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payments, be entitled to use commissary and exchange 
stores in the same manner as provided in subsection (j) 
of section 1059 of this title. 
‘‘(f) COORDINATION OF BENEFITS.—The Secretary 
concerned may not make payments to a spouse or former 
spouse under both this section and section 1059 or 
1408(h)(1) of this title. In the case of a spouse or former 
spouse for whom a court order provides for payments by 
the Secretary pursuant to section 1408(h)(1) of this title 
and to whom the Secretary offers payments under this sec-
tion or section 1059, the spouse or former spouse shall 
elect which payments to receive. 
‘‘(g) REGULATIONS.—If the Secretary of Defense (or 
the Secretary of Homeland Security with respect to the 
Coast Guard when it is not operating as a service in the 
Navy) establishes a program to provide transitional com-
pensation under this section, that Secretary shall prescribe 
regulations to carry out the program. 
‘‘(h) DEPENDENT CHILD DEFINED.—In this section, 
the term ‘dependent child’, with respect to a member or 
former member of the armed forces referred to in sub-
section (b), has the meaning given such term in subsection 
(l) of section 1059 of this title, except that status as a 
‘dependent child’ shall be determined as of the date on 
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which the member described in subsection (b) is convicted 
of the offense concerned.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 53 of such title is amended 
by inserting after the item relating to section 1059 the 
following new item: 
‘‘1059a. Dependents of certain members separated for Uniform Code of Military 
Justice offenses: transitional compensation; commissary and 
exchange benefits.’’. 
(c) CONFORMING AMENDMENT.—Subsection (i) of 
section 1059 of title 10, United States Code, is amended 
to read as follows: 
‘‘(i) COORDINATION OF BENEFITS.—The Secretary 
concerned may not make payments to a spouse or former 
spouse under both this section and section 1059a or 
1408(h)(1) of this title. In the case of a spouse or former 
spouse for whom a court order provides for payments by 
the Secretary pursuant to section 1408(h)(1) of this title 
and to whom the Secretary offers payments under this sec-
tion or section 1059a, the spouse or former spouse shall 
elect which payments to receive.’’. 
SEC. 622. PREVENTION OF RETIRED PAY INVERSION FOR 
MEMBERS WHOSE RETIRED PAY IS COM-
PUTED USING HIGH-THREE AVERAGE. 
(a) CLARIFICATION OF RULE FOR MEMBERS WHO 
BECAME MEMBERS ON OR AFTER SEPTEMBER 8, 1980.— 
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Section 1401a(f)(1) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘Notwithstanding any other pro-
vision of law, the monthly retired pay of a member 
or a former member of an armed force’’ and insert-
ing the following: 
‘‘(A) MEMBERS WITH RETIRED PAY COM-
PUTED USING FINAL BASIC PAY.—The monthly 
retired pay of a member or former member of 
an armed force who first became a member of 
a uniformed service before September 8, 1980, 
and’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) MEMBERS WITH RETIRED PAY COM-
PUTED
USING
HIGH-THREE.—Subject to sub-
sections (d) and (e), the monthly retired pay of 
a member or former member of an armed force 
who first became a member of a uniformed 
service on or after September 8, 1980, may not 
be less, on the date on which the member or 
former member initially becomes entitled to 
such pay, than the monthly retired pay to which 
the member or former member would be enti-
tled on that date if the member or former mem-
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ber had become entitled to retired pay on an 
earlier date, adjusted to reflect any applicable 
increases in such pay under this section. How-
ever, in the case of a member or former mem-
ber whose retired pay is computed subject to 
section 1407(f) of this title, subparagraph (A) 
(rather than the preceding sentence) shall apply 
in the same manner as if the member or former 
member first became a member of a uniformed 
service before September 8, 1980, but only with 
respect to a calculation as of the date on which 
the member or former member first became en-
titled to retired pay.’’. 
(b) APPLICABILITY.—Subparagraph (B) of section 
1401a(f)(1) of title 10, United States Code, as added by 
subsection (a)(2), applies to the computation of retired 
pay or retainer pay of any member or former member of 
an Armed Force who first became a member of a uni-
formed service on or after September 8, 1980, regardless 
of the date on which the member first becomes entitled 
to retired or retainer pay. 
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Subtitle D—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits and Operations 
SEC. 631. EXPANSION OF PROTECTION OF EMPLOYEES OF 
NONAPPROPRIATED FUND INSTRUMENTAL-
ITIES FROM REPRISALS. 
Section 1587(b) of title 10, United States Code, is 
amended by striking ‘‘take or fail to take’’ and inserting 
‘‘take, threaten to take, or fail to take’’. 
SEC. 632. PURCHASE OF SUSTAINABLE PRODUCTS, LOCAL 
FOOD PRODUCTS, AND RECYCLABLE MATE-
RIALS FOR RESALE IN COMMISSARY AND EX-
CHANGE STORE SYSTEMS. 
(a) IMPROVED
PURCHASING
EFFORTS.—Section 
2481(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(3)(A) The governing body established pursuant to 
paragraph (2) shall endeavor to increase the purchase for 
resale at commissary stores and exchange stores of sus-
tainable products, local food products, and recyclable ma-
terials. 
‘‘(B) As part of its efforts under subparagraph (A), 
the governing body shall develop— 
‘‘(i) guidelines for the identification of fresh 
meat, poultry, seafood, and fish, fresh produce, and 
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other products raised or produced through sustain-
able methods; and 
‘‘(ii) goals, applicable to all commissary stores 
and exchange stores world-wide, to maximize, to the 
maximum extent practical, the purchase of sustain-
able products, local food products, and recyclable 
materials by September 30, 2018.’’. 
(b) DEADLINE FOR ESTABLISHMENT AND GUIDE-
LINES.—The initial guidelines required by paragraph 
(3)(B)(i) of section 2481(c) of title 10, United States 
Code, as added by subsection (a), shall be issued not later 
than two years after the date of the enactment of this Act. 
SEC. 633. CORRECTION OF OBSOLETE REFERENCES TO 
CERTAIN NONAPPROPRIATED FUND INSTRU-
MENTALITIES. 
Section 2105(c) of title 5, United States Code, is 
amended by striking ‘‘Army and Air Force Motion Picture 
Service, Navy Ship’s Stores Ashore’’ and inserting ‘‘Navy 
Ships Stores Program’’. 
SEC. 634. EXCHANGE STORE SYSTEM PARTICIPATION IN 
THE ACCORD ON FIRE AND BUILDING SAFE-
TY IN BANGLADESH. 
(a) SPECIAL PROCUREMENT GUIDANCE FOR GAR-
MENTS MANUFACTURED IN BANGLADESH.—The senior 
official of the Department of Defense designated pursuant 
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(c) EFFECTIVE DATE.—The requirements imposed 
by this section shall take effect 90 days after the date of 
the enactment of this Act or as soon after that date as 
the Secretary of Defense determines to be practicable so 
as to avoid disruption in garment supplies for the ex-
change store system. 
Subtitle E—Other Matters 
SEC. 641. AUTHORITY TO PROVIDE CERTAIN EXPENSES 
FOR CARE AND DISPOSITION OF HUMAN RE-
MAINS RETAINED BY THE DEPARTMENT OF 
DEFENSE FOR FORENSIC PATHOLOGY INVES-
TIGATION. 
(a) DISPOSITION OF REMAINS OF PERSONS WHOSE 
DEATH IS INVESTIGATED BY THE ARMED FORCES MED-
ICAL EXAMINER.— 
(1) COVERED DECEDENTS.—Section 1481(a) of 
title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
‘‘(10) To the extent authorized under section 
1482(g) of this title, any person not otherwise cov-
ered by the preceding paragraphs whose remains (or 
partial remains) have been retained by the Secretary 
concerned for purposes of a forensic pathology inves-
tigation by the Armed Forces Medical Examiner 
under section 1471 of this title.’’. 
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(2) AUTHORIZED
EXPENSES
RELATING
TO 
CARE AND DISPOSITION OF REMAINS.—Section 1482 
of such title is amended by adding at the end the 
following new subsection: 
‘‘(g)(1) The payment of expenses incident to the re-
covery, care, and disposition of the remains of a decedent 
covered by section 1481(a)(10) of this title is limited to 
those expenses that, as determined under regulations pre-
scribed by the Secretary of Defense, would not have been 
incurred but for the retention of those remains for pur-
poses of a forensic pathology investigation by the Armed 
Forces Medical Examiner under section 1471 of this title. 
The Secretary concerned shall pay all other expenses au-
thorized to be paid under this section only on a reimburs-
able basis. Amounts reimbursed to the Secretary con-
cerned under this subsection shall be credited to appro-
priations available at the time of reimbursement for the 
payment of such expenses. 
‘‘(2) In a case covered by paragraph (1), if the person 
designated under subsection (c) to direct disposition of the 
remains of a decedent does not direct disposition of the 
remains that were retained for the forensic pathology in-
vestigation, the Secretary may pay for the transportation 
of those remains to, and interment or inurnment of those 
remains in, an appropriate place selected by the Secretary, 
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in lieu of the transportation authorized to be paid under 
subsection (a)(8). 
‘‘(3) In a case covered by paragraph (1), expenses 
that may be paid do not include expenses with respect to 
an escort under subsection (a)(8), whether or not on a 
reimbursable basis.’’. 
(b) CLARIFICATION OF COVERAGE OF INURNMENT.— 
Section 1482(a)(9) of such title is amended by inserting 
‘‘or inurnment’’ after ‘‘Interment’’. 
(c) TECHNICAL AMENDMENT.—Section 1482(f) of 
such title is amended in the third sentence by striking 
‘‘this subsection’’ and inserting ‘‘this section’’. 
SEC. 642. PROVISION OF STATUS UNDER LAW BY HON-
ORING CERTAIN MEMBERS OF THE RESERVE 
COMPONENTS AS VETERANS. 
(a) VETERAN STATUS.— 
(1) IN GENERAL.—Chapter 1 of title 38, United 
States Code, is amended by inserting after section 
107 the following new section: 
‘‘§ 107A. Honoring as veterans certain persons who 
performed service in the reserve compo-
nents 
‘‘Any person who is entitled under chapter 1223 of 
title 10 to retired pay for nonregular service or, but for 
age, would be entitled under such chapter to retired pay 
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for nonregular service shall be honored as a veteran but 
shall not be entitled to any benefit by reason of this sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 107 
the following new item: 
‘‘107A. Honoring as veterans certain persons who performed service in the re-
serve components.’’. 
(b) CLARIFICATION
REGARDING
BENEFITS.—No 
person may receive any benefit under the laws adminis-
tered by the Secretary of Veterans Affairs solely by reason 
of section 107A of title 38, United States Code, as added 
by subsection (a). 
SEC. 643. SURVEY OF MILITARY PAY AND BENEFITS PREF-
ERENCES. 
(a) SURVEY REQUIRED.—The Secretary of Defense 
shall carry out a anonymous survey of random members 
of the Armed Forces regarding military pay and benefits. 
(b) CONTENT OF SURVEY.—A survey under this sec-
tion shall be conducted for the purpose of soliciting infor-
mation on the following: 
(1) The value that members of the Armed 
Forces place on the following forms of compensation 
relative to one another: 
(A) Basic pay. 
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(B) Allowances for housing and subsist-
ence. 
(C) Bonuses and special pays. 
(D) Dependent healthcare benefits. 
(E) Healthcare benefits for retirees under 
65 years old. 
(F) Healthcare benefits for Medicare-eligi-
ble retirees. 
(G) Retirement pay. 
(2) How the members value different levels of 
pay or benefits, including the impact of co-payments 
or deductibles on the value of benefits. 
(3) Any other issues related to military pay and 
benefits as the Secretary of Defense considers ap-
propriate. 
(4) How information collected pursuant to a 
previous paragraph varies by age, rank, dependent 
status, and other factors the Secretary of Defense 
considers appropriate. 
(c) SUBMISSION OF RESULTS.—Upon the completion 
of a survey conducted under this section, the Secretary 
of Defense shall submit to Congress and make publicly 
available a report containing the results of the survey, in-
cluding both the analyses and the raw data collected. 
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SEC. 644. TRANSPORTATION ON MILITARY AIRCRAFT ON A 
SPACE-AVAILABLE BASIS FOR DISABLED VET-
ERANS WITH A SERVICE-CONNECTED, PER-
MANENT DISABILITY RATED AS TOTAL. 
(a) AVAILABILITY
OF TRANSPORTATION.—Section 
2641b of title 10, United States Code, as amended by sec-
tion 622 of National Defense Authorization Act for Fiscal 
Year 2013, is further amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) SPECIAL PRIORITY
FOR CERTAIN DISABLED 
VETERANS.—(1) The Secretary of Defense shall provide, 
at no additional cost to the Department of Defense and 
with no aircraft modification, transportation on scheduled 
and unscheduled military flights within the continental 
United States and on scheduled overseas flights operated 
by the Air Mobility Command on a space-available basis 
for any veteran with a service-connected, permanent dis-
ability rated as total. 
‘‘(2) Notwithstanding subsection (d)(1), in estab-
lishing space-available transportation priorities under the 
travel program, the Secretary shall provide transportation 
under paragraph (1) on the same basis as such transpor-
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tation is provided to members of the armed forces entitled 
to retired or retainer pay. 
‘‘(3) The requirement to provide transportation on 
Department of Defense aircraft on a space-available basis 
on the priority basis described in paragraph (2) to vet-
erans covered by this subsection applies whether or not 
the travel program is established under this section. 
‘‘(4) In this subsection, the terms ‘veteran’ and ‘serv-
ice-connected’ have the meanings given those terms in sec-
tion 101 of title 38.’’. 
(b) EFFECTIVE DATE.—Subsection (f) of section 
2641b of title 10, United States Code, as added by sub-
section (a), shall take effect at the end of the 90-day pe-
riod beginning on the date of the enactment of this Act. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—Improvements to 
Health Benefits 
SEC. 701. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 
OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 1074m of title 10, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
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(A) by redesignating subparagraph (B) 
and (C) as subparagraph (C) and (D), respec-
tively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) Once during each 180-day period 
during which a member is deployed.’’; and 
(2) in subsection (c)(1)(A)— 
(A) in clause (i), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) by redesignating clause (ii) as clause 
(iii); and 
(C) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) by personnel in deployed units 
whose responsibilities include providing 
unit health care services if such personnel 
are available and the use of such personnel 
for the assessments would not impair the 
capacity of such personnel to perform 
higher priority tasks; and’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
1074m(a)(2) of title 10, United States Code, is amended 
by striking ‘‘subparagraph (B) and (C)’’ and inserting 
‘‘subparagraph (C) and (D)’’. 
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SEC. 702. PERIODIC MENTAL HEALTH ASSESSMENTS FOR 
MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1074m 
the following new section: 
‘‘§ 1074n. Periodic mental health assessments for 
members of the armed forces 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
provide periodic, person-to-person mental health assess-
ments to each member of the armed forces serving on ac-
tive duty. 
‘‘(b) FREQUENCY.—The Secretary shall determine 
the frequency of the mental health assessments provided 
under subsection (a). 
‘‘(c) ELEMENTS.—(1) The mental health assessments 
provided under subsection (a) shall meet the requirements 
for mental health assessments as described in section 
1074m(c)(1) of this title. 
‘‘(2) The Secretary may treat health assessments and 
other person-to-person assessments that are provided to 
members of the armed forces, including examinations 
under sections 1074f and 1074m of this title, as meeting 
the requirements for mental health assessments required 
under subsection (a) if the Secretary determines that such 
assessments and person-to-person assessments meet the 
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requirements for mental health assessments established by 
this section. 
‘‘(d) SHARING OF INFORMATION.—Section 1074m(e) 
of this title, regarding the sharing of information with the 
Secretary of Veterans Affairs, shall apply to mental health 
assessments provided under subsection (a). 
‘‘(e) REGULATIONS.—The Secretary of Defense, in 
consultation with the other administering Secretaries, 
shall prescribe regulations for the administration of this 
section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1074m the following new 
item: 
‘‘1074n. Periodic mental health assessments for members of the armed forces.’’. 
SEC. 703. BEHAVIORAL HEALTH TREATMENT OF DEVELOP-
MENTAL DISABILITIES UNDER TRICARE. 
(a) IN GENERAL.—Section 1077 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(g)(1) Subject to paragraph (3)(A), in providing 
health care under subsection (a), the treatment of develop-
mental disabilities (as defined by section 102(8) of the De-
velopmental Disabilities Assistance and Bill of Rights Act 
of 2000 (42 U.S.C. 15002(8))), including autism spec-
trum disorder, shall include behavioral health treatment, 
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including applied behavior analysis, when prescribed by a 
physician. 
‘‘(2) In carrying out this subsection, the Secretary 
shall ensure that— 
‘‘(A) except as provided by subparagraph (B), 
a person who is authorized to provide behavioral 
health treatment is licensed or certified by a State 
or accredited national certification board; and 
‘‘(B) applied behavior analysis or other behav-
ioral health treatment may be provided by an em-
ployee, contractor, or trainee of a person described 
in subparagraph (A) if the employee, contractor, or 
trainee meets minimum qualifications, training, and 
supervision requirements as set forth by the Sec-
retary. 
‘‘(3)(A) This subsection shall not apply to— 
‘‘(i) a medicare eligible beneficiary (as defined 
in section 1111(b) of this title); or 
‘‘(ii) a covered beneficiary who is a beneficiary 
by reason of being a retired member of the Coast 
Guard, the Commissioned Corp of the National Oce-
anic and Atmospheric Administration, or the Com-
missioned Corp of the Public Health Service, or by 
being a dependent of such a retired member. 
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‘‘(B) Except as provided in subparagraph (A), noth-
ing in this subsection shall be construed as limiting or oth-
erwise affecting the benefits otherwise provided to a cov-
ered beneficiary under— 
‘‘(i) this chapter; 
‘‘(ii) title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.); or 
‘‘(iii) any other law.’’. 
(b) FUNDING.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section 
1406 for the Defense Health Program, as specified 
in the corresponding funding table in section 4501, 
for Private Sector Care is hereby increased by 
$60,000,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 4301 for 
operation and maintenance, as specified in the cor-
responding funding table in section 4301, for the Of-
fice of the Secretary of Defense (Line 280) is hereby 
reduced by $60,000,000. 
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SEC. 704. EXTENSION OF TRANSITIONAL ASSISTANCE MAN-
AGEMENT PROGRAM. 
(a) TELEMEDICINE.—In carrying out the Transi-
tional Assistance Management Program, the Secretary of 
Defense shall extend the coverage of such program to indi-
viduals by an additional 180 days for treatment provided 
through telemedicine. 
(b) MENTAL HEALTH CARE AND BEHAVIORAL SERV-
ICES.— 
(1) IN GENERAL.—The Secretary shall extend 
the coverage of the Transitional Assistance Manage-
ment Program for covered treatment to covered indi-
viduals for a period determined necessary by a 
health care professional treating the covered indi-
vidual. 
(2) DEFINITIONS.—In this subsection: 
(A) The term ‘‘covered individual’’ means 
an individual who— 
(i) during the initial 180-day period of 
being enrolled in the Transitional Assist-
ance Management Program, received any 
mental health care treatment or covered 
treatment; or 
(ii) during the one-year period pre-
ceding separation or discharge from the 
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Armed Forces, received any mental health 
care treatment. 
(B) The term ‘‘covered treatment’’ means 
behavioral services provided through telemedi-
cine. 
(3) SUNSET.—The authority of the Secretary to 
carry out paragraph (1) shall terminate on Decem-
ber 31, 2018, if the Secretary determines that by 
that date the suicide rates for both members of the 
Armed Forces serving on active duty and for mem-
bers of a reserve component are 50 percent less than 
such rates as of December 31, 2012. 
(c) TELEMEDICINE DEFINED.—In this section, the 
term ‘‘telemedicine’’ means the use by a health care pro-
vider of telecommunications to assist in the diagnosis or 
treatment of a patient’s medical condition, including for 
behavioral services. 
SEC. 705. COMPREHENSIVE POLICY ON IMPROVEMENTS TO 
CARE AND TRANSITION OF SERVICE MEM-
BERS WITH UROTRAUMA. 
(a) COMPREHENSIVE POLICY REQUIRED.— 
(1) IN GENERAL.—Not later than January 1, 
2014, the Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly develop and implement 
a comprehensive policy on improvements to the care, 
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management, and transition of recovering service 
members with urotrauma. 
(2) SCOPE OF POLICY.—The policy shall cover 
each of the following: 
(A) The care and management of the spe-
cific needs of service members who are 
urotrauma patients, including eligibility for the 
Recovery Care Coordinator Program pursuant 
to the Wounded Warrior Act (10 U.S.C. 1071 
note). 
(B) The return of service members who 
have recovered to active duty when appropriate. 
(C) The transition of recovering service 
members from receipt of care and services 
through the Department of Defense to receipt 
of care and services through the Department of 
Veterans Affairs. 
(3) CONSULTATION.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall develop 
the policy in consultation with the heads of other ap-
propriate departments and agencies of the Federal 
Government, with representatives of military service 
organizations representing the interests of service 
members who are urotrauma patients and with ap-
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propriate nongovernmental organizations having an 
expertise in matters relating to the policy. 
(b) REPORT.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly submit to Congress 
a report that includes a review identifying and options for 
responding to gaps in the care of service members who 
are urotrauma patients. 
Subtitle B—Health Care 
Administration 
SEC. 711. FUTURE AVAILABILITY OF TRICARE PRIME FOR 
CERTAIN 
BENEFICIARIES 
ENROLLED 
IN 
TRICARE PRIME. 
Section 732 of the National Defense Authorization 
Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 
1816) is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting the following new subsection: 
‘‘(b) ACCESS TO TRICARE PRIME.— 
‘‘(1) ONE-TIME
ELECTION.—Subject to para-
graph (3), the Secretary shall ensure that each af-
fected eligible beneficiary who is enrolled in 
TRICARE Prime as of September 30, 2013, may 
make a one-time election to continue such enroll-
ment in TRICARE Prime, notwithstanding that a 
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contract described in subsection (a)(2)(A) does not 
allow for such enrollment based on the location in 
which such beneficiary resides. The beneficiary may 
continue such enrollment in TRICARE Prime so 
long as the beneficiary resides in the same ZIP code 
as the ZIP Code in which the beneficiary resided at 
the time of such election. 
‘‘(2) ENROLLMENT IN TRICARE STANDARD.—If 
an affected eligible beneficiary makes the one-time 
election under paragraph (1), the beneficiary may 
thereafter elect to enroll in TRICARE Standard at 
any time in accordance with a contract described in 
subsection (a)(2)(A). 
‘‘(3) RESIDENCE AT TIME OF ELECTION.—An 
affected eligible beneficiary may not make the one- 
time election under paragraph (1) if, at the time of 
such election, the beneficiary does not reside in a 
ZIP code that is in a region described in subsection 
(c)(1)(B).’’. 
SEC. 712. COOPERATIVE HEALTH CARE AGREEMENTS BE-
TWEEN THE MILITARY DEPARTMENTS AND 
NON-MILITARY HEALTH CARE ENTITIES. 
Section 713 of the National Defense Authorization 
Act of 2010 (Public Law 111–84; 10 U.S.C. 1073 note) 
is amended— 
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(1) in subsection (a), by striking ‘‘Secretary of 
Defense’’ and inserting ‘‘Secretary concerned’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Secretary shall’’ and in-
serting ‘‘Secretary concerned shall’’; 
(B) in paragraph (1)(A), by inserting ‘‘if 
the Secretary establishing such agreement is 
the Secretary of Defense’’ before the semicolon; 
and 
(C) in paragraph (3), by inserting ‘‘or the 
military department concerned’’ after ‘‘the De-
partment of Defense’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) SECRETARY CONCERNED DEFINED.—In this 
section, the term ‘Secretary concerned’ means— 
‘‘(1) the Secretary of a military department; or 
‘‘(2) the Secretary of Defense.’’. 
SEC. 713. LIMITATION ON AVAILABILITY OF FUNDS FOR IN-
TEGRATED ELECTRONIC HEALTH RECORD 
PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2014 for procurement or research, development, 
test, and evaluation for the Department of Defense for 
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the integrated electronic health record program, not more 
than 75 percent may be obligated or expended until a pe-
riod of 30 days has elapsed following the date on which 
the Secretary of Defense submits to the congressional de-
fense committees a report detailing an analysis of alter-
natives for the plan of the Secretary to proceed with such 
program. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include the following: 
(1) A description of the key performance re-
quirements for the integrated electronic health 
record program capability. 
(2) An analysis of alternatives for how to ac-
quire and implement an integrated electronic health 
record capability that meets such requirements. 
(3) An assessment of the budgetary resources 
and timeline required for each of the evaluated alter-
natives. 
(4) A recommendation by the Secretary with re-
spect to the alternative preferred by the Secretary. 
SEC. 714. PILOT PROGRAM ON INCREASED THIRD-PARTY 
COLLECTION 
REIMBURSEMENTS 
IN 
MILI-
TARY MEDICAL TREATMENT FACILITIES. 
(a) PILOT PROGRAM.— 
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(1) IN GENERAL.—The Secretary of Defense, in 
coordination with the Secretaries of the military de-
partments, shall carry out a pilot program to dem-
onstrate and assess the feasibility of implementing 
processes described in paragraph (2) to increase the 
amounts collected under section 1095 of title 10, 
United States Code, from a third-party payer for 
charges for health care services incurred by the 
United States at a military medical treatment facil-
ity. 
(2) PROCESSES DESCRIBED.—The processes de-
scribed in this paragraph are revenue-cycle manage-
ment processes, including cash-flow management 
and accounts-receivable processes. 
(b) REQUIREMENTS.—In carrying out the pilot pro-
gram under subsection (a)(1), the Secretary shall— 
(1) identify and analyze the best practice op-
tion, including commercial best practices, with re-
spect to the processes described in subsection (a)(2) 
that are used in nonmilitary health care facilities; 
and 
(2) conduct a cost-benefit analysis to assess 
measurable results of the pilot program, including 
an analysis of— 
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(A) the different processes used in the 
pilot program; 
(B) the amount of third-party collections 
that resulted from such processes; 
(C) the cost to implement and sustain such 
processes; and 
(D) any other factors the Secretary deter-
mines appropriate to assess the pilot program. 
(c) LOCATIONS.—The Secretary shall carry out the 
pilot program under subsection (a)(1)— 
(1) at military installations that have a military 
medical treatment facility with inpatient and out-
patient capabilities; 
(2) at a number of such installations at dif-
ferent military departments that the Secretary deter-
mines sufficient to fully assess the results of the 
pilot program. 
(d) DURATION.—The Secretary shall commence the 
pilot program under subsection (a)(1) by not later than 
270 days after the date of the enactment of this Act and 
shall carry out such program for three years. 
(e) REPORT.—Not later than 180 days after com-
pleting the pilot program under subsection (a)(1), the Sec-
retary shall submit to the congressional defense commit-
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tees a report describing the results of the program, includ-
ing— 
(1) a comparison of— 
(A) the processes described in subsection 
(a)(2) that were used in the military medical 
treatment facilities participating in the pro-
gram; and 
(B) the third-party collection processes 
used by military medical treatment facilities not 
included in the program; 
(2) a cost analysis of implementing the proc-
esses described in subsection (a)(2) for third-party 
collections at military medical treatment facilities; 
and 
(3) an assessment of the program, including 
any recommendations to improve third-party collec-
tions. 
(f) ADDITIONAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the methods, as of the date of the 
report, employed by the military departments to collect 
charges from third-party payers incurred at military med-
ical treatment facilities, including specific data with re-
spect to the dollar amount of third-party collections that 
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resulted from each method currently being used through-
out the military departments. The Secretary shall take 
into account the results of such report in evaluating the 
results of the pilot program under subsection (a)(1). 
Subtitle C—Other Matters 
SEC. 721. DISPLAY OF BUDGET INFORMATION FOR EMBED-
DED MENTAL HEALTH PROVIDERS OF THE 
RESERVE COMPONENTS. 
(a) IN GENERAL.—Chapter 9 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 236. Embedded mental health providers of the re-
serve components: display of budget in-
formation 
‘‘The Secretary of Defense shall submit to Congress, 
as a part of the documentation that supports the Presi-
dent’s annual budget for the Department of Defense, a 
budget justification display with respect to embedded men-
tal health providers within each reserve component, in-
cluding the amount requested for each such component.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘236. Embedded mental health providers of the reserve components: display of 
budget information.’’. 
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SEC. 722. AUTHORITY OF UNIFORMED SERVICES UNIVER-
SITY OF HEALTH SCIENCES TO ENTER INTO 
CONTRACTS AND AGREEMENTS AND MAKE 
GRANTS TO OTHER NONPROFIT ENTITIES. 
Section 2113(g)(1) of title 10, United States Code, 
is amended— 
(1) in subparagraph (B)— 
(A) by inserting ‘‘, or any other nonprofit 
entity’’ after ‘‘Military Medicine’’; and 
(B) by inserting ‘‘, or nonprofit entity,’’ 
after ‘‘such Foundation’’; and 
(2) in subparagraph (C)— 
(A) by inserting ‘‘, or any other nonprofit 
entity,’’ after ‘‘Military Medicine’’; and 
(B) by inserting ‘‘, or nonprofit entity,’’ 
after ‘‘such foundation’’. 
SEC. 723. MENTAL HEALTH SUPPORT FOR MILITARY PER-
SONNEL AND FAMILIES. 
The Secretary of Defense may carry out collaborative 
programs to— 
(1) respond to the escalating suicide rates and 
combat stress related arrest rates of members of the 
Armed Forces; 
(2) train active duty members to recognize and 
respond to combat stress disorder, suicide risk, sub-
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stance addiction, risk-taking behaviors, and family 
violence; and 
(3) determine the effectiveness of the efforts of 
the Department of Defense in reducing suicide rates 
of members of the Armed Forces. 
SEC. 724. RESEARCH REGARDING HYDROCEPHALUS. 
In conducting the Peer Reviewed Medical Research 
Program, the Secretary of Defense may consider selecting 
medical research projects relating to hydrocephalus. 
SEC. 725. TRAUMATIC BRAIN INJURY RESEARCH. 
The Secretary of Defense shall carry out research, 
development, test, and evaluation activities with respect 
to traumatic brain injury and psychological health, includ-
ing activities regarding drug development to halt 
neurodegeneration following traumatic brain injury. 
SEC. 726. DATA SHARING WITH STATE ADJUTANT GEN-
ERALS TO FACILITATE SUICIDE PREVENTION 
EFFORTS. 
Upon the request of any adjutant general of a State, 
the Secretary of Defense shall share the contact informa-
tion of members of the Individual Ready Reserve and indi-
vidual mobilization augmentees who reside in the State of 
such adjutant general for the purpose of conducting sui-
cide prevention outreach efforts. 
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SEC. 727. INCREASED COLLABORATION WITH NIH TO COM-
BAT TRIPLE NEGATIVE BREAST CANCER. 
The Office of Health of the Department of Defense 
shall work in collaboration with the National Institutes of 
Health to— 
(1) identify specific genetic and molecular tar-
gets and biomarkers for triple negative breast can-
cer; and 
(2) provide information useful in biomarker se-
lection, drug discovery, and clinical trials design that 
will enable both— 
(A) triple negative breast cancer patients 
to be identified earlier in the progression of 
their disease; and 
(B) the development of multiple targeted 
therapies for the disease. 
SEC. 728. SENSE OF CONGRESS ON MENTAL HEALTH COUN-
SELORS FOR MEMBERS OF THE ARMED 
FORCES AND THEIR FAMILIES. 
It is the sense of Congress that— 
(1) the Secretary of Defense should develop a 
plan to ensure a sustainable flow of qualified coun-
selors to meet the long-term needs of members of 
the Armed Forces and their families for counselors; 
and 
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(2) the plan should include the participation of 
accredited schools and universities, health care pro-
viders, professional counselors, family service or sup-
port centers, chaplains, and other appropriate re-
sources of the Department of Defense. 
SEC. 729. REPORT ON ROLE OF DEPARTMENT OF VET-
ERANS AFFAIRS IN DEPARTMENT OF DE-
FENSE CENTERS OF EXCELLENCE. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Veterans Affairs shall 
submit to the Committees on Armed Services and Vet-
erans’ Affairs of the House of Representatives and the 
Committees on Armed Services and Veterans’ Affairs of 
the Senate a report on the centers of excellence established 
under sections 1621, 1622, and 1623 of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 10 U.S.C. 1071 note). Such report shall include 
each of the following: 
(1) The amount of resources that have been ob-
ligated by Department of Veterans Affairs in sup-
port of each of the centers since the dates on which 
they were established, including the amount of per-
sonnel, time, money, and function provided in sup-
port of the centers. 
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(2) An estimate of the amount of resources the 
Secretary expects the Department to dedicate to 
each of the centers during each of fiscal years 2014 
through 2018. 
(3) A description of the role of the Department 
within each of the centers. 
SEC. 730. PRELIMINARY MENTAL HEALTH ASSESSMENTS. 
Before any individual enlists in the Armed Forces or 
is commissioned as an officer in the Armed Forces, the 
Secretary of Defense shall provide the individual with a 
mental health assessment. The Secretary shall use such 
results as a baseline for any subsequent mental health ex-
aminations, including such examinations provided under 
sections 1074f and 1074m of title 10, United States Code, 
and section 1074n of such title, as added by section 702. 
SEC. 731. SENSE OF CONGRESS ON THE TRAUMATIC BRAIN 
INJURY PLAN. 
It is the sense of Congress that— 
(1) section 739(b) of the National Defense Au-
thorization Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat. 1822) requires the Secretary of 
Defense to submit a plan to Congress to improve the 
coordination and integration of the programs of the 
Department of Defense that address traumatic brain 
injury and the psychological health of members of 
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the Armed Forces not later than 180 days after the 
date of the enactment of such Act; 
(2) the requirement to submit the plan is still 
in effect and the contents of the plan are still impor-
tant; and 
(3) the Secretary of Defense should deliver the 
report within the required time frame. 
SEC. 732. REPORT ON MEMORANDUM REGARDING TRAU-
MATIC BRAIN INJURIES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on how 
the Secretary will identify, refer, and treat traumatic brain 
injuries with respect to members of the Armed Forces who 
served in Operation Enduring Freedom or Operation Iraqi 
Freedom before the date in June 2010 on which the 
memorandum regarding using a 50-meter distance from 
an explosion as a criterion to properly identify, refer, and 
treat members for potential traumatic brain injury took 
effect. 
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SEC. 733. PILOT PROGRAM FOR INVESTIGATIONAL TREAT-
MENT OF MEMBERS OF THE ARMED FORCES 
FOR TRAUMATIC BRAIN INJURY AND POST- 
TRAUMATIC STRESS DISORDER. 
(a) PROCESS.—The Secretary of Defense shall carry 
out a five-year pilot program under which the Secretary 
shall establish a process through which the Secretary shall 
provide payment for investigational treatments (including 
diagnostic testing) of traumatic brain injury or post-trau-
matic stress disorder received by members of the Armed 
Forces in health care facilities other than military treat-
ment facilities. Such process shall provide that payment 
be made directly to the health care facility furnishing the 
treatment. 
(b) CONDITIONS FOR APPROVAL.—The approval by 
the Secretary for payment for a treatment pursuant to 
subsection (a) shall be subject to the following conditions: 
(1) Any drug or device used in the treatment 
must be approved or cleared by the Food and Drug 
Administration for any purpose and its use must 
comply with rules of the Food and Drug Administra-
tion applicable to investigational new drugs or inves-
tigational devices. 
(2) The treatment must be approved by the 
Secretary following approval by an institutional re-
view board operating in accordance with regulations 
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issued by the Secretary of Health and Human Serv-
ices. 
(3) The patient receiving the treatment must 
demonstrate an improvement under criteria ap-
proved by the Secretary, as a result of the treatment 
on one or more of the following: 
(A) Standardized independent pre-treat-
ment and post-treatment neuropsychological 
testing. 
(B) Accepted survey instruments including, 
such instruments that look at quality of life. 
(C) Neurological imaging. 
(D) Clinical examination. 
(4) The patient receiving the treatment must be 
receiving the treatment voluntarily and based on in-
formed consent. 
(5) The patient receiving the treatment may not 
be a retired member of the Armed Forces who is en-
titled to benefits under part A, or eligible to enroll 
under part B, of title XVIII of the Social Security 
Act. 
(c) ADDITIONAL RESTRICTIONS AUTHORIZED.—The 
Secretary may establish additional restrictions or condi-
tions for reimbursement as the Secretary determines ap-
propriate to ensure the protection of human research sub-
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jects, appropriate fiscal management, and the validity of 
the research results. 
(d) AUTHORITY.—The Secretary shall make pay-
ments under this section for treatments received by mem-
bers of the Armed Forces using the authority in subsection 
(c)(1) of section 1074 of title 10, United States Code. 
(e) AMOUNT.—A payment under this section shall be 
made at the equivalent Centers for Medicare and Medicaid 
Services reimbursement rate in effect for appropriate 
treatment codes for the State or territory in which the 
treatment is received. If no such rate is in effect, payment 
shall be made on a cost-reimbursement basis, as deter-
mined by the Secretary, in consultation with the Secretary 
of Health and Human Services. 
(f) DATA COLLECTION AND AVAILABILITY.— 
(1) IN GENERAL.—The Secretary shall develop 
and maintain a database containing data from each 
patient case involving the use of a treatment under 
this section. The Secretary shall ensure that the 
database preserves confidentiality and that any use 
of the database or disclosures of such data are lim-
ited to such use and disclosures permitted by law 
and applicable regulations. 
(2) PUBLICATION
OF
QUALIFIED
INSTITU-
TIONAL
REVIEW
BOARD
STUDIES.—The Secretary 
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shall ensure that an Internet website of the Depart-
ment of Defense includes a list of all civilian institu-
tional review board studies that have received a pay-
ment under this section. 
(g) ASSISTANCE FOR MEMBERS TO OBTAIN TREAT-
MENT.— 
(1) ASSIGNMENT TO TEMPORARY DUTY.—The 
Secretary of a military department may assign a 
member of the Armed Forces under the jurisdiction 
of the Secretary to temporary duty or allow the 
member a permissive temporary duty in order to 
permit the member to receive treatment for trau-
matic brain injury or post-traumatic stress disorder, 
for which payments shall be made under subsection 
(a), at a location beyond reasonable commuting dis-
tance of the permanent duty station of the member. 
(2) PER DIEM.—A member who is away from 
the permanent station of the member may be paid 
a per diem in lieu of subsistence in an amount not 
more than the amount to which the member would 
be entitled if the member were performing travel in 
connection with a temporary duty assignment. 
(3) GIFT RULE WAIVER.—The Secretary of De-
fense may waive any rule of the Department of De-
fense regarding ethics or the receipt of gifts with re-
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spect to any assistance provided to a member of the 
Armed Forces for travel or per diem expenses inci-
dental to receiving treatment under this section. 
(h) MEMORANDA OF UNDERSTANDING.—The Sec-
retary shall enter into memoranda of understandings with 
civilian institutions for the purpose of providing members 
of the Armed Forces with treatment carried out by civilian 
health care practitioners under treatment— 
(1) approved by and under the oversight of ci-
vilian institutional review boards; and 
(2) that would qualify for payment under this 
section. 
(i) OUTREACH.—The Secretary of Defense shall es-
tablish a process to notify members of the Armed Forces 
of the opportunity to receive treatment pursuant to this 
section. 
(j) REPORT TO CONGRESS.—Not later than 30 days 
after the last day of each fiscal year during which the Sec-
retary is authorized to make payments under this section, 
the Secretary shall submit to Congress an annual report 
on the implementation of this section and any available 
results on investigational treatment studies authorized 
under this section. 
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(k) TERMINATION.—The authority to make a pay-
ment under this section shall terminate on the date that 
is five years after the date of the enactment of this Act. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for each fiscal year during which the Sec-
retary is authorized to make payments under this section. 
(m) FUNDING INCREASE AND OFFSETTING REDUC-
TION.— 
(1) 
IN
GENERAL.—Notwithstanding 
the 
amounts set forth in the funding tables in division 
D, to carry out this section during fiscal year 
2014— 
(A) the amount authorized to be appro-
priated in section 1406 for the Defense Health 
Program, as specified in the corresponding 
funding table in division D, is hereby increased 
by $10,000,000, with the amount of the in-
crease allocated to the Defense Health Pro-
gram, as set forth in the table under section 
4501, to carry out this section; and 
(B) the amount authorized to be appro-
priated in section 301 for Operation and Main-
tenance, Defense-wide, as specified in the cor-
responding funding table in division D, is here-
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by reduced by $10,000,000, with the amount of 
the reduction to be derived from Line 280, Of-
fice of the Secretary of Defense as set forth in 
the table under section 4301. 
(2) MERIT-BASED
OR
COMPETITIVE
DECI-
SIONS.—A decision to commit, obligate, or expend 
funds referred to in paragraph (1)(A) with or to a 
specific entity shall— 
(A) be based on merit-based selection pro-
cedures in accordance with the requirements of 
sections 2304(k), 2361, and 2374 of title 10, 
United States Code, or on competitive proce-
dures; and 
(B) comply with other applicable provisions 
of law. 
SEC. 734. INTEGRATED ELECTRONIC HEALTH RECORD OF 
THE DEPARTMENTS OF DEFENSE AND VET-
ERANS AFFAIRS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) despite repeated attempts at cooperation 
over the past 20 years, the Department of Defense 
and the Department of Veterans Affairs have failed 
to implement a solution that allows for seamless 
electronic sharing of medical health care data; 
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(2) the recent decision by the Secretary of De-
fense and the Secretary of Veterans Affairs to aban-
don their earlier agreement and pursue separate 
paths to integration jeopardizes the stated goal of 
providing ‘‘a patient-centered health care system 
that delivers excellent quality, access, satisfaction, 
and value, consistently across the Departments’’; 
(3) despite the repeated concerns and objections 
of the congressional committees of jurisdiction, the 
Department of Defense and the Department of Vet-
erans Affairs seem to be on a continued path to fail 
in achieving the goal of creating a seamless health 
record that integrates data across the Departments; 
and 
(4) the President should make the necessary 
leadership changes to assure timely completion of 
this requirement. 
(b) IMPLEMENTATION.—The Secretary of Defense 
and the Secretary of Veterans Affairs shall— 
(1) implement an integrated electronic health 
record to be used by each of the Secretaries; and 
(2) deploy such record by not later than Octo-
ber 1, 2016. 
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(c) DESIGN PRINCIPLES.—The integrated electronic 
health record established under subsection (b) shall adhere 
to the following principles: 
(1) To the extent practicable, efforts to estab-
lish such record shall be based on objectives, activi-
ties, and milestones established by the Joint Execu-
tive Committee Joint Strategic Plan Fiscal Years 
2013–2015, including any requirements, definition, 
documents, or analyses previously developed to sat-
isfy said Joint Strategic Plan. 
(2) Principles with respect to open architecture 
standards, including— 
(A) modular designs based on standards 
with loose coupling and high cohesion that allow 
for independent acquisition of system compo-
nents; 
(B) if existing national standards do not 
exist as of the date on which the record is being 
established, the Secretaries shall agree upon 
and adopt a standard for purposes of the record 
until such time as national standards are estab-
lished; 
(C) enterprise investment strategies that 
maximize reuse of proven system designs; 
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(D) implementation of aggressive life-cycle 
sustainment planning that uses proven tech-
nology insertion strategies and product upgrade 
techniques; 
(E) enforcement of system design trans-
parency, continuous design disclosure and im-
provement, and peer reviews that include gov-
ernment, academia, and industry; and 
(F) strategies for data-use rights to ensure 
a level competitive playing field and access to 
alternative solutions and sources across the life- 
cycle of the program. 
(3) By the point of full deployment decision, 
such record must be at a generation 3 level or better 
for a health information technology system. 
(d) PROGRAM PLAN.—Not later than January 31, 
2014, the Secretaries shall jointly develop and submit to 
the appropriate congressional committees a program plan 
for the oversight and execution of the integrated electronic 
health record program established under this section. This 
plan shall include— 
(1) program objectives; 
(2) organization; 
(3) responsibilities of the Departments; 
(4) technical system requirements; 
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(5) milestones, including a schedule for industry 
competitions for capabilities needed to satisfy the 
technical system requirements; 
(6) technical system standards being adopted 
by the program; 
(7) outcome-based metrics proposed to measure 
the performance and effectiveness of the program; 
and 
(8) level of funding for fiscal years 2014 
through 2017. 
(e) ASSESSMENT.— 
(1) IN GENERAL.—The Secretaries shall jointly 
commission an independent assessment of the pro-
gram plan under subsection (d). 
(2) SUBMISSION.—Not later than 60 days after 
the date on which the program plan under sub-
section (d) is submitted to the appropriate congres-
sional committees, the Secretaries shall jointly sub-
mit to such committees the independent assessment 
conducted under paragraph (1). 
(f) LIMITATION OF FUNDS.—Not more than 25 per-
cent of the amounts authorized to be appropriated by this 
Act or otherwise made available for development , mod-
ernization, or enhancement of the integrated electronic 
health record within the Department of Veterans Affairs 
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or for operation and maintenance for the Defense Health 
Agency of the Department of Defense may be obligated 
or expended until the date on which the program plan 
under subsection (d) is submitted to the appropriate con-
gressional committees. 
(g) MONTHLY REPORTING.—On a monthly basis, the 
Secretary of Defense and the Secretary of Veterans affairs 
shall each submit to the appropriate congressional com-
mittees a report on the expenditures incurred by the Sec-
retary in the development of an integrated electronic 
health record under this section. Such reports shall include 
obligations by major categories of spending and by sup-
port of milestones identified in the program plan required 
under subsection (d). 
(h) REQUIREMENTS.— 
(1) IN GENERAL.—Not later than October 1, 
2014, all health care information contained in the 
Department of Defense AHLTA and the Depart-
ment of Veterans Affairs VistA systems shall be 
available and actionable in real-time to health care 
providers in each Department through shared tech-
nology. 
(2) CERTIFICATION.—At such time as the oper-
ational capability described in paragraph (1) is 
achieved, the Secretaries shall jointly certify to the 
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appropriate congressional committees that the Secre-
taries have implemented such operational capability. 
(3) LIMITATION OF FUNDS.—Neither the Sec-
retary of Defense or the Secretary of Veterans Af-
fairs may obligate or expend more than 10 percent 
of the amounts authorized to be appropriated by this 
Act or otherwise made available for the research, de-
velopment, test, and evaluation, or procurement for 
the Virtual Lifetime Electronic Record until the date 
on which the certification is made under paragraph 
(2). 
(4) RESPONSIBLE OFFICIAL.—The Secretary of 
Defense and the Secretary of Veterans Affairs shall 
each identify a senior official to be responsible for 
the electronic health record established under this 
section, including the operational capability de-
scribed in paragraph (1). Such official shall have in-
cluded within their performance evaluation perform-
ance metrics related to the execution of the respon-
sibilities under this paragraph. Not later than 30 
days after the date of the enactment of this Act, 
each Secretary shall submit to the appropriate con-
gressional committees the name of the senior official 
selected under this paragraph. 
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(5) ACCOUNTABILITY
REVIEW.—If the Sec-
retary of Defense and the Secretary of Veterans Af-
fairs fail to meet the requirements under paragraph 
(1), the Secretaries shall jointly conduct an account-
ability review to identify the following: 
(A) The root cause of the failure and if the 
failure is a result of technology or human per-
formance. 
(B) The work sections responsible for the 
failure. 
(C) The milestones and resource invest-
ment required to achieve such requirements. 
(D) The recommendations for corrective 
actions, to include personnel actions, to achieve 
such requirements. 
(6) SUBMISSION
OF
ACCOUNTABILITY
RE-
VIEW.—If the Secretaries conduct a review under 
paragraph (5), the Secretaries shall jointly submit to 
the appropriate congressional committees a report of 
the results of the review by not later than November 
30, 2014. 
(i) ADVISORY PANEL.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of the enactment of this Act, the Sec-
retaries shall jointly establish an advisory panel to 
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support the development and validation of require-
ments, programmatic assessment, and other actions, 
as needed by the Secretaries, with respect to the in-
tegrated electronic health record established under 
subsection (b). The panel shall certify to the appro-
priate congressional committees that such record 
meets the definition of ‘‘integrated’’ as specified in 
subsection (j)(4). 
(2) 
MEMBERSHIP.—The 
panel 
established 
under paragraph (1) shall consist of not more than 
14 members, appointed by the Secretaries as follows: 
(A) Two co-chairs, one appointed by each 
of the Secretaries. 
(B) The chief information officer of the 
Department of Defense and the chief informa-
tion officer of the Department of Veterans Af-
fairs. 
(C) One member from the acquisition com-
munity of the Department of Defense and one 
member from such community of the Depart-
ment of Veterans Affairs. 
(D) Two members from the academic com-
munity appointed by the Secretary of Defense. 
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(E) Two members from the academic com-
munity appointed by the Secretary of Veterans 
Affairs. 
(F) Two members from industry appointed 
by the Secretary of Defense. 
(G) Two members from industry appointed 
by the Secretary of Veterans Affairs. 
(3) REPORTING.—The Advisory panel estab-
lished under paragraph (1) shall submit to the ap-
propriate congressional committees a quarterly re-
port on the activities of the panel. The panel shall 
submit the first report by not later than December 
31, 2013. 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘actionable’’ means information 
that is directly useful to customers for immediate 
use in clinical decision making. 
(2) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committees on Veterans’ Affairs of 
the Senate and the House of Representatives. 
(3) The term ‘‘generation 3’’ means, with re-
spect to an electronic health systems, a system that 
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has the technical capability to bring evidence-based 
medicine to the point of care and provide 
functionality for multiple care venues. 
(4) The term ‘‘integrated’’ means one single 
core technology or an inherent cross-platform capa-
bility without the need for additional patch develop-
ment to accomplish this capability. 
SEC. 735. COMPTROLLER GENERAL REPORT ON RECOVERY 
AUDIT PROGRAM FOR TRICARE. 
Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the congressional defense commit-
tees a report that evaluates the similarities and differences 
in the approaches to identifying and recovering improper 
payments across Medicare and TRICARE. The report 
shall contain an evaluation of the following: 
(1) Medicare and TRICARE claims processing 
efforts to prevent improper payments by denying 
claims prior to payment. 
(2) Medicare and TRICARE claims processing 
efforts to correct improper payments post-payment. 
(3) 
The 
effectiveness 
of 
Medicare 
and 
TRICARE post-payment audit programs in place to 
identify and correct improper payments that are re-
turned to the government plans. 
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TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. MODIFICATION OF REPORTING REQUIREMENT 
FOR DEPARTMENT OF DEFENSE BUSINESS 
SYSTEM ACQUISITION PROGRAMS WHEN INI-
TIAL 
OPERATING 
CAPABILITY 
IS 
NOT 
ACHIEVED WITHIN FIVE YEARS OF MILE-
STONE A APPROVAL. 
(a) SUBMISSION TO PRE-CERTIFICATION AUTHOR-
ITY.—Subsection (b) of section 811 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2316; 10 U.S.C. 2222 
note) is amended by striking ‘‘the system shall be deemed 
to have undergone’’ and all that follows through the period 
and inserting ‘‘the appropriate official shall report such 
failure, along with the facts and circumstances sur-
rounding the failure, to the appropriate pre-certification 
authority for that system under section 2222 of title 10, 
United States Code, and the information so reported shall 
be considered by the pre-certification authority in the deci-
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sion whether to recommend certification of obligations 
under that section.’’. 
(b) COVERED SYSTEMS.—Subsection (c) of such sec-
tion is amended— 
(1) by striking ‘‘3542(b)(2) of title 44’’ and in-
serting ‘‘section 2222(j)(2) of title 10’’; and 
(2) by inserting ‘‘, and that is not designated 
in section 2445a of title 10, United States Code, as 
a ‘major automated information system program’ or 
an ‘other major information technology investment 
program’ ’’ before the period at the end. 
(c) UPDATED REFERENCES TO DOD ISSUANCES.— 
Subsection (d) of such section is amended— 
(1) in paragraph (1), by striking ‘‘Department 
of Defense Instruction 5000.2’’ and inserting ‘‘De-
partment of Defense Directive 5000.01’’; and 
(2) in paragraph (2), by striking ‘‘Department 
of Defense Instruction 5000.2, dated May 12, 2003’’ 
and inserting ‘‘Department of Defense Instruction 
5000.02, dated December 3, 2008’’. 
SEC. 802. ENHANCED TRANSFER OF TECHNOLOGY DEVEL-
OPED AT DEPARTMENT OF DEFENSE LAB-
ORATORIES. 
(a) DEFINITIONS.—As used in this section: 
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(1) The term ‘‘military department’’ has the 
meaning provided in section 101 of title 10, United 
States Code. 
(2) The term ‘‘DOD laboratory’’ or ‘‘labora-
tory’’ means any facility or group of facilities that— 
(A) is owned, leased, operated, or other-
wise used by the Department of Defense; and 
(B) meets the definition of ‘‘laboratory’’ as 
provided in subsection (d)(2) of section 12 of 
the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710a). 
(b) AUTHORITY.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of a military department each 
may authorize the heads of DOD laboratories to 
grant nonexclusive, exclusive, or partially exclusive 
licenses, royalty free or for royalties or for rights to 
other intellectual property, for computer software 
and its related documentation developed at a DOD 
laboratory, but only if— 
(A) the computer software and related doc-
umentation would be a trade secret under the 
meaning of section 552(b)(4) of title 5, United 
States Code, if the information had been ob-
tained from a non-Federal party; 
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(B) the public is notified of the availability 
of the software and related documentation for 
licensing and interested parties have a fair op-
portunity to submit applications for licensing; 
(C) such licensing activities and licenses 
comply with the requirements under section 209 
of title 35, United States Code; and 
(D) the software originally was developed 
to meet the military needs of the Department 
of Defense. 
(2) PROTECTIONS
AGAINST
UNAUTHORIZED 
DISCLOSURE.—The Secretary of Defense and the 
Secretary of a military department each shall pro-
vide appropriate precautions against the unauthor-
ized disclosure of any computer software or docu-
mentation covered by paragraph (1)(A), including 
exemption from section 552 of title 5, United States 
Code, for a period of up to 5 years after the develop-
ment of the computer software by the DOD labora-
tory. 
(c) ROYALTIES.— 
(1) USE OF ROYALTIES.—Except as provided in 
paragraph (2), any royalties or other payments re-
ceived by the Department of Defense or a military 
department from licensing computer software or doc-
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umentation under paragraph (b)(1) shall be retained 
by the Department of Defense or the military de-
partment and shall be disposed of as follows: 
(A)(i) The Department of Defense or the 
military department shall pay each year the 
first $2,000, and thereafter at least 15 percent, 
of the royalties or other payments, to be divided 
among the employees who developed the com-
puter software. 
(ii) The Department of Defense or the 
military department may provide appropriate 
lesser incentives, from the royalties or other 
payments, to laboratory employees who are not 
developers of such computer software but who 
substantially increased the technical value of 
the software. 
(iii) The Department of Defense or the 
military department shall retain the royalties 
and other payments received until it makes pay-
ments to employees of a DOD laboratory under 
clause (i) or (ii). 
(iv) The Department of Defense or the 
military department may retain an amount rea-
sonably necessary to pay expenses incidental to 
the administration and distribution of royalties 
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or other payments under this section by an or-
ganizational unit of the Department of Defense 
or military department other than its labora-
tories. 
(B) The balance of the royalties or other pay-
ments shall be transferred by the Department of De-
fense or the military department to its laboratories, 
with the majority share of the royalties or other pay-
ments going to the laboratory where the development 
occurred. The royalties or other payments so trans-
ferred to any DOD laboratory may be used or obli-
gated by that laboratory during the fiscal year in 
which they are received or during the 2 succeeding 
fiscal years— 
(i) to reward scientific, engineering, and 
technical employees of the DOD laboratory, in-
cluding developers of sensitive or classified tech-
nology, regardless of whether the technology 
has commercial applications; 
(ii) to further scientific exchange among 
the laboratories of the agency; 
(iii) for education and training of employ-
ees consistent with the research and develop-
ment missions and objectives of the Department 
of Defense, military department, or DOD lab-
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oratory, and for other activities that increase 
the potential for transfer of the technology of 
the laboratories; 
(iv) for payment of expenses incidental to 
the administration and licensing of computer 
software or other intellectual property made at 
that DOD laboratory, including the fees or 
other costs for the services of other agencies, 
persons, or organizations for intellectual prop-
erty management and licensing services; or 
(v) for scientific research and development 
consistent with the research and development 
missions and objectives of the DOD laboratory. 
(C) All royalties or other payments retained by 
the Department of Defense, military department, or 
DOD laboratory after payments have been made 
pursuant to subparagraphs (A) and (B) that are un-
obligated and unexpended at the end of the second 
fiscal year succeeding the fiscal year in which the 
royalties and other payments were received shall be 
paid into the Treasury of the United States. 
(2) EXCEPTION.—If, after payments under 
paragraph (1)(A), the balance of the royalties or 
other payments received by the Department of De-
fense or the military department in any fiscal year 
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exceed 5 percent of the funds received for use by the 
DOD laboratory for research, development, engineer-
ing, testing, and evaluation or other related adminis-
trative, processing or value-added activities for that 
year, 75 percent of such excess shall be paid to the 
Treasury of the United States and the remaining 25 
percent may be used or obligated under paragraph 
(1)(B). Any funds not so used or obligated shall be 
paid into the Treasury of the United States. 
(3) STATUS OF PAYMENTS TO EMPLOYEES.— 
Any payment made to an employee under this sec-
tion shall be in addition to the regular pay of the 
employee and to any other awards made to the em-
ployee, and shall not affect the entitlement of the 
employee to any regular pay, annuity, or award to 
which the employee is otherwise entitled or for which 
the employee is otherwise eligible or limit the 
amount thereof except that the monetary value of an 
award for the same project or effort shall be de-
ducted from the amount otherwise available under 
this paragraph. Payments, determined under the 
terms of this paragraph and made to an employee 
developer as such, may continue after the developer 
leaves the DOD laboratory or the Department of 
Defense or military department. Payments made 
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under this section shall not exceed $75,000 per year 
to any one person, unless the President approves a 
larger award (with the excess over $75,000 being 
treated as a Presidential award under section 4504 
of title 5, United States Code). 
(d) INFORMATION IN REPORT.—The report required 
by section 2515(d) of title 10, United States Code, shall 
include information regarding the implementation and ef-
fectiveness of this section. 
(e) EXPIRATION.—The authority provided in this sec-
tion shall expire on December 31, 2018. 
SEC. 803. EXTENSION OF LIMITATION ON AGGREGATE AN-
NUAL AMOUNT AVAILABLE FOR CONTRACT 
SERVICES. 
Section 808 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1489) is amended— 
(1) in subsections (a) and (b), by striking ‘‘fis-
cal year 2012 or 2013’’ and inserting ‘‘fiscal year 
2012, 2013, 2014 or 2015’’; 
(2) in subsection (c)— 
(A) by striking ‘‘during fiscal years 2012 
and 2013’’ in the matter preceding paragraph 
(1); 
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(B) by striking paragraphs (1) and (2) and 
redesignating paragraphs (3), (4), and (5) as 
paragraphs (1), (2), and (3), respectively; and 
(C) in paragraph (3), as so redesignated, 
by striking ‘‘fiscal years 2012 and 2013’’ and 
inserting ‘‘fiscal years 2012, 2013, 2014, and 
2015’’; 
(3) in subsection (d)(4), by striking ‘‘fiscal year 
2012 or 2013’’ and inserting ‘‘fiscal year 2012, 
2013, 2014 or 2015’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(e) CARRYOVER
OF REDUCTIONS REQUIRED.—If 
the reductions required by subsection (c)(2) for fiscal 
years 2012 and 2013 are not implemented, the amounts 
remaining for those reductions in fiscal years 2012 and 
2013 shall be implemented in fiscal years 2014 and 2015. 
‘‘(f) ANTI-DEFICIENCY ACT VIOLATION.—Failure to 
comply with subsections (a) and (e) shall be considered 
violations of section 1341 of title 31, United States Code 
(popularly referred to as the Anti-Deficiency Act).’’. 
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Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. ADDITIONAL CONTRACTOR RESPONSIBILITIES IN 
REGULATIONS 
RELATING 
TO 
DETECTION 
AND AVOIDANCE OF COUNTERFEIT ELEC-
TRONIC PARTS. 
Section 818(c)(2)(B) of the National Defense Au-
thorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1493; 10 U.S.C. 2302 note) is amended— 
(1) in clause (i), by inserting ‘‘electronic’’ after 
‘‘avoid counterfeit’’; and 
(2) in clause (ii), by striking ‘‘were provided’’ 
and inserting the following: ‘‘were— 
‘‘(I) procured from an original 
manufacturer or its authorized dealer 
or from a trusted supplier in accord-
ance with regulations described in 
paragraph (3); or 
‘‘(II) provided’’. 
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421 
HR 1960 PCS
SEC. 812. AMENDMENTS RELATING TO DETECTION AND 
AVOIDANCE OF COUNTERFEIT ELECTRONIC 
PARTS. 
Section 818(c)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 10 
U.S.C. 2302 note) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B), at the end of clause 
(iii), by striking the period and inserting ‘‘; and’’; 
and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) the cost of counterfeit electronic parts 
and suspect counterfeit electronic parts and the 
cost of rework or corrective action that may be 
required to remedy the use or inclusion of obso-
lete parts are not allowable costs under Depart-
ment contracts, unless— 
‘‘(i) the offeror’s proposal in response 
to a Department of Defense solicitation for 
maintenance, refurbishment, or remanufac-
ture work identifies obsolete electronic 
parts and includes a plan to ensure trusted 
sources of supply for obsolete electronic 
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HR 1960 PCS
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
393), as most recently amended by section 1227 of the 
National Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 126 Stat. 2000), is further amend-
ed by striking ‘‘for fiscal year 2013’’ and inserting ‘‘for 
fiscal year 2014’’. 
(b) LIMITATION
ON AMOUNTS AVAILABLE.—Sub-
section (d) of such section, as so amended, is further 
amended— 
(1) in paragraph (1), by striking ‘‘during fiscal 
year 2013 may not exceed $1,650,000,000’’ and in-
serting ‘‘during fiscal year 2014 may not exceed 
$1,500,000,000’’; and 
(2) in paragraph (3), by striking ‘‘Fiscal Year 
2013’’ and inserting ‘‘Fiscal Year 2014’’. 
(c) LIMITATION ON REIMBURSEMENT OF PAKISTAN 
IN FISCAL YEAR 2014 PENDING CERTIFICATION
ON 
PAKISTAN.— 
(1) IN GENERAL.—Effective as of the date of 
the enactment of this Act, no amounts authorized to 
be appropriated by this Act, and no amounts author-
ized to be appropriated for fiscal years before fiscal 
year 2014 that remain available for obligation, may 
be used for reimbursements of Pakistan under the 
authority in subsection (a) of section 1233 of the 
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