFORMATION SYSTEM.—The term ‘infor15 mation system’ has the meaning given that term in 

16 section 11101 of title 40. 

17 ‘‘(6) NATIONAL SECURITY SYSTEM.—The term 

18 ‘national security system’ has the meaning given 

19 that term in section 3542(b)(2) of title 44. 

20 ‘‘(7) MILESTONE DECISION AUTHORITY.—The 

21 term ‘Milestone Decision Authority’, with respect to 

22 a defense acquisition program, means the individual 

23 within the Department of Defense designated with 

24 the responsibility to grant milestone approvals for 

25 that program. 


rfrederick on DSK6VPTVN1PROD with BILLS
75 

•HR 1735 IH

1 ‘‘(8) BUSINESS PROCESS MAPPING.—The term 

2 ‘business process mapping’ means a procedure in 

3 which the steps in a business process are clarified 

4 and documented in both written form and in a flow 

5 chart.’’. 

6 (2) TABLE OF SECTIONS.—The table of sections 

7 at the beginning of chapter 131 of such title is 

8 amended to read as follows: 

‘‘2222. Defense business systems: business process reengineering; enterprise architecture; management.’’. 

9 (b) DEADLINE FOR GUIDANCE.—The guidance re10 quired by subsection (b)(1) of section 2222 of title 10, 

11 United States Code, as amended by subsection (a)(1), 

12 shall be issued not later than December 31, 2016. 

13 (c) REPEAL.—Section 811 of the John Warner Na14 tional Defense Authorization Act for Fiscal Year 2007 

15 (Public Law 109–364; 10 U.S.C. 2222 note) is repealed. 

16 SEC. 825. REVISION TO LIFE-CYCLE MANAGEMENT AND 

17 PRODUCT SUPPORT REQUIREMENTS. 

18 (a) CONSOLIDATION OF CERTAIN LOGISTICS AND

19 SUSTAINMENT-RELATED PROVISIONS.—Section 

20 2337(b)(2) of title 10, United States Code, is amended— 

21 (1) in subparagraph (A), by inserting before the 

22 semicolon the following: ‘‘in order to sustain the sys23 tem until either (i) a replacement system is fielded 

24 and assumes the majority of responsibility for the 


rfrederick on DSK6VPTVN1PROD with BILLS
76 

•HR 1735 IH

1 mission of the existing system, or (ii) the mission of 

2 the system is eliminated and the system is disposed 

3 of’’; 

4 (2) in subparagraph (D), by inserting 

5 ‘‘sustainment of core logistics capabilities specified 

6 in section 2464 of this title and’’ after ‘‘ensure’’; 

7 (3) by striking ‘‘and’’ at the end of subpara8 graph (H); 

9 (4) by striking the period at the end of sub10 paragraph (I) and inserting a semicolon; and 

11 (5) by adding at the end the following new sub12 paragraphs: 

13 ‘‘(J) make a determination regarding the 

14 applicability of preservation and storage of 

15 unique tooling associated with the production of 

16 program-specific hardware, if relevant, includ17 ing a plan for the preservation, storage, or dis18 posal of all production tooling; and 

19 ‘‘(K) identify obsolete electronic parts that 

20 are included in the specifications of the system 

21 being acquired and determine suitable replace22 ments for such parts.’’. 

23 (b) CORE LOGISTICS CAPABILITIES.—Section 2464 

24 of such title is amended— 


rfrederick on DSK6VPTVN1PROD with BILLS
77 

•HR 1735 IH

1 (1) by redesignating subsections (d) and (e) as 

2 subsections (e) and (f), respectively; and 

3 (2) by inserting after subsection (c) the fol4 lowing new subsection (d): 

5 ‘‘(d) ACQUISITION MANAGEMENT INFORMATION RE6 QUIREMENTS.—The Secretary of Defense shall ensure 

7 that, when milestone approval for a major defense acquisi8 tion program is under consideration, matters relating to 

9 core logistics capabilities are considered as follows: 

10 ‘‘(1) Before Milestone A approval for the pro11 gram is granted, an analysis of the applicability of 

12 core logistics capabilities requirements to the pro13 gram shall be considered. 

14 ‘‘(2) Before Milestone B approval for the pro15 gram is granted, an estimate of the requirements for 

16 core logistics capabilities for the program, and the 

17 associated sustaining workloads required to support 

18 such requirements, shall be considered. 

19 ‘‘(3) Before approval is granted for the pro20 gram to enter low-rate initial production, a descrip21 tion of requirements for core depot-level mainte22 nance and repair capabilities, as well as the associ23 ated logistics capabilities and the associated sus24 taining workloads required to support such require25 ments, shall be considered.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
78 

•HR 1735 IH

1 (c) CONFORMING REPEALS AND AMENDMENTS.— 

2 (1)(A) Section 2437 of title 10, United States 

3 Code, is repealed. 

4 (B) The table of sections at the beginning of 

5 chapter 144 is amended by striking the item relating 

6 to section 2437. 

7 (2) Section 815 of the Duncan Hunter National 

8 Defense Authorization Act for Fiscal Year 2009 

9 (Public Law 110–417; 122 Stat. 4530) is repealed. 

10 (3) Section 803(b) of the National Defense Au11 thorization Act for Fiscal Year 2014 (Public Law 

12 113–66; 10 U.S.C. prec. 2571 note) is amended— 

13 (A) by inserting ‘‘and’’ at the end of para14 graph (3); 

15 (B) striking ‘‘; and’’ at the end of para16 graph (4) and inserting a period; and 

17 (C) by striking paragraph (5). 

18 SEC. 826. ACQUISITION STRATEGY REQUIRED FOR EACH 

19 MAJOR DEFENSE ACQUISITION PROGRAM. 

20 (a) CONSOLIDATION OF REQUIREMENTS RELATING

21 TO ACQUISITION STRATEGY.— 

22 (1) NEW TITLE 10 SECTION.—Chapter 144 of 

23 title 10, United States Code, is amended by insert24 ing after section 2431 the following new section: 


rfrederick on DSK6VPTVN1PROD with BILLS
79 

•HR 1735 IH

1 ‘‘§ 2431a. Acquisition strategy 

2 ‘‘(a) REQUIREMENT.—(1) There shall be an acquisi3 tion strategy for each major defense acquisition program. 

4 The acquisition strategy for a major defense acquisition 

5 program shall be reviewed by the Milestone Decision Au6 thority for the program at each time specified in para7 graph (2). The Milestone Decision Authority may approve, 

8 disapprove, or revise the acquisition strategy at any such 

9 time. 

10 ‘‘(2) The times at which the acquisition strategy for 

11 a major defense acquisition program shall be reviewed by 

12 the Milestone Decision Authority for the program under 

13 paragraph (1) are the following: 

14 ‘‘(A) Program initiation. 

15 ‘‘(B) Each subsequent milestone. 

16 ‘‘(C) Full-Rate Production Decision Review. 

17 ‘‘(D) Any other time considered relevant by the 

18 Milestone Decision Authority. 

19 ‘‘(b) CONSIDERATIONS.—The acquisition strategy for 

20 a major defense acquisition program shall present a top21 level description of the business and technical manage22 ment approach designed to achieve the objectives of the 

23 program within the resource constraints imposed. The 

24 strategy shall clearly express the program manager’s ap25 proach to the program in sufficient detail to allow the 

26 Milestone Decision Authority to assess the viability of apVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
80 

•HR 1735 IH

1 proach, implementation of laws and policies, and program 

2 objectives. The content and review and approval process 

3 for the acquisition strategy for a major defense acquisition 

4 program shall be issued and maintained by the Under Sec5 retary of Defense for Acquisition, Technology, and Logis6 tics; however, the acquisition strategy should consider the 

7 following: 

8 ‘‘(1) Tailoring. 

9 ‘‘(2) Acquisition approach, including industrial 

10 base considerations in accordance with section 2440 

11 of this title and, if applicable, plans for increments 

12 or evolutionary acquisition. 

13 ‘‘(3) Risk management, in accordance with sec14 tion 203 of the Weapon Systems Acquisition Reform 

15 Act of 2009 (Public Law 111–23; 10 U.S.C. 2430 

16 note). 

17 ‘‘(4) Business strategy, including measures to 

18 ensure competition in accordance with section 202 of 

19 the Weapon Systems Acquisition Reform Act of 

20 2009 (Public Law 111–23; 10 U.S.C. 2430 note). 

21 ‘‘(5) Contracting strategy, including sources, 

22 contract bundling, if applicable, and small business 

23 participation. 

24 ‘‘(6) Intellectual property strategy, in accord25 ance with section 2320 of this title. 


rfrederick on DSK6VPTVN1PROD with BILLS
81 

•HR 1735 IH

1 ‘‘(7) International involvement, including For2 eign Military Sales and Cooperative Opportunities, 

3 in accordance with section 2350a of this title. 

4 ‘‘(c) In this section, the term ‘Milestone Decision Au5 thority’, with respect to a major defense acquisition pro6 gram, means the official within the Department of De7 fense designated with the overall responsibility and au8 thority for acquisition decisions for the program, including 

9 authority to approve entry of the program into the next 

10 phase of the acquisition process.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended 

13 by inserting after the item relating to section 2431 

14 the following new item: 

‘‘2431a. Acquisition strategy.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) Section 2350a(e) of such title is amended— 

17 (A) in the subsection heading, by striking 

18 ‘‘DOCUMENT’’; 

19 (B) in paragraph (1), by striking ‘‘the 

20 Under Secretary of Defense for’’ and all that 

21 follows through ‘‘of the Board’’ and inserting 

22 ‘‘opportunities for such cooperative research 

23 and development shall be addressed in the ac24 quisition strategy for the project’’; 

25 (C) in paragraph (2)— 


rfrederick on DSK6VPTVN1PROD with BILLS
82 

•HR 1735 IH

1 (i) in the matter preceding subpara2 graph (A)— 

3 (I) by striking ‘‘document’’ and 

4 inserting ‘‘discussion’’; and 

5 (II) by striking ‘‘include’’ and in6 serting ‘‘consider’’; 

7 (ii) in subparagraph (A), by striking 

8 ‘‘A statement indicating’’; 

9 (iii) in subparagraph (B)— 

10 (I) by striking ‘‘by the Under 

11 Secretary of Defense for Acquisition, 

12 Technology, and Logistics’’; and 

13 (II) by striking ‘‘of the United 

14 States under consideration by the De15 partment of Defense’’; and 

16 (iv) in subparagraph (D)— 

17 (I) by striking ‘‘The’’ and insert18 ing ‘‘A’’; 

19 (II) by striking ‘‘of’’ and insert20 ing ‘‘to’’; and 

21 (III) by striking ‘‘Under Sec22 retary’’ and inserting ‘‘Milestone De23 cision Authority’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
83 

•HR 1735 IH

1 (2) Section 803 of the Bob Stump National De2 fense Authorization Act for Fiscal Year 2003 (Pub3 lic Law 107–314; 10 U.S.C. 2430 note) is repealed. 

4 SEC. 827. REVISION TO REQUIREMENTS RELATING TO RISK 

5 REDUCTION IN DEVELOPMENT OF MAJOR 

6 DEFENSE ACQUISITION PROGRAMS. 

7 Section 203 of the Weapon Systems Acquisition Re8 form Act of 2009 is amended to read as follows: 

9 ‘‘SEC. 203. RISK REDUCTION IN MAJOR DEFENSE ACQUISI10 TION PROGRAMS. 

11 ‘‘(a) GUIDANCE ON RISK REDUCTION IN MAJOR DE12 FENSE ACQUISITION PROGRAMS.—The Secretary of De13 fense shall ensure that the acquisition strategy for each 

14 major defense acquisition program for which development 

15 activities are required includes the following: 

16 ‘‘(1) A comprehensive approach to identifying 

17 and addressing risk (including technical, cost and 

18 schedule risk) during the period preceding full rate 

19 production as a means to improve programmatic de20 cision making and appropriately manage program 

21 concurrency. 

22 ‘‘(2) Documentation of the major sources of 

23 risk identified and the approach to retiring that risk. 

24 ‘‘(b) ELEMENTS OF COMPREHENSIVE APPROACH TO

25 RISK REDUCTION.—The elements of a comprehensive apVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
84 

•HR 1735 IH

1 proach to identifying and addressing risk for purposes of 

2 subsection (a)(1) shall include some combination of the 

3 following as appropriate for the item or system being ac4 quired: 

5 ‘‘(1) Development planning. 

6 ‘‘(2) Systems engineering. 

7 ‘‘(3) Integrated developmental and operational 

8 test. 

9 ‘‘(4) Preliminary and critical design reviews and 

10 technical reviews. 

11 ‘‘(5) Prototyping (including prototyping at the 

12 system or subsystem level and competitive proto13 typing, where appropriate). 

14 ‘‘(6) Modeling and simulation. 

15 ‘‘(7) Technology demonstrations and technology 

16 off ramps. 

17 ‘‘(8) Multiple design approaches. 

18 ‘‘(9) Alternative, lower risk reduced perform19 ance designs. 

20 ‘‘(10) Independent risk element assessments by 

21 outside subject matter experts. 

22 ‘‘(11) Program phasing to address high risk 

23 areas as early as possible.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
85 

•HR 1735 IH

1 Subtitle D—Other Matters 

2 SEC. 831. EXTENSION OF THE DEPARTMENT OF DEFENSE 

3 MENTOR-PROTE ́ GE ́ E PILOT PROGRAM. 

4 Section 831(j) of the National Defense Authorization 

5 Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is amend6 ed— 

7 (1) in paragraph (1), by striking ‘‘September 

8 30, 2015’’ and inserting ‘‘September 30, 2020’’; and 

9 (2) in paragraph (2), by striking ‘‘September 

10 30, 2018’’ and inserting ‘‘September 30, 2023’’. 

11 SEC. 832. STREAMLINING OF REPORTING REQUIREMENTS 

12 APPLICABLE TO ASSISTANT SECRETARY OF 

13 DEFENSE FOR RESEARCH AND ENGINEERING 

14 REGARDING MAJOR DEFENSE ACQUISITION 

15 PROGRAMS. 

16 (a) REPORTING TO UNDER SECRETARY OF DEFENSE

17 FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS BE18 FORE MILESTONE B APPROVAL.—Subparagraph (A) of 

19 paragraph (8) of section 138(b) of title 10, United States 

20 Code, as amended by section 901(h)(2) of the Carl Levin 

21 and Howard P. ‘‘Buck’’ McKeon National Defense Au22 thorization Act for Fiscal Year 2015 (Public Law 113– 

23 291; 128 Stat. YYYY), is amended— 

24 (1) by striking ‘‘periodically’’; 


rfrederick on DSK6VPTVN1PROD with BILLS
86 

•HR 1735 IH

1 (2) by striking ‘‘the major defense acquisition 

2 programs’’ and inserting ‘‘each major defense acqui3 sition program’’; 

4 (3) by inserting ‘‘before the Milestone B ap5 proval for that program’’ after ‘‘Department of De6 fense’’; and 

7 (4) by striking ‘‘such reviews and assessments’’ 

8 and inserting ‘‘such review and assessment’’. 

9 (b) ANNUAL REPORT TO SECRETARY OF DEFENSE

10 AND CONGRESSIONAL DEFENSE COMMITTEES.—Subpara11 graph (B) of such paragraph is amended by inserting ‘‘for 

12 which a Milestone B approval occurred during the pre13 ceding fiscal year’’ after ‘‘Department of Defense’’. 

14 SEC. 833. REVISION TO REQUIRED DISTRIBUTION OF AS15 SISTANCE UNDER PROCUREMENT TECH16 NICAL ASSISTANCE COOPERATIVE AGREE17 MENT PROGRAM. 

18 (a) MINIMUM GEOGRAPHIC DISTRIBUTION.—Section 

19 2413(c) of title 10, United States Code, is amended by 

20 striking ‘‘Department of Defense contract administration 

21 services district’’ and inserting ‘‘State’’. 

22 (b) DISTRIBUTION.—Section 2415 of such title is 

23 amended— 

24 (1) in the first sentence— 


rfrederick on DSK6VPTVN1PROD with BILLS
87 

•HR 1735 IH

1 (A) by striking ‘‘The Secretary’’ and in2 serting ‘‘After apportioning funds available for 

3 assistance under this chapter for any fiscal year 

4 for efficient coverage of distressed areas re5 ferred to in section 2411(2)(B) of this title by 

6 programs operated by eligible entities referred 

7 to in section 2411(1)(D) of this title, the Sec8 retary’’; 

9 (B) by inserting ‘‘the remaining’’ before 

10 ‘‘funds available’’; and 

11 (C) by striking ‘‘Department of Defense 

12 contract administration services district’’ and 

13 inserting ‘‘State’’; and 

14 (2) in the second sentence— 

15 (A) by striking ‘‘district’’ each place it ap16 pears and inserting ‘‘State’’; and 

17 (B) by striking ‘‘districts’’ and inserting 

18 ‘‘States’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
88 

•HR 1735 IH

1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 SEC. 901. CHANGE OF PERIOD FOR CHAIRMAN OF THE 

5 JOINT CHIEFS OF STAFF REVIEW OF THE 

6 UNIFIED COMMAND PLAN TO NOT LESS THAN 

7 EVERY FOUR YEARS. 

8 Section 161(b)(1) of title 10, United States Code, is 

9 amended by striking ‘‘two years’’ and inserting ‘‘four 

10 years’’. 

11 SEC. 902. UPDATE OF STATUTORY SPECIFICATION OF 

12 FUNCTIONS OF THE CHAIRMAN OF THE 

13 JOINT CHIEFS OF STAFF RELATING TO AD14 VICE ON REQUIREMENTS, PROGRAMS, AND 

15 BUDGET. 

16 Section 153(a)(4) of title 10, United States Code, is 

17 amended by adding at the end the following new subpara18 graph: 

19 ‘‘(H) Advising the Secretary on development of 

20 joint command, control, communications, and cyber 

21 capability, including integration and interoperability 

22 of such capability, through requirements, integrated 

23 architectures, data standards, and assessments.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
89 

•HR 1735 IH

1 TITLE X—GENERAL PROVISIONS 

2 Subtitle A—Financial Matters 

3 SEC. 1001. ENHANCEMENT OF INTERAGENCY SUPPORT 

4 DURING CONTINGENCY OPERATIONS AND 

5 TRANSITION PERIODS. 

6 (a) AUTHORITY.—The Secretary of Defense and the 

7 Secretary of State may enter into an agreement under 

8 which each Secretary may provide covered support, sup9 plies, and services on a reimbursement basis, or by ex10 change of covered support, supplies, and services, to the 

11 other Secretary during a contingency operation and re12 lated transition period for up to two years following the 

13 end of such contingency operation. 

14 (b) AGREEMENT.—An agreement entered into under 

15 this section shall be in writing and shall include the fol16 lowing terms: 

17 (1) The price charged by a supplying agency 

18 shall be the direct costs that such agency incurred 

19 by providing the covered support, supplies, or serv20 ices to the requesting agency under this section. 

21 (2) Credits and liabilities of the agencies ac22 crued as a result of acquisitions and transfers of 

23 covered support, supplies, and services under this 

24 section shall be liquidated not less often than once 

25 every 3 months by direct payment to the agency 


rfrederick on DSK6VPTVN1PROD with BILLS
90 

•HR 1735 IH

1 supplying such support, supplies, or services by the 

2 agency receiving such support, supplies, or services. 

3 (3) Exchange entitlements accrued as a result 

4 of acquisitions and transfers of covered support, 

5 supplies, and services under this section shall be sat6 isfied within 12 months after the date of the delivery 

7 of the covered support, supplies, or services. Ex8 change entitlements not so satisfied shall be imme9 diately liquidated by direct payment to the agency 

10 supplying such covered support, supplies, or services. 

11 (c) EFFECT OF OBLIGATION AND AVAILABILITY OF

12 FUNDS.—An order placed by an agency pursuant to an 

13 agreement under this section is deemed to be an obligation 

14 in the same manner that a similar order or contract placed 

15 with a private contractor is an obligation. Appropriations 

16 remain available to pay an obligation to the servicing 

17 agency in the same manner as appropriations remain 

18 available to pay an obligation to a private contractor. 

19 (d) DEFINITIONS.—In this section: 

20 (1) The term ‘‘covered support, supplies, and 

21 services’’ means food, billeting, transportation (in22 cluding airlift), petroleum, oils, lubricants, commu23 nications services, medical services, ammunition, 

24 base operations support (and construction incident 

25 to base operations support), use of facilities, spare 


rfrederick on DSK6VPTVN1PROD with BILLS
91 

•HR 1735 IH

1 parts and components, repair and maintenance serv2 ices, and calibration services. 

3 (2) The term ‘‘contingency operation’’ has the 

4 meaning given that term in section 101(a)(13) of 

5 title 10, United States Code. 

6 (e) CREDITING OF RECEIPTS.—Any receipt as a re7 sult of an agreement entered into under this section shall 

8 be credited, at the option of the Secretary of Defense with 

9 respect to the Department of Defense and the Secretary 

10 of State with respect to the Department of State, to— 

11 (1) the appropriation, fund, or account used in 

12 incurring the obligation; or 

13 (2) an appropriate appropriation, fund, or ac14 count currently available for the purposes for which 

15 the expenditures were made. 

16 Subtitle C—Naval Vessels and 

17 Shipyards 

18 SEC. 1021. EXTENSION OF AUTHORITY FOR REIMBURSE19 MENT OF EXPENSES FOR CERTAIN NAVY 

20 MESS OPERATIONS AFLOAT. 

21 (a) EXTENSION.—Subsection (b) of section 1014 of 

22 the Duncan Hunter National Defense Authorization Act 

23 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

24 4585), as amended by section 1021 of the Ike Skelton Na25 tional Defense Authorization Act for Fiscal Year 2011 


rfrederick on DSK6VPTVN1PROD with BILLS
92 

•HR 1735 IH

1 (Public Law 111–383, 124 Stat. 4348), is amended by 

2 striking ‘‘September 30, 2015’’ and inserting ‘‘September 

3 30, 2020’’. 

4 (b) TECHNICAL AND CLARIFYING AMENDMENTS.— 

5 Subsection (a) of such section is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘not more that’’ and inserting ‘‘not more 

8 than’’; and 

9 (2) in paragraph (2), by striking ‘‘Naval ves10 sels’’ and inserting ‘‘such vessels’’. 

11 SEC. 1022. REFUELING AND COMPLEX OVERHAUL OF NIM12 ITZ-CLASS AIRCRAFT CARRIERS. 

13 (a) OVERHAUL EXECUTION AUTHORITY.—The Sec14 retary of the Navy is authorized to carry out a nuclear 

15 refueling and complex overhaul on each of the following 

16 Nimitz-class aircraft carriers: 

17 (1) U.S.S. George Washington (CVN–73). 

18 (2) U.S.S. John C. Stennis (CVN–74). 

19 (3) U.S.S. Harry S. Truman (CVN–75). 

20 (4) U.S.S. Ronald Reagan (CVN–76). 

21 (5) U.S.S. George H.W. Bush (CVN–77). 

22 Each such refueling and overhaul shall be carried out from 

23 amounts appropriated or otherwise made available within 

24 Shipbuilding and Conversion, Navy, for refueling the Nim25 itz-class aircraft carriers. 


rfrederick on DSK6VPTVN1PROD with BILLS
93 

•HR 1735 IH

1 (b) SPECIAL FUNDING AUTHORITY WHEN A CON2 TINUING RESOLUTION IS IN EFFECT.—Unless expressly 

3 prohibited in a continuing resolution enacted after this 

4 date, if advance procurement funds are appropriated for 

5 a fiscal year to begin a refueling and complex overhaul 

6 on a Nimitz-class aircraft carrier identified in subsection 

7 (a), then Shipbuilding and Conversion, Navy, appropria8 tions in the amounts contained in the President’s Budget 

9 for that refueling and complex overhaul for the following 

10 Fiscal Year shall be available for obligation under a con11 tinuing resolution enacted for the following fiscal year to 

12 continue the refueling and complex overhaul on that air13 craft carrier. 

14 (c) INCREMENTAL FUNDING AUTHORITY.—The Sec15 retary of the Navy is authorized to incrementally fund 

16 contracts entered into for a nuclear refueling and complex 

17 overhaul authorized in subsection (a), for a period not to 

18 exceed six years after advance procurement funds for the 

19 nuclear refueling and complex overhaul effort are first ob20 ligated, from amounts appropriated or otherwise made 

21 available within Shipbuilding and Conversion, Navy for re22 fueling the Nimitz-class aircraft carriers. 

23 (d) CONDITION FOR OUT-YEAR CONTRACT PAY24 MENTS.—A contract entered into under subsection (c) 

25 shall provide that any obligation of the United States to 


rfrederick on DSK6VPTVN1PROD with BILLS
94 

•HR 1735 IH

1 make a payment under a contract for carrier refueling in 

2 a fiscal year subsequent to the initial year of contract exe3 cution is subject to the availability of appropriations. 

4 Subtitle D—Other Matters 

5 SEC. 1041. TRANSFER OF FUNCTIONS OF THE VETERANS’ 

6 ADVISORY BOARD ON DOSE RECONSTRUC7 TION TO THE SECRETARIES OF VETERANS 

8 AFFAIRS AND DEFENSE. 

9 Section 601 of the Veterans Benefits Act of 2003 

10 (Public Law 108–183; 117 Stat. 2667; 38 U.S.C. 1154 

11 note) is amended to read as follows: 

12 ‘‘SEC. 601. RADIATION DOSE RECONSTRUCTION PROGRAM 

13 OF THE DEPARTMENT OF DEFENSE. 

14 ‘‘(a) REVIEW AND OVERSIGHT.—The Secretary of 

15 Veterans Affairs and the Secretary of Defense shall jointly 

16 take appropriate actions to ensure the on-going inde17 pendent review and oversight of the Radiation Dose Re18 construction Program of the Department of Defense. 

19 ‘‘(b) DUTIES.—In carrying out subsection (a), the 

20 Secretaries shall— 

21 ‘‘(1) conduct periodic, random audits of dose 

22 reconstructions under the Radiation Dose Recon23 struction Program and of decisions by the Depart24 ment of Veterans Affairs on claims for service con25 nection of radiogenic diseases; 


rfrederick on DSK6VPTVN1PROD with BILLS
95 

•HR 1735 IH

1 ‘‘(2) communicate to veterans information on 

2 the mission, procedures, and evidentiary require3 ments of the Program; and 

4 ‘‘(3) carry out such other activities with respect 

5 to the review and oversight of the Program as the 

6 Secretaries shall jointly specify. 

7 ‘‘(c) RECOMMENDATIONS.—The Secretaries may 

8 make such recommendations on modifications in the mis9 sion or procedures of the Program as they consider appro10 priate as a result of the audits conducted under subsection 

11 (b)(1).’’. 

12 TITLE XI—CIVILIAN PERSONNEL 

13 MATTERS 

14 SEC. 1101. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR15 ITY TO GRANT ALLOWANCES, BENEFITS, AND 

16 GRATUITIES TO CIVILIAN PERSONNEL ON OF17 FICIAL DUTY IN A COMBAT ZONE. 

18 Paragraph (2) of section 1603(a) of the Emergency 

19 Supplemental Appropriations Act for Defense, the Global 

20 War on Terror, and Hurricane Recovery, 2006 (Public 

21 Law 109–234; 120 Stat. 443), as added by section 1102 

22 of the Duncan Hunter National Defense Authorization 

23 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

24 4616) and as most recently amended by section 1102 of 

25 the National Defense Authorization Act for Fiscal Year 


rfrederick on DSK6VPTVN1PROD with BILLS
96 

•HR 1735 IH

1 2015 (Public Law 113–291; 128 Stat. zzz), is further 

2 amended by striking ‘‘2016’’ and inserting ‘‘2017’’. 

3 SEC. 1102. AUTHORITY TO PROVIDE ADDITIONAL ALLOW4 ANCES AND BENEFITS FOR DEFENSE CLAN5 DESTINE SERVICE EMPLOYEES. 

6 Section 1603 of title 10, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(c) ADDITIONAL ALLOWANCES AND BENEFITS FOR

10 EMPLOYEES OF THE DEFENSE CLANDESTINE SERV11 ICE.—In addition to the authority to provide compensation 

12 under subsection (a), the Secretary of Defense may pro13 vide an employee in a defense intelligence position who is 

14 assigned to the Defense Clandestine Service allowances 

15 and benefits under paragraph (1) of section 9904 of title 

16 5 without regard to the limitations in that section— 

17 ‘‘(1) that the employee be assigned to activities 

18 outside the United States; or 

19 ‘‘(2) that the activities to which the employee is 

20 assigned be in support of Department of Defense ac21 tivities abroad.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
97 

•HR 1735 IH

1 SEC. 1103. EXTENSION OF RATE OF OVERTIME PAY FOR DE2 PARTMENT OF THE NAVY EMPLOYEES PER3 FORMING WORK ABOARD OR DOCKSIDE IN 

4 SUPPORT OF THE NUCLEAR-POWERED AIR5 CRAFT CARRIER FORWARD DEPLOYED IN 

6 JAPAN. 

7 Subparagraph (B) of section 5542(a)(6) of title 5, 

8 United States Code, is amended by striking ‘‘September 

9 30, 2015’’ and inserting ‘‘September 30, 2017’’. 

10 TITLE XII—MATTERS RELATING 

11 TO FOREIGN NATIONS 

12 SEC. 1201. EXTENSION OF AUTHORITY TO SUPPORT OPER13 ATIONS AND ACTIVITIES OF THE OFFICE OF 

14 SECURITY COOPERATION-IRAQ. 

15 (a) EXTENSION OF AUTHORITY.—Subsection (f)(1) 

16 of section 1215 of the National Defense Authorization Act 

17 for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 113 

18 note) is amended by striking ‘‘fiscal year 2015’’ and in19 serting ‘‘fiscal year 2016’’. 

20 (b) AMOUNT AVAILABLE.—Such section is further 

21 amended— 

22 (1) in subsection (c), by striking ‘‘fiscal year 

23 2015’’ and all that follows and inserting ‘‘fiscal year 

24 2016 may not exceed $143,000,000.’’; and 

25 (2) in subsection (d), by striking ‘‘fiscal year 

26 2015’’ and inserting ‘‘fiscal year 2016’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
98 

•HR 1735 IH

1 (c) REPEAL OF EXPIRED REPORTING REQUIRE2 MENT.—Subsection (g) of such section is repealed. 

3 SEC. 1202. EXTENSION OF AUTHORITY FOR REIMBURSE4 MENT OF CERTAIN COALITION NATIONS FOR 

5 SUPPORT PROVIDED TO UNITED STATES 

6 MILITARY OPERATIONS. 

7 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

8 section 1233 of the National Defense Authorization Act 

9 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

10 393), as most recently amended by section 1222 of the 

11 National Defense Authorization Act for Fiscal Year 2015 

12 (Public Law 113–291; 128 Stat. yyy), is further amended 

13 by striking ‘‘fiscal year 2015’’ and inserting ‘‘fiscal year 

14 2016’’. 

15 (b) AMOUNTS AVAILABLE.—Subsection (d)(1) of 

16 such section is amended— 

17 (1) by striking ‘‘during fiscal year 2015 may 

18 not exceed $1,200,000,000’’ and inserting ‘‘during 

19 fiscal year 2016 may not exceed $1,260,000,000’’; 

20 and 

21 (2) by striking the third sentence. 


rfrederick on DSK6VPTVN1PROD with BILLS
99 

•HR 1735 IH

1 SEC. 1203. EXTENSION OF AUTHORITY TO TRANSFER DE2 FENSE ARTICLES AND PROVIDE DEFENSE 

3 SERVICES TO THE MILITARY AND SECURITY 

4 FORCES OF AFGHANISTAN. 

5 (a) EXTENSION.—Subsection (h) of section 1222 of 

6 the National Defense Authorization Act for Fiscal Year 

7 2013 (Public Law 112–239; 126 Stat. 1992), as amended 

8 by section 1231 of the Carl Levin and Howard P. ‘‘Buck’’ 

9 McKeon National Defense Authorization Act for Fiscal 

10 Year 2015 (Public Law 113–291; 128 Stat. XXX), is fur11 ther amended by striking ‘‘December 31, 2015’’ and in12 serting ‘‘December 31, 2016’’. 

13 (b) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) 

14 of such section is amended by striking ‘‘During fiscal 

15 years 2013, 2014, and 2015’’ in subparagraphs (A) and 

16 (B) and inserting ‘‘Through December 31, 2016’’. 

17 SEC. 1204. AUTHORITY FOR ACCEPTANCE AND USE OF CON18 TRIBUTIONS FROM KUWAIT FOR CERTAIN 

19 MUTUALLY BENEFICIAL PROJECTS. 

20 (a) AUTHORITY.—Subchapter II of chapter 138 of 

21 title 10, United States Code, is amended by adding at the 

22 end the following new section: 


rfrederick on DSK6VPTVN1PROD with BILLS
100 

•HR 1735 IH

1 ‘‘§ 2350n. Construction, maintenance, and repair 

2 projects mutually beneficial to the De3 partment of Defense and Kuwait Armed 

4 Forces 

5 ‘‘(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The 

6 Secretary of Defense, after consultation with the Secretary 

7 of State, may accept cash contributions from the State 

8 of Kuwait, for the purposes specified in subsection (c). 

9 ‘‘(b) ACCOUNTING.—Contributions accepted under 

10 subsection (a) shall be placed in an account established 

11 by the Secretary of Defense and shall remain available 

12 until expended for the purposes specified in subsection (c). 

13 ‘‘(c) AVAILABILITY OF CONTRIBUTIONS.—Contribu14 tions accepted under subsection (a) shall be available only 

15 for payment of costs in connection with mutually beneficial 

16 construction (including military construction not otherwise 

17 authorized by law), maintenance, and repair projects in 

18 Kuwait. 

19 ‘‘(d) MUTUALLY BENEFICIAL DEFINED.—A project 

20 shall be considered to be ‘mutually beneficial’ for purposes 

21 of this section if— 

22 ‘‘(1) the project is in support of a bilateral 

23 United States and Kuwait defense cooperation 

24 agreement; or 


rfrederick on DSK6VPTVN1PROD with BILLS
101 

•HR 1735 IH

1 ‘‘(2) the Secretary of Defense determines that 

2 the United States may derive a benefit from the 

3 project, including— 

4 ‘‘(A) access to and use of facilities of the 

5 Kuwait Armed Forces; 

6 ‘‘(B) ability or capacity for future posture; 

7 and 

8 ‘‘(C) increased interoperability between the 

9 Department of Defense and Kuwait Armed 

10 Forces.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of such subchapter is amended by adding 

13 at the end the following new item: 

‘‘2350n. Construction, maintenance, and repair projects mutually beneficial to 

the Department of Defense and Kuwait Armed Forces.’’. 

14 SEC. 1205. EXTENSION OF COMMANDERS’ EMERGENCY RE15 SPONSE PROGRAM IN AFGHANISTAN. 

16 Section 1201 of the National Defense Authorization 

17 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 

18 1619), as most recently amended by section 1221 of the 

19 National Defense Authorization Act for Fiscal Year 2015 

20 (Public Law 113–291; 128 Stat. yyy), is further amended 

21 by striking ‘‘fiscal year 2015’’ in subsections (a), (b), and 

22 (f) and inserting ‘‘fiscal year 2016’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
102 

•HR 1735 IH

1 SEC. 1206. INCREASE IN THRESHOLDS FOR DEFINITION OF 

2 MAJOR DEFENSE EQUIPMENT FOR PUR3 POSES OF ARMS EXPORT CONTROL ACT. 

4 Section 47(6) of the Arms Export Control Act (22 

5 U.S.C. 2794(6)) is amended— 

6 (1) by striking ‘‘$50,000,000’’ and inserting 

7 ‘‘$200,000,000’’; and 

8 (2) by striking ‘‘$200,000,000’’and inserting 

9 ‘‘$800,000,000’’. 

10 SEC. 1207. MAINTENANCE OF PROHIBITION ON PROCURE11 MENT BY DEPARTMENT OF DEFENSE OF 

12 COMMUNIST CHINESE-ORIGIN ITEMS THAT 

13 MEET THE DEFINITION OF GOODS AND SERV14 ICES CONTROLLED AS MUNITIONS ITEMS 

15 WHEN MOVED TO THE ‘‘600 SERIES’’ OF THE 

16 COMMERCE CONTROL LIST. 

17 (a) IN GENERAL.—Section 1211 of the National De18 fense Authorization Act for Fiscal Year 2006 (Public Law 

19 109–163; 10 U.S.C. 2302 note) is amended— 

20 (1) in subsection (b), by inserting ‘‘or in the 

21 600 series of the control list of the Export Adminis22 tration Regulations’’ after ‘‘in Arms Regulations,’’; 

23 and 

24 (2) in subsection (e), by adding at the end the 

25 following new paragraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
103 

•HR 1735 IH

1 ‘‘(3) The term ‘600 series of the control list of 

2 the Export Administration Regulations’ means the 

3 600 series of the Commerce Control List contained 

4 in Supplement No. 1 to part 774 of subtitle B of 

5 title 15 of the Code of Federal Regulations.’’. 

6 (b) TECHNICAL CORRECTIONS TO ITAR REF7 ERENCES.—Subsections (b) and (e)(2) of such section are 

8 amended by striking ‘‘Trafficking’’ and inserting ‘‘Traf9 fic’’. 

10 SEC. 1208. MODIFICATION OF GLOBAL LIFT AND SUSTAIN 

11 TO SUPPORT PARTNERS AND ALLIES. 

12 Subsection (b) of section 127d of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(3) Clause (ii) of paragraph (2)(B) does not 

16 apply in a case in which the Secretary determines 

17 that the provision of assistance is critical to the 

18 timely and effective participation of the allied forces 

19 in the combined operation.’’. 

20 SEC. 1209. REIMBURSEMENTS FOR CERTAIN COUNTER21 INSURGENCY, COUNTERTERRORISM AND 

22 STABILIZATION OPERATIONS CARRIED OUT 

23 BY PAKISTAN. 

24 (a) AUTHORITY.—From funds made available for the 

25 Department of Defense for operation and maintenance, 


rfrederick on DSK6VPTVN1PROD with BILLS
104 

•HR 1735 IH

1 the Secretary of Defense, with the concurrence of the Sec2 retary of State and in consultation with the Director of 

3 the Office of Management and Budget, may provide reim4 bursements for counterinsurgency, counterterrorism, and 

5 stabilization operations carried out by the Government of 

6 Pakistan in its campaign against al-Qaeda, the Tehrik7 e-Taliban Pakistan, and associated militants. 

8 (b) TYPES OF REIMBURSEMENTS.—Reimbursements 

9 made under the authority in subsection (a) may be made, 

10 in such amounts as the Secretary of Defense considers ap11 propriate, for logistical, military, and other expenditures 

12 associated with the operations specified in subsection (a). 

13 (c) LIMITATIONS.— 

14 (1) PROHIBITION ON CONTRACTUAL OBLIGA15 TIONS TO MAKE PAYMENTS.—The Secretary of De16 fense may not enter into any contractual obligation 

17 to make a reimbursement under the authority in 

18 subsection (a). 

19 (2) PROHIBITION ON REIMBURSEMENT OF

20 PAKISTAN FOR SUPPORT DURING PERIODS CLOSED

21 TO TRANSSHIPMENT.—The Secretary of Defense 

22 may not provide a reimbursement under the author23 ity in subsection (a) for claims of support provided 

24 during any period when the ground lines of supply 

25 through Pakistan were closed to the transshipment 


rfrederick on DSK6VPTVN1PROD with BILLS
105 

•HR 1735 IH

1 of equipment and supplies in support of United 

2 States military operations in Afghanistan. 

3 (d) NOTICE TO CONGRESSIONAL COMMITTEES.—The 

4 Secretary of Defense shall notify the appropriate congres5 sional committees not later than 15 days before making 

6 any reimbursement under the authority in subsection (a). 

7 (e) TERMINATION.—The Secretary of Defense may 

8 not use the authority in subsection (a) to provide reim9 bursement for any costs that are incurred after September 

10 30, 2018. 

11 (f) LIMITATION ON REIMBURSEMENTS TO THE GOV12 ERNMENT OF PAKISTAN UNDER SECTION 1233 OF THE

13 NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

14 YEAR 2008.—No reimbursement may be provided to the 

15 Government of Pakistan under section 1233 of the Na16 tional Defense Authorization Act for Fiscal Year 2008 

17 (Public Law 110–181, 122 Stat. 393), as most recently 

18 amended by section 1222 of the National Defense Author19 ization Act for Fiscal Year 2015 (Public Law 113–291, 

20 128 Stat. yyy), for any period during which this section 

21 is also in effect. 

22 (g) DEFINITIONS.—In this section, the term ‘‘appro23 priate congressional committees’’ means— 

24 (1) the Committee on Armed Services, the 

25 Committee on Foreign Affairs, and the Committee 


rfrederick on DSK6VPTVN1PROD with BILLS
106 

•HR 1735 IH

1 on Appropriations of the House of Representatives; 

2 and 

3 (2) the Committee on Armed Services, the 

4 Committee on Foreign Relations, and the Committee 

5 on Appropriations of the Senate. 

6 SEC. 1210. NATO SPECIAL OPERATIONS HEADQUARTERS. 

7 Section 1244(a) of the National Defense Authoriza8 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

9 Stat. 2541), as most recently amended by section 1272 

10 of the National Defense Authorization Act for Fiscal Year 

11 2013 (Public Law 112–239; 126 Stat. 2023), is further 

12 amended by striking ‘‘for each of fiscal years 2013, 2014, 

13 and 2015 pursuant to section 301’’ and inserting ‘‘for any 

14 fiscal year’’. 

15 SEC. 1211. AFGHANISTAN SECURITY FORCES FUND. 

16 (a) CONTINUATION OF PRIOR AUTHORITIES AND NO17 TICE AND REPORTING REQUIREMENTS.—Funds available 

18 to the Department of Defense for the Afghanistan Secu19 rity Forces Fund for fiscal year 2016 shall be subject to 

20 the conditions contained in subsections (b) through (g) of 

21 section 1513 of the National Defense Authorization Act 

22 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

23 428), as amended by section 1531(b) of the Ike Skelton 

24 National Defense Authorization Act for Fiscal Year 2011 

25 (Public Law 111–383; 124 Stat. 4424). 


rfrederick on DSK6VPTVN1PROD with BILLS
107 

•HR 1735 IH

1 (b) EXTENSION OF AUTHORITY TO ACCEPT CERTAIN

2 EQUIPMENT.—Subsection (d)(1) of section 1531 of the 

3 National Defense Authorization Act for Fiscal Year 2014 

4 (Public Law 113–66; 10 U.S.C. 2302 note) is amended 

5 by striking ‘‘prior Acts’’ and inserting ‘‘Acts enacted be6 fore the date of the enactment of the National Defense 

7 Authorization Act for Fiscal Year 2016.’’. 

8 TITLE XIV—OTHER 

9 AUTHORIZATIONS 

10 Subtitle A—Military Programs 

11 SEC. 1401. WORKING CAPITAL FUNDS. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2016 for the use of the Armed Forces and other 

14 activities and agencies of the Department of Defense for 

15 providing capital for working capital and revolving funds 

16 in the amount of $1,786,732,000. 

17 SEC. 1402. JOINT URGENT OPERATIONAL NEEDS FUND. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2016 for the Joint Urgent Operational Needs 

20 Fund in the amount of $99,701,000. 

21 SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUC22 TION, DEFENSE. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

24 are hereby authorized to be appropriated for the Depart25 ment of Defense for fiscal year 2016 for expenses, not othVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
108 

•HR 1735 IH

1 erwise provided for, for Chemical Agents and Munitions 

2 Destruction, Defense, in the amount of $720,721,000, of 

3 which— 

4 (1) $139,098,000 is for Operation and Mainte5 nance; 

6 (2) $579,342,000 is for Research, Development, 

7 Test, and Evaluation; and 

8 (3) $2,281,000 is for Procurement. 

9 (b) USE.—Amounts authorized to be appropriated 

10 under subsection (a) are authorized for— 

11 (1) the destruction of lethal chemical agents 

12 and munitions in accordance with section 1412 of 

13 the Department of Defense Authorization Act, 1986 

14 (50 U.S.C. 1521); and 

15 (2) the destruction of chemical warfare materiel 

16 of the United States that is not covered by section 

17 1412 of such Act. 

18 SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG AC19 TIVITIES, DEFENSE-WIDE. 

20 Funds are hereby authorized to be appropriated for 

21 the Department of Defense for fiscal year 2016 for ex22 penses, not otherwise provided for, for Drug Interdiction 

23 and Counter-Drug Activities, Defense-wide, in the amount 

24 of $850,598,000. 


rfrederick on DSK6VPTVN1PROD with BILLS
109 

•HR 1735 IH

1 SEC. 1405. DEFENSE INSPECTOR GENERAL. 

2 Funds are hereby authorized to be appropriated for 

3 the Department of Defense for fiscal year 2016 for ex4 penses, not otherwise provided for, for the Office of the 

5 Inspector General of the Department of Defense, in the 

6 amount of $316,159,000, of which— 

7 (1) $310,459,000 is for Operation and Mainte8 nance; 

9 (2) $4,700,000 is for Research, Development, 

10 Test and Evaluation; and 

11 (3) $1,000,000 is for Procurement. 

12 SEC. 1406. DEFENSE HEALTH PROGRAM. 

13 Funds are hereby authorized to be appropriated for 

14 the Department of Defense for fiscal year 2016 for ex15 penses, not otherwise provided for, for the Defense Health 

16 Program, in the amount of $32,243,328,000, of which— 

17 (1) $30,889,940,000 is for Operation and 

18 Maintenance; 

19 (2) $980,101,000 is for Research, Development, 

20 Test, and Evaluation; and 

21 (3) $373,287,000 is for Procurement. 


rfrederick on DSK6VPTVN1PROD with BILLS
110 

•HR 1735 IH

1 Subtitle B—Other Matters 

2 SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 

3 DEPARTMENT OF DEFENSE–DEPARTMENT OF 

4 VETERANS AFFAIRS MEDICAL FACILITY DEM5 ONSTRATION FUND FOR CAPTAIN JAMES A. 

6 LOVELL HEALTH CARE CENTER, ILLINOIS. 

7 (a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 

8 funds authorized to be appropriated for section 506 and 

9 available for the Defense Health Program for operation 

10 and maintenance, $120,387,000 may be transferred by the 

11 Secretary of Defense to the Joint Department of Defense– 

12 Department of Veterans Affairs Medical Facility Dem13 onstration Fund established by subsection (a)(1) of sec14 tion 1704 of the National Defense Authorization Act for 

15 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 

16 For purposes of subsection (a)(2) of such section 1704, 

17 any funds so transferred shall be treated as amounts au18 thorized and appropriated specifically for the purpose of 

19 such a transfer. 

20 (b) USE OF TRANSFERRED FUNDS.—For the pur21 poses of subsection (b) of such section 1704, facility oper22 ations for which funds transferred under subsection (a) 

23 may be used are operations of the Captain James A. 

24 Lovell Federal Health Care Center, consisting of the 

25 North Chicago Veterans Affairs Medical Center, the Navy 


rfrederick on DSK6VPTVN1PROD with BILLS
111 

•HR 1735 IH

1 Ambulatory Care Center, and supporting facilities des2 ignated as a combined Federal medical facility under an 

3 operational agreement covered by section 706 of the Dun4 can Hunter National Defense Authorization Act for Fiscal 

5 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

6 SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR 

7 ARMED FORCES RETIREMENT HOME. 

8 There is hereby authorized to be appropriated for fis9 cal year 2016 from the Armed Forces Retirement Home 

10 Trust Fund the sum of $64,300,000 for the operation of 

11 the Armed Forces Retirement Home. 

12 TITLE XV—AUTHORIZATION OF 

13 ADDITIONAL APPROPRIA14 TIONS FOR OVERSEAS CON15 TINGENCY OPERATIONS 

16 SEC. 1501. PURPOSE. 

17 The purpose of this title is to authorize appropria18 tions for the Department of Defense for fiscal year 2016 

19 to provide additional funds for overseas contingency oper20 ations being carried out by the Armed Forces. 

21 SEC. 1502. ARMY PROCUREMENT. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2016 for procurement for the Army in amounts 

24 as follows: 

25 (1) For aircraft procurement, $164,987,000. 


rfrederick on DSK6VPTVN1PROD with BILLS
112 

•HR 1735 IH

1 (2) For missile procurement, $37,260,000. 

2 (3) For weapons and tracked combat vehicles, 

3 $26,030,000. 

4 (4) For ammunition procurement, 

5 $192,040,000. 

6 (5) For other procurement, $1,205,596,000. 

7 SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

8 FUND. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2016 for the Joint Improvised Explosive Device 

11 Defeat Fund in the amount of $493,271,000. 

12 SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2016 for procurement for the Navy and Marine 

15 Corps in amounts as follows: 

16 (1) For aircraft procurement, Navy, 

17 $217,394,000. 

18 (2) For weapons procurement, Navy, 

19 $3,344,000. 

20 (3) For ammunition procurement, Navy and 

21 Marine Corps, $136,930,000. 

22 (4) For other procurement, Navy, $12,186,000. 

23 (5) For procurement, Marine Corps, 

24 $48,934,000. 


rfrederick on DSK6VPTVN1PROD with BILLS
113 

•HR 1735 IH

1 SEC. 1505. AIR FORCE PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2016 for procurement for the Air Force in 

4 amounts as follows: 

5 (1) For aircraft procurement, $128,900,000. 

6 (2) For missile procurement, $289,142,000. 

7 (3) For ammunition procurement, 

8 $228,874,000. 

9 (4) For other procurement, $3,859,964,000. 

10 SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2016 for the procurement account for Defense13 wide activities in the amount of $212,418,000. 

14 SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUA15 TION. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal year 2016 for the use of the Department of Defense 

18 for research, development, test, and evaluation as follows: 

19 (1) For the Army, $1,500,000. 

20 (2) For the Navy, $35,747,000. 

21 (3) For the Air Force, $17,100,000. 

22 (4) For Defense-wide activities, $137,087,000. 

23 SEC. 1508. OPERATION AND MAINTENANCE. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2016 for the use of the Armed Forces for exVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
114 

•HR 1735 IH

1 penses, not otherwise provided for, for operation and 

2 maintenance, in amounts as follows: 

3 (1) For the Army, $11,382,750,000. 

4 (2) For the Navy, $5,131,588,000. 

5 (3) For the Marine Corps, $952,534,000. 

6 (4) For the Air Force, $9,090,013,000. 

7 (5) For Defense-wide activities, 

8 $5,805,633,000. 

9 (6) For the Army Reserve, $24,559,000. 

10 (7) For the Navy Reserve, $31,643,000. 

11 (8) For the Marine Corps Reserve, $3,455,000. 

12 (9) For the Air Force Reserve, $58,106,000. 

13 (10) For the Army National Guard, 

14 $60,845,000. 

15 (11) For the Air National Guard, $19,900,000. 

16 (12) For the Afghanistan Security Forces 

17 Fund, $3,762,257,000. 

18 (13) For the Counterterrorism Partnerships 

19 Fund, $2,100,000,000. 

20 (14) For the Iraq Train and Equip Fund, 

21 $715,000,000. 

22 (15) For the Syria Train and Equip Fund, 

23 $600,000,000. 


rfrederick on DSK6VPTVN1PROD with BILLS
115 

•HR 1735 IH

1 SEC. 1509. MILITARY PERSONNEL. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2016 to the Department of Defense for military 

4 personnel accounts in the total amount of $3,204,758,000. 

5 SEC. 1510. WORKING CAPITAL FUNDS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2016 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense for 

9 providing capital for Defense Working Capital Funds in 

10 the amount of $88,850,000. 

11 SEC. 1511. DEFENSE HEALTH PROGRAM. 

12 Funds are hereby authorized to be appropriated for 

13 the Department of Defense for fiscal year 2016 for ex14 penses, not otherwise provided for, for the Defense Health 

15 Program in the amount of $272,704,000 for operation and 

16 maintenance. 

17 SEC. 1512. DRUG INTERDICTION AND COUNTER-DRUG AC18 TIVITIES, DEFENSE-WIDE. 

19 Funds are hereby authorized to be appropriated for 

20 the Department of Defense for fiscal year 2016 for ex21 penses, not otherwise provided for, for Drug Interdiction 

22 and Counter-Drug Activities, Defense-wide in the amount 

23 of $186,000,000. 

24 SEC. 1513. DEFENSE INSPECTOR GENERAL. 

25 Funds are hereby authorized to be appropriated for 

26 the Department of Defense for fiscal year 2016 for exVerDate Sep 11 2014 03:01 Apr 16, 2015 Jkt 049200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H1735.IH H1735

rfrederick on DSK6VPTVN1PROD with BILLS
116 

•HR 1735 IH

1 penses, not otherwise provided for, for the Office of the 

2 Inspector General of the Department of Defense in the 

3 amount of $10,262,000. 

4 DIVISION B—MILITARY CON5 STRUCTION AUTHORIZA6 TIONS 

7 TITLE XXVIII—MILITARY CON8 STRUCTION GENERAL PROVI9 SIONS 

10 SEC. 2801. CHANGE IN AUTHORITIES RELATING TO SCOPE 

11 OF WORK VARIATIONS FOR MILITARY CON12 STRUCTION PROJECTS. 

13 (a) LIMITED AUTHORITY FOR SCOPE OF WORK IN14 CREASE.—Section 2853 of title 10, United States Code, 

15 is amended— 

16 (1) in subsection (b)(2), by striking ‘‘The scope 

17 of work’’ and inserting ‘‘Except as provided in sub18 section (d), the scope of work’’; 

19 (2) by redesignating subsections (d) and (e) as 

20 subsections (e) and (f), respectively; and 

21 (3) by inserting after subsection (c) the fol22 lowing new subsection (d): 

23 ‘‘(d) The limitation in subsection (b)(2) on an in24 crease in the scope of work does not apply if— 


rfrederick on DSK6VPTVN1PROD with BILLS
117 

•HR 1735 IH

1 ‘‘(1) the increase in the scope of work is not 

2 more than 10 percent of the amount specified for 

3 that project, construction, improvement, or acquisi4 tion in the justification data provided to Congress as 

5 part of the request for authorization of the project, 

6 construction, improvement, or acquisition; 

7 ‘‘(2) the increase is approved by the Secretary 

8 concerned; 

9 ‘‘(3) the Secretary concerned notifies the appro10 priate committees of Congress in writing of the in11 crease in scope and the reasons therefor; and 

12 ‘‘(4) a period of 21 days has elapsed after the 

13 date on which the notification is received by the 

14 committees or, if over sooner, a period of 14 days 

15 has elapsed after the date on which a copy of the 

16 notification is provided in an electronic medium pur17 suant to section 480 of this title.’’. 

18 (b) CROSS-REFERENCE AMENDMENTS.— 

19 (1) Subsection (a) of such section is amended 

20 by striking ‘‘subsection (c) or (d)’’ and inserting 

21 ‘‘subsection (c), (d), or (e)’’. 

22 (2) Subsection (f) of such section, as redesig23 nated by subsection (a)(2), is amended by striking 

24 ‘‘through (d)’’ and inserting ‘‘through (e)’’. 

25 (c) ADDITIONAL TECHNICAL AMENDMENTS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
118 

•HR 1735 IH

1 (1) CONFORMITY WITH GENERAL TITLE 10

2 STYLE.—Subsection (a) of such section is further 

3 amended by inserting ‘‘of this title’’ after ‘‘section 

4 2805(a)’’. 

5 (2) DELETION OF SURPLUS WORD.—Subsection 

6 (c)(1)(A) of such section is amended by striking 

7 ‘‘be’’ after ‘‘Congress can’’. 

8 SEC. 2802. ENHANCED AUTHORITY TO CARRY OUT EMER9 GENCY MILITARY CONSTRUCTION PROJECTS 

10 WHEN NECESSARY TO SUPPORT REQUIRE11 MENTS OF COMBATANT COMMANDERS. 

12 Section 2803 of title 10, United States Code, is 

13 amended— 

14 (1) by redesignating paragraph (2) of sub15 section (c) as subsection (d); and 

16 (2) in subsection (c)— 

17 (A) by striking ‘‘The maximum amount’’ 

18 and inserting ‘‘Except as provided in paragraph 

19 (2), the maximum amount’’; and 

20 (B) by adding at the end the following new 

21 paragraph (2): 

22 ‘‘(2) In applying the limitation under paragraph (1) 

23 for any fiscal year, the Secretary concerned may exclude 

24 any amount obligated by the Secretary under this section 

25 in that fiscal year for a military construction project that 


rfrederick on DSK6VPTVN1PROD with BILLS
119 

•HR 1735 IH

1 is carried out to support the requirements of the com2 mander of a combatant command, except that the max3 imum amount that may be so excluded by the Secretary 

4 concerned in any fiscal year is $25,000,000.’’. 

5 SEC. 2803. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR 

6 THRESHOLDS APPLICABLE TO UNSPECIFIED 

7 MINOR MILITARY CONSTRUCTION AUTHORI8 TIES. 

9 Section 2805 of title 10, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(f) ADJUSTMENT OF DOLLAR LIMITATIONS FOR LO13 CATION.—Each fiscal year, the Secretary concerned shall 

14 adjust the dollar limitations specified in this section appli15 cable to an unspecified minor military construction project 

16 to reflect the area construction cost index for military con17 struction projects published by the Department of Defense 

18 during the prior fiscal year for the location of the 

19 project.’’. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS