170 
† HR 2810 PAP
further amended by adding at the end the following new 
sentence: ‘‘Review of any decision on such a petition by the 
Court of Appeals for the Armed Forces shall have priority 
in the Court of Appeals for the Armed Forces, as determined 
under the rules of the Court of Appeals for the Armed 
Forces.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect immediately after the coming 
into effect of the following (in the order specified): 
(1) The amendments made by division E of the 
National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328), as provided for in sec-
tion 5542 of that Act. 
(2) The amendments made by section 522(b) of 
this Act, as provided in section 522(aa) of this Act. 
SEC. 524. ASSISTANCE OF DEFENSE COUNSEL IN ADDI-
TIONAL POST-TRIAL MATTERS FOR ACCUSED 
CONVICTED BY COURT-MARTIAL. 
(a) ASSISTANCE.—Subsection (c)(2) of section 838 of 
title 10, United States Code (article 38 of the Uniform Code 
of Military Justice), is amended by striking ‘‘section 860 
of this title (article 60)’’ and inserting ‘‘section 860, 860a, 
or 860b of this title (article 60, 60a, or 60b)’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect immediately after the coming
171 
† HR 2810 PAP
into effect of the amendments made by division E of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328), as provided for in section 5542 of 
that Act. 
SEC. 525. ENUMERATION OF ADDITIONAL LIMITATIONS ON 
ACCEPTANCE OF PLEA AGREEMENTS BY MILI-
TARY JUDGES OF GENERAL OR SPECIAL 
COURTS-MARTIAL. 
(a) IN GENERAL.—Subsection (b) of section 853a of 
title 10, United States Code (article 53a of the Uniform 
Code of Military Justice), as added by section 5237 of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328), is amended— 
(1) in paragraph (2), by striking ‘‘or’’ after the 
semicolon; 
(2) in paragraph (3), by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following new para-
graphs: 
‘‘(4) is prohibited by law; or 
‘‘(5) is contrary to, or is inconsistent with, a 
regulation prescribed by the President with respect to 
terms, conditions, or other aspects of plea agree-
ments.’’.
172 
† HR 2810 PAP
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect immediately after the coming 
into effect of the amendments made by division E of the 
National Defense Authorization Act for Fiscal Year 2017, 
as provided for in section 5542 of that Act. 
SEC. 526. ADDITIONAL PROCEEDINGS BY COURTS OF CRIMI-
NAL APPEALS BY ORDER OF UNITED STATES 
COURT 
OF 
APPEALS 
FOR 
THE 
ARMED 
FORCES. 
(a) IN GENERAL.—Subsection (f)(3) of section 866 of 
title 10, United States Code (article 66 of the Uniform Code 
of Military Justice), as amended by section 5330 of the Na-
tional Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328), is further amended— 
(1) by inserting after ‘‘Court’’ the first place it 
appears the following: ‘‘of Criminal Appeals’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘If the Court of Appeals for the Armed Forces 
determines that additional proceedings are war-
ranted, the Court of Criminal Appeals shall order a 
hearing or other proceeding in accordance with the 
direction of the Court of Appeals for the Armed 
Forces.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect immediately after the coming
173 
† HR 2810 PAP
into effect of the amendments made by division E of the 
National Defense Authorization Act for Fiscal Year 2017, 
as provided for in section 5542 of that Act. 
SEC. 527. CLARIFICATION OF APPLICABILITY AND EFFEC-
TIVE DATES FOR STATUTE OF LIMITATIONS 
AMENDMENTS IN CONNECTION WITH UNI-
FORM CODE OF MILITARY JUSTICE REFORM. 
(a) APPLICABILITY OF CERTAIN AMENDMENTS.—Ef-
fective as of December 23, 2016, and immediately after the 
enactment of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328), to which such 
amendment relates, section 5225(f) of that Act is amended 
by striking ‘‘this subsection’’ and inserting ‘‘this section’’. 
(b) CHILD ABUSE OFFENSES.—With respect to offenses 
committed before the date designated by the President under 
section 5542(a) of the National Defense Authorization Act 
for Fiscal Year 2017, subsection (b)(2)(B) of section 843 
of title 10, United States Code (article 43 of the Uniform 
Code of Military Justice), shall be applied as in effect on 
December 22, 2016. 
(c) FRAUDULENT ENLISTMENT OR APPOINTMENT OF-
FENSES.—With respect to the period beginning on the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 2017 and ending on the day before the date 
designated by the President under section 5542(a) of that
174 
† HR 2810 PAP
Act, in the application of subsection (h) of section 843 of 
title 10, United States Code (article 43 of the Uniform Code 
of Military Justice), as added by section 5225(b) of that 
Act, the reference in such subsection (h) to section 904a(1) 
of title 10, United States Code (article 104a(1) of the Uni-
form Code of Military Justice), shall be deemed to be a ref-
erence to section 883(1) of title 10, United States Code (ar-
ticle 83(1) of the Uniform Code of Military Justice). 
SEC. 528. MODIFICATION OF YEAR OF INITIAL REVIEW BY 
MILITARY JUSTICE REVIEW PANEL OF UNI-
FORM CODE OF MILITARY JUSTICE REFORM 
AMENDMENTS. 
(a) IN GENERAL.—Subsection (f)(1) of section 946 of 
title 10, United States Code (article 146 of the Uniform 
Code of Military Justice), as amended by section 5521 of 
the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328), is further amended by striking 
‘‘fiscal year 2020’’ and inserting ‘‘fiscal year 2021’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect immediately after the coming 
into effect of the amendments made by division E of the 
National Defense Authorization Act for Fiscal Year 2017, 
as provided for in section 5542 of that Act.
175 
† HR 2810 PAP
SEC. 529. CLARIFICATION OF APPLICABILITY OF CERTAIN 
PROVISIONS OF LAW TO CIVILIAN JUDGES OF 
THE UNITED STATES COURT OF MILITARY 
COMMISSION REVIEW. 
Section 950f(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(5)(A) For purposes of sections 203, 205, 207, 208, 
and 209 of title 18, the term ‘special Government employee’ 
shall include a judge of the Court appointed under para-
graph (3). 
‘‘(B) A person appointed as a judge of the Court under 
paragraph (3) shall be considered to be an officer or em-
ployee of the United States with respect to such person’s 
status as a judge, but only during periods in which such 
person is performing the duties of such a judge. Any provi-
sion of law that prohibits or limits the political or business 
activities of an employee of the United States shall only 
apply to such a judge during such periods.’’. 
SEC. 530. ENHANCEMENT OF EFFECTIVE PROSECUTION 
AND DEFENSE IN COURTS-MARTIAL AND RE-
LATED MATTERS. 
(a) ADDITIONAL ELEMENT IN PROGRAM FOR EFFEC-
TIVE PROSECUTION AND DEFENSE.—Subsection (a)(1) of 
section 542 of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2126; 
10 U.S.C. 827 note) is amended by inserting before the
176 
† HR 2810 PAP
semicolon the following: ‘‘or there is adequate supervision 
and oversight of trial counsel and defense counsel so detailed 
to ensure effective prosecution and defense in the court-mar-
tial’’. 
(b) ASSIGNMENT OF CIVILIAN EMPLOYEES TO SUPER-
VISE LESS EXPERIENCED JUDGE ADVOCATES IN PROSECU-
TION AND DEFENSE.—Such section is further amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) ASSIGNMENT OF CIVILIAN EMPLOYEES TO SU-
PERVISE LESS EXPERIENCED JUDGE ADVOCATES IN PROS-
ECUTION AND DEFENSE.— 
‘‘(1) ASSIGNMENT AUTHORIZED.—The Secretary 
concerned may assign the function of supervising and 
overseeing prosecution or defense in courts-martial by 
less experienced judge advocates to civilian employees 
of the military department concerned or the Depart-
ment of Homeland Security, as applicable, who have 
extensive litigation expertise. 
‘‘(2) STATUS AS SUPERVISOR.—A civilian em-
ployee assigned to supervise and oversee the prosecu-
tion or defense in a court-martial pursuant to this 
subsection is not required to be detailed to the case,
177 
† HR 2810 PAP
but must be reasonably available for consultation dur-
ing court-martial proceedings.’’. 
(c) PILOT PROGRAMS ON PROFESSIONAL DEVELOP-
MENTAL PROCESS FOR JUDGE ADVOCATES.—Subsection (d) 
of such section, as redesignated by subsection (b)(1) of this 
section, is amended— 
(1) in paragraph (1), striking ‘‘establishing’’ 
and all that follows and inserting ‘‘a military justice 
career track for judge advocates under the jurisdiction 
of the Secretary.’’; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) ELEMENTS.—Each pilot program shall in-
clude the following: 
‘‘(A) A military justice career track for 
judge advocates that leads to judge advocates 
with military justice expertise in the grade of 
colonel, or in the grade of captain in the case of 
judge advocates of the Navy. 
‘‘(B) The use of skill identifiers to identify 
judge advocates for participation in the pilot 
program from among judge advocates having ap-
178 
† HR 2810 PAP
propriate skill and experience in military justice 
matters. 
‘‘(C) Guidance for promotion boards consid-
ering the selection for promotion of officers par-
ticipating in the pilot program in order to en-
sure that judge advocates who are participating 
in the pilot program have the same opportunity 
for promotion as all other judge advocate officers 
being considered for promotion by such boards. 
‘‘(D) Such other matters as the Secretary 
concerned considers appropriate.’’. 
SEC. 531. COURT OF APPEALS FOR THE ARMED FORCES JU-
RISDICTION TO REVIEW INTERLOCUTORY AP-
PEALS OF DECISIONS ON CERTAIN PETITIONS 
FOR WRITS OF MANDAMUS. 
Section 806b(e) of title 10, United States Code (article 
6b(e) of the Uniform Code of Military Justice), is amend-
ed— 
(1) in paragraph (1), by striking ‘‘paragraph 
(4)’’and inserting ‘‘paragraph (5)’’; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph (4):
179 
† HR 2810 PAP
‘‘(4) The Court of Appeals for the Armed Forces may 
review for legal error a grant or denial of a petition for 
a writ of mandamus under this subsection by the Court of 
Criminal Appeals, upon petition of a victim of an offense 
under this chapter or of the accused, and on good cause 
shown. Any such review shall, to the extent practicable, have 
priority over all other proceedings of the Court of Appeals.’’. 
SEC. 532. PUNITIVE ARTICLE ON WRONGFUL BROADCAST 
OR DISTRIBUTION OF INTIMATE VISUAL IM-
AGES OR VISUAL IMAGES OF SEXUALLY EX-
PLICIT 
CONDUCT 
UNDER 
THE 
UNIFORM 
CODE OF MILITARY JUSTICE. 
(a) PROHIBITION.—Subchapter X of chapter 47 of title 
10, United States Code, is amended by inserting after sec-
tion 917 (article 117 of the Uniform Code of Military Jus-
tice) the following new section (article): 
‘‘§ 917a. Art. 117a. Wrongful broadcast or distribution 
of intimate visual images 
‘‘(a) PROHIBITION.—Any person subject to this chap-
ter who— 
‘‘(1) knowingly and wrongfully broadcasts or 
distributes an intimate visual image of another per-
son or a visual image of sexually explicit conduct in-
volving a person who—
180 
† HR 2810 PAP
‘‘(A) is at least 18 years of age at the time 
the intimate visual image or visual image of sex-
ually explicit conduct was created; 
‘‘(B) is identifiable from the intimate visual 
image or visual image of sexually explicit con-
duct itself, or from information displayed in 
connection with the intimate visual image or 
visual image of sexually explicit conduct; and 
‘‘(C) does not explicitly consent to the 
broadcast or distribution of the intimate visual 
image or visual image of sexually explicit con-
duct; 
‘‘(2) knows or reasonably should have known 
that the intimate visual image or visual image of sex-
ually explicit conduct was made under circumstances 
in which the person depicted in the intimate visual 
image or visual image of sexually explicit conduct re-
tained a reasonable expectation of privacy regarding 
any broadcast or distribution of the intimate visual 
image or visual image of sexually explicit conduct; 
and 
‘‘(3) knows or reasonably should have known 
that the broadcast or distribution of the intimate vis-
ual image or visual image of sexually explicit conduct 
is likely—
181 
† HR 2810 PAP
‘‘(A) to cause harm, harassment, intimida-
tion, emotional distress, or financial loss for the 
person depicted in the intimate visual image or 
visual image of sexually explicit conduct; or 
‘‘(B) to harm substantially the depicted per-
son with respect to that person’s health, safety, 
business, calling, career, financial condition, rep-
utation, or personal relationships, 
is guilty of wrongful distribution of intimate visual images 
or visual images of sexually explicit conduct and shall be 
punished as a court-martial may direct. 
‘‘(b) DEFINITIONS.—In this section (article): 
‘‘(1) BROADCAST.—The term ‘broadcast’ means 
to electronically transmit a visual image with the in-
tent that it be viewed by a person or persons. 
‘‘(2) DISTRIBUTE.—The term ‘distribute’ means 
to deliver to the actual or constructive possession of 
another person, including transmission by mail or 
electronic means. 
‘‘(3) INTIMATE VISUAL IMAGE.—The term ‘inti-
mate visual image’ means a visual image that depicts 
a private area of a person. 
‘‘(4) PRIVATE AREA.—The term ‘private area’ 
means the naked or underwear-clad genitalia, anus, 
buttocks, or female areola or nipple.
182 
† HR 2810 PAP
‘‘(5) REASONABLE EXPECTATION OF PRIVACY.— 
The term ‘reasonable expectation of privacy’ refers to 
circumstances in which a reasonable person would be-
lieve that an intimate visual image of the person, or 
a visual image of sexually explicit conduct involving 
the person, would not be broadcast or distributed to 
another person. 
‘‘(6) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ means actual or simulated 
genital-genital contact, oral-genital contact, anal-gen-
ital contact, or oral-anal contact, whether between 
persons of the same or opposite sex, bestiality, mas-
turbation, or sadistic or masochistic abuse. 
‘‘(7) VISUAL IMAGE.—The term ‘visual image’ 
means the following: 
‘‘(A) Any developed or undeveloped photo-
graph, picture, film or video. 
‘‘(B) Any digital or computer image, pic-
ture, film, or video made by any means, includ-
ing those transmitted by any means, including 
streaming media, even if not stored in a perma-
nent format. 
‘‘(C) Any digital or electronic data capable 
of conversion into a visual image.’’.
183 
† HR 2810 PAP
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter X of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), 
is amended by inserting after the item relating to section 
917 (article 117) the following new item: 
‘‘917a. 117a. Wrongful broadcast or distribution of intimate visual images.’’. 
SEC. 533. REPORT ON AVAILABILITY OF POSTSECONDARY 
CREDIT FOR SKILLS ACQUIRED DURING MILI-
TARY SERVICE. 
Not later than 60 days after the date of enactment of 
this Act, the Secretary of Defense, in consultation with the 
Secretaries of Veterans Affairs, Education, and Labor, shall 
submit to Congress a report on the transfer of skills into 
equivalent postsecondary credits or technical certifications 
for members of the armed forces leaving the military. Such 
report shall describe each the following: 
(1) Each skill that may be acquired during mili-
tary service that is eligible for transfer into an equiv-
alent postsecondary credit or technical certification. 
(2) The academic level of the equivalent postsec-
ondary credit or technical certification for each such 
skill. 
(3) Each academic institution that awards an 
equivalent postsecondary credit or technical certifi-
cation for such skills, including—
184 
† HR 2810 PAP
(A) each such academic institution’s status 
as a public or private institution, and as a non- 
profit or for-profit institution; and 
(B) the number of veterans that applied to 
such academic institution who were able to re-
ceive equivalent postsecondary credits or tech-
nical certifications in the preceding fiscal year, 
and the academic level of the credits or certifi-
cations. 
(4) The number of members of the armed forces 
who left the military in the preceding fiscal year, and 
the number of such members who met with an aca-
demic or technical training advisor as part of the 
member’s participation in the Transition Assistance 
Program of the Department of Defense. 
Subtitle 
E—Member 
Education, 
Training, Transition, and Resil-
ience 
SEC. 541. READY, RELEVANT LEARNING INITIATIVE OF THE 
NAVY. 
(a) CERTIFICATIONS REQUIRED.—Not later than Octo-
ber 1, 2017, and each year thereafter, the Secretary of the 
Navy shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a certification 
on the status of implementation of the Ready, Relevant
185 
† HR 2810 PAP
Learning initiative of the Navy for each applicable enlisted 
rating. 
(b) ELEMENTS.—Each certification under subsection 
(a) shall include the following: 
(1) A certification by the Commander of the 
United States Fleet Forces Command that the block 
learning and modernized delivery methods of the 
Ready, Relevant Learning initiative to be imple-
mented during the fiscal year beginning in which 
such certification is submitted will meet or exceed the 
existing training delivery approach for all associated 
training requirements. 
(2) A certification by the Secretary that the con-
tent re-engineering necessary to meet all training ob-
jectives and transition from the traditional training 
curriculum to the modernized delivery format to be 
implemented during such fiscal year will be complete 
prior to such transition, including full functionality 
of all required course software and hardware. 
(3) A detailed cost estimate of transitioning to 
the block learning and modernized delivery ap-
proaches to be implemented during such fiscal year 
with funding listed by purpose, amount, appropria-
tions account, budget program element or line item, 
and end strength adjustments.
186 
† HR 2810 PAP
(4) A detailed phasing plan associated with 
transitioning to the block learning and modernized 
delivery approaches to be implemented during such 
fiscal year, including the current status, timing, and 
identification of reductions in ‘‘A’’ school and ‘‘C’’ 
school courses, curricula, funding, and personnel. 
(5) A certification by the Secretary that— 
(A) the contracting strategy associated with 
transitioning to the modernized delivery ap-
proach to be implemented during such fiscal year 
has been completed; and 
(B) contracting actions contain sufficient 
specification detail to enable a low risk approach 
to receiving the deliverable end item or items on- 
budget, on-schedule, and with satisfactory per-
formance. 
SEC. 542. ELEMENT IN PRESEPARATION COUNSELING FOR 
MEMBERS OF THE ARMED FORCES ON AS-
SISTANCE 
AND 
SUPPORT 
SERVICES 
FOR 
CAREGIVERS 
OF 
CERTAIN 
VETERANS 
THROUGH THE DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) IN GENERAL.—Section 1142(b) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraph:
187 
† HR 2810 PAP
‘‘(18) A description, developed in consultation 
with the Secretary of Veterans Affairs, of the assist-
ance and support services for family caregivers of eli-
gible veterans under the program conducted by the 
Secretary of Veterans Affairs pursuant to section 
1720G of title 38, including the veterans covered by 
the program, the caregivers eligible for assistance and 
support through the program, and the assistance and 
support available through the program.’’. 
(b) PARTICIPATION OF POTENTIAL CAREGIVERS IN AP-
PROPRIATE PRESEPARATION COUNSELING.— 
(1) IN
GENERAL.—In accordance with proce-
dures established by the Secretary of Defense, each 
Secretary of a military department shall take appro-
priate actions to achieve the following: 
(A) To determine whether each member of 
the Armed Forces under the jurisdiction of such 
Secretary who is undergoing preseparation coun-
seling pursuant to section 1142 of title 10, 
United States Code (as amended by subsection 
(a)), and who may require caregiver services 
after separation from the Armed Forces has iden-
tified an individual to provide such services after 
the member’s separation.
188 
† HR 2810 PAP
(B) In the case of a member described in 
subparagraph (A) who has identified an indi-
vidual to provide caregiver services after the 
member’s separation, at the election of the mem-
ber, to permit such individual to participate in 
appropriate 
sessions 
of 
the 
member’s 
preseparation counseling in order to inform such 
individual of— 
(i) the assistance and support services 
available to caregivers of members after sep-
aration from the Armed Forces; and 
(ii) the manner in which the member’s 
transition to civilian life after separation 
may likely affect such individual as a care-
giver. 
(2) CAREGIVERS.—For purposes of this sub-
section, individuals who provide caregiver services re-
fers to individuals (including a spouse, partner, par-
ent, sibling, adult child, other relative, or friend) who 
provide physical or emotional assistance to former 
members of the Armed Forces during and after their 
transition from military life to civilian life following 
separation from the Armed Forces. 
(3) DEADLINE FOR COMMENCEMENT.—Each Sec-
retary of a miliary department shall commence the
189 
† HR 2810 PAP
actions required pursuant to this subsection by not 
later than 180 days after the date of the enactment 
of this Act. 
SEC. 543. DISCHARGE IN THE SELECTED RESERVE OF THE 
COMMISSIONED 
SERVICE 
OBLIGATION 
OF 
MILITARY SERVICE ACADEMY GRADUATES 
WHO PARTICIPATE IN PROFESSIONAL ATH-
LETICS. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
4348(a) of title 10, United States Code, is amended by add-
ing at the end the following new paragraph: 
‘‘(5) That, if upon graduation the cadet obtains 
employment as a professional athlete in lieu of the ac-
ceptance of an appointment tendered under para-
graph (2), the cadet— 
‘‘(A) will accept an appointment as a com-
missioned officer as a Reserve in the Army for 
service in the Army Reserve; and 
‘‘(B) will remain in that reserve component 
as a member of the Selected Reserve until com-
pletion of the commissioned service obligation of 
the cadet.’’. 
(b) UNITED
STATES
NAVAL
ACADEMY.—Section 
6959(a) of title 10, United States Code, is amended by add-
ing at the end the following new paragraph:
190 
† HR 2810 PAP
‘‘(5) That, if upon graduation the midshipman 
obtains employment as a professional athlete in lieu 
of the acceptance of an appointment tendered under 
paragraph (2), the midshipman— 
‘‘(A) will accept an appointment as a com-
missioned officer as a Reserve in the Navy for 
service in the Navy Reserve or the Marine Corps 
Reserve; and 
‘‘(B) will remain in that reserve component 
as a member of the Selected Reserve until com-
pletion of the commissioned service obligation of 
the midshipman.’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9348(a) of title 10, United States Code, is amended by add-
ing at the end the following new paragraph: 
‘‘(5) That, if upon graduation the cadet obtains 
employment as a professional athlete in lieu of the ac-
ceptance of an appointment tendered under para-
graph (2), the cadet— 
‘‘(A) will accept an appointment as a com-
missioned officer as a Reserve in the Air Force 
for service in the Air Force Reserve; and 
‘‘(B) will remain in that reserve component 
as a member of the Selected Reserve until com-
191 
† HR 2810 PAP
pletion of the commissioned service obligation of 
the cadet.’’. 
(d) APPLICATION OF AMENDMENTS.—The Secretaries 
of the military departments shall promptly revise the cadet 
and midshipman service agreements under sections 4348, 
6959, and 9348 of title 10, United States Code, to reflect 
the amendments made by this section. The revised agree-
ment shall apply to cadets and midshipmen who are attend-
ing the United States Military Academy, the United States 
Naval Academy, or the United States Air Force Academy 
on the date of the enactment of this Act and to persons who 
begin attendance at such military service academies on or 
after that date. 
SEC. 544. PILOT PROGRAMS ON APPOINTMENT IN THE EX-
CEPTED SERVICE IN THE DEPARTMENT OF 
DEFENSE 
OF 
PHYSICALLY 
DISQUALIFIED 
FORMER CADETS AND MIDSHIPMEN. 
(a) PILOT PROGRAMS AUTHORIZED.— 
(1) IN GENERAL.—Each Secretary of a military 
department may carry out a pilot program under 
which former cadets or midshipmen described in 
paragraph (2) (in this section referred to as ‘‘eligible 
individuals’’) under the jurisdiction of such Secretary 
may be appointed by the Secretary of Defense in the
192 
† HR 2810 PAP
excepted service under section 3320 of title 5, United 
States Code, in the Department of Defense. 
(2) CADETS AND MIDSHIPMEN.—Except as pro-
vided in paragraph (3), a former cadet or mid-
shipman described in this paragraph is any former 
cadet at the United States Military Academy or the 
United States Air Force Academy, and any former 
midshipman at the United States Naval Academy, 
who— 
(A) completed the prescribed course of in-
struction and graduated from the applicable 
service academy; and 
(B) is determined to be medically disquali-
fied to complete a period of active duty in the 
Armed Forces prescribed in an agreement signed 
by such cadet or midshipman in accordance with 
section 4348, 6959, or 9348 of title 10, United 
States Code. 
(3) EXCEPTION.—A former cadet or midshipman 
whose medical disqualification as described in para-
graph (2)(B) is the result of the gross negligence or 
misconduct of the former cadet or midshipman is not 
an eligible individual for purposes of appointment 
under a pilot program.
193 
† HR 2810 PAP
(b) PURPOSE.—The purpose of the pilot programs is 
to evaluate the feasibility and advisability of permitting eli-
gible individuals who cannot accept a commission or com-
plete a period of active duty in the Armed Forces prescribed 
by the Secretary of the military department concerned to 
fulfill an obligation for active duty service in the Armed 
Forces through service as a civilian employee of the Depart-
ment of Defense 
(c) POSITIONS.— 
(1) IN GENERAL.—The positions to which an eli-
gible individual may be appointed under a pilot pro-
gram are existing positions within the Department of 
Defense in grades up to GS–9 under the General 
Schedule under section 5332 of title 5, United States 
Code (or equivalent). The authority in subsection (a) 
does not authorize the creation of additional posi-
tions, or create any vacancies to which eligible indi-
viduals may be appointed under a pilot program. 
(2) TERM POSITIONS.—Any appointment under 
a pilot program shall be to a position having a term 
of five years or less. 
(d) SCOPE OF AUTHORITY.— 
(1) RECRUITMENT AND RETENTION OF ELIGIBLE 
INDIVIDUALS.—The authority in subsection (a) may 
be used only to the extent necessary to recruit and re-
194 
† HR 2810 PAP
tain on a non-competitive basis cadets and mid-
shipmen who are relieved of an obligation for active 
duty in the Armed Forces due to becoming medically 
disqualified from serving on active duty in the Armed 
Forces, and may not be used to appoint any other in-
dividuals in the excepted service. 
(2) 
VOLUNTARY
ACCEPTANCE
OF
APPOINT-
MENTS.—A pilot program may not be used as an im-
plicit or explicit basis for compelling an eligible indi-
vidual to accept an appointment in the excepted serv-
ice in accordance with this section. 
(e) RELATIONSHIP
TO REPAYMENT PROVISIONS.— 
Completion of a term appointment pursuant to a pilot pro-
gram shall relieve the eligible individual concerned of any 
repayment obligation under section 303a(e) or 373 of title 
37, United States Code, with respect to the agreement of 
the individual described in subsection (b)(2)(B). 
(f) TERMINATION.— 
(1) IN GENERAL.—The authority to appoint eli-
gible individuals in the excepted service under a pilot 
program shall expire on the date that is four years 
after the date of the enactment of this Act. 
(2) EFFECT ON EXISTING APPOINTMENTS.—The 
termination by paragraph (1) of the authority in sub-
section (a) shall not affect any appointment made
195 
† HR 2810 PAP
under that authority before the termination date spec-
ified in paragraph (1) in accordance with the terms 
of such appointment. 
SEC. 545. LIMITATION ON AVAILABILITY OF FUNDS FOR AT-
TENDANCE OF AIR FORCE ENLISTED PER-
SONNEL AT AIR FORCE OFFICER PROFES-
SIONAL MILITARY EDUCATION IN-RESIDENCE 
COURSES. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated or otherwise available for the Department of 
the Air Force may be obligated or expended for the purpose 
of the attendance of Air Force enlisted personnel at Air 
Force officer professional military education (PME) in-resi-
dence courses until the later of— 
(1) the date on which the Secretary of the Air 
Force submits to the Committees on Armed Services 
of the Senate and the House of Representatives, and 
to the Comptroller General of the United States, a re-
port on the attendance of such personnel at such 
courses as described in subsection (b); 
(2) the date on which the Comptroller General 
submits to such committees the report setting forth an 
assessment of the report under paragraph (1) as de-
scribed in subsection (c); or
196 
† HR 2810 PAP
(3) 180 days after the date of the enactment of 
this Act. 
(b) SECRETARY OF THE AIR FORCE REPORT.—The re-
port of the Secretary described in subsection (a)(1) shall 
include the following: 
(1) The purpose of the attendance of Air Force 
enlisted personnel at Air Force officer professional 
military education in-residence courses. 
(2) The objectives for the attendance of such en-
listed personnel at such officer professional military 
education courses. 
(3) The required prerequisites for such enlisted 
personnel to attend such officer professional military 
education courses. 
(4) The process for selecting such enlisted per-
sonnel to attend such officer professional military 
education courses. 
(5) The impact of the attendance of such enlisted 
personnel at such officer professional military edu-
cation courses on the availability of officer allocations 
for the attendance of officers at such courses. 
(6) The impact of the attendance of such enlisted 
personnel at such officer professional military edu-
cation courses on the morale and retention of officers 
attending such courses.
197 
† HR 2810 PAP
(7) The resources required for such enlisted per-
sonnel to attend such officer professional military 
education courses. 
(8) The impact on unit and overall Air Force 
manning levels of the attendance of such enlisted per-
sonnel at such officer professional military education 
courses, especially at the statutorily-limited end 
strengths of grades E–8 and E–9. 
(9) The extent to which graduation by such en-
listed personnel from such officer professional mili-
tary education courses is a requirement for Air Force 
or joint assignments. 
(10) The planned assignment utilization for Air 
Force enlisted graduates of such officer professional 
military education courses. 
(11) Any other matters in connection with the 
attendance of such enlisted personnel at such officer 
professional military education courses that the Sec-
retary considers appropriate. 
(c) COMPTROLLER GENERAL OF THE UNITED STATES 
REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date the Secretary submits the report described in 
subsection (a)(1), the Comptroller General shall sub-
mit to the Committees on Armed Services of the Sen-
198 
† HR 2810 PAP
ate and the House of Representatives a briefing on an 
assessment of the report by the Comptroller General. 
As soon as practicable after the briefing, the Comp-
troller General shall submit to such committees a re-
port on such assessment for purposes of subsection 
(a)(2). 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
(A) An assessment of whether the conclu-
sions and assertions included in the report of the 
Secretary under subsection (a) are comprehen-
sive, fully supported, and sufficiently detailed. 
(B) An identification of any shortcomings, 
limitations, or other reportable matters that af-
fect the quality of the findings or conclusions of 
the report of the Secretary. 
SEC. 546. PILOT PROGRAM ON INTEGRATION OF DEPART-
MENT OF DEFENSE AND NON-FEDERAL EF-
FORTS FOR CIVILIAN EMPLOYMENT OF MEM-
BERS OF THE ARMED FORCES FOLLOWING 
TRANSITION FROM ACTIVE DUTY TO CIVILIAN 
LIFE. 
(a) PILOT PROGRAM REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall 
conduct a pilot program to assess the feasability and
199 
† HR 2810 PAP
advisability of assisting members of the Armed Forces 
described in subsection (c) who are undergoing the 
transition from active duty in the Armed Forces to 
civilian life by accelerating and improving their ac-
cess to employment following their transition to civil-
ian life through the coordination, integration, and 
leveraging of existing programs and authorities of the 
Department of Defense for such purposes with pro-
grams and resources of State and local agencies, in-
stitutions of higher education, employers, and other 
public, private, and nonprofit entities applicable to 
the pilot program. 
(2) EXISTING COMMUNITY PROGRAMS AND RE-
SOURCES.—For purposes of this section, existing pro-
grams and resources of State and local agencies, in-
stitutions of higher education, employers, and other 
public, private, and nonprofit entities described in 
paragraph (1) in the vicinity of a location of the 
pilot program are referred to as the ‘‘existing commu-
nity programs and resources’’ in that vicinity. 
(b) GOALS.—The goals of the pilot program shall be 
as follows: 
(1) To facilitate the coordination of existing 
community programs and resources in the locations of 
the pilot program in order to identify a model for the
200 
† HR 2810 PAP
coordination of such programs and authorities that 
can be replicated nationwide in communities in 
which members of the Armed Forces described in sub-
section (c) are undergoing the transition from active 
duty to civilian life. 
(2) To identify mechanisms by which the De-
partment of Defense and existing community pro-
grams and resources may work with employers and 
members of the Armed Forces described in subsection 
(c) in order to— 
(A) identify workforce needs that may be 
satisfiable by such members following their tran-
sition to civilian life; 
(B) identify military occupational skills 
that may satisfy the workforce needs identified 
pursuant to subparagraph (A); and 
(C) identify gaps in the training of mem-
bers of the Armed Forces that may require reme-
diation in order to satisfy workforce needs iden-
tified pursuant to subparagraph (A), and iden-
tify mechanisms by which members of the Armed 
Forces described in subsection (c) may receive 
training to remediate such gaps. 
(3) To identify mechanisms to assist members of 
the Armed Forces described in subsection (c) in bridg-
201 
† HR 2810 PAP
ing geographical gaps between their final military in-
stallations and nearby metropolitan areas in which 
employment and necessary training are likely to be 
available to such members during or following their 
transition to civilian life. 
(c) COVERED MEMBERS.—The members of the Armed 
Forces described in this subsection are the following: 
(1) Regular members of the Armed Forces who 
are within 180 days of discharge or release from the 
Armed Forces. 
(2) Members of the reserve components of the 
Armed Forces (whether National Guard or Reserve) 
who are on active duty for a period of more than 365 
days and are within 180 days of release from such ac-
tive duty. 
(d) LOCATIONS.— 
(1) IN GENERAL.—The Secretary shall carry out 
the pilot program at not less than five locations se-
lected by the Secretary for purposes of the pilot pro-
gram. 
(2) SELECTION REQUIREMENTS.—Each location 
selected pursuant to paragraph (1) shall— 
(A) include a military installation—
202 
† HR 2810 PAP
(i) that has a well-established military- 
civilian community relationship with the 
civilian communities nearby; and 
(ii) at which serves an appropriate 
population of members of the Armed Forces 
described in subsection (c); 
(B) have a large employment or industry 
base that supports a variety of occupational op-
portunities; 
(C) have appropriate institutional infra-
structure for the provision of worker training; 
and 
(D) take place in a different geographic re-
gion of the United States. 
(e) ELEMENTS.—At each location selected for the pilot 
program there shall be the following: 
(1) A mechanism to identify existing community 
programs and resources for participation in the pilot 
program, including programs and resources that are 
currently working with programs and authorities of 
the Department of Defense to assist members of the 
Armed Forces described in subsection (c), and, espe-
cially, programs and resources that are recognized as 
engaging in best practices in working with such pro-
grams and authorities of the Department.
203 
† HR 2810 PAP
(2) A mechanism to assess the willingness of em-
ployers in the vicinity of such location to participate 
in the pilot program and employ members of the 
Armed Forces participating in the pilot program fol-
lowing their transition to civilian life. 
(3) A mechanism to assess the willingness of the 
State in which such location is located to recognize 
military training for credit for professional and occu-
pational licenses. 
(4) A civilian community coordinator for the 
pilot program, who shall be responsible for implemen-
tation and execution of the pilot program for the De-
partment, and for coordinating existing community 
programs and resources, at such location by— 
(A) pursuing a multi-faceted outreach and 
engagement strategy that leverages relationships 
with appropriate public, private, and nonprofit 
entities in the vicinity of such location for pur-
poses of the pilot program; 
(B) developing and implementing a pro-
gram using existing resources, infrastructure, 
and experience to maximize the benefits of the 
pilot program for members of the Armed Forces 
participating in the pilot program by mini-
mizing the time required for completion of train-
204 
† HR 2810 PAP
ing provided to such members under the pilot 
program, which program shall— 
(i) compliment continuing Department 
efforts to assist members of the Armed 
Forces in their transition from active duty 
in the Armed Forces to civilian life and to 
coordinate with existing veteran employ-
ment programs for purposes of such efforts; 
(ii) provide for the cultivation of a net-
work of partners among the entities de-
scribed in subparagraph (A) in order to 
maximize the number of opportunities for 
civilian employment for members of the 
Armed Forces participating in the pilot 
program following their transition to civil-
ian life; 
(iii) provide for the use of comprehen-
sive assessments of the military experience 
gained by members of the Armed Forces 
participating in the pilot program in order 
to assist them in obtaining civilian employ-
ment relating to their military occupations 
following their transition to civilian life; 
(iv) seek to secure for members of the 
Armed Forces participating in the pilot
205 
† HR 2810 PAP
program maximum credit for prior mili-
tary service in their pursuit of civilian em-
ployment following their transition to civil-
ian life; 
(v) seek to eliminate unnecessary and 
redundant elements of the training provided 
for purposes of the pilot program to mem-
bers of the Armed Forces participating in 
the pilot program; 
(vi) seek to minimize the time required 
for members of the Armed Forces partici-
pating in the pilot program in obtaining 
skills, credentials, or certifications required 
for civilian employment following their 
transition to civilian life; and 
(vii) provide for the continuous collec-
tion of data and feedback from employers in 
the vicinity of such location in order to tai-
lor training provided to members of the 
Armed Forces for purposes of the pilot pro-
gram to meet the needs of such employers. 
(5) A plan of action for delivering additional 
training and credentialing modules for members of 
the Armed Forces described in subsection (c) in order 
to seek to provide such members with skills that are
206 
† HR 2810 PAP
in high demand in the vicinity and region of such lo-
cation. 
(f) REPORTS.— 
(1) INITIAL REPORT.—Not later than one year 
after the date of the commencement of the pilot pro-
gram, the Secretary shall submit to the Committees 
on Armed Services of the Senate and the House of 
Representatives a report on the pilot program. The re-
port shall include, for each location selected for the 
pilot program pursuant to subsection (d), the fol-
lowing: 
(A) A full description of the pilot program, 
including— 
(i) the number of members of the 
Armed Forces participating in the pilot 
program; 
(ii) the outreach to public, private, and 
nonprofit entities conducted for purposes of 
the pilot program to encourage such entities 
to participate in the pilot program; 
(iii) the entities participating in the 
pilot program, set forth by employment sec-
tor; 
(iv) the number of members partici-
pating in the pilot program who obtained
207 
† HR 2810 PAP
employment with an entity participating in 
the pilot program, set forth by employment 
sector; 
(v) a description of any additional 
training provided to members participating 
in the pilot program for purposes of the 
pilot program, including the amount of 
time required for such additional training; 
and 
(vi) a description of the cost of the 
pilot program. 
(B) A current assessment of the effect of the 
pilot program on Department of Defense and 
community efforts to assist members of the 
Armed Forces described in subsection (c) in ob-
taining civilian employment following their 
transition to civilian life. 
(2) FINAL REPORT.—Not later than 90 days be-
fore the date on which the pilot program terminates, 
the Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives an update of the report submitted under 
paragraph (1). 
(g) CONSTRUCTION.—Nothing in this section may be 
construed to authorize the Secretary to hire additional em-
208 
† HR 2810 PAP
ployees for the Department of Defense to carry out the pilot 
program. 
(h) TERMINATION.—The authority of the Secretary to 
carry out the pilot program shall terminate on the date that 
is two years after the date on which the pilot program com-
mences. 
SEC. 547. TWO-YEAR EXTENSION OF SUICIDE PREVENTION 
AND RESILIENCE PROGRAM FOR THE NA-
TIONAL GUARD AND RESERVES. 
Section 10219(g) of title 10, United States Code, is 
amended by striking ‘‘October 1, 2018’’ and inserting ‘‘Oc-
tober 1, 2020’’. 
SEC. 548. SEXUAL ASSAULT PREVENTION AND RESPONSE 
TRAINING FOR ALL INDIVIDUALS ENLISTED 
IN THE ARMED FORCES UNDER A DELAYED 
ENTRY PROGRAM. 
(a) TRAINING REQUIRED.—Commencing not later 
than January 1, 2018, each Secretary concerned shall, inso-
far as practicable, provide training on sexual assault pre-
vention and response to each individual under the jurisdic-
tion of such Secretary who is enlisted in the Armed Forces 
under a delayed entry program such that each such indi-
vidual completes such training before the date of commence-
ment of basic training or initial active duty for training 
in the Armed Forces.
209 
† HR 2810 PAP
(b) ELEMENTS.— 
(1) IN GENERAL.—The training provided pursu-
ant to subsection (a) shall meet such requirements as 
the Secretary of Defense shall establish for purposes of 
this section. Such training shall, to the extent prac-
ticable, be uniform across the Armed Forces. 
(2) SENSE OF CONGRESS ON PROVISION AND NA-
TURE OF TRAINING.—It is the sense of Congress that 
the training should— 
(A) be provided through in-person instruc-
tion, whenever possible; and 
(B) include instruction on the proper use of 
social media. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘delayed entry program’’ means 
the following: 
(A) The Future Soldiers Program of the 
Army. 
(B) The Delayed Entry Program of the 
Navy and the Marine Corps. 
(C) The program of the Air Force for the 
delayed entry of enlistees into the Air Force. 
(D) The program of the Coast Guard for the 
delayed entry of enlistees into the Coast Guard.
210 
† HR 2810 PAP
(E) Any successor program to a program 
referred to in subparagraphs (A) through (D). 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(a)(9) of title 
10, United States Code. 
SEC. 549. USE OF ASSISTANCE UNDER DEPARTMENT OF DE-
FENSE TUITION ASSISTANCE PROGRAM FOR 
NON-TRADITIONAL EDUCATION TO DEVELOP 
CYBERSECURITY AND COMPUTER CODING 
SKILLS. 
(a) BRIEFING ON USE REQUIRED.—Not later than 60 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall provide the Committees on Armed 
Services of the Senate and the House of Representatives a 
briefing on the feasability and advisability of the enactment 
into law of the authority described in subsection (b). 
(b) AUTHORITY.—The authority described in this sub-
section is authority for a member of the Armed Forces who 
is eligible for tuition assistance under the Department of 
Defense Tuition Assistance (TA) Program to use such as-
sistance at or with an educational institution described in 
subsection (c) for courses or programs of education of such 
educational institution in connection with the following: 
(1) Cybersecurity skills or related skills. 
(2) Computer coding skills or related skills.
211 
† HR 2810 PAP
(c) EDUCATIONAL INSTITUTIONS.— 
(1) IN GENERAL.—An educational institution de-
scribed in this subsection is an educational institu-
tion not otherwise approved for participation in the 
Department of Defense Tuition Assistance Program 
that receives approval from the Department of De-
fense for participation in the program for courses or 
programs of education described in subsection (b). 
(2) APPROVAL.—Any approval of the participa-
tion of an educational institution in the Program 
under this subsection would be granted by the Under 
Secretary of Defense for Personnel and Readiness in 
accordance with such guidance as the Under Sec-
retary would issue for purposes of this section. 
(3) 
MEMORANDA
OF
UNDERSTANDING.—The 
Under Secretary would enter into a memorandum of 
understanding with each educational institution ap-
proved for participation in the Program pursuant to 
this subsection regarding the participation of such 
educational institution in the Program. Each memo-
randum of understanding would set forth such terms 
and conditions regarding the participation of the edu-
cational institution concerned in the Program, in-
cluding terms and conditions applicable to the courses 
or programs for which tuition assistance under the
212 
† HR 2810 PAP
Program could be used, as the Under Secretary would 
consider appropriate for purposes of this section. 
(d) COURSES AND PROGRAMS.—The courses and pro-
grams of education for which tuition assistance could be 
used pursuant to the authority in subsection (b) would in-
clude the following: 
(1) Massive online open courses (MOOCs). 
(2) Short-term certification courses, including 
so-called computer coding ‘‘boot camps’’. 
(3) Such other non-traditional courses and pro-
grams of education leading to skills specified in sub-
section (b) as the Under Secretary would consider ap-
propriate for purposes of this section. 
SEC. 550. SENSE OF SENATE ON INCREASING ENROLLMENT 
IN SENIOR RESERVE OFFICERS’ TRAINING 
CORPS PROGRAMS AT MINORITY-SERVING IN-
STITUTIONS. 
(a) SENSE OF SENATE.—It is the sense of the Senate 
that the Armed Forces should take appropriate actions to 
increase enrollment in Senior Reserve Officers’ Training 
Corps (SROTC) programs at minority-serving institutions. 
(b) MINORITY-SERVING INSTITUTION DEFINED.—In 
this section, the term ‘‘minority-serving institution’’ means 
an institution of higher education described in section
213 
† HR 2810 PAP
371(a) of the Higher Education Act of 1965 (20 U.S.C. 
1067q(a)). 
Subtitle 
F—Defense 
Dependents’ 
Education and Military Family 
Readiness Matters 
PART I—DEFENSE DEPENDENTS’ EDUCATION 
MATTERS 
SEC. 551. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES. 
(a) IN GENERAL.—Of the amount authorized to be ap-
propriated for fiscal year 2018 pursuant to section 301 and 
available for operation and maintenance for Defense-wide 
activities as specified in the funding table in section 4301, 
$10,000,000 shall be available for payments under section 
363 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
(b) USE OF CERTAIN AMOUNT.—Of the amount avail-
able under subsection (a) for payments as described in that 
subsection, $5,000,000 shall be available for such payments 
to local educational agencies determined by the Secretary 
of Defense, in the discretion of the Secretary, to have higher 
concentrations of military children with severe disabilities.
214 
† HR 2810 PAP
SEC. 552. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2018 
by section 301 and available for operation and maintenance 
for Defense-wide activities as specified in the funding table 
in section 4301, $25,000,000 shall be available only for the 
purpose of providing assistance to local educational agen-
cies under subsection (a) of section 572 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 20 U.S.C. 7703b). 
(b) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘local educational agency’’ has the mean-
ing given that term in section 7013(9) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 553. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO THE TRANSITION AND SUPPORT OF 
MILITARY DEPENDENT STUDENTS TO LOCAL 
EDUCATIONAL AGENCIES. 
Section 574(c)(3) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b
215 
† HR 2810 PAP
note) is amended by striking ‘‘September 30, 2017’’ and in-
serting ‘‘September 30, 2018’’. 
PART II—MILITARY FAMILY READINESS MATTERS 
SEC. 556. HOUSING TREATMENT FOR CERTAIN MEMBERS 
OF THE ARMED FORCES, AND THEIR SPOUSES 
AND OTHER DEPENDENTS, UNDERGOING A 
PERMANENT CHANGE OF STATION WITHIN 
THE UNITED STATES. 
(a) HOUSING TREATMENT.— 
(1) IN GENERAL.—Chapter 7 of title 37, United 
States Code, is amended by inserting after section 403 
the following new section: 
‘‘§ 403a. Housing treatment for certain members of the 
armed forces, and their spouses and other 
dependents, 
undergoing 
a 
permanent 
change of station within the United States 
‘‘(a) HOUSING TREATMENT FOR CERTAIN MEMBERS 
WHO HAVE A SPOUSE OR OTHER DEPENDENTS.— 
‘‘(1) HOUSING TREATMENT REGULATIONS.—The 
Secretary of Defense shall prescribe regulations that 
permit a member of the armed forces described in 
paragraph (2) who is undergoing a permanent change 
of station within the United States to request the 
housing treatment described in subsection (b) during 
the covered relocation period of the member.
216 
† HR 2810 PAP
‘‘(2) ELIGIBLE MEMBERS.—A member described 
in this paragraph is any member who— 
‘‘(A) has a spouse who is gainfully em-
ployed or enrolled in a degree, certificate or li-
cense granting program at the beginning of the 
covered relocation period; 
‘‘(B) has one or more dependents attending 
an elementary or secondary school at the begin-
ning of the covered relocation period; 
‘‘(C) has one or more dependents enrolled in 
the Exceptional Family Member Program; or 
‘‘(D) is caring for an immediate family 
member with a chronic or long-term illness at 
the beginning of the covered relocation period. 
‘‘(b) HOUSING TREATMENT.— 
‘‘(1) CONTINUATION
OF
HOUSING
FOR
THE 
SPOUSE AND OTHER DEPENDENTS.—If a spouse or 
other dependent of a member whose request under sub-
section (a) is approved resides in Government-owned 
or Government-leased housing at the beginning of the 
covered relocation period, the spouse or other depend-
ent may continue to reside in such housing during a 
period determined in accordance with the regulations 
prescribed pursuant to this section.
217 
† HR 2810 PAP
‘‘(2) EARLY HOUSING ELIGIBILITY.—If a spouse 
or other dependent of a member whose request under 
subsection (a) is approved is eligible to reside in Gov-
ernment-owned or Government-leased housing fol-
lowing the member’s permanent change of station 
within the United States, the spouse or other depend-
ent may commence residing in such housing at any 
time during the covered relocation period. 
‘‘(3) TEMPORARY USE OF GOVERNMENT-OWNED 
OR
GOVERNMENT-LEASED
HOUSING
INTENDED
FOR 
MEMBERS WITHOUT A SPOUSE OR DEPENDENT.—If a 
spouse or other dependent of a member relocates at a 
time different from the member in accordance with a 
request approved under subsection (a), the member 
may be assigned to Government-owned or Govern-
ment-leased housing intended for the permanent hous-
ing of members without a spouse or dependent until 
the member’s detachment date or the spouse or other 
dependent’s arrival date, but only if such Govern-
ment-owned or Government-leased housing is avail-
able without displacing a member without a spouse or 
dependent at such housing. 
‘‘(4) EQUITABLE BASIC ALLOWANCE FOR HOUS-
ING.—If a spouse or other dependent of a member re-
locates at a time different from the member in accord-
218 
† HR 2810 PAP
ance with a request approved under subsection (a), 
the amount of basic allowance for housing payable 
may be based on whichever of the following areas the 
Secretary concerned determines to be the most equi-
table: 
‘‘(A) The area of the duty station to which 
the member is reassigned. 
‘‘(B) The area in which the spouse or other 
dependent resides, but only if the spouse or other 
dependent resides in that area when the member 
departs for the duty station to which the member 
is reassigned, and only for the period during 
which the spouse or other dependent resides in 
that area. 
‘‘(C) The area of the former duty station of 
the member, but only if that area is different 
from the area in which the spouse or other de-
pendent resides. 
‘‘(c) RULE OF CONSTRUCTION RELATED TO CERTAIN 
BASIC ALLOWANCE FOR HOUSING PAYMENTS.—Nothing in 
this section shall be construed to limit the payment or the 
amount of basic allowance for housing payable under sec-
tion 403(d)(3)(A) of this title to a member whose request 
under subsection (a) is approved.
219 
† HR 2810 PAP
‘‘(d) INAPPLICABILITY TO COAST GUARD.—This sec-
tion does not apply to members of the Coast Guard. 
‘‘(e) HOUSING TREATMENT EDUCATION.—The regula-
tions prescribed pursuant to this section shall ensure the 
relocation assistance programs under section 1056 of title 
10 include, as part of the assistance normally provided 
under such section, education about the housing treatment 
available under this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) COVERED RELOCATION PERIOD.—(A) Sub-
ject to subparagraph (B), the term ‘covered relocation 
period’, when used with respect to a permanent 
change of station of a member of the armed forces, 
means the period that— 
‘‘(i) begins 180 days before the date of the 
permanent change of station; and 
‘‘(ii) ends 180 days after the date of the per-
manent change of station. 
‘‘(B) The regulations prescribed pursuant to this 
section may provide for a shortening or lengthening 
of the covered relocation period of a member for pur-
poses of this section. 
‘‘(2) DEPENDENT.—The term ‘dependent’ has the 
meaning given that term in section 401 of this title.
220 
† HR 2810 PAP
‘‘(3) PERMANENT
CHANGE
OF
STATION.—The 
term ‘permanent change of station’ means a perma-
nent change of station described in section 452(b)(2) 
of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 such title is 
amended by inserting after the item relating to sec-
tion 403 the following new item: 
‘‘403a. Housing treatment for certain members of the armed forces, and their 
spouses and other dependents, undergoing a permanent change 
of station within the United States.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2018. 
SEC. 557. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF 
DEFENSE FOR CHILDCARE SERVICES PRO-
VIDERS FOR DEPARTMENT CHILD DEVELOP-
MENT CENTERS. 
(a) IN GENERAL.—The Secretary of Defense may, 
without regard to the provisions of subchapter I of chapter 
33 of title 5, United States Code, recruit and appoint quali-
fied childcare services providers to positions within the De-
partment of Defense child development centers. 
(b) REGULATIONS.—The Secretary shall carry out this 
section in accordance with regulations prescribed by the 
Secretary for purposes of this section. 
(c) DEADLINE FOR IMPLEMENTATION.—The Secretary 
shall prescribe the regulations required by subsection (b),
221 
† HR 2810 PAP
and commence implementation of subsection (a), by not 
later than May 1, 2018. 
(d) CHILDCARE SERVICES PROVIDER DEFINED.—In 
this section, the term ‘‘childcare services provider’’ means 
a person who provides childcare services for dependent chil-
dren of members of the Armed Forces and civilian employ-
ees of the Department of Defense in child development cen-
ters on Department installations. 
SEC. 558. REPORT ON EXPANDING AND CONTRACTING FOR 
CHILDCARE SERVICES OF THE DEPARTMENT 
OF DEFENSE. 
Not later than March 1, 2018, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report setting 
forth an assessment, undertaken by the Secretary for pur-
poses of the report, of the feasibility and advisability of the 
following: 
(1) Expanding the operating hours of childcare 
facilities of the Department of Defense in order to 
meet childcare services requirements for swing-shift, 
night-shift, and weekend workers. 
(2) Using contracts with private-sector childcare 
services providers to expand the availability of 
childcare services for members of the Armed Forces at 
locations outside military installations at costs simi-
222 
† HR 2810 PAP
lar to the current costs for childcare services through 
child development centers on military installations. 
(3) Contracting with private-sector childcare 
services providers to operate childcare facilities of the 
Department on military installations. 
(4) Expanding childcare services as described in 
paragraphs (1) through (3) to members of the Na-
tional Guard and Reserves in a manner that does not 
substantially raise costs of childcare services for the 
military departments or conflict with others who have 
a higher priority for space in childcare services pro-
grams, such as members of the Armed Forces on ac-
tive duty. 
SEC. 559. REPORT ON REVIEW OF GENERAL SCHEDULE PAY 
GRADES 
OF 
CHILDCARE 
SERVICES 
PRO-
VIDERS OF THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than March 1, 
2018, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report on a review, undertaken by the Sec-
retary for purposes of the report, of the General Schedule 
pay grades for childcare services provider positions within 
the Department of Defense. 
(b) ELEMENTS OF REVIEW.—The review undertaken 
for purposes of subsection (a) shall include the following:
223 
† HR 2810 PAP
(1) A comparison of the compensation provided 
for current General Schedule pay grades for childcare 
services provider positions within the Department 
with the compensation provided to childcare services 
providers in the private sector providing similar 
childcare services. 
(2) An assessment of the mix of General Schedule 
pay grades currently required by the Department to 
most effectively recruit and retain childcare services 
providers for military dependents. 
(3) A comparison of the budget implications of 
the current General Schedule pay grade mix with the 
General Schedule pay grade mix determined pursuant 
to paragraph (2) to be required by the Department to 
most effectively recruit and retain childcare services 
providers for military dependents. 
SEC. 560. PILOT PROGRAM ON PUBLIC-PRIVATE PARTNER-
SHIPS FOR TELEWORK FACILITIES ON MILI-
TARY INSTALLATIONS OUTSIDE THE UNITED 
STATES. 
(a) IN GENERAL.—Commencing not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Defense shall carry out a pilot program to assess 
the feasability and advisability of providing telework facili-
ties for military spouses on military installations outside
224 
† HR 2810 PAP
the United States. The Secretary shall consult with the host 
nation or nations concerned in carrying out the pilot pro-
gram. 
(b) NUMBER OF INSTALLATIONS.—The Secretary shall 
carry out the pilot program at not less than two military 
installations outside the United States selected by the Sec-
retary for purposes of the pilot program. 
(c) DURATION.—The duration of the pilot program 
shall be a period selected by the Secretary, but not more 
than three years. 
(d) ELEMENTS.—The pilot program shall include the 
following elements: 
(1) The pilot program shall be conducted as one 
or more public-private partnerships between the De-
partment of Defense and a private corporation or 
partnership of private corporations. 
(2) The corporation or corporations partici-
pating in the pilot program shall contribute to the 
carrying out of the pilot program an amount equal 
to the amount committed by the Secretary to the pilot 
program at the time of its commencement. 
(3) The Secretary shall enter into one or more 
memoranda of understanding with the corporation or 
corporations participating in the pilot program for 
purposes of the pilot program, including the amounts
225 
† HR 2810 PAP
to be contributed by such corporation or corporations 
pursuant to paragraph (2). 
(4) The telework undertaken by military spouses 
under the pilot program may only be for United 
States companies. 
(5) The pilot program shall permit military 
spouses to provide administrative, informational tech-
nology, professional, and other necessary support to 
companies through telework from Department instal-
lations outside the United States. 
(e) FUNDING.—Of the amount authorized to be appro-
priated for fiscal year 2018 by section 401 and available 
for military personnel as specified in the funding table in 
section 4401, up to $1,000,000 may be available to carry 
out the pilot program, including entry into memoranda of 
understanding pursuant to subsection (d)(3) and payment 
by the Secretary of the amount committed by the Secretary 
to the pilot program pursuant to subsection (d)(2). 
SEC. 561. REPORT ON MECHANISMS TO FACILITATE THE 
OBTAINING BY MILITARY SPOUSES OF PRO-
FESSIONAL LICENSES OR CREDENTIALS IN 
OTHER STATES. 
Not later than March 1, 2018, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report setting
226 
† HR 2810 PAP
forth an assessment of the feasability and advisability of 
the following: 
(1) The development and maintenance of a joint 
Federal-State clearing house to process the profes-
sional license and credential information of military 
spouses in order— 
(A) to facilitate the matching of such infor-
mation with State professional licensure and 
credentialing requirements; and 
(B) to provide military spouses information 
on the actions required to obtain professional li-
censes or credentials in other States. 
(2) The establishment of a joint Federal-State 
taskforce dedicated to the elimination of unnecessary 
or duplicative professional licensure and credentialing 
requirements among the States. 
(3) The development and maintenance of an 
Internet website that serves as a one-stop resource on 
professional licenses and credentials for military 
spouses that sets forth license and credential require-
ments for common professions in the States and pro-
vides assistance and other resources for military 
spouses seeking to obtain professional licenses or cre-
dentials in other States.
227 
† HR 2810 PAP
SEC. 562. ADDITIONAL MILITARY CHILDCARE MATTERS. 
(a) HOURS OF OPERATION OF CHILDCARE DEVELOP-
MENT CENTERS OF THE DEPARTMENT OF DEFENSE.— 
(1) IN GENERAL.—The hours of operation of each 
childcare development center (CDC) of the Depart-
ment of Defense shall, to the extent practicable, be set 
and maintained in manner that takes into account 
the demands and circumstances of members of the 
Armed Forces, including members of the reserve com-
ponents, who use such center in facilitation of the 
performance of their military duties. 
(2) MATTERS TO BE TAKEN INTO ACCOUNT.—The 
demands and circumstances to be taken into account 
under paragraph (1) for purposes of setting and 
maintaining the hours of operation of a childcare de-
velopment center shall include the following: 
(A) Mission requirements of units whose 
members use such center. 
(B) The unpredictability of work schedules, 
and fluctuations in day-to-day work hours, of 
such members. 
(C) The potential for frequent and pro-
longed absences of such members for training, op-
erations, and deployments. 
(D) The location of such center on the mili-
tary installation concerned, including the loca-
228 
† HR 2810 PAP
tion in connection with duty locations of mem-
bers and applicable military family housing. 
(E) The geographic separation of such mem-
bers from their extended family. 
(F) The impact on the ability of such mem-
bers to perform their military duties of employ-
ment of their spouses or educational pursuits of 
their spouses. 
(G) Such other matters as the Secretary of 
the military department concerned considers ap-
propriate for purposes of this subsection. 
(b) CHILDCARE COORDINATORS
FOR MILITARY IN-
STALLATIONS.— 
(1) CHILDCARE
COORDINATORS.—Each Sec-
retary of a military department shall provide for a 
childcare coordinator at each military installation 
under the jurisdiction of such Secretary at which are 
stationed significant numbers of members of the 
Armed Forces with accompanying dependent children, 
as determined by such Secretary. 
(2) NATURE OF POSITION.—The childcare coordi-
nator for a military installation may be an indi-
vidual appointed to that position on full-time or 
part-time basis or an individual appointed to another 
position whose duties in such other position are con-
229 
† HR 2810 PAP
sistent with the discharge by the person of the duties 
of childcare coordinator. 
(3) DUTIES.—Each childcare coordinator for an 
installation shall carry out the duties as follows: 
(A) Act as an advocate for military families 
at the installation on childcare matters both on- 
installation and off-installation. 
(B) Work with the commander of the instal-
lation in order to seek to ensure that the 
childcare development centers at the installation, 
together with any other available childcare op-
tions on or in the vicinity of the installation— 
(i) provide a quality of care (including 
a caregiver-to-child ratio) commensurate 
with best practices of private providers of 
childcare services; and 
(ii) are responsive to the childcare 
needs of members stationed at the installa-
tion and their families. 
(C) 
Work 
with 
private 
providers 
of 
childcare services in the vicinity of the installa-
tion in order to— 
(i) track vacancies in the childcare fa-
cilities of such providers;
230 
† HR 2810 PAP
(ii) seek to increase the availability of 
affordable childcare services for such mem-
bers; and 
(iii) otherwise ease the use of such serv-
ices by such members. 
(D) Such other duties as the Secretary of 
the military department concerned shall specify. 
SEC. 563. MECHANISMS TO FACILITATE THE OBTAINING BY 
MILITARY SPOUSES OF OCCUPATIONAL LI-
CENSES OR CREDENTIALS IN OTHER STATES. 
Not later than March 1, 2018, the Secretary of Defense 
shall— 
(1) develop and maintain a joint Federal-State 
clearing house to process the occupational license and 
credential information of military spouses in order— 
(A) to facilitate the matching of such infor-
mation with State occupational licensure and 
credentialing requirements; and 
(B) to provide military spouses information 
on the actions required to obtain occupational li-
censes or credentials in other States; 
(2) develop and maintain an Internet website 
that serves as a one-stop resource on occupational li-
censes and credentials for military spouses that sets 
forth license and credential requirements for common
231 
† HR 2810 PAP
occupations in the States and provides assistance and 
other resources for military spouses seeking to obtain 
occupational licenses or credentials in other States; 
and 
(3) submit to the Committees on Armed Services 
of the Senate and the House of Representatives a re-
port setting forth an assessment of the feasibility and 
advisability of the establishment of a joint Federal- 
State task force dedicated to the elimination of unnec-
essary or duplicative occupational licensure and 
credentialing requirements among the States, includ-
ing through the use of alternative, less restrictive and 
burdensome forms of occupational regulation. 
Subtitle G—Decorations and 
Awards 
SEC. 571. AUTHORITY OF SECRETARY OF THE ARMY TO 
AWARD 
THE 
PERSONNEL 
PROTECTION 
EQUIPMENT 
AWARD 
OF 
THE 
ARMY 
TO 
FORMER MEMBERS OF THE ARMY. 
Notwithstanding any requirement in section 1125 of 
title 10, United States Code, relating to the award of 
awards only to current members of the Armed Forces, the 
Secretary of the Army may award the Personnel Protection 
Equipment (PPE) award of the Army to former members 
of the Army.
232 
† HR 2810 PAP
SEC. 572. AUTHORIZATION FOR AWARD OF DISTINGUISHED 
SERVICE CROSS TO SPECIALIST FRANK M. 
CRARY FOR ACTS OF VALOR IN VIETNAM. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the President may award the Distinguished 
Service Cross under section 3742 of such title to Specialist 
Frank M. Crary for the acts of valor in Vietnam described 
in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Frank M. 
Crary on April 7, 1966, as a member of the Army serving 
in the grade of Specialist in Vietnam while serving with 
Company D, 1st Battalion (Airborne), 12th Cavalry Regi-
ment, 1st Cavalry Division. 
Subtitle H—Other Matters 
SEC. 581. MODIFICATION OF SUBMITTAL DATE OF COMP-
TROLLER GENERAL OF THE UNITED STATES 
REPORT ON INTEGRITY OF THE DEPARTMENT 
OF DEFENSE WHISTLEBLOWER PROGRAM. 
Section 536(a) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2124) is amended by striking ‘‘18 months after the date
233 
† HR 2810 PAP
of the enactment of this Act’’ and inserting ‘‘December 31, 
2018’’. 
SEC. 582. REPORT TO CONGRESS ON ACCOMPANIED AND 
UNACCOMPANIED TOURS OF DUTY IN RE-
MOTE LOCATIONS WITH HIGH FAMILY SUP-
PORT COSTS. 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report setting forth a com-
parative analysis, undertaken by the Secretary for purposes 
of the report, of accompanied tours of duty and unaccom-
panied tours of duty of members of the Armed Forces in 
remote locations with high family support costs (including 
facility construction and operation costs), including the fol-
lowing: 
(1) United States Naval Station, Guantanamo 
Bay, Cuba. 
(2) Kwajalein Atoll. 
(3) Al Udeid Air Base, Qatar. 
SEC. 583. AUTHORIZATION OF SUPPORT FOR BEYOND YEL-
LOW RIBBON PROGRAMS. 
Section 582 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
10101 note) is amended—
234 
† HR 2810 PAP
(1) by redesignating subsections (k) and (l) as 
subsections (l) and (m), respectively; and 
(2) by inserting after subsection (j) the following 
new subsection (k): 
‘‘(k) SUPPORT FOR BEYOND YELLOW RIBBON PRO-
GRAMS.—The Secretary of Defense may award grants to 
States to carry out programs that provide deployment cycle 
information, services, and referrals to members of reserve 
components of the Armed Forces, members of active compo-
nents of the Armed Forces, and the families of such members 
throughout the deployment cycle. Such programs may in-
clude the provision of access to outreach services, including 
the following: 
‘‘(1) Employment counseling. 
‘‘(2) Behavioral health counseling. 
‘‘(3) Suicide prevention. 
‘‘(4) Housing advocacy. 
‘‘(5) Financial counseling. 
‘‘(6) Referrals to for the receipt of other serv-
ices.’’.
235 
† HR 2810 PAP
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2018 INCREASE IN MILITARY BASIC 
PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2018 re-
quired by section 1009 of title 37, United States Code, in 
the rates of monthly basic pay authorized members of the 
uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY.—Effective on January 
1, 2018, the rates of monthly basic pay for members of the 
uniformed services are increased by 2.1 percent. 
SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEM-
PORARY INCREASE IN RATES OF BASIC AL-
LOWANCE FOR HOUSING UNDER CERTAIN 
CIRCUMSTANCES. 
Section 403(b)(7)(E) of title 37, United States Code, 
is amended by striking ‘‘December 31, 2017’’ and inserting 
‘‘December 31, 2018’’.
236 
† HR 2810 PAP
SEC. 603. ADJUSTMENT TO BASIC ALLOWANCE FOR HOUS-
ING AT WITH DEPENDENTS RATE OF CERTAIN 
MEMBERS OF THE UNIFORMED SERVICES. 
(a) IN GENERAL.—Section 403 of title 37, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(p) INELIGIBILITY FOR WITH DEPENDENTS RATE OF 
CERTAIN MEMBERS.—A member who is married to another 
member, is assigned to the same geographic location as such 
other member, and has one or more dependent children with 
such other member is not eligible for a basic allowance for 
housing at the with dependents rate.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendment made by sub-
section (a) shall take effect on October 1, 2017, and 
shall, except as provided in paragraph (2), apply 
with respect to allowances for basic housing payable 
for months beginning on or after that date. 
(2) PRESERVATION OF CURRENT BAH FOR MEM-
BERS WITH UNINTERRUPTED ELIGIBILITY FOR BAH.— 
Notwithstanding the amendment made by subsection 
(a), the monthly amount of basic allowance for hous-
ing payable to a member of the uniformed services 
under section 403 of title 37, United States Code, as 
of September 30, 2017, shall not be reduced by reason 
of the amendment so long as the member retains un-
237 
† HR 2810 PAP
interrupted eligibility for such basic allowance for 
housing within an area of the United States or with-
in an overseas location (as applicable). 
SEC. 604. MODIFICATION OF AUTHORITY OF PRESIDENT TO 
DETERMINE ALTERNATIVE PAY ADJUSTMENT 
IN ANNUAL BASIC PAY OF MEMBERS OF THE 
UNIFORMED SERVICES. 
(a) MODIFICATION.—Section 1009(e) of title 37, 
United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘or serious eco-
nomic conditions affecting the general welfare’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraph (3) as para-
graph (2). 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act, and— 
(1) if the date of the enactment of this Act occurs 
before September 1 of a year, shall apply with respect 
to plans for alternative pay adjustments for any year 
beginning after such year; and 
(2) if the date of the enactment of this Act occurs 
after August 31 of a year, shall apply with respect to 
plans for alternative pay adjustments for any year 
beginning after the year following such year.
238 
† HR 2810 PAP
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR RESERVE 
FORCES. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2017’’ and insert-
ing ‘‘December 31, 2018’’: 
(1) Section 308b(g), relating to Selected Reserve 
reenlistment bonus. 
(2) Section 308c(i), relating to Selected Reserve 
affiliation or enlistment bonus. 
(3) Section 308d(c), relating to special pay for 
enlisted members assigned to certain high-priority 
units. 
(4) Section 308g(f)(2), relating to Ready Reserve 
enlistment bonus for persons without prior service. 
(5) Section 308h(e), relating to Ready Reserve 
enlistment and reenlistment bonus for persons with 
prior service. 
(6) Section 308i(f), relating to Selected Reserve 
enlistment and reenlistment bonus for persons with 
prior service.
239 
† HR 2810 PAP
(7) Section 478a(e), relating to reimbursement of 
travel expenses for inactive-duty training outside of 
normal commuting distance. 
(8) Section 910(g), relating to income replace-
ment payments for reserve component members expe-
riencing extended and frequent mobilization for active 
duty service. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR HEALTH 
CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections 
of title 10, United States Code, are amended by striking 
‘‘December 31, 2017’’ and inserting ‘‘December 31, 2018’’: 
(1) Section 2130a(a)(1), relating to nurse officer 
candidate accession program. 
(2) Section 16302(d), relating to repayment of 
education loans for certain health professionals who 
serve in the Selected Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections of 
title 37, United States Code, are amended by striking ‘‘De-
cember 31, 2017’’ and inserting ‘‘December 31, 2018’’: 
(1) Section 302c–1(f), relating to accession and 
retention bonuses for psychologists. 
(2) Section 302d(a)(1), relating to accession 
bonus for registered nurses.
240 
† HR 2810 PAP
(3) Section 302e(a)(1), relating to incentive spe-
cial pay for nurse anesthetists. 
(4) Section 302g(e), relating to special pay for 
Selected Reserve health professionals in critically 
short wartime specialties. 
(5) Section 302h(a)(1), relating to accession 
bonus for dental officers. 
(6) Section 302j(a), relating to accession bonus 
for pharmacy officers. 
(7) Section 302k(f), relating to accession bonus 
for medical officers in critically short wartime spe-
cialties. 
(8) Section 302l(g), relating to accession bonus 
for dental specialist officers in critically short war-
time specialties. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2017’’ and insert-
ing ‘‘December 31, 2018’’: 
(1) Section 312(f), relating to special pay for 
nuclear-qualified officers extending period of active 
service.
241 
† HR 2810 PAP
(2) Section 312b(c), relating to nuclear career 
accession bonus. 
(3) Section 312c(d), relating to nuclear career 
annual incentive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO TITLE 37 CONSOLIDATED SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORI-
TIES. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2017’’ and insert-
ing ‘‘December 31, 2018’’: 
(1) Section 331(h), relating to general bonus au-
thority for enlisted members. 
(2) Section 332(g), relating to general bonus au-
thority for officers. 
(3) Section 333(i), relating to special bonus and 
incentive pay authorities for nuclear officers. 
(4) Section 334(i), relating to special aviation 
incentive pay and bonus authorities for officers. 
(5) Section 335(k), relating to special bonus and 
incentive pay authorities for officers in health profes-
sions. 
(6) Section 336(g), relating to contracting bonus 
for cadets and midshipmen enrolled in the Senior Re-
serve Officers’ Training Corps.
242 
† HR 2810 PAP
(7) Section 351(h), relating to hazardous duty 
pay. 
(8) Section 352(g), relating to assignment pay or 
special duty pay. 
(9) Section 353(i), relating to skill incentive pay 
or proficiency bonus. 
(10) Section 355(h), relating to retention incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER TITLE 37 BO-
NUSES AND SPECIAL PAYS. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2017’’ and insert-
ing ‘‘December 31, 2018’’: 
(1) Section 301b(a), relating to aviation officer 
retention bonus. 
(2) Section 307a(g), relating to assignment in-
centive pay. 
(3) Section 308(g), relating to reenlistment 
bonus for active members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 316a(g), relating to incentive pay for 
members of precommissioning programs pursuing for-
eign language proficiency.
243 
† HR 2810 PAP
(6) Section 324(g), relating to accession bonus 
for new officers in critical skills. 
(7) Section 326(g), relating to incentive bonus 
for conversion to military occupational specialty to 
ease personnel shortage. 
(8) Section 327(h), relating to incentive bonus 
for transfer between Armed Forces. 
(9) Section 330(f), relating to accession bonus for 
officer candidates. 
SEC. 616. AVIATION BONUS MATTERS. 
Section 334(c) of title 37, United States Code, is 
amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) BUSINESS CASE FOR PAYMENT OF AVIATION 
BONUS AMOUNTS.— 
‘‘(A) IN
GENERAL.—The amount of the 
aviation bonus payable under paragraph (1)(B) 
under agreements entered into under subsection 
(d) during a fiscal year shall be determined sole-
ly through a business case analysis of the 
amount required to be paid under such agree-
ments in order to address anticipated manning
244 
† HR 2810 PAP
shortfalls for such fiscal year by aircraft type 
category. 
‘‘(B) 
BUDGET
JUSTIFICATION
DOCU-
MENTS.—The budget justification documents in 
support of the budget of the President for a fiscal 
year (as submitted to Congress pursuant to sec-
tion 1105 of title 31) shall set forth for each uni-
formed service the following: 
‘‘(i) The amount requested for the pay-
ment of aviation bonuses under this section 
using amounts authorized to be appro-
priated for the fiscal year concerned by air-
craft type category. 
‘‘(ii) The business case analysis sup-
porting the amount so requested by aircraft 
type category. 
‘‘(iii) For each aircraft type category, 
whether or not the amount requested will 
permit the payment during the fiscal year 
concerned of the maximum amount of the 
aviation bonus authorized by paragraph 
(1). 
‘‘(iv) If any amount requested is to ad-
dress manning shortfalls, a description of 
any plans of the Secretary concerned to ad-
245 
† HR 2810 PAP
dress such shortfalls by non-monetary 
means. 
‘‘(3) TIERED LIMITATION ON MAXIMUM AMOUNT 
OF AVIATION BONUS.— 
‘‘(A) IN GENERAL.—The maximum amount 
of the aviation bonus payable under paragraph 
(1)(B) under agreements entered into under sub-
section (d) during a fiscal year shall vary by an-
ticipated manning shortfalls for such fiscal year 
by aircraft type category. The variance shall be 
stated by tier correlating maximum bonus 
amounts with anticipated manning and reten-
tion levels, as follows: 
‘‘(i) 
Maximum 
amount 
payable 
(known as ‘Tier I’) is the amount specified 
for the fiscal year concerned by paragraph 
(1)(B) and is payable under agreements for 
duty by aircraft type category in which— 
‘‘(I) the projected manning level 
for the fiscal year does not exceed 90 
percent of the required manning level; 
or 
‘‘(II) the two-year retention trend 
for personnel performing such duty 
does not exceed 50 percent.
246 
† HR 2810 PAP
‘‘(ii) 
Maximum 
amount 
payable 
(known as ‘Tier II’) is an amount equal to 
68 percent of the amount specified for the 
fiscal year concerned by paragraph (1)(B) 
and is payable under agreements for duty 
by aircraft type category in which— 
‘‘(I) the projected manning level 
for the fiscal year is between 90 and 95 
percent of the required manning level; 
or 
‘‘(II) the two-year retention trend 
for personnel performing such duty is 
between 50 and 55 percent. 
‘‘(iii) 
Maximum 
amount 
payable 
(known as ‘Tier III’) is an amount equal to 
34 percent of the amount specified for the 
fiscal year concerned by paragraph (1)(B) 
and is payable under agreements for duty 
by aircraft type category in which— 
‘‘(I) the projected manning level 
for the fiscal year is between 95 and 
100 percent of the required manning 
level; or
247 
† HR 2810 PAP
‘‘(II) the two-year retention trend 
for personnel performing such duty is 
between 55 and 65 percent. 
‘‘(iv) 
Maximum 
amount 
payable 
(known as ‘Tier IV’) is zero for duty by air-
craft type category in which— 
‘‘(I) the projected manning level 
for the fiscal year is 100 percent or 
more of the required manning level; or 
‘‘(II) the two-year retention trend 
for personnel performing such duty ex-
ceeds 65 percent. 
‘‘(B) LIMITATION
ON
TOTAL
NUMBER
OF 
AGREEMENTS
PROVIDING
FOR
TIER
I
PAY-
MENT.—In no event may all the agreements en-
tered into under subsection (d) during a fiscal 
year by a Secretary concerned provide for a 
maximum amount payable as described in sub-
paragraph (A)(i).’’. 
SEC. 617. SPECIAL AVIATION INCENTIVE PAY AND BONUS 
AUTHORITIES FOR ENLISTED MEMBERS WHO 
PILOT REMOTELY PILOTED AIRCRAFT. 
(a) IN GENERAL.—Chapter 5 of title 37, United States 
Code, is amended by inserting after section 334 the fol-
lowing new section:
248 
† HR 2810 PAP
‘‘§ 334a. Special aviation incentive pay and bonus au-
thorities: enlisted members who pilot re-
motely piloted aircraft 
‘‘(a) AVIATION INCENTIVE PAY.— 
‘‘(1) INCENTIVE
PAY
AUTHORIZED.—The Sec-
retary concerned may pay aviation incentive pay 
under this section to an enlisted member in a regular 
or reserve component of a uniformed service who— 
‘‘(A) is entitled to basic pay under section 
204 of this title or compensation under 206 of 
this title; 
‘‘(B) is designated as a remotely piloted 
aircraft pilot, or is in training leading to such 
a designation; 
‘‘(C) engages in, or is in training leading 
to, frequent and regular performance of oper-
ational flying duty or proficiency flying duty; 
‘‘(D) engages in or remains in aviation 
service for a specified period; and 
‘‘(E) meets such other criteria as the Sec-
retary concerned determines appropriate. 
‘‘(2) ENLISTED MEMBERS NOT CURRENTLY EN-
GAGED IN FLYING DUTY.—The Secretary concerned 
may pay aviation incentive pay under this section to 
an enlisted member who is otherwise qualified for 
such pay but who is not currently engaged in the per-
249 
† HR 2810 PAP
formance of operational flying duty or proficiency 
flying duty if the Secretary determines, under regula-
tions prescribed under section 374 of this title, that 
payment of aviation pay to that enlisted member is 
in the best interests of the service. 
‘‘(b) AVIATION BONUS.—The Secretary concerned may 
pay an aviation bonus under this section to an enlisted 
member in a regular or reserve component of a uniformed 
service who— 
‘‘(1) is entitled to aviation incentive pay under 
subsection (a); 
‘‘(2) is within one year of completing the mem-
ber’s enlistment; 
‘‘(3) reenlists or voluntarily extends the mem-
ber’s enlistment for a period of at least one year or, 
in the case of an enlisted member serving pursuant to 
an indefinite reenlistment, executes a written agree-
ment to remain on active duty for a period of at least 
one year or to remain in an active status in a reserve 
component for a period of at least one year; and 
‘‘(4) meets such other criteria as the Secretary 
concerned determines appropriate. 
‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary con-
cerned shall determine the amount of a bonus or in-
250 
† HR 2810 PAP
centive pay to be paid under this section, except 
that— 
‘‘(A) aviation incentive pay under sub-
section (a) shall be paid at a monthly rate not 
to exceed $1,000 per month; and 
‘‘(B) an aviation bonus under subsection (b) 
may not exceed $35,000 for each 12-month pe-
riod of obligated service agreed to under sub-
section (d). 
‘‘(2) BUSINESS CASE FOR PAYMENT OF AVIATION 
BONUS AMOUNTS.— 
‘‘(A) IN
GENERAL.—The amount of the 
aviation bonus payable under paragraph (1)(B) 
under agreements entered into under subsection 
(d) during a fiscal year shall be determined sole-
ly through a business case analysis of the 
amount required to be paid under such agree-
ments in order to address anticipated manning 
shortfalls for such fiscal year by aircraft type 
category. 
‘‘(B) 
BUDGET
JUSTIFICATION
DOCU-
MENTS.—The budget justification documents in 
support of the budget of the President for a fiscal 
year (as submitted to Congress pursuant to sec-
251 
† HR 2810 PAP
tion 1105 of title 31) shall set forth for each uni-
formed service the following: 
‘‘(i) The amount requested for the pay-
ment of aviation bonuses under this section 
using amounts authorized to be appro-
priated for the fiscal year concerned by air-
craft type category. 
‘‘(ii) The business case analysis sup-
porting the amount so requested by aircraft 
type category. 
‘‘(iii) For each aircraft type category, 
whether or not the amount requested will 
permit the payment during the fiscal year 
concerned of the maximum amount of the 
aviation bonus authorized by paragraph 
(1). 
‘‘(iv) If any amount requested is to ad-
dress manning shortfalls, a description of 
any plans of the Secretary concerned to ad-
dress such shortfalls by non-monetary 
means. 
‘‘(3) LUMP SUM OR INSTALLMENTS.—A bonus 
under this section may be paid in a lump sum or in 
periodic installments, as determined by the Secretary 
concerned.
252 
† HR 2810 PAP
‘‘(4) FIXING BONUS AMOUNT.—Upon acceptance 
by the Secretary concerned of the written agreement 
required by subsection (d), the total amount of the 
bonus to be paid under the agreement shall be fixed. 
‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive 
an aviation bonus under this section, an enlisted member 
determined to be eligible for the bonus shall enter into a 
written agreement with the Secretary concerned that speci-
fies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under 
subsection (c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RESERVE COMPONENT ENLISTED MEMBERS PER-
FORMING INACTIVE DUTY TRAINING.—An enlisted member 
of reserve component who is entitled to compensation under 
section 206 of this title and who is authorized aviation in-
centive pay under this section may be paid an amount of 
incentive pay that is proportionate to the compensation re-
ceived under section 206 of this title for inactive-duty train-
ing. 
‘‘(f) RELATIONSHIP
TO OTHER PAY
AND ALLOW-
ANCES.—
253 
† HR 2810 PAP
‘‘(1) AVIATION INCENTIVE PAY.—Aviation incen-
tive pay paid to an enlisted member under subsection 
(a) shall be in addition to any other pay and allow-
ance to which the enlisted member is entitled, except 
that an enlisted member may not receive a payment 
under such subsection and section 351(a)(2) or 353(a) 
of this title for the same skill and period of service. 
‘‘(2) AVIATION BONUS.—An aviation bonus paid 
to an enlisted member under subsection (b) shall be 
in addition to any other pay and allowance to which 
the enlisted member is entitled, except that an enlisted 
member may not receive a bonus payment under such 
subsection and section 331 or 353(b) of this title for 
the same skill and period of service. 
‘‘(g) REPAYMENT.—An enlisted member who receives 
aviation incentive pay or an aviation bonus under this sec-
tion and who fails to fulfill the eligibility requirements for 
the receipt of the incentive pay or bonus or complete the 
period of service for which the incentive pay or bonus is 
paid, as specified in the written agreement under subsection 
(d) in the case of a bonus, shall be subject to the repayment 
provisions of section 373 of this title. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) AVIATION
SERVICE.—The term ‘aviation 
service’ means participation in aerial flight per-
254 
† HR 2810 PAP
formed, under regulations prescribed by the Secretary 
concerned, by an eligible enlisted member remotely pi-
loted aircraft pilot. 
‘‘(2) OPERATIONAL
FLYING
DUTY.—The term 
‘operational flying duty’ means flying performed 
under competent orders by enlisted members of the 
regular or reserve components while serving in assign-
ments in which basic flying skills are normally main-
tained in the performance of assigned duties as deter-
mined by the Secretary concerned, and flying duty 
performed by members in training that leads to des-
ignation as a remotely piloted aircraft pilot by the 
Secretary concerned. 
‘‘(3) PROFICIENCY
FLYING
DUTY.—The term 
‘proficiency flying duty’ means flying performed 
under competent orders by enlisted members of the 
regular or reserve components while serving in assign-
ments in which such skills would normally not be 
maintained in the performance of assigned duties. 
‘‘(i) TERMINATION
OF AUTHORITY.—No agreement 
may be entered into under this section after December 31, 
2018.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 5 of such title is amended by in-
255 
† HR 2810 PAP
serting after the item relating to section 334 the following 
new item: 
‘‘334a. Special aviation incentive pay and bonus authorities: enlisted members 
who pilot remotely piloted aircraft.’’. 
SEC. 618. TECHNICAL AND CONFORMING AMENDMENTS RE-
LATING TO 2008 CONSOLIDATION OF SPECIAL 
PAY AUTHORITIES. 
(a) REPAYMENT PROVISIONS.— 
(1) TITLE 10.—The following provisions of title 
10, United States Code, are each amended by insert-
ing ‘‘or 373’’ before ‘‘of title 37’’: 
(A) Section 510(i). 
(B) Subsections (a)(3) and (c) of section 
2005. 
(C) Paragraphs (1) and (2) of section 
2007(e). 
(D) Section 2105. 
(E) Section 2123(e)(1)(C). 
(F) Section 2128(c). 
(G) Section 2130a(d). 
(H) Section 2171(g). 
(I) Section 2173(g)(2). 
(J) Paragraphs (1) and (2) of section 
2200a(e). 
(K) Section 4348(f). 
(L) Section 6959(f).
256 
† HR 2810 PAP
(M) Section 9348(f). 
(N) Subsections (a)(2) and (b) of section 
16135. 
(O) Section 16203(a)(1)(B). 
(P) Section 16301(h). 
(Q) Section 16303(d). 
(R) Paragraphs (1) and (2) of section 
16401(f). 
(2) TITLE 14.—Section 182(g) of title 14, United 
States Code, is amended by inserting ‘‘or 373’’ before 
‘‘of title 37’’. 
(b) OFFICERS APPOINTED PURSUANT TO AN AGREE-
MENT UNDER SECTION 329 OF TITLE 37.—Section 641 of 
title 10, United States Code, is amended by striking para-
graph (6). 
(c) REENLISTMENT LEAVE.—The matter preceding 
paragraph (1) of section 703(b) of title 10, United States 
Code, is amended by inserting ‘‘or paragraph (1) or (3) 
of section 351(a)’’ after ‘‘section 310(a)(2)’’. 
(d) REST AND RECUPERATION ABSENCE FOR QUALI-
FIED MEMBERS EXTENDING DUTY AT DESIGNATED LOCA-
TION OVERSEAS.—The matter following paragraph (4) of 
section 705(a) of title 10, United States Code, is amended 
by inserting ‘‘or 352’’ after ‘‘section 314’’.
257 
† HR 2810 PAP
(e) REST AND RECUPERATION ABSENCE FOR CERTAIN 
MEMBERS UNDERGOING EXTENDED DEPLOYMENT TO COM-
BAT ZONE.—Section 705a(b)(1)(B) of title 10, United 
States Code, is amended by inserting ‘‘or 352(a)’’ after ‘‘sec-
tion 305’’. 
(f) ADDITIONAL INCENTIVES FOR HEALTH PROFES-
SIONALS
OF
THE INDIAN HEALTH SERVICE.—Section 
116(a) of the Indian Health Care Improvement Act (25 
U.S.C. 1616i(a)) is amended by inserting ‘‘or 335(b)’’ after 
‘‘section 302(b)’’. 
(g) MILITARY PAY AND ALLOWANCES CONTINUANCE 
WHILE IN A MISSING STATUS.—Section 552(a)(2) of title 
37, United States Code, is amended by inserting ‘‘or section 
351(a)(2)’’ after ‘‘section 301’’. 
(h) MILITARY PAY AND ALLOWANCES.—Section 907(d) 
of title 37, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by inserting ‘‘or 
351’’ after ‘‘section 301’’; 
(B) in subparagraph (B), by inserting ‘‘or 
352’’ after ‘‘section 301c’’; 
(C) in subparagraph (C), by inserting ‘‘or 
353(a)’’ after ‘‘section 304’’; 
(D) in subparagraph (D), by inserting ‘‘or 
352’’ after ‘‘section 305’’;
258 
† HR 2810 PAP
(E) in subparagraph (E), by inserting ‘‘or 
352’’ after ‘‘section 305a’’; 
(F) in subparagraph (F), by inserting ‘‘or 
352’’ after ‘‘section 305b’’; 
(G) in subparagraph (G), by inserting ‘‘or 
352’’ after ‘‘section 307a’’; 
(H) in subparagraph (I), by inserting ‘‘or 
352’’ after ‘‘section 314’’; 
(I) in subparagraph (J), by striking ‘‘316’’ 
and inserting ‘‘353(b)’’; and 
(J) in subparagraph (K), by striking ‘‘323’’ 
and inserting ‘‘section 355’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by inserting ‘‘or 
352’’ after ‘‘section 307’’; 
(B) in subparagraph (B), by striking ‘‘308’’ 
and inserting ‘‘331’’; 
(C) in subparagraph (C), by striking ‘‘309’’ 
and inserting ‘‘331’’; and 
(D) in subparagraph (D), by inserting ‘‘or 
353’’ after ‘‘section 320’’. 
(i) PAY AND ALLOWANCES OF OFFICERS OF THE PUB-
LIC HEALTH SERVICE.—Section 208(a)(2) of the Public 
Health Service Act (42 U.S.C. 210(a)(2)) is amended by 
inserting ‘‘or 373’’ after ‘‘303a(b)’’.
259 
† HR 2810 PAP
Subtitle C—Disability Pay, Retired 
Pay, and Survivor Benefits 
PART I—AMENDMENTS IN CONNECTION WITH 
RETIRED PAY REFORM 
SEC. 631. ADJUSTMENTS TO SURVIVOR BENEFIT PLAN FOR 
MEMBERS ELECTING LUMP SUM PAYMENTS 
OF RETIRED PAY UNDER THE MODERNIZED 
RETIREMENT SYSTEM FOR MEMBERS OF THE 
UNIFORMED SERVICES. 
(a) 
DEFINITION
OF
BASE
AMOUNT.—Section 
1447(6)(A) of title 10, United States Code, is amended in 
the matter preceding clause (i) by inserting ‘‘or 
1415(b)(1)(B)’’ after ‘‘section 1409(b)(2)’’. 
(b) COORDINATION WITH REDUCTIONS IN RETIRED 
PAY.—Section 1452 of such title is amended— 
(1) in subsection (a)(1), by inserting ‘‘, other 
than retired pay received as a lump sum under sec-
tion 1415(b)(1)(A) of this title,’’ in the matter pre-
ceding subparagraph (A) after ‘‘, the retired pay’’; 
(2) in subsection (b)(1), by inserting ‘‘, other 
than retired pay received as a lump sum under sec-
tion 1415(b)(1)(A) of this title,’’ after ‘‘The retired 
pay’’; and 
(3) in subsection (c)—
260 
† HR 2810 PAP
(A) in paragraph (1), by inserting ‘‘, other 
than retired pay received as a lump sum under 
section 1415(b)(1)(A) of this title,’’ after ‘‘The re-
tired pay’’; and 
(B) in paragraph (4), by inserting ‘‘or 
1415(b)(1)(B)’’ after ‘‘section 1409(b)(2)’’. 
SEC. 632. TECHNICAL CORRECTION REGARDING ELECTION 
TO PARTICIPATE IN MODERNIZED RETIRE-
MENT SYSTEM FOR RESERVE COMPONENT 
MEMBERS EXPERIENCING A BREAK IN SERV-
ICE. 
(a) PERSONS EXPERIENCING A BREAK IN SERVICE.— 
Section 12739(f)(2)(B)(iii) of title 10, United States Code, 
is amended by striking ‘‘on the date of the reentry’’ and 
inserting ‘‘within 30 days after the date of the reentry’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on January 1, 2018, imme-
diately after the coming into effect of the amendment made 
by section 631(b) of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 843), 
to which the amendment made by subsection (a) relates.
261 
† HR 2810 PAP
SEC. 633. PROMOTION OF FINANCIAL LITERACY CON-
CERNING RETIREMENT AMONG MEMBERS OF 
THE ARMED FORCES. 
(a) PROGRAMS FOR PROMOTION REQUIRED.—The Sec-
retary of Defense shall develop programs of financial lit-
eracy for members of the Armed Forces to assist members 
in better understanding retirement options and planning 
for retirement. 
(b) INFORMATION ON COMPARATIVE VALUE OF LUMP 
SUM AND MONTHLY PAYMENTS OF RETIRED PAY WITH 
CONVENTIONAL RETIRED PAY.—The Secretary of Defense 
shall develop information to be provided to members of the 
Armed Forces who are eligible to make the election provided 
for in subsection (b)(1) of section 1415 of title 10, United 
States Code, to assist such members in making an informed 
comparison for purposes of the election between the fol-
lowing: 
(1) The value of the lump sum payment of re-
tired pay and monthly payments provided for in such 
subsection (b)(1) by reason of the election, including 
the manner in which the lump sum and such monthly 
payments are determined for any particular member. 
(2) The value of retired pay payable under sub-
section (d) of such section in the absence of the elec-
tion, including the manner in which such retired pay 
is determined for any particular member.
262 
† HR 2810 PAP
PART II—OTHER MATTERS 
SEC. 636. AUTHORITY FOR THE SECRETARIES OF THE MILI-
TARY DEPARTMENTS TO PROVIDE FOR CARE 
OF REMAINS OF THOSE WHO DIE ON ACTIVE 
DUTY AND ARE INTERRED IN A FOREIGN 
CEMETERY. 
Section 1482(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(10) In the case of a decedent under the juris-
diction of a Secretary of a military department at the 
time of death, enduring care of remains interred in 
a foreign cemetery if the burial location was des-
ignated by such Secretary.’’. 
SEC. 637. TECHNICAL CORRECTIONS TO USE OF MEMBER’S 
CURRENT PAY GRADE AND YEARS OF SERV-
ICE IN A DIVISION OF PROPERTY INVOLVING 
DISPOSABLE RETIRED PAY. 
(a) IN GENERAL.—Section 1408 of title 10, United 
States Code, is amended— 
(1) in subsection (a)(4)— 
(A) in the matter preceding clause (i) of 
subparagraph (A), by striking ‘‘(as determined 
pursuant to subparagraph (B)’’; and 
(B) by striking subparagraph (B) and in-
serting the following new subparagraph (B):
263 
† HR 2810 PAP
‘‘(B) For purposes of subparagraph (A), in the 
case of a division of property as part of a final decree 
of divorce, dissolution, annulment, or legal separation 
that becomes final prior to the date of a member’s re-
tirement, the total monthly retired pay to which the 
member is entitled shall be— 
‘‘(i) in the case of a member not described 
in clause (ii), the amount of retired pay to 
which the member would have been entitled using 
the member’s retired pay base and years of serv-
ice on the date of the decree of divorce, dissolu-
tion, annulment, or legal separation, as com-
puted under section 1406 or 1407 of this title, 
whichever is applicable, increased by the sum of 
the cost-of-living adjustments that— 
‘‘(I) would have occurred under section 
1401a(b) of this title between the date of the 
decree of divorce, dissolution, annulment, or 
legal separation and the time of the mem-
ber’s retirement using the adjustment provi-
sions under section 1401a of this title appli-
cable to the member upon retirement; and 
‘‘(II) occur under 1401a of this title 
after the member’s retirement; or
264 
† HR 2810 PAP
‘‘(ii) in the case of a member who becomes 
entitled to retired pay pursuant to chapter 1223 
of this title, the amount of retired pay to which 
the member would have been entitled using the 
member’s retired pay base and creditable service 
points on the date of the decree of divorce, dis-
solution, annulment, or legal separation, as com-
puter under chapter 1223 of this title, increased 
by the sum of the cost-of-living adjustments as 
described in clause (i) that apply with respect to 
the member.’’; and 
(2) in subsection (d), by adding at the end the 
following new paragraph: 
‘‘(8) A division of property award computed as a per-
centage of a member’s disposable retired pay shall be in-
creased by the same percentage as any cost-of-living adjust-
ment made under section 1401a after the member’s retire-
ment.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on December 23, 2016, as if en-
acted immediately following the enactment of the National 
Defense Authorization Act for Fiscal Year 2017 (Public 
Law 114–328) to which such amendments relate. 
(c) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to any division of prop-
265 
† HR 2810 PAP
erty as part of a final decree of divorce, dissolution, annul-
ment, or legal separation involving a member of the Armed 
Forces to which section 1408 of title 10, United States Code, 
applies that becomes final after December 23, 2016. 
SEC. 638. PERMANENT EXTENSION AND COST-OF-LIVING 
ADJUSTMENTS OF SPECIAL SURVIVOR IN-
DEMNITY ALLOWANCES UNDER THE SUR-
VIVOR BENEFIT PLAN. 
Section 1450(m) of title 10, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) in subparagraph (H), by striking 
‘‘and’’ at the end; and 
(B) by striking subparagraph (I) and in-
serting the following new subparagraphs: 
‘‘(I) for months from October 2016 through 
December 2018, $310; and 
‘‘(J) for months during any calendar year 
after 2018, the amount determined in accordance 
with paragraph (6).’’; and 
(2) by striking paragraph (6) and inserting the 
following new paragraph (6): 
‘‘(6) 
COST-OF-LIVING
ADJUSTMENTS
AFTER 
2018.—
266 
† HR 2810 PAP
‘‘(A) IN GENERAL.—The amount of the al-
lowance payable under paragraph (1) for months 
during any calendar year beginning after 2018 
shall be— 
‘‘(i) the amount payable pursuant to 
paragraph (2) for months during the pre-
ceding calendar year, plus 
‘‘(ii) an amount equal to the percent-
age of the amount determined pursuant to 
clause (i) which percentage is equal to the 
percentage increase in retired pay of mem-
bers and former members of the armed 
forces for such calendar year under section 
1401a of this title. 
‘‘(B) PUBLIC NOTICE ON AMOUNT OF AL-
LOWANCE PAYABLE.—The Secretary of Defense 
shall publish in the Federal Register each year 
the amount of the allowance payable under para-
graph (1) for months in such year by reason of 
the operation of this paragraph.’’.
267 
† HR 2810 PAP
Subtitle D—Other Matters 
SEC. 651. CONSTRUCTION OF DOMESTIC SOURCE REQUIRE-
MENT FOR FOOTWEAR FURNISHED TO EN-
LISTED MEMBERS OF THE ARMED FORCES ON 
INITIAL ENTRY INTO THE ARMED FORCES. 
Section 418(d) of title 37, United States Code, is 
amended by adding at the end the following new para-
graphs: 
‘‘(4) This subsection does not apply to the furnishing 
of athletic footwear to the members of the Army, the Navy, 
the Air Force, or the Marine Corps upon their initial entry 
into the armed forces, or prohibit the provision of a cash 
allowance to such members for such purpose, if the Sec-
retary of Defense determines that compliance with para-
graph (2) would result in a sole source contract for procure-
ment of athletic footwear for the purpose stated in para-
graph (1) because there would be only a sole certified of 
supply for such footwear. 
‘‘(5) The Secretary of Defense shall ensure that all pro-
curements of athletic footwear to which this subsection ap-
plies are made using firm fixed price contracts.’’. 
SEC. 652. INCLUSION OF DEPARTMENT OF AGRICULTURE IN 
TRANSITION ASSISTANCE PROGRAM. 
(a) IN GENERAL.—Subsection (a) of section 1144 of 
title 10, United States Code, is amended by striking ‘‘and
268 
† HR 2810 PAP
the Secretary of Veterans Affairs’’ each place it appears in 
paragraphs (1) and (2) and inserting ‘‘the Secretary of Vet-
erans Affairs, and the Secretary of Agriculture’’. 
(b) INCLUSION
IN ELEMENTS
OF PROGRAM.—Sub-
section (b) of such section is amended by adding at the end 
the following new paragraph: 
‘‘(12) Provide information regarding the avail-
ability to such members of the following through the 
Department of Agriculture: 
‘‘(A) Grants, loans, and other assistance to 
enter production agriculture or engage in rural 
entrepreneurship. 
‘‘(B) Identification of and assistance in ob-
taining employment within the agricultural sec-
tor that aligns with military occupational spe-
cialties or military certifications, including em-
ployment with the Department. 
‘‘(C) Training and apprenticeships for em-
ployment in rural communities and in the agri-
cultural and food sectors.’’. 
SEC. 653. REVIEW AND UPDATE OF REGULATIONS GOV-
ERNING DEBT COLLECTORS INTERACTIONS 
WITH UNIT COMMANDERS. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall review and update
269 
† HR 2810 PAP
Department of Defense Instruction 1344.09 and any associ-
ated regulations to ensure that such regulations comply 
with Federal consumer protection laws with respect to the 
collection of debt. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—TRICARE and Other 
Health Care Benefits 
SEC. 701. TRICARE ADVANTAGE DEMONSTRATION PRO-
GRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
shall, in consultation with the Secretary of Health 
and Human Services, establish a demonstration pro-
gram to enable applicable eligible individuals to en-
roll in Medicare Advantage plans. 
(2) DURATION.—The demonstration program es-
tablished under paragraph (1) shall be carried out for 
a period of not less than five years. 
(b) PLANS.— 
(1) SELECTION.—The Secretary shall competi-
tively select one or more Medicare Advantage plans 
for which the Secretary of Health and Human Serv-
ices has waived or modified requirements under sec-
270 
† HR 2810 PAP
tion 1857(i) of the Social Security Act (42 U.S.C. 
1395w–27(i)) in market areas of the TRICARE pro-
gram with large concentrations of beneficiaries eligi-
ble for TRICARE for Life (as determined by the Sec-
retary) to participate in the demonstration program 
through the use of risk-bearing, capitated contracts 
with Medicare Advantage organizations. 
(2) REQUIREMENTS.—Each Medicare Advantage 
plan selected under paragraph (1) shall meet the fol-
lowing requirements: 
(A) The plan is an MA–PD plan (as de-
fined in section 1860D–1(a)(3)(C) of the Social 
Security Act (42 U.S.C. 1395w–101(a)(3)(C))). 
(B) The plan has a minimum quality star 
rating of four or higher under section 1853(o)(4) 
of such Act (42 U.S.C. 1395w–23(o)(4)). 
(C) The plan and the Medicare Advantage 
organization offering the plan meet such other 
criteria as the Secretary determines appropriate 
for purposes of this section. 
(3) USE OF DEPARTMENT FACILITIES AND SERV-
ICES.— 
(A) MILITARY
TREATMENT
FACILITIES.— 
The Secretary may include military treatment 
facilities as authorized providers for applicable
271 
† HR 2810 PAP
eligible individuals enrolled in a Medicare Ad-
vantage plan participating in the demonstration 
program as a service provided by the Depart-
ment of Defense. 
(B) PHARMACY BENEFITS PROGRAM.—The 
Secretary may include coverage of pharma-
ceutical agents under the pharmacy benefits pro-
gram under section 1074g of title 10, United 
States Code, as a coverage option for applicable 
eligible individuals enrolled in a Medicare Ad-
vantage plan participating in the demonstration 
program as a service provided by the Depart-
ment of Defense. 
(c) ENROLLMENT OF APPLICABLE ELIGIBLE INDIVID-
UALS.—Unless an applicable eligible individual opts out, 
all applicable eligible individuals located in an area par-
ticipating in the demonstration program shall be enrolled 
in a Medicare Advantage plan selected under subsection 
(b)(1). 
(d) COSTS OF PROGRAM.—The Secretary and the Sec-
retary of Health and Human Services shall jointly deter-
mine the appropriate distribution of costs and potential 
savings to the Department of Defense and the Department 
of Health and Human Services that result from the dem-
onstration program.
272 
† HR 2810 PAP
(e) REPORTS.— 
(1) REPORT
ON
IMPLEMENTATION
OF
PRO-
GRAM.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of 
Representatives a report on the implementation 
by the Secretary of the demonstration program 
under this section. 
(B) ELEMENTS.—The report required by 
subparagraph (A) shall include the following: 
(i) A description of each Medicare Ad-
vantage plan participating in the dem-
onstration program, disaggregated by mar-
ket area of the TRICARE program (as de-
termined by the Secretary). 
(ii) A description of covered benefits, 
premium rates, and copayments or cost 
sharing, if any, for each Medicare Advan-
tage plan participating in the demonstra-
tion program in each such area. 
(iii) The number of applicable eligible 
individuals eligible to enroll and the num-
ber of applicable eligible individuals pro-
273 
† HR 2810 PAP
jected to enroll in each Medicare Advantage 
plan participating in the demonstration 
program in each such area. 
(iv) An assessment of projected average 
annual out-of-pocket costs, if any, for appli-
cable eligible individuals enrolled in each 
Medicare Advantage plan participating in 
the demonstration program. 
(v) A description of outcome metrics 
developed to measure quality of care, im-
proved health outcomes, better access to 
care, and enhanced beneficiary experience 
under the demonstration program. 
(2) FINAL REPORT.—Not later than four years 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a 
report providing a comprehensive assessment of the 
demonstration program under this section. 
(f) DEFINITIONS.—In this section: 
(1) APPLICABLE
ELIGIBLE
INDIVIDUAL.—The 
term ‘‘applicable eligible individual’’ means an eligi-
ble individual (as defined in paragraph (2)) who is 
a Medicare Advantage eligible individual (as defined
274 
† HR 2810 PAP
in section 1851(a)(3) of the Social Security Act (42 
U.S.C. 1395w–21(a)(3))). 
(2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 
individual’’ means an individual eligible for health 
benefits under section 1086(d) of title 10, United 
States Code. 
(3) MEDICARE ADVANTAGE ORGANIZATION.—The 
term ‘‘Medicare Advantage organization’’ has the 
meaning given that term in section 1859 of the Social 
Security Act (42 U.S.C. 1395w–28). 
(4) MEDICARE
ADVANTAGE
PLAN.—The term 
‘‘Medicare Advantage plan’’ means a health plan 
under part C of title XVIII of the Social Security Act 
(42 U.S.C. 1395w–21 et seq.). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Defense. 
(6) TRICARE PROGRAM; TRICARE FOR LIFE.— 
The terms ‘‘TRICARE program’’ and ‘‘TRICARE for 
Life’’ have the meanings given those terms in section 
1072 of title 10, United States Code. 
(g) REGULATIONS.— 
(1) IN GENERAL.—In order to implement expedi-
tiously the demonstration program under this section, 
the Secretary may prescribe such changes to the regu-
275 
† HR 2810 PAP
lations implementing the TRICARE program as the 
Secretary considers appropriate. 
(2) RULEMAKING.—The Secretary shall imple-
ment any changes prescribed under paragraph (1)— 
(A) by prescribing an interim final rule; 
and 
(B) not later than 180 days after pre-
scribing such interim final rule and considering 
public comments with respect to such interim 
final rule, by prescribing a final rule. 
(h) WAIVER AUTHORITY.—The Secretary of Health 
and Human Services may waive such requirements of titles 
XI and XVIII of the Social Security Act (42 U.S.C. 1301 
et seq.; 1395 et seq.) as may be necessary for purposes of 
carrying out this section. 
SEC. 702. CONTINUED ACCESS TO MEDICAL CARE AT FA-
CILITIES OF THE UNIFORMED SERVICES FOR 
CERTAIN MEMBERS OF THE RESERVE COMPO-
NENTS. 
(a) TRICARE RESERVE SELECT.—Paragraph (2) of 
section 1076d(f) of title 10, United States Code, is amended 
to read as follows: 
‘‘(2) The term ‘TRICARE Reserve Select’ 
means—
276 
† HR 2810 PAP
‘‘(A) medical care at facilities of the uni-
formed services to which a dependent described 
in section 1076(a)(2) of this title is entitled; and 
‘‘(B) health benefits under the TRICARE 
Select self-managed, preferred provider network 
option under section 1075 of this title made 
available to beneficiaries by reason of this section 
and subject to the cost-sharing requirements set 
forth in such section 1075.’’. 
(b) TRICARE RETIRED RESERVE.—Section 1076e is 
amended— 
(1) In subsection (b), in the subsection heading, 
by striking ‘‘RETIRED RESERVE’’; 
(2) In subsection (c), by striking ‘‘Retired Re-
serve’’ the last place it appears; and 
(3) in subsection (f), by striking paragraph (2) 
and inserting the following: 
‘‘(2) The term ‘TRICARE Retired Reserve’ 
means— 
‘‘(A) medical care at facilities of the uni-
formed services to which a dependent described 
in section 1076(a)(2) of this title is entitled; and 
‘‘(B) health benefits under the TRICARE 
Select self-managed, preferred provider network 
option under section 1075 of this title made
277 
† HR 2810 PAP
available to beneficiaries by reason of this section 
and subject to the cost-sharing requirements set 
forth in such section 1075.’’. 
SEC. 703. MODIFICATION OF ELIGIBILITY FOR TRICARE RE-
SERVE SELECT AND TRICARE RETIRED RE-
SERVE OF CERTAIN MEMBERS OF THE RE-
SERVE COMPONENTS. 
(a) TRICARE RESERVE SELECT.—Section 1076d(a) 
of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘(1) Except as 
provided in paragraph (2), a member’’ and inserting 
‘‘A member’’; and 
(2) by striking paragraph (2). 
(b) TRICARE RETIRED RESERVE.—Section 1076e(a) 
of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘(1) Except as 
provided in paragraph (2), a member’’ and inserting 
‘‘A member’’; and 
(2) by striking paragraph (2). 
SEC. 704. EXPEDITED EVALUATION AND TREATMENT FOR 
PRENATAL SURGERY UNDER THE TRICARE 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall im-
plement processes and procedures to ensure that a covered 
beneficiary under the TRICARE program whose pregnancy
278 
† HR 2810 PAP
is complicated with a fetal condition or suspected of being 
complicated with a fetal condition receives, in an expedited 
manner and at the discretion of the covered beneficiary, 
evaluation, non-directive counseling, and treatment from a 
perinatal or pediatric specialist capable of providing sur-
gical management and intervention in utero. 
(b) DEFINITIONS.—In this section, the terms ‘‘covered 
beneficiary’’ and ‘‘TRICARE program’’ have the meanings 
given those terms in section 1072 of title 10, United States 
Code. 
SEC. 705. SPECIFICATION THAT INDIVIDUALS UNDER THE 
AGE OF 21 ARE ELIGIBLE FOR HOSPICE CARE 
SERVICES UNDER THE TRICARE PROGRAM. 
Section 1079(a)(15) of title 10, United States Code, 
is amended by inserting before the period at the end the 
following: ‘‘, except that hospice care may be provided to 
individuals under the age of 21’’. 
SEC. 706. MODIFICATIONS OF COST-SHARING REQUIRE-
MENTS FOR THE TRICARE PHARMACY BENE-
FITS PROGRAM AND TREATMENT OF CERTAIN 
PHARMACEUTICAL AGENTS. 
(a) IN GENERAL.—Paragraph (6) of section 1074g(a) 
of title 10, United States Code, is amended to read as fol-
lows:
279 
† HR 2810 PAP
‘‘(6)(A) In the case of any of the years 2018 through 
2026, the cost-sharing amounts under this subsection for eli-
gible covered beneficiaries shall be determined in accordance 
with the following table: 
‘‘For: 
The cost-shar-
ing amount 
for a 30-day 
supply of a re-
tail generic is: 
The cost-shar-
ing amount 
for a 30-day 
supply of a re-
tail formulary 
is: 
The cost-shar-
ing amount 
for a 90-day 
supply of a 
mail order ge-
neric is: 
The cost-shar-
ing amount 
for a 90-day 
supply of a 
mail order for-
mulary is: 
The cost-shar-
ing amount 
for a 90-day 
supply of a 
mail order 
non-formulary 
is: 
2018 
$10 
$28 
$10 
$28 
$54 
2019 
$10 
$30 
$10 
$30 
$58 
2020 
$10 
$32 
$10 
$32 
$62 
2021 
$11 
$34 
$11 
$34 
$66 
2022 
$11 
$36 
$11 
$36 
$70 
2023 
$11 
$38 
$11 
$38 
$75 
2024 
$12 
$40 
$12 
$40 
$80 
2025 
$13 
$42 
$13 
$42 
$85 
2026 
$14 
$45 
$14 
$45 
$90 
‘‘(B) For any year after 2026, the cost-sharing 
amounts under this subsection for eligible covered bene-
ficiaries shall be equal to the cost-sharing amounts for the 
previous year adjusted by an amount, if any, determined 
by the Secretary to reflect changes in the costs of pharma-
ceutical agents and prescription dispensing, rounded to the 
nearest dollar. 
‘‘(C) Notwithstanding subparagraphs (A) and (B), the 
cost-sharing amounts under this subsection for a dependent 
of a member of the uniformed services who dies while on 
active duty, a member retired under chapter 61 of this title,
280 
† HR 2810 PAP
or a dependent of a member retired under such chapter shall 
be equal to the cost-sharing amounts, if any, for 2017.’’. 
(b) TREATMENT
OF
CERTAIN
PHARMACEUTICAL 
AGENTS.— 
(1) PHARMACY BENEFITS PROGRAM.—Such sec-
tion is amended by adding at the end the following 
new paragraph: 
‘‘(10) Notwithstanding paragraphs (2), (5), and (6), 
in order to encourage the use by covered beneficiaries of 
pharmaceutical agents that provide the greatest value to 
covered beneficiaries and the Department of Defense (as de-
termined by the Secretary, including considerations of bet-
ter care, healthier people, and smarter spending), the Sec-
retary may, upon the recommendation of the Pharmacy and 
Therapeutics Committee established under subsection (b) 
and review by the Uniform Formulary Beneficiary Advi-
sory Panel established under subsection (c)— 
‘‘(A) exclude from the pharmacy benefits pro-
gram any pharmaceutical agent that the Secretary 
determines provides very little or no value to covered 
beneficiaries and the Department under the program; 
and 
‘‘(B) give preferential status to any non-generic 
pharmaceutical agent on the uniform formulary by 
treating it, for purposes of cost-sharing under para-
281 
† HR 2810 PAP
graph (6), as a generic product under the TRICARE 
retail pharmacy program and mail order pharmacy 
program.’’. 
(2) MEDICAL CONTRACTS.—Section 1079 of such 
title is amended by adding at the end the following 
new subsection: 
‘‘(q) In the case of any pharmaceutical agent (as de-
fined in section 1074g(g) of this title) provided under a con-
tract entered into under this section by a physician, in an 
outpatient department of a hospital, or otherwise as part 
of any medical services provided under such a contract, the 
Secretary of Defense may, under regulations prescribed by 
the Secretary, adopt special reimbursement methods, 
amounts, and procedures to encourage the use of high-value 
products and discourage the use of low-value products, as 
determined by the Secretary.’’. 
(3) REGULATIONS.—In order to implement expe-
ditiously the reforms authorized by the amendments 
made by paragraphs (1) and (2), the Secretary of De-
fense may prescribe such changes to the regulations 
implementing the TRICARE program (as defined in 
section 1072 of title 10, United States Code) as the 
Secretary considers appropriate— 
(A) by prescribing an interim final rule; 
and
283 
† HR 2810 PAP
Standard, as the case may be, were still being carried 
out by the Secretary. 
‘‘(B) Beneficiaries described in this subpara-
graph are the following beneficiaries: 
‘‘(i) Retired members and the family mem-
bers of such retired members covered by section 
1086(c)(1) of this title by reason of being retired 
under chapter 61 of this title or being a depend-
ent of such a retired member. 
‘‘(ii) 
Survivors 
covered 
by 
section 
1086(c)(2) of this title.’’; 
(B) by striking subsection (e); and 
(C) by redesignating subsections (f), (g), 
and (h) as subsections (e), (f), and (g), respec-
tively. 
(2) 
CONFORMING
AMENDMENT.—Subsection 
(d)(2) of such section is amended by striking ‘‘, and 
the amounts specified under paragraphs (1) and (2) 
of subsection (e),’’. 
(b) TRICARE PRIME.—Section 1075a(a) of title 10, 
United States Code, is amended— 
(1) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) With respect to beneficiaries in the active- 
duty family member category or the retired category
284 
† HR 2810 PAP
(as described in section 1075(b)(1) of this title) other 
than beneficiaries described in paragraph (3)(B), the 
cost-sharing requirements shall be calculated pursuant 
to subsection (b)(1).’’; and 
(2) in paragraph (3), by striking subparagraph 
(B) and inserting the following new subparagraph: 
‘‘(B) Beneficiaries described in this subpara-
graph are the following beneficiaries: 
‘‘(i) Retired members and the family mem-
bers of such retired members covered by section 
1086(c)(1) of this title by reason of being retired 
under chapter 61 of this title or being a depend-
ent of such a retired member. 
‘‘(ii) 
Survivors 
covered 
by 
section 
1086(c)(2) of this title.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on January 1, 2018. 
SEC. 708. TRICARE TECHNICAL AMENDMENTS. 
(a) DEFINITION
OF TRICARE STANDARD.—Para-
graph (15) of section 1072 of title 10, United States Code, 
is amended to read as follows: 
‘‘(15) The term ‘TRICARE Standard’ means the 
TRICARE program made available prior to January 
1, 2018, covering health benefits contracted for under 
the authority of section 1079(a) or 1086(a) of this
285 
† HR 2810 PAP
title and subject to the same rates and conditions as 
apply to persons covered under those sections.’’. 
(b) COST-SHARING AMOUNTS.— 
(1) TRICARE SELECT.— 
(A) 
ALLOWANCE
OF
COST-SHARING 
AMOUNTS
AS
DETERMINED
BY
THE
SEC-
RETARY.—Subsection (d) of section 1075 of such 
title is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(4) The cost-sharing requirements applicable to serv-
ices not specifically addressed in the table set forth in para-
graph (1) shall be established by the Secretary.’’. 
(B) MODIFICATION OF REFERENCE TO AM-
BULANCE CIVILIAN NETWORK.—Paragraph (1) of 
such subsection is amended, in the first column 
of the table, by striking ‘‘Ambulance civilian net-
work’’ and inserting ‘‘Ground ambulance civil-
ian network’’. 
(2) TRICARE PRIME.— 
(A) 
ALLOWANCE
OF
COST-SHARING 
AMOUNTS
AS
DETERMINED
BY
THE
SEC-
RETARY.—Subsection (b) of section 1075a of such 
title is amended by adding at the end the fol-
lowing new paragraph:
286 
† HR 2810 PAP
‘‘(4) The cost-sharing requirements applicable to serv-
ices not specifically addressed in the table set forth in para-
graph (1) shall be established by the Secretary.’’. 
(B) MODIFICATION OF REFERENCE TO AM-
BULANCE CIVILIAN NETWORK.—Paragraph (1) of 
such section is amended, in the first column of 
the table, by striking ‘‘Ambulance civilian net-
work’’ and inserting ‘‘Ground ambulance civil-
ian network’’. 
(c) MEDICAL CARE FOR DEPENDENTS.— 
(1) REFERENCE TO MEDICALLY NECESSARY VITA-
MINS.—Paragraphs (3) and (18) of section 1077(a) of 
such title are amended by striking ‘‘subsection (g)’’ 
each place it appears and inserting ‘‘subsection (h)’’. 
(2) ELIGIBILITY OF DEPENDENTS TO PURCHASE 
HEARING
AIDS.—Section 1077(g) of such title is 
amended by striking ‘‘of former members of the uni-
formed services’’ and inserting ‘‘eligible for care under 
this section’’. 
(d) MODIFICATION
OF
REFERENCE
TO
FISCAL 
YEAR.— 
(1) 
CONTRACTS
FOR
MEDICAL
CARE
FOR 
SPOUSES AND CHILDREN.—Section 1079(b) such title 
is amended by striking ‘‘fiscal year’’ each place it ap-
pears and inserting ‘‘calendar year’’.
287 
† HR 2810 PAP
(2) CONTRACTS
FOR
HEALTH
BENEFITS
FOR 
CERTAIN MEMBERS, FORMER MEMBERS, AND THEIR 
DEPENDENTS.—Section 1086(b) of such title is 
amended by striking ‘‘fiscal year’’ each place it ap-
pears and inserting ‘‘calendar year’’. 
(e) 
REFERRALS
AND
PREAUTHORIZATIONS
FOR 
TRICARE PRIME.— 
(1) PREAUTHORIZATION FOR CARE AT RESIDEN-
TIAL TREATMENT CENTERS.—Section 1095f(b) of such 
title is amended by adding at the end the following 
new paragraph: 
‘‘(4) Inpatient care at a residential treatment 
center.’’. 
(2) REFERENCE.—Section 1075a(c) of such title 
is amended by striking ‘‘section 1075f(a)’’ and insert-
ing ‘‘section 1095f(a)’’. 
(f) APPLICABILITY
OF PREMIUM
FOR DEPENDENT 
COVERAGE.—Section 1110b(c)(1) of such title is amended 
by striking ‘‘section 1075 of this section’’ and inserting 
‘‘section 1075 or 1075a of this title, as appropriate’’. 
SEC. 709. CONTRACEPTION COVERAGE PARITY UNDER THE 
TRICARE PROGRAM. 
(a) IN GENERAL.—Section 1074d of title 10, United 
States Code, is amended— 
(1) in subsection (a)—
288 
† HR 2810 PAP
(A) in the subsection heading, by inserting 
‘‘FOR MEMBERS AND FORMER MEMBERS’’ after 
‘‘SERVICES AVAILABLE’’; and 
(B) in paragraph (1), by striking ‘‘sub-
section (b)’’ and inserting ‘‘subsection (d)’’; 
(2) by redesignating subsection (b) as subsection 
(d); and 
(3) by inserting after subsection (a) the following 
new subsections: 
‘‘(b) CARE RELATED
TO PREVENTION
OF PREG-
NANCY.—Female covered beneficiaries shall be entitled to 
care related to the prevention of pregnancy described in sub-
section (d)(3). 
‘‘(c) PROHIBITION ON COST-SHARING FOR CERTAIN 
SERVICES.—Notwithstanding section 1074g(a)(6), section 
1075, or section 1075a of this title or any other provision 
of law, cost-sharing may not be imposed or collected for care 
related to the prevention of pregnancy provided pursuant 
to subsection (a) or (b), including for any method of contra-
ception provided, whether provided through a facility of the 
uniformed services, the TRICARE retail pharmacy pro-
gram, or the national mail-order pharmacy program.’’. 
(b) CARE
RELATED
TO
PREVENTION
OF
PREG-
NANCY.—Subsection (d)(3) of such section, as redesignated 
by subsection (a)(2), is further amended by inserting before
289 
† HR 2810 PAP
the period at the end the following: ‘‘(including all methods 
of contraception approved by the Food and Drug Adminis-
tration, contraceptive care (including with respect to inser-
tion, removal, and follow up), sterilization procedures, and 
patient education and counseling in connection therewith)’’. 
(c) CONFORMING AMENDMENT.—Section 1077(a)(13) 
of such title is amended by striking ‘‘section 1074d(b)’’ and 
inserting ‘‘section 1074d(d)’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2018. 
Subtitle B—Health Care 
Administration 
SEC. 721. MODIFICATION OF PRIORITY FOR EVALUATION 
AND TREATMENT OF INDIVIDUALS AT MILI-
TARY TREATMENT FACILITIES. 
Subsection (b) of section 717 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114– 
328) is amended to read as follows: 
‘‘(b) PRIORITY OF COVERED BENEFICIARIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the evaluation and treatment of covered 
beneficiaries at military treatment facilities shall be 
prioritized ahead of the evaluation and treatment of 
veterans and civilians at such facilities under sub-
section (a).
290 
† HR 2810 PAP
‘‘(2) WAIVER.—The Secretary may waive the re-
quirement under paragraph (1) in order to provide 
timely evaluation and treatment for individuals who 
are— 
‘‘(A) severely wounded or injured by acts of 
terror that occur in the United States; or 
‘‘(B) residents of the United States who are 
severely wounded or injured by acts of terror 
outside the United States.’’. 
SEC. 722. SELECTION OF DIRECTORS OF MILITARY TREAT-
MENT FACILITIES AND TOURS OF DUTY OF 
SUCH DIRECTORS. 
(a) IN GENERAL.—Not later than January 1, 2019, 
the Secretary of Defense shall do the following: 
(1) Develop the common qualifications and core 
competencies required of military and civilian indi-
viduals for selection as directors of military treatment 
facilities. 
(2) Establish a minimum length for the tour of 
duty of a member of the Armed Forces serving as a 
director of a military treatment facility. 
(b) QUALIFICATIONS AND COMPETENCIES.— 
(1) STANDARDS.—In developing common quali-
fications and core competencies under subsection
291 
† HR 2810 PAP
(a)(1), the Secretary shall include standards with re-
spect to the following: 
(A) Professional competence. 
(B) Moral and ethical integrity and char-
acter. 
(C) Formal education in healthcare execu-
tive leadership and healthcare management. 
(D) Such other matters as the Secretary 
considers appropriate. 
(2) OBJECTIVE.—The objective of the Secretary 
in developing such qualifications and competencies 
shall be to ensure that the individuals selected as di-
rectors of military treatment facilities are highly 
qualified to serve as health system executives in a 
medical treatment facility of the Armed Forces. 
(c) TOURS OF DUTY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in the case of a director of a military 
treatment facility who is a member of the Armed 
Forces, the length of the tour of duty of any such di-
rector assigned to such position after January 1, 
2019, may not be shorter than the longer of— 
(A) the length established pursuant to sub-
section (a)(2); or 
(B) three years.
292 
† HR 2810 PAP
(2) WAIVER.—The Secretary may authorize a 
tour of duty of a member of the Armed Forces serving 
as a director of a military treatment facility of a 
shorter length than is otherwise provided for in para-
graph (1) if the Secretary determines, in the discre-
tion of the Secretary, that there is good cause for a 
tour of duty in such position of shorter length. Any 
such determination shall be made on a case-by-case 
basis. 
SEC. 723. CLARIFICATION OF ADMINISTRATION OF MILI-
TARY MEDICAL TREATMENT FACILITIES. 
Section 1073c(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)(E), by striking ‘‘miliary’’ 
and inserting ‘‘military’’; 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘commander of each 
military medical treatment facility’’ and inserting 
‘‘military or civilian director of each military med-
ical treatment facility, under the authority, direction, 
and control of the Director of the Defense Health 
Agency,’’; and 
(3) by adding at the end the following new para-
graph:
293 
† HR 2810 PAP
‘‘(4) If the Secretary of Defense determines it appro-
priate, a military director (or any other senior military 
officer or officers) of a military medical treatment facility 
may be a commanding officer for purposes of chapter 47 
of this title (the Uniform Code of Military Justice) with 
respect to military personnel assigned to the military med-
ical treatment facility.’’. 
SEC. 724. MODIFICATION OF EXECUTION OF TRICARE CON-
TRACTING RESPONSIBILITIES. 
Subsection (b) of section 705 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114– 
328) is amended to read as follows: 
‘‘(b) EXECUTION OF CONTRACTING RESPONSIBILITY.— 
With respect to any acquisition of managed care support 
services under the TRICARE program initiated after the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2018, the Under Secretary of Defense 
for Acquisition and Sustainment shall serve as the author-
ity for decisions relating to such acquisition and shall be 
responsible for approving the acquisition strategy and con-
ducting pre-solicitation, pre-award, and post-award acqui-
sition reviews.’’.
294 
† HR 2810 PAP
SEC. 725. PILOT PROGRAM ON ESTABLISHMENT OF INTE-
GRATED HEALTH CARE DELIVERY SYSTEMS. 
(a) IN GENERAL.—Beginning not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretary of Veterans 
Affairs and the Secretary of Health and Human Services, 
shall carry out a pilot program to establish integrated 
health care delivery systems among the military health sys-
tem, other Federal health systems, and private sector inte-
grated health systems. 
(b) DURATION OF PILOT PROGRAM.—The Secretary of 
Defense shall carry out the pilot program for a period of 
not less than five years. 
(c) IMPLEMENTATION OF PILOT PROGRAM.— 
(1) ESTABLISHMENT OF TASK FORCE.—The Sec-
retary shall establish a multi-disciplinary task force 
of Federal and private sector health care experts (in 
this section referred to as the ‘‘Task Force’’) to de-
velop a plan to implement the pilot program. 
(2) MEMBERSHIP OF TASK FORCE.— 
(A) IN GENERAL.—The Task Force shall be 
composed of senior health care representatives 
from— 
(i) the Department of Defense; 
(ii) the Department of Veterans Af-
fairs;
295 
† HR 2810 PAP
(iii) the Centers for Medicare & Med-
icaid Services; 
(iv) 
high-performance, 
integrated 
health systems in the private sector; and 
(v) health information technology orga-
nizations in the private sector. 
(B) ADDITIONAL MEMBERS.—The Secretary 
may appoint additional members of the Task 
Force from the private sector as the Secretary 
considers appropriate. 
(3) SUBMITTAL OF PLAN.—Not later than 180 
days after the date of the enactment of this Act, the 
Task Force shall submit to the Secretary an imple-
mentation plan for the pilot program. 
(4) NONAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Task 
Force. 
(d) ELEMENTS.—The pilot program shall be developed 
and carried out as follows: 
(1) To create high-value integrated health sys-
tems that— 
(A) establish value-based models of reim-
bursement for health care providers in integrated 
health care delivery systems to promote medical
296 
† HR 2810 PAP
innovation and create better health value for pa-
tients; 
(B) provide innovative health benefit design 
solutions to promote effective, efficient, and af-
fordable health care; and 
(C) tailor case management and care co-
ordination for high-need, high-cost patients. 
(2) To empower health care providers with real- 
time advanced information technology solutions— 
(A) to coordinate and manage health care 
services across the continuum of care; and 
(B) to leverage sophisticated data capture, 
cloud computing, and data analytical tools to 
provide predictive modeling capabilities for 
health care providers. 
(3) To empower patients with transparent infor-
mation on health care costs, quality outcomes, and 
safety within health care provider networks in high- 
value integrated health systems. 
(4) To provide incentives to patients and health 
care providers to prevent overuse of low-value health 
care services. 
(e) REPORTS.— 
(1) REPORT
ON
IMPLEMENTATION.—Not later 
than 270 days after the date of the enactment of this
297 
† HR 2810 PAP
Act, the Secretary shall transmit to the Committees 
on Armed Services of the Senate and the House of 
Representatives the implementation plan submitted to 
the Secretary under subsection (c)(3). 
(2) FINAL REPORT.— 
(A) IN
GENERAL.—Not later than four 
years after the date that the pilot program be-
gins, the Secretary shall submit to the Commit-
tees on Armed Services of the Senate and the 
House of Representatives a report assessing the 
pilot program. 
(B) 
ELEMENTS.—The 
report 
submitted 
under subparagraph (A) shall provide the fol-
lowing: 
(i) An analysis of the impact of the 
pilot program on building sustainable inte-
grated health care delivery systems among 
the military health system, other Federal 
health systems, and private sector inte-
grated health systems. 
(ii) A determination of the extent to 
which value-based health care reimburse-
ment models create value for patients and 
the health systems participating in the pilot 
program.
298 
† HR 2810 PAP
(iii) A determination of the extent to 
which the use of real-time advanced infor-
mation technology solutions— 
(I) improves coordination and 
management of health care services 
across the continuum of care; and 
(II) leverages sophisticated data 
capture, cloud computing, and data 
analytical tools to provide comprehen-
sive predictive modeling capabilities 
for health care providers. 
(iv) A determination of the extent to 
which transparency of health care costs, 
health care quality outcomes, and patient 
safety within health care provider networks 
encourages patients to seek care from health 
care providers who provide high-quality 
health outcomes at lower cost. 
(v) A determination of the extent to 
which patient and provider incentives pre-
vent overuse of low-value health services. 
(vi) A determination of the extent to 
which the pilot program should be expanded 
and implemented on a permanent basis.
299 
† HR 2810 PAP
Subtitle C—Reports and Other 
Matters 
SEC. 731. EXTENSION OF AUTHORITY FOR JOINT DEPART-
MENT OF DEFENSE-DEPARTMENT OF VET-
ERANS AFFAIRS MEDICAL FACILITY DEM-
ONSTRATION FUND. 
Section 1704(e) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2573), as amended by section 722 of the Carl Levin and 
Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291), sec-
tion 723 of the National Defense Authorization Act for Fis-
cal Year 2016 (Public Law 114–92), and section 741(a) of 
the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328), is further amended by striking 
‘‘September 30, 2018’’ and inserting ‘‘September 30, 2019’’. 
SEC. 732. ADDITIONAL EMERGENCY USES FOR MEDICAL 
PRODUCTS TO REDUCE DEATHS AND SEVER-
ITY OF INJURIES CAUSED BY AGENTS OF 
WAR. 
Section 1107a of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(d) ADDITIONAL AUTHORITY TO REDUCE DEATHS 
AND SEVERITY
OF INJURIES CAUSED
BY AGENTS
OF 
WAR.—(1) In a case in which an emergency use of an un-
300 
† HR 2810 PAP
approved product or an emergency unapproved use of an 
approved product cannot be authorized under section 564 
of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 
360bbb–3) because the emergency does not involve an actual 
or threatened attack with a biological, chemical, radio-
logical, or nuclear agent or agents, the Secretary of Defense 
may authorize an emergency use outside the United States 
of the product to reduce the number of deaths or the severity 
of harm to members of the armed forces (or individuals as-
sociated with deployed members of the armed forces) caused 
by a risk or agent of war. 
‘‘(2) Except as otherwise provided in this subsection, 
an authorization by the Secretary under paragraph (1) 
shall have the same effect with respect to the armed forces 
as an emergency use authorization under section 564 of the 
Federal Food, Drug and Cosmetic Act (21 U.S.C. 360bbb– 
3). 
‘‘(3) The Secretary may issue an authorization under 
paragraph (1) with respect to the emergency use of an un-
approved product or the emergency unapproved use of an 
approved product only if— 
‘‘(A) the committee established under paragraph 
(5) has recommended that the Secretary issue the au-
thorization; and
301 
† HR 2810 PAP
‘‘(B) the Assistant Secretary of Defense for 
Health Affairs makes a written determination, after 
consultation with the Commissioner of Food and 
Drugs, that, based on the totality of scientific evidence 
available to the Assistant Secretary, criteria com-
parable to those specified in section 564(c) of the Fed-
eral Food, Drug and Cosmetic Act (21 U.S.C. 
360bbb–3(c)) have been met. 
‘‘(4) With respect to the emergency use of an unap-
proved product or the emergency unapproved use of an ap-
proved product under this subsection, the Secretary of De-
fense shall establish such scope, conditions, and terms under 
this subsection as the Secretary considers appropriate, in-
cluding scope, conditions, and terms comparable to those 
specified in section 564 of the Federal Food, Drug and Cos-
metic Act (21 U.S.C. 360bbb–3). 
‘‘(5)(A) There is established in the Department of De-
fense a Department of Defense Emergency Use Authoriza-
tion Committee (in this paragraph referred to as the ‘Com-
mittee’) to advise the Assistant Secretary of Defense for 
Health Affairs on proposed authorizations under this sub-
section. 
‘‘(B) Members of the Committee shall be appointed by 
the Secretary of Defense and shall consist of prominent 
health care professionals who are not employees of the De-
302 
† HR 2810 PAP
partment of Defense (other than for purposes of serving as 
a member of the Committee). 
‘‘(C) The Committee may be established as a sub-
committee of another Federal advisory committee. 
‘‘(6) In this subsection: 
‘‘(A) The term ‘biological product’ has the mean-
ing given that term in section 351(i) of the Public 
Health Service Act (42 U.S.C. 262(i)). 
‘‘(B) The terms ‘device’ and ‘drug’ have the 
meanings given those terms in section 201 of the Fed-
eral Food, Drug and Cosmetic Act (21 U.S.C. 321). 
‘‘(C) The term ‘product’ means a drug, device, or 
biological product. 
‘‘(D) The terms ‘unapproved product’ and ‘unap-
proved use of an approved product’ have the mean-
ings given those terms in section 564(a)(4) of the Fed-
eral Food, Drug and Cosmetic Act (21 U.S.C. 
360bbb–3(a)(4)).’’. 
SEC. 733. PROHIBITION ON CONDUCT OF CERTAIN MEDICAL 
RESEARCH AND DEVELOPMENT PROJECTS. 
The Secretary of Defense and each Secretary of a mili-
tary department may not fund or conduct a medical re-
search and development project unless the Secretary funding 
or conducting the project—
303 
† HR 2810 PAP
(1) submits to the Committees on Armed Services 
of the Senate and the House of Representatives a 
written certification that the project is designed to di-
rectly protect, enhance, or restore the health and safe-
ty of members of the Armed Forces; and 
(2) does not initiate the funding or conduct of 
such project until the date that is 90 days after the 
submittal of such written certification. 
SEC. 734. MODIFICATION OF DETERMINATION OF AVERAGE 
WAIT TIMES AT URGENT CARE CLINICS AND 
PHARMACIES AT MILITARY MEDICAL TREAT-
MENT FACILITIES UNDER PILOT PROGRAM. 
(a) URGENT CARE CLINICS.—Subsection (c)(2) of sec-
tion 744 of the National Defense Authorization Act for Fis-
cal Year 2017 (Public Law 114–328) is amended to read 
as follows: 
‘‘(2) DETERMINATION.—In carrying out para-
graph (1), the Secretary shall determine the average 
wait time to display under such paragraph by using 
a formula derived from best practices in the health 
care industry.’’. 
(b) PHARMACIES.—Subsection (d)(2) of such section is 
amended to read as follows: 
‘‘(2) DETERMINATION.—In carrying out para-
graph (1), the Secretary shall determine the average
304 
† HR 2810 PAP
wait time to display under such paragraph by using 
a formula derived from best practices in the health 
care industry.’’. 
SEC. 735. REPORT ON PLAN TO IMPROVE PEDIATRIC CARE 
AND RELATED SERVICES FOR CHILDREN OF 
MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report setting 
forth a plan of the Department of Defense to improve pedi-
atric care and related services for children of members of 
the Armed Forces. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) In order to ensure that children receive devel-
opmentally-appropriate and age-appropriate health 
care services from the Department, a plan to align 
preventive pediatric care under the TRICARE pro-
gram with— 
(A) standards for such care as required by 
the Patient Protection and Affordable Care Act 
(Public Law 111–148); 
(B) guidelines established for such care by 
the Early and Periodic Screening, Diagnosis,
305 
† HR 2810 PAP
and Treatment program under the Medicaid pro-
gram carried out under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.); and 
(C) recommendations by organizations that 
specialize in pediatrics. 
(2) A plan to develop a uniform definition of 
‘‘pediatric medical necessity’’ for the Department that 
aligns with recommendations of organizations that 
specialize in pediatrics in order to ensure that a con-
sistent definition of such term is used in providing 
health care in military treatment facilities and by 
health care providers under the TRICARE program. 
(3) A plan to revise certification requirements 
for residential treatment centers of the Department to 
expand the access of children of members of the Armed 
Forces to services at such centers. 
(4) A plan to develop measures to evaluate and 
improve access to pediatric care, coordination of pedi-
atric care, and health outcomes for such children. 
(5) A plan to include an assessment of access to 
pediatric specialty care in the annual report to Con-
gress on the effectiveness of the TRICARE program. 
(6) A plan to improve the quality of and access 
to behavioral health care under the TRICARE pro-
gram for children of members of the Armed Forces,
306 
† HR 2810 PAP
including intensive outpatient and partial hos-
pitalization services. 
(7) A plan to mitigate the impact of permanent 
changes of station and other service-related relocations 
of members of the Armed Forces on the continuity of 
health care services received by such children who 
have special medical or behavioral health needs. 
(8) A plan to mitigate deficiencies in data collec-
tion, data utilization, and data analysis to improve 
pediatric care and related services for children of 
members of the Armed Forces. 
(c) TRICARE PROGRAM DEFINED.—In this section, 
the term ‘‘TRICARE program’’ has the meaning given such 
term in section 1072 of title 10, United States Code. 
SEC. 736. INCLUSION OF GAMBLING DISORDER IN HEALTH 
ASSESSMENTS AND RELATED RESEARCH EF-
FORTS OF THE DEPARTMENT OF DEFENSE. 
(a) ANNUAL PERIODIC HEALTH ASSESSMENT.—The 
Secretary of Defense shall incorporate medical screening 
questions specific to gambling disorder into the Annual 
Periodic Health Assessment (DD Form 3024) conducted by 
the Department of Defense for members of the Armed Forces. 
(b) RESEARCH EFFORTS.—The Secretary shall incor-
porate into ongoing research efforts of the Department ques-
tions on gambling disorder, as appropriate, including by
307 
† HR 2810 PAP
restoring such questions into the Health Related Behaviors 
Survey of Active Duty Military Personnel. 
SEC. 737. FEASIBILITY STUDY ON CONDUCT OF PILOT PRO-
GRAM ON MENTAL HEALTH READINESS OF 
PART-TIME MEMBERS OF THE RESERVE COM-
PONENTS OF THE ARMED FORCES. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall conduct a feasibility study and cost estimate for a 
pilot program that uses predictive analytics and screening 
to identify mental health risk and provide early, targeted 
intervention for part-time members of the reserve compo-
nents of the Armed Forces to improve readiness and mission 
success. 
(b) ELEMENTS.—The feasibility study conducted 
under subsection (a) shall include elements to assess the fol-
lowing with respect to the pilot program studied under such 
subsection: 
(1) The anticipated improvement in quality of 
behavioral health services for part-time members of 
the reserve components of the Armed Forces and the 
impact of such improvement in quality of behavioral 
health services on their families and employers.
308 
† HR 2810 PAP
(2) The anticipated impact on the culture sur-
rounding behavioral health treatment and help-seek-
ing behavior. 
(3) The feasibility of embedding mental health 
professionals with units that— 
(A) perform core mission sets and capabili-
ties; and 
(B) carry out high-risk and high-demand 
missions. 
(4) The particular preventative mental health 
needs of units at different states of their operational 
readiness cycle. 
(5) The need for additional personnel of the De-
partment of Defense to implement the pilot program. 
(6) The cost of implementing the pilot program 
throughout the reserve components of the Armed 
Forces. 
(7) The benefits of an integrated operational 
support team for the Air National Guard and Army 
National Guard units. 
(c) COMPARISON TO FULL-TIME MEMBERS OF RE-
SERVE COMPONENTS.—As part of the feasibility study con-
ducted under subsection (a), the Secretary shall assess the 
mental health risk of part-time members of the reserve com-
309 
† HR 2810 PAP
ponents of the Armed Forces as compared to full-time mem-
bers of the reserve components of the Armed Forces. 
(d) USE OF EXISTING MODELS.—In conducting the 
feasibility study under subsection (a), the Secretary shall 
make use of existing models for preventative mental health 
care, to the extent practicable, such as the approach devel-
oped by the United States Air Force School of Aerospace 
Medicine. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. REPEAL OF TEMPORARY SUSPENSION OF PUBLIC- 
PRIVATE COMPETITIONS FOR CONVERSION 
OF DEPARTMENT OF DEFENSE FUNCTIONS 
TO PERFORMANCE BY CONTRACTORS. 
Effective as of the date that is one year after the date 
of the enactment of this Act, section 325 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2253) is repealed.
310 
† HR 2810 PAP
SEC. 802. TECHNICAL AND CONFORMING AMENDMENTS RE-
LATED TO PROGRAM MANAGEMENT PROVI-
SIONS. 
(a) REPEAL OF DUPLICATIVE PROVISION RELATED TO 
PROGRAM AND PROJECT MANAGEMENT.—Subsection (c) of 
section 503 of title 31, United States Code, as added by 
section 861(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2298), is repealed. 
(b) REPEAL OF DUPLICATIVE PROVISION RELATED TO 
PROGRAM MANAGEMENT OFFICERS AND PROGRAM MAN-
AGEMENT POLICY COUNCIL.—Section 1126 of title 31, 
United States Code, as added by section 861(b)(1) of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 130 Stat. 2299), is repealed. 
(c) REPEAL OF OBSOLETE PROVISIONS.—Section 861 
of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 2299) is amended— 
(1) in subsection (a), by striking paragraphs (2) 
and (3); 
(2) in subsection (b), by striking paragraph (2); 
and 
(3) by striking subsections (c) and (d). 
SEC. 803. SHOULD-COST MANAGEMENT. 
(a) REQUIREMENT
FOR REGULATIONS.—Not later 
than 180 days after the date of the enactment of this Act,
311 
† HR 2810 PAP
the Secretary of Defense shall amend the Defense Supple-
ment to the Federal Acquisition Regulation to provide for 
the appropriate use of the should-cost review process in a 
manner that is transparent, objective, and provides for the 
efficiency of the systems acquisition process in the Depart-
ment of the Defense. 
(b) REQUIRED ELEMENTS.—The regulations required 
under subsection (a) shall incorporate, at a minimum, the 
following elements: 
(1) A description of the features distinguishing a 
should-cost review and the analysis of program direct 
and indirect costs. 
(2) Establishment of a process for commu-
nicating with the contractor the elements of a pro-
posed should-cost review. 
(3) A method for ensuring that identified should- 
cost savings opportunities are based on accurate, com-
plete, and current information and are associated 
with specific engineering or business changes that can 
be quantified and tracked. 
(4) A description of the training, skills, and ex-
perience, including cross functional experience, that 
Department of Defense and contractor officials car-
rying out a should-cost review in subsection (a) 
should possess.
312 
† HR 2810 PAP
(5) A method for ensuring appropriate collabora-
tion with the contractor throughout the review proc-
ess. 
(6) Establishment of review process requirements 
that provide for sufficient analysis and minimize any 
impact on program schedule. 
(7) A requirement that any separate audit or re-
view carried out in connection with the should-cost 
review be provided to the prime contractor under the 
program. 
SEC. 804. CLARIFICATION OF PURPOSE OF DEFENSE ACQUI-
SITION. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall amend the Defense 
Federal Acquisition Regulation as appropriate to provide 
the following: 
(1) The Defense Acquisition System exists to 
manage the nation’s investments in technologies, pro-
grams, and product support necessary to achieve the 
National Security Strategy and support the United 
States Armed Forces. 
(2) The investment strategy of the Department of 
Defense shall be postured to support not only today’s 
force, but also the next force, and future forces beyond 
that.
313 
† HR 2810 PAP
(3) The primary objective of Defense acquisition 
is to acquire quality products that satisfy user needs 
with measurable improvements to mission capability 
and operational support, in a timely manner, and at 
a fair and reasonable price. 
SEC. 805. DEFENSE POLICY ADVISORY COMMITTEE ON 
TECHNOLOGY. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall form a committee of senior executives from 
United States firms in the national technology and indus-
trial base to meet with the Secretary, the Secretaries of the 
military departments, and members of the Joint Chiefs of 
Staff to exchange information, including, as appropriate, 
classified information, on technology threats to the national 
security of the United States and on the emerging tech-
nologies from the national technology and industrial base 
that may become available to counter such threats in a 
timely manner. 
(b) MEETINGS.—The defense policy advisory com-
mittee on technology formed pursuant to subsection (a) shall 
meet with the Secretary and the other Department of De-
fense officials specified in such subsection collectively at 
least once annually in each of fiscal years 2018 through
314 
† HR 2810 PAP
2022. The Secretary of Defense shall provide the congres-
sional defense committees annual briefings on the meetings. 
(c) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the defense policy advisory committee on tech-
nology established pursuant to this section. 
SEC. 806. REPORT ON EXTENSION OF DEVELOPMENT, AC-
QUISITION, AND SUSTAINMENT AUTHORITIES 
OF THE MILITARY DEPARTMENTS TO THE 
UNITED STATES SPECIAL OPERATIONS COM-
MAND. 
(a) REVIEW.—The Secretary of Defense shall carry out 
a review of the authorities available to the Secretaries of 
the military departments and the acquisition executives of 
the military departments for the development, acquisition, 
and sustainment of technology, equipment, and services for 
the military departments in order to determine the feasi-
bility and advisability of the provision of such authorities 
to the Commander of the United States Special Operations 
Command and the acquisition executive of the Command 
for the development, acquisition, and sustainment of special 
operations-peculiar technology, equipment, and services. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the Committees on Armed Services of the Senate and the
315 
† HR 2810 PAP
House of Representatives a report on the review required 
by subsection (a). The report shall include the following: 
(1) A description of the review. 
(2) An identification of the authorities the Sec-
retary recommends for provision to the Commander of 
the United States Special Operations Command and 
the acquisition executive of the Command as described 
in subsection (a), and recommendations for any 
modifications of such authorities that the Secretary 
considers appropriate for purposes of the United 
States Special Operations Command. 
(3) Such recommendations for legislative or ad-
ministrative action as the Secretary considers appro-
priate for the provision of authorities identified pur-
suant to paragraph (2) as described in subsection (a). 
(4) Such other matters as the Secretary considers 
appropriate in light of the review. 
SEC. 807. ENSURING TRANSPARENCY IN ACQUISITION PRO-
GRAMS. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish and implement a policy that will ensure the acquisi-
tion programs of major systems establish cost, schedule, and 
performance goals at the onset of the program. The policy 
shall also ensure that acquisition programs of major sys-
316 
† HR 2810 PAP
tems report on the original cost, schedule, and performance 
goals throughout the program to ensure transparency. 
(b) MAJOR SYSTEM DEFINED.—In this section, the 
term ‘‘major system’’ has the meaning given the term in 
section 2302d of title 10, United States Code. 
Subtitle B—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 811. WAIVER AUTHORITY FOR PURPOSES OF EXPAND-
ING COMPETITION. 
Section 2304 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(m) In the event the application of any provision of 
law results in only one responsible bidder for a contract, 
the Secretary of Defense may waive such provision of law 
(other than subsection (c)) for purposes of expanding com-
petition for the contract.’’. 
SEC. 812. INCREASED SIMPLIFIED ACQUISITION THRESH-
OLD APPLICABLE TO DEPARTMENT OF DE-
FENSE PROCUREMENTS. 
(a) INCREASED SIMPLIFIED ACQUISITION THRESH-
OLD.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by adding at the end 
the following new section:
317 
† HR 2810 PAP
‘‘§ 2339a. Simplified acquisition threshold 
‘‘Notwithstanding section 134 of title 41, the simplified 
acquisition threshold for the Department of Defense for pur-
poses of such section is $250,000.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘2339a. Simplified acquisition threshold.’’. 
(b) CONFORMING AMENDMENT.—Section 134 of title 
41, United States Code, is amended by striking ‘‘In division 
B’’ and inserting ‘‘Except as provided in section 2339a of 
title 10, in division B’’. 
SEC. 813. INCREASED THRESHOLD FOR COST OR PRICING 
DATA AND TRUTH IN NEGOTIATIONS RE-
QUIREMENTS. 
Section 2306a of title 10, United States Code, is 
amended by striking ‘‘$500,000’’ each place it appears and 
inserting ‘‘$1,000,000’’. 
SEC. 814. CONTRACT AUTHORITY FOR ADVANCED DEVELOP-
MENT OF INITIAL OR ADDITIONAL PROTO-
TYPE UNITS. 
(a) PERMANENT AUTHORITY.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by inserting after sec-
tion 2302d the following new section:
318 
† HR 2810 PAP
‘‘§ 2302e. Contract authority for advanced develop-
ment of initial or additional prototype 
units 
‘‘(a) AUTHORITY.—A contract initially awarded from 
the competitive selection of a proposal resulting from a gen-
eral solicitation referred to in section 2302(2)(B) of this 
title may contain a contract line item or contract option 
for— 
‘‘(1) the provision of advanced component devel-
opment, prototype, or initial production of technology 
developed under the contract; or 
‘‘(2) the delivery of initial or additional items if 
the item or a prototype thereof is created as the result 
of work performed under the contract. 
‘‘(b) LIMITATIONS.— 
‘‘(1) MINIMAL AMOUNT.—A contract line item or 
contract option described in subsection (a)(2) shall re-
quire the delivery of the minimal amount of initial 
or additional items to allow for the timely competi-
tive solicitation and award of a follow-on develop-
ment or production contract for those items. 
‘‘(2) TERM.—A contract line item or contract 
option described in subsection (a) shall be for a term 
of not more than 2 years. 
‘‘(3) DOLLAR
VALUE
OF
WORK.—The dollar 
value of the work to be performed pursuant to a con-
319 
† HR 2810 PAP
tract line item or contract option described in sub-
section (a) may not exceed the amount of expenditure 
consistent with a major system, as defined in section 
2302d of this title. 
‘‘(4) APPLICABILITY.—The authority provided in 
subsection (a) applies only to the Secretary of De-
fense, the Secretary of the Army, the Secretary of the 
Navy, and the Secretary of the Air Force.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 2302d the 
following new item: 
‘‘2302e. Contract authority for advanced development of initial or additional pro-
totype units.’’. 
(b) MODIFICATION
OF COMPETITIVE PROCEDURES 
DEFINITION.—Section 2302(2)(B) of title 10, United States 
Code, is amended by striking ‘‘basic research proposals’’ 
and inserting ‘‘proposals for basic research, applied re-
search, advanced research, or development projects’’. 
(c) REPEAL OF OBSOLETE AUTHORITY.—Section 819 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 107–314; 10 U.S.C. 2302 note) is hereby 
repealed.
320 
† HR 2810 PAP
SEC. 815. TREATMENT OF INDEPENDENT RESEARCH AND 
DEVELOPMENT COSTS ON CERTAIN CON-
TRACTS. 
(a) THRESHOLD FOR ESTABLISHING ADVISORY PANEL 
RELATED TO GOAL FOR REIMBURSABLE BID AND PRO-
POSAL COSTS.—Section 2372a(d)(1) of title 10, United 
States Code, as added by section 824(b)(1) of the National 
Defense Authorization Act for Fiscal Year 2017 (Public 
Law 114–328), is amended by striking ‘‘If the Department 
of Defense exceeds the goal established under subsection (c) 
for a fiscal year, within 180 days after exceeding the goal’’ 
and inserting ‘‘If the amount of reimbursable bid and pro-
posal costs paid by the Department of Defense for a fiscal 
year exceeds .75 percent of the total aggregate industry sales 
to the Department for such fiscal year, within 180 days 
of exceeding such threshold’’. 
(b) INDEPENDENT RESEARCH
AND DEVELOPMENT 
COSTS: ALLOWABLE COSTS.—Section 2372(d) of title 10, 
United States Code, as amended by section 824(a)(1) of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328), is further amended by striking ‘‘sub-
section (c)(3)(A)’’ and inserting ‘‘subsection (c)(2)(A)’’. 
SEC. 816. NON-TRADITIONAL CONTRACTOR DEFINITION. 
Section 2302(9) of title 10, United States Code, is 
amended by striking ‘‘means an entity that is not currently 
performing’’ and inserting ‘‘means a specific business unit
321 
† HR 2810 PAP
or function with a unique entity identifier that is not cur-
rently performing’’. 
SEC. 817. REPEAL OF DOMESTIC SOURCE RESTRICTION RE-
LATED TO WEARABLE ELECTRONICS. 
Section 2533a(b)(2) of title 10, United States Code, is 
amended by inserting ‘‘(excluding wearable electronics)’’ 
after ‘‘Hand or measuring tools’’. 
SEC. 818. USE OF OUTCOME-BASED AND PERFORMANCE- 
BASED REQUIREMENTS FOR SERVICES CON-
TRACTS. 
(a) JUSTIFICATION REQUIREMENT FOR USE OF PER-
SONNEL AND LABOR HOUR REQUIREMENTS.—The Depart-
ment of Defense may not enter into a contract for the pro-
curement of services valued in excess of $10,000,000 based 
on specific descriptive personnel and labor hour require-
ments unless the program manager and contracting officer 
first submit to the Under Secretary of Defense for Acquisi-
tion and Sustainment a written justification including the 
reasons for basing the contract on those requirements in-
stead of outcome- or performance-based requirements. 
(b) COMPTROLLER GENERAL REPORT.—Not later than 
two years after the date of the enactment of this Act, the 
Comptroller General of the United States shall submit to 
the congressional defense committees a report on justifica-
tions submitted pursuant to subsection (a). The report shall
322 
† HR 2810 PAP
review the adequacy of the justifications and identify any 
reoccurring obstacles to the use of outcome- and perform-
ance-based requirements instead of specified personnel and 
labor hour requirements for purposes of awarding services 
contracts. 
(c) SUNSET.—The requirements under this section 
shall terminate at the close of September 30, 2022. 
SEC. 819. PILOT PROGRAM FOR LONGER TERM MULTIYEAR 
SERVICE CONTRACTS. 
(a) IN GENERAL.—The Secretary of Defense may use 
the authority under subsection (a) of section 2306c of title 
10, United States Code, to enter into up to five contracts 
for periods of not more than 10 years for services described 
in subsection (b) of such section. Each contract entered into 
pursuant to this subsection may be extended for up to five 
additional one-year terms. 
(b) STUDY.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of De-
fense shall enter into an agreement with an inde-
pendent organization with relevant expertise to study 
best practices and lessons learned from using services 
contracts for periods longer than five years by com-
mercial companies, foreign governments, and State 
governments, as well as service contracts for periods
323 
† HR 2810 PAP
longer than five years used by the Federal Govern-
ment, such as Energy Savings Performance Con-
tracts. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of De-
fense shall submit to the congressional defense com-
mittees a report on the study conducted under para-
graph (1). 
(c) COMPTROLLER GENERAL REPORT.—Not later than 
two years after the date of the enactment of this Act, the 
Comptroller General of the United States shall submit to 
the congressional defense committees a report on the pilot 
program carried out under this section. 
SEC. 820. IDENTIFICATION OF COMMERCIAL SERVICES. 
Section 876 of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2311) 
is amended— 
(1) by striking ‘‘Not later than’’ and inserting 
‘‘(a) IN GENERAL.—Not later than’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) 
IDENTIFICATION
OF
INDUSTRY
SUBCAT-
EGORIES.—In preparing the guidance required under sub-
section (a), the Secretary shall identify those industry sub-
categories in facilities-related services, knowledge-based
324 
† HR 2810 PAP
services (except engineering services), construction services, 
medical services, or transportation services in which there 
are significant numbers of commercial services providers 
able to meet the requirements of the Department of De-
fense.’’. 
SEC. 821. GOVERNMENT ACCOUNTABILITY OFFICE BID PRO-
TEST REFORMS. 
(a) IN GENERAL.—Chapter 137 of title 10, United 
States Code, as amended by section 812, is further amended 
by adding at the end the following new section: 
‘‘§ 2340. Government Accountability Office bid protests 
‘‘(a) PAYMENT OF COSTS FOR DENIED PROTESTS.— 
‘‘(1) IN GENERAL.—A contractor who files a pro-
test described under paragraph (2) with the Govern-
ment Accountability Office on a contract with the De-
partment of Defense shall pay to the Department of 
Defense costs incurred for processing a protest at the 
Government Accountability Office and the Depart-
ment of Defense. 
‘‘(2) COVERED PROTESTS.—A protest described 
under this paragraph is a protest— 
‘‘(A) all of the elements of which are denied 
in an opinion issued by the Government Ac-
countability Office; and
325 
† HR 2810 PAP
‘‘(B) filed by a party with revenues in ex-
cess of $100,000,000 during the previous year. 
‘‘(b) WITHHOLDING OF PAYMENTS ABOVE INCURRED 
COSTS OF INCUMBENT CONTRACTORS.— 
‘‘(1) IN GENERAL.—Contractors who file a pro-
test on a contract on which they are the incumbent 
contractor shall have all payments above incurred 
costs withheld on any bridge contracts or temporary 
contract extensions awarded to the contractor as a re-
sult of a delay in award resulting from the filing of 
such protest. 
‘‘(2) DISPOSITION
OF
WITHHELD
PAYMENTS 
ABOVE INCURRED COSTS.— 
‘‘(A) 
RELEASE
TO
INCUMBENT
CON-
TRACTOR.—All payments above incurred costs of 
a protesting incumbent contractor withheld pur-
suant to paragraph (1) shall be released to the 
protesting incumbent contractor if— 
‘‘(i) the solicitation that is the subject 
of the protest is cancelled and no subsequent 
request for proposal is released or planned 
for release; or 
‘‘(ii) if the Government Accountability 
Office issues an opinion that upholds any of 
the protest grounds filed under the protest.
326 
† HR 2810 PAP
‘‘(B) RELEASE TO AWARDEE.—Except for 
the exceptions set forth in subparagraph (A), all 
payments above incurred costs of a protesting in-
cumbent contractor withheld pursuant to para-
graph (1) shall be released to the contractor that 
was awarded the protested contract prior to the 
protest. 
‘‘(C) RELEASE
TO
DEPARTMENT
OF
DE-
FENSE IN EVENT OF NO CONTRACT AWARD.—Ex-
cept for the exceptions set forth in subparagraph 
(A), if a protested contract for which payments 
above incurred costs are withheld under para-
graph (1) is not awarded to a contractor, the 
withheld payments shall be released to the De-
partment of Defense and deposited into an ac-
count that can be used by the Department to off-
set costs associated with Government Account-
ability Office bid protests.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
such chapter, as amended by section 812(a)(2) of this Act, 
is further amended by inserting after the item relating to 
section 2339a the following new item: 
‘‘2340. Government Accountability Office bid protests.’’. 
SEC. 822. ENHANCED POST-AWARD DEBRIEFING RIGHTS. 
(a) RELEASE OF CONTRACT AWARD INFORMATION.— 
Not later than 120 days after the date of the enactment of
327 
† HR 2810 PAP
this Act, the Secretary of Defense shall revise the Depart-
ment of Defense Supplement to the Federal Acquisition Reg-
ulation to require that all required post-award debriefings 
must provide detailed and comprehensive statements of the 
agency’s rating for each evaluation criteria and of the agen-
cy’s overall award decision. With regard to protecting the 
confidential and proprietary information of other offerors, 
the revision shall encourage the release to the company of 
all information that otherwise would be releaseable in the 
course of a bid protest challenge to an award. At a min-
imum, the revisions shall include— 
(1) a requirement for disclosure of the agency’s 
written source selection award determination, re-
dacted if necessary to protect other offerors’ confiden-
tial and proprietary information; 
(2) a requirement for a combined written and 
oral debriefing for all contract awards and task or de-
livery orders valued at $10,000,000 or higher; 
(3) a requirement for an option, at an offerors’ 
election, for access to an unredacted copy of the source 
selection award determination and the supporting 
agency record for outside counsel or other appropriate 
outside representative for all contract awards and 
task or delivery orders valued at $10,000,000 or high-
er;
328 
† HR 2810 PAP
(4) provisions ensuring that both losing and 
winning offerors are entitled to the applicable en-
hanced post-award debriefing rights; and 
(5) robust procedures, consistent with section 
2305(b)(5)(C) of title 10, United States Code, and sec-
tion 15.506(e) of the Federal Acquisition Regulation, 
to protect the confidential and proprietary informa-
tion of other offerors. 
(b) OPPORTUNITY FOR FOLLOW-UP QUESTIONS.—Sec-
tion 2305(b)(5) of title 10, United States Code, is amend-
ed— 
(1) by redesignating subparagraphs (C), (D), 
and (E) as subparagraphs (D), (E), and (F), respec-
tively; 
(2) in subparagraph (B)— 
(A) in clause (v), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in clause (vi), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(vii) an opportunity for a disappointed of-
feror to submit within two business days of re-
ceiving a post-award debriefing additional, fol-
low-up questions related to the debriefing.’’; and
329 
† HR 2810 PAP
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) The agency shall respond in writing to ad-
ditional, follow-up questions submitted under sub-
paragraph (B) within five business days. The debrief-
ing will not be considered concluded until the agency 
delivers its written responses to the disappointed of-
feror.’’. 
(c) COMMENCEMENT
OF POST-BRIEFING PERIOD.— 
Section 3553(d)(4) of title 31, United States Code, is 
amended— 
(1) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii) respectively; 
(2) by striking ‘‘The period’’ and inserting ‘‘(A) 
The period’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) For procurements conducted by any compo-
nent of the Department of Defense, the five-day post- 
debriefing period does not commence until the day the 
Government delivers to a disappointed offeror the 
written responses to any questions submitted pursu-
ant to section 2305(5)(B)(vii) of title 10.’’. 
(d) DECISIONS ON PROTESTS.—Section 3554(a)(1) of 
title 31, United States Code, is amended by striking the
330 
† HR 2810 PAP
period at the end and inserting the following: ‘‘for all pro-
tests arising from agencies outside the Department of De-
fense and within 65 days after the date the protest is sub-
mitted to the Comptroller General for all protests arising 
from the Department of Defense and its subordinate agen-
cies. In protests arising from the Department of Defense 
and its subordinate agencies which present unusually com-
plex issues or large agency records, the Comptroller General 
may extend the time for decision but in no event later than 
100 days after the protest is submitted.’’. 
SEC. 823. LIMITATION ON UNILATERAL DEFINITIZATION. 
(a) LIMITATION.—Section 2326 of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (c), (d), (e), (f), 
(g), (h), and (i) as subsections (d), (e), (f), (g), (h), 
(i), and (j) respectively; and 
(2) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) LIMITATION ON UNILATERAL DEFINITIZATION BY 
THE CONTRACTING OFFICER.—The following limitation ap-
plies to all undefinitized contractual actions with a not to 
exceed value of $50,000,000 or greater: 
‘‘(1) If agreement is not reached on contractual 
terms, specifications, and price by a date certain, as 
required under subsection (b)(1), the contracting offi-
331 
† HR 2810 PAP
cer may not unilaterally definitize those terms, speci-
fications and price over the objection of the contractor 
until— 
‘‘(A) the head of the agency approves the 
definitization in writing; 
‘‘(B) the contracting officer provides the 
written approval to the contractor; and 
‘‘(C) the head of the agency notifies the con-
gressional defense committees of the approval. 
‘‘(2) The contract modification unilaterally de-
finitizing the action shall not take effect until 60 cal-
endar days after the congressional defense committees 
have been notified under subparagraph (C) of such 
paragraph.’’. 
(b) CONFORMING REGULATIONS.—Not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall revise the Department of Defense 
Supplement to the Federal Acquisition Regulations to con-
form with the amendments made by subsection (a).
332 
† HR 2810 PAP
SEC. 824. RESTRICTION ON USE OF REVERSE AUCTIONS 
AND LOWEST PRICE TECHNICALLY ACCEPT-
ABLE CONTRACTING METHODS FOR SAFETY 
EQUIPMENT. 
(a) IN GENERAL.—Section 814 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114– 
328) is amended— 
(1) in the section heading, by inserting ‘‘AND 
SAFETY EQUIPMENT’’ after ‘‘PERSONAL PROTEC-
TIVE EQUIPMENT’’; and 
(2) by inserting ‘‘and safety equipment’’ after 
‘‘personal protective equipment’’. 
(b) CONFORMING AMENDMENTS.—The tables of sec-
tions in section 2(b) of such Act and at the beginning of 
title VIII of such Act are amended in the item relating to 
section 814 by inserting ‘‘and safety equipment’’ after ‘‘per-
sonal protective equipment’’. 
SEC. 825. USE OF LOWEST PRICE TECHNICALLY ACCEPT-
ABLE SOURCE SELECTION PROCESS. 
(a) ADDITIONAL REQUIREMENTS.—Subsection (b) of 
section 813 of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328) is amended— 
(1) in paragraph (5), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (6), by striking the period at 
the end and inserting a semicolon; and
333 
† HR 2810 PAP
(3) by adding at the end the following new para-
graphs: 
‘‘(7) the Department of Defense would not realize 
any additional innovation or future technological ad-
vantage by using a different methodology; and 
‘‘(8) the items procured are predominantly ex-
pendable in nature, non-technical, or a short life ex-
pectancy or short shelf life.’’. 
(b) REPORTING REQUIREMENT.—Subsection (d) of 
such section is amended by striking ‘‘contract exceeding 
$10,000,000’’ 
and 
inserting 
‘‘contract 
exceeding 
$5,000,000’’. 
SEC. 826. MIDDLE TIER OF ACQUISITION FOR RAPID PROTO-
TYPE AND RAPID FIELDING. 
(a) ELIMINATION OF COST-SHARING REQUIREMENT.— 
Section 804(c)(2) of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 
note) is amended— 
(1) by striking subparagraph (C); and 
(2) by redesignating subparagraphs (D) and (E) 
as subparagraphs (C) and (D), respectively. 
(b) USE
OF SIMPLIFIED PROCEDURES.—Not later 
than 180 days after the date of the enactment of this Act, 
the Defense Acquisition Regulation Supplement shall be 
amended to provide for special simplified procedures for
334 
† HR 2810 PAP
purchases of property and services under the rapid proto-
typing and rapid fielding programs established under sec-
tion 804 of the National Defense Authorization Act for Fis-
cal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). 
SEC. 827. ELIMINATION OF COST UNDERRUNS AS FACTOR 
IN CALCULATION OF PENALTIES FOR COST 
OVERRUNS. 
(a) IN GENERAL.—Section 828 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114– 
92; 10 U.S.C. 2430 note) is amended— 
(1) in subsection (a), by striking ‘‘fiscal year 
2015’’ and inserting ‘‘fiscal years 2018, 2019, 2020, 
2021, and 2022’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘or 
underrun’’; 
(B) in paragraph (2), by striking ‘‘or 
underruns’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘and cost underruns’’; 
and 
(ii) by striking ‘‘or underruns’’; and 
(D) in paragraph (4), by striking ‘‘, except 
that the cost overrun penalty may not be a nega-
tive amount’’; and
335 
† HR 2810 PAP
(3) in subsection (c), by striking ‘‘each fiscal 
year beginning with fiscal year 2015’’ and inserting 
‘‘fiscal years 2018, 2019, 2020, 2021, and 2022’’. 
(b) PRIOR FISCAL YEARS.—The requirements of sec-
tion 828 of the National Defense Authorization Act for Fis-
cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 
as in effect on the day before the date of the enactment of 
this Act, shall continue to apply with respect to fiscal years 
beginning on or before October 1, 2016. 
SEC. 828. CONTRACT CLOSEOUT AUTHORITY. 
Section 836(b)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2286) is amended by striking ‘‘entered into prior to 
fiscal year 2000’’ and inserting ‘‘entered into at least 17 
years before the current fiscal year’’. 
SEC. 829. SERVICE CONTRACTS OF THE DEPARTMENT OF 
DEFENSE. 
(a) INCLUSION OF CERTAIN INFORMATION IN FUTURE- 
YEARS DEFENSE PROGRAM.—Each future-years defense 
program submitted to Congress pursuant to section 221of 
title 10, United States Code, for a fiscal year after fiscal 
year 2018 shall include an estimate of the cost and number 
of service contracts of the Department of Defense for each 
fiscal year covered by the future-years defense program. The 
estimate shall be set forth for the Department of Defense
336 
† HR 2810 PAP
as a whole and separately for each department, agency, or-
ganization, and element of the Department anticipated to 
use service contracts during the fiscal years covered by the 
future-years defense program concerned. 
(b) REQUIREMENT FOR CERTIFICATION AND BRIEF-
ING.—No study or competition regarding a public-private 
competition for the conversion to performance by a con-
tractor for any function performed by Department of De-
fense civilian employees may be begun or announced pursu-
ant to section 2461 of title 10, United States Code, or other-
wise pursuant to Office of Management and Budget Cir-
cular A–76, until such time as— 
(1) the future-years defense program submitted 
to Congress includes the information described in sub-
section (a); or 
(2) the Secretary of Defense certifies that the De-
partment has a plan to provide such information by 
the next fiscal year. 
SEC. 830. DEPARTMENT OF DEFENSE CONTRACTOR WORK-
PLACE SAFETY AND ACCOUNTABILITY. 
(a) IDENTIFICATION OF KNOWN WORKPLACE SAFETY 
AND HEALTH VIOLATIONS.— 
(1) IN GENERAL.—A contracting officer, prior to 
awarding or renewing a covered contract, shall, as 
part of the responsibility determination, consider any
337 
† HR 2810 PAP
identified violations of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 651 et seq.) or equiva-
lent State laws by the offeror, and by any covered 
subcontractors. 
(2) RESPONSIBILITY DETERMINATION.—The con-
tracting officer shall consider violations described in 
paragraph (1) in determining whether the offeror is 
a responsible source with a satisfactory record of per-
formance that meets mission and ethical standards. 
(3) REFERRAL OF INFORMATION TO SUSPENSION 
AND DEBARMENT OFFICIALS.—As appropriate, a con-
tracting officer shall refer matters related to viola-
tions described in paragraph (1) to the Department 
of Defense’s suspension and debarment official in ac-
cordance with Department procedures. 
(b) CONTRACTOR RIGHTS.—The Secretary of Defense 
shall establish policies and practices— 
(1) ensuring that when making responsibility de-
terminations, contracting officers request that con-
tractors provide any and all information the contrac-
tors deem necessary to demonstrate responsibility 
prior to final determinations; 
(2) establishing mechanisms for contractors to 
have an expedited process to review any information
338 
† HR 2810 PAP
used to support determinations of non-responsibility; 
and 
(3) establishing mechanisms for contractors to 
have an expedited process to appeal determinations of 
non-responsibility. 
(c) PROTEST RIGHTS.—The Secretary of Defense shall 
protect the rights of contractors to protest bids and appeal 
actions taken pursuant to this section. 
(d) TRAINING AND GUIDANCE.—The Secretary of De-
fense shall develop and provide clear training and guidance 
to acquisition officials, contracting officers, and current 
and potential contractors regarding implementation poli-
cies and practices for this section. 
(e) COMPTROLLER GENERAL REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the De-
partment of Defense and the congressional defense 
committees a report on the health and safety records 
of Department of Defense contractors. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) A description of the Department of De-
fense’s existing procedures to evaluate the safety
339 
† HR 2810 PAP
and health records of current and prospective 
contractors. 
(B) An evaluation of the Department’s ad-
herence to those procedures. 
(C) An assessment of the current incidence 
of health and safety violations by Department 
contractors. 
(D) An assessment of whether the Depart-
ment of Labor has the resources to investigate 
and identify safety and health violations by De-
partment of Defense contractors. 
(E) An assessment of whether the Depart-
ment of Labor should consider assuming an ex-
panded investigatory role or a targeted enforce-
ment program for ensuring the safety and health 
of workers under Department of Defense con-
tracts. 
(f) DEFINITIONS.—In this section: 
(1) COVERED
CONTRACT.—The term ‘‘covered 
contract’’ means a Department of Defense contract for 
the procurement of property or services, including 
construction, valued in excess of $1,000,000. 
(2) COVERED SUBCONTRACTOR.—The term ‘‘cov-
ered subcontractor’’ means a subcontractor listed in 
the bid for a covered contract or known by the De-
340 
† HR 2810 PAP
partment of Defense to be a subcontractor of the offer-
or. 
SEC. 831. DEPARTMENT OF DEFENSE PROMOTION OF CON-
TRACTOR COMPLIANCE WITH EXISTING LAW. 
It is the sense of Congress that— 
(1) the Department of Defense should aim to en-
sure that parties contracting with the Federal Gov-
ernment abide by existing law, including worker pro-
tection laws; 
(2) worker protection laws, including chapter 43 
of title 38, United States Code (commonly known as 
the ‘‘Uniformed Services Employment and Reemploy-
ment Rights Act of 1994’’ or ‘‘USERRA’’) and the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.), were enacted to ensure equitable work-
place practices; 
(3) identifying and helping to improve the com-
pliance of contractors with worker protection viola-
tions will help avoid setbacks and delays stemming 
from contracting with noncompliant contractors; and 
(4) the Secretary of Defense has the authority to 
ensure contractors’ compliance with existing laws and 
should establish a goal to work with responsible con-
tractors who are in compliance with worker protec-
tion laws.
341 
† HR 2810 PAP
Subtitle C—Provisions Relating to 
Major Defense Acquisition Pro-
grams 
SEC. 835. REVISIONS TO DEFINITION OF MAJOR DEFENSE 
ACQUISITION PROGRAM. 
Section 2430(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)(B), by inserting ‘‘in the 
case of a program that is not a program for the ac-
quisition of an automated information system (either 
a product or a service),’’ after ‘‘(B)’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘does not include an acqui-
sition program’’ and inserting the following: 
‘‘does not include— 
‘‘(A) an acquisition program’’; and 
(B) by striking the period at the end and 
inserting the following: ‘‘; or 
‘‘(B) an acquisition program for a defense busi-
ness system (as defined in section 2222(i)(1) of this 
title) carried out using the acquisition guidance 
issued pursuant to section 883(e) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 10 U.S.C. 2223a note).’’.
342 
† HR 2810 PAP
SEC. 836. PROHIBITION ON USE OF LOWEST PRICE TECH-
NICALLY ACCEPTABLE SOURCE SELECTION 
PROCESS FOR MAJOR DEFENSE ACQUISITION 
PROGRAMS. 
(a) PROHIBITION.— 
(1) IN
GENERAL.—Chapter 144 of title 10, 
United States Code, is amended by inserting after sec-
tion 2441 the following new section: 
‘‘§ 2442. Prohibition on use of lowest price technically 
acceptable source selection process 
‘‘(a) IN GENERAL.—The Department of Defense shall 
not use a lowest price technically acceptable source selection 
process for the development contract of a major defense ac-
quisition program. 
‘‘(b) NOTIFICATION.—(1) The Secretary of Defense 
shall submit to the congressional defense committees a noti-
fication of the source selection process that the Department 
of Defense plans to use for the development contract of a 
major defense acquisition program. 
‘‘(2) The notification required under paragraph (1) 
shall be submitted at the same time that the President sub-
mits under section 1105 of title 31 the budget in which 
budget authority is requested for the development contract 
of a major defense acquisition program. If the Department 
of Defense has not yet determined the source selection proc-
ess for the development contract at the time that budget au-
343 
† HR 2810 PAP
thority for the development contract is requested, the De-
partment of Defense shall submit the notification not later 
than 30 days before release of the request for proposals for 
the development contract. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) LOWEST PRICE TECHNICALLY ACCEPTABLE 
SOURCE SELECTION PROCESS.—The term ‘lowest price 
technically acceptable source selection process’ has the 
meaning given that term in part 15 of the Federal 
Acquisition Regulation. 
‘‘(2) MAJOR DEFENSE ACQUISITION PROGRAM.— 
The term ‘major defense acquisition program’ has the 
meaning given that term in section 2430 of this title. 
‘‘(3) DEVELOPMENT CONTRACT.—The term ‘de-
velopment contract’ means a prime contract for the 
development of a major defense acquisition pro-
gram.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 2441 the 
following new item: 
‘‘2442. Prohibition on use of lowest price technically acceptable source selection 
process.’’. 
(b) APPLICABILITY.—The requirements of section 2442 
of title 10, United States Code, as added by subsection (a), 
shall apply to major defense acquisition programs for which
344 
† HR 2810 PAP
budgetary authority is requested for fiscal year 2019 or a 
subsequent fiscal year. 
SEC. 837. ROLE OF THE CHIEF OF THE ARMED FORCE IN 
MATERIAL DEVELOPMENT DECISION AND AC-
QUISITION SYSTEM MILESTONES. 
Section 2547(b) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(1) The Secretary’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) Consistent with the performance of duties under 
subsection (a), the Chief of the armed force concerned, with 
respect to major defense acquisition programs, shall— 
‘‘(A) concur with the need for a material solu-
tion as identified in the Material Development Deci-
sion Review prior to entry into the Material Solution 
Analysis Phase under Department of Defense Instruc-
tion 5000.02; 
‘‘(B) concur with the cost, schedule, technical fea-
sibility, and performance trade-offs that have been 
made with regard to the program before Milestone A 
approval is granted under section 2366a of this title; 
‘‘(C) concur that appropriate trade-offs among 
cost, schedule, technical feasibility, and performance
345 
† HR 2810 PAP
objectives have been made to ensure that the program 
is affordable when considering the per unit cost and 
the total life-cycle cost before Milestone B approval is 
granted under section 2366b of this title; and 
‘‘(D) concur that the requirements in the pro-
gram capability document are necessary and realistic 
in relation to program cost and fielding targets as re-
quired by paragraph (1) before Milestone C approval 
is granted.’’. 
Subtitle D—Provisions Related to 
Acquisition Workforce 
SEC. 841. TRAINING IN COMMERCIAL ITEMS PROCURE-
MENT. 
(a) TRAINING.—Not later than one year after the date 
of the enactment of this Act, the President of the Defense 
Acquisition University shall establish a comprehensive 
training program on part 12 of the Federal Acquisition 
Regulation. The training shall cover, at a minimum, the 
following topics: 
(1) The origin of part 12 and the congressional 
mandate to prefer commercial procurements. 
(2) The definition of a commercial item, with a 
particular focus on the ‘‘of a type’’ concept. 
(3) Price analysis and negotiations. 
(4) Market research and analysis.
346 
† HR 2810 PAP
(5) Independent cost estimates. 
(6) Parametric estimating methods. 
(7) Value analysis. 
(8) Best practices in pricing from commercial 
sector organizations, foreign government organiza-
tions, and other Federal, state, and local public sec-
tors organizations. 
(9) Other topics on commercial procurements 
necessary to ensure a well-educated acquisition work-
force. 
(b) ENROLLMENTS GOALS.—The President of the De-
fense Acquisition University shall set goals for student en-
rollment for the comprehensive training program estab-
lished under subsection (a). 
(c) SUPPORTING ACTIVITIES.—The Secretary of De-
fense shall establish, in support of the achievement of the 
goals of this section— 
(1) a university research program to engage aca-
demic experts on research topics of interest to improve 
commercial item identification and pricing meth-
odologies; and 
(2) a set of exchange and interface opportunities 
between government personnel experts to increase 
awareness of best practices and challenges in commer-
cial item identification and pricing.
347 
† HR 2810 PAP
(d) FUNDING.—The Secretary of Defense shall use 
amounts available in the Department of Defense Acquisi-
tion Workforce Development Fund established under section 
1705 of title 10, United States Code, to fund the comprehen-
sive training program established under subsection (a). 
SEC. 842. MODIFICATION OF DEFINITION OF ACQUISITION 
WORKFORCE TO INCLUDE PERSONNEL EN-
GAGED IN THE ACQUISITION OR DEVELOP-
MENT OF CYBERSECURITY SYSTEMS. 
Section 1705(h)(2)(A) of title 10, United States Code, 
is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(A)’’; 
(2) by striking ‘‘; and’’ and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(ii) are engaged in the acquisition or de-
velopment of systems relating to cybersecurity; 
and’’. 
SEC. 843. TRAINING AND SUPPORT FOR PROGRAMS PUR-
SUING AGILE ACQUISITION METHODS. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense, 
in consultation with the President of the Defense Acquisi-
tion University, shall establish an in-resident targeted
348 
† HR 2810 PAP
training course at the Defense Acquisition University on 
Agile Acquisition. 
(b) COURSE COMPONENTS.—The course shall include 
the following elements: 
(1) Training designed to instill a common un-
derstanding of all functional roles and dependencies 
involved in developing and producing a capability 
using Agile processes. 
(2) An exercise involving teams composed of per-
sonnel from pertinent functions and functional orga-
nizations engaged in developing an integrated Agile 
Acquisition approach for a specific program. 
(c) COURSE ATTENDANCE.—The course shall be— 
(1) available for certified acquisition personnel 
from all program offices using Agile Acquisition 
methods; and 
(2) mandatory for personnel from other relevant 
organizations in each of the military services and De-
fense Agencies, including organizations responsible for 
engineering, budgeting, contracting, test and evalua-
tion, requirements validation, and certification and 
accreditation, that support those program offices. 
(d) AGILE ACQUISITION COACH.— 
(1) IN GENERAL.—The Secretary and the senior 
acquisition executives in each of the military services