261 
(7) Despite her promotion, Ms. Horwitz was 
not allowed to hold the rank of Sergeant Major. 
(8) Ms. Horwitz retired from the military in 
1976 at a lower rank. 
(9) After her retirement from the military, Ms. 
Horwitz was a tireless veteran’s advocate serving for 
decades with AMVETS Post 60, Jewish War Vet-
erans, the American Legion Milwaukee Women’s 
Post 448, the Allied Veterans Council of Milwaukee 
and the Veterans Day Parade Committee. 
(10) Ms. Horwitz was named Veteran of the 
Year in Milwaukee County in 2004. 
(11) In October 2014, Ms. Horwitz died at the 
age of 98. 
(12) One of Ms. Horwitz’s final wishes was that 
one of the proudest moment of her Army career be 
reflected on her gravestone. 
(13) In March 2015, the Secretary of the Army 
corrected this injustice and approved a request to 
posthumously promote Sergeant Major Horwitz. 
(b) SENSE OF CONGRESS.—Congress— 
(1) joins the Army and our Nation in express-
ing our gratitude to Sergeant Major Naomi Horwitz 
for her 26 years of honorable military service and 
continued civilian service; and
262 
(2) supports the decision of the Army to post-
humously promote Master Sergeant (retired) Naomi 
Horwitz to Sergeant Major. 
Subtitle I—Reports and Other 
Matters 
SEC. 591. AUTHORITY FOR UNITED STATES AIR FORCE IN-
STITUTE OF TECHNOLOGY TO CHARGE AND 
RETAIN TUITION FOR INSTRUCTION OF PER-
SONS OTHER THAN AIR FORCE PERSONNEL 
DETAILED FOR INSTRUCTION AT THE INSTI-
TUTE. 
(a) INSTITUTE INSTRUCTION OF PERSONS OTHER 
THAN AIR FORCE PERSONNEL.—Section 9314a of title 
10, United States Code, is amended— 
(1) by redesignating subsections (a), (c), (d), 
(e), and (f) as subsections (d), (e), (f), (g), and (h), 
respectively; 
(2) by redesignating subsection (b) as para-
graph (4) of subsection (d), as so redesignated; and 
(3) by inserting before subsection (d), as so re-
designated, the following new subsections: 
‘‘(a) MEMBERS
OF
THE ARMED FORCES OTHER 
THAN THE AIR FORCE WHO ARE DETAILED TO THE IN-
STITUTE.—(1) The Department of the Army, the Depart-
ment of the Navy, and the Department of Homeland Secu-
263 
rity shall bear the cost of the instruction at the Air Force 
Institute of Technology that is received by members of the 
armed forces detailed for that instruction by the Secre-
taries of the Army, Navy, and Homeland Security, respec-
tively. 
‘‘(2) Members of the Army, Navy, Marine Corps, and 
Coast Guard may only be detailed for instruction at the 
Institute on a space-available basis. 
‘‘(3) In the case of an enlisted member of the Army, 
Navy, Marine Corps, or Coast Guard detailed to receive 
instruction at the Institute, the Secretary of the Air Force 
shall charge the Secretary concerned only for such costs 
and fees as the Secretary considers appropriate (taking 
into consideration the admission of enlisted members on 
a space-available basis). 
‘‘(b) FEDERAL CIVILIAN EMPLOYEES OTHER THAN 
AIR FORCE EMPLOYEES WHO ARE DETAILED TO THE IN-
STITUTE.—(1) The Institute shall charge tuition for the 
cost of providing instruction at the Institute for any civil-
ian employee of a military department (other than a civil-
ian employee of the Department of the Air Force), of an-
other component of the Department of Defense, or of an-
other Federal agency who is detailed to receive instruction 
at the Institute.
264 
‘‘(2) The cost of any tuition charged an individual 
under this subsection shall be borne by the department, 
agency, or component that details the individual for in-
struction at the Institute. 
‘‘(c) NON-DETAILED PERSONS.—(1) The Secretary 
of the Air Force may permit persons described in para-
graph (2) to receive instruction at the United States Air 
Force Institute of Technology on a space-available basis. 
‘‘(2) Paragraph (1) applies to any of the following 
persons: 
‘‘(A) A member of the armed forces not detailed 
for that instruction by the Secretary concerned. 
‘‘(B) A civilian employee of a military depart-
ment, of another component of the Department of 
Defense, of another Federal agency, or of a State’s 
National Guard not detailed for that instruction by 
the Secretary concerned or head of the other De-
partment of Defense component, other Federal agen-
cy, or the National Guard. 
‘‘(C) A United States citizen who is the recipi-
ent of a competitively selected Federal or Depart-
ment of Defense sponsored scholarship or fellowship 
with a defense focus in areas of study related to the 
academic disciplines offered by the Air Force Insti-
tute of Technology and which requires a service
265 
commitment to the Federal government in exchange 
for educational financial assistance. 
‘‘(3) If a scholarship or fellowship described in para-
graph (2)(C) includes a stipend, the Institute may accept 
the stipend payment from the scholarship or fellowship 
sponsor and make a direct payment to the individual.’’. 
(b) CONFORMING AMENDMENTS RELATED TO RE-
DESIGNATION
AND
OTHER
CONFORMING
AMEND-
MENTS.—Section 9314a of title 10, United States Code, 
is amended— 
(1) in subsection (d), as redesignated by sub-
section (a)(1)— 
(A) by striking ‘‘ADMISSION AUTHORIZED’’ 
and inserting ‘‘DEFENSE INDUSTRY EMPLOY-
EES’’; 
(B) in paragraph (1), by striking ‘‘sub-
section (b)’’ and inserting ‘‘paragraph (4)’’; and 
(C) in paragraph (4), as redesignated by 
subsection (a)(2), by striking ‘‘ELIGIBLE DE-
FENSE INDUSTRY EMPLOYEES.—’’; 
(2) in subsection (f)(1), as redesignated by sub-
section (a)(1), by striking ‘‘subsection (a)(1)’’ and 
inserting ‘‘subsection (d)(1)’’; 
(3) in subsection (g)(1), as redesignated by sub-
section (a)(1)—
266 
(A) by striking ‘‘under this section’’ and 
inserting ‘‘under subsections (c) and (d)’’; and 
(B) by inserting before the period at the 
end the following: ‘‘who are detailed to receive 
instruction at the Institute under subsection 
(b)’’; and 
(4) in subsection (h), as redesignated by sub-
section (a)(1), by striking ‘‘defense industry employ-
ees enrolled under this section’’ and inserting ‘‘per-
sons enrolled under this section who are not mem-
bers of the armed forces or Government civilian em-
ployees’’. 
(c) CONDITIONS ON ADMISSION OF DEFENSE INDUS-
TRY CIVILIANS.—Subsection (e)(2) of section 9314a of 
title 10, United States Code, as redesignated by subsection 
(a)(1), is amended by striking ‘‘will be done on a space- 
available basis and not require an increase in the size of 
the faculty’’ and inserting ‘‘will not require an increase 
in the permanently authorized size of the faculty’’. 
(d) STATUTORY REORGANIZATION.—Chapter 901 of 
title 10, United States Code, is amended— 
(1) by transferring subsections (d) and (f) of 
section 9314 to the end of section 9314b and redes-
ignating those subsections as subsections (c) and 
(d), respectively; and
267 
(2) by striking subsection (e) of section 9314. 
(e) CLERICAL AMENDMENTS.— 
(1) SECTION HEADINGS.—(A) The heading of 
section 9314 of title 10, United States Code, is 
amended to read as follows: 
‘‘§ 9314. United States Air Force Institute of Tech-
nology: degree granting authority’’. 
(B) The heading of section 9314a of such title 
is amended to read as follows: 
‘‘§ 9314a. United States Air Force Institute of Tech-
nology: reimbursement and tuition; in-
struction of persons other than Air Force 
personnel’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 901 of such title is 
amended by striking the items relating to sections 
9314 and 9314a and inserting the following new 
items: 
‘‘9314. United States Air Force Institute of Technology: degree granting author-
ity. 
‘‘9314a. United States Air Force Institute of Technology: reimbursement and 
tuition; instruction of persons other than Air Force per-
sonnel.’’. 
SEC. 592. HONORING CERTAIN MEMBERS OF THE RESERVE 
COMPONENTS AS VETERANS. 
(a) VETERAN STATUS.—
268 
(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 
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. 593. SENSE OF CONGRESS REGARDING SUPPORT FOR 
MILITARY DIVERS. 
(a) FINDINGS.—Congress finds the following:
269 
(1) Military divers are serving and have served 
in the noble and self-sacrificing profession of mili-
tary diving in the Armed Forces. 
(2) Military divers were created at the turn of 
the twentieth century, the trademark of diving is the 
Mark Five Dive Helmet created in 1915. 
(3) Military divers perform a dangerous and 
selfless task often without recognition, risking their 
lives on behalf of the United States. 
(4) The United States will forever be in debt to 
personnel in the profession of military diving for 
their bravery and sacrifice in times of peace and 
war. 
(4) People in the United States should express 
their recognition and gratitude for military divers 
and the diving profession. 
(5) In 1939, when the submarine U.S.S. 
Squalus sank, Navy divers used an experimental rig 
to rescue all 33 sailors aboard the vessel who sur-
vived the initial sinking, and the divers were award-
ed the Medal of Honor for their role in the rescue. 
(6) In 1941, after the attack on Pearl Harbor, 
Navy divers raised every battleship that was sunk at 
Pearl Harbor, to the surface (with the exception of
270 
the U.S.S. Arizona, U.S.S. Utah, and the U.S.S. 
Oklahoma). 
(7) The raised ships were repaired and sent 
back out to fight the Imperial Japanese Navy. 
(8) In 1986, when Space Shuttle Challenger ex-
ploded, Navy divers recovered the remains and de-
bris. 
(9) When TWA Flight 800, Swissair Flight 
111, and EgyptAir Flight 990 crashed, among oth-
ers, Navy divers recovered the remains and debris. 
(10) In 1999, when John F. Kennedy Jr., 
Carolyn Bessette, and Lauren Bessette died in a 
plane crash, Navy divers recovered their remains 
and debris. 
(11) In 2003, during the Quecreek Mine Rescue 
in Somerset County, Pennsylvania, Navy divers 
treated the recovered miners in Fly Away Re-
compression Chambers. 
(b) SENSE OF CONGRESS.—In light of the findings 
under subsection (a), Congress— 
(1) reaffirms its support for the sacrifices made 
by military divers during the past 100 years; 
(2) recognizes the sacrifices of those who have 
volunteered as military divers for their bravery; and
271 
(3) encourages the Department of Defense to 
honor those who are serving and have served in the 
noble and self-sacrificing profession of military div-
ing in the Armed Forces. 
SEC. 594. TRANSFER AND ADOPTION OF MILITARY ANI-
MALS. 
(a) AVAILABILITY FOR ADOPTION.—Section 2583(a) 
of title 10, United States Code, is amended by striking 
‘‘may’’ in the matter preceding paragraph (1) and insert-
ing ‘‘shall’’. 
(b) AUTHORIZED RECIPIENTS.—Subsection (c) of 
section 2583 of title 10, United States Code, is amended 
to read as follows: 
‘‘(c) AUTHORIZED RECIPIENTS.—(1) A military ani-
mal shall be made available for adoption under this sec-
tion, in order of recommended priority— 
‘‘(A) by former handlers of the animal; 
‘‘(B) by law enforcement agencies; and 
‘‘(C) by other persons capable of humanely car-
ing for the animal. 
‘‘(2) If the Secretary of the military department con-
cerned determines that an adoption is justified under sub-
section (a)(2) under circumstances under which the han-
dler of a military working dog is wounded in action, the 
dog shall be made available for adoption only by the han-
272 
dler. If the Secretary of the military department concerned 
determines that such an adoption is justified under cir-
cumstances under which the handler of a military working 
dog is killed in action or dies of wounds received in action, 
the military working dog shall be made available for adop-
tion only by a parent, child, spouse, or sibling of the de-
ceased handler.’’. 
SEC. 595. COORDINATION WITH NON-GOVERNMENT SUI-
CIDE 
PREVENTION 
ORGANIZATIONS 
AND 
AGENCIES TO ASSIST IN REDUCING SUI-
CIDES. 
(a) POLICY REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall develop a policy to coordinate the efforts of the 
Department of Defense and non-government suicide 
prevention organizations regarding— 
(A) the use of such non-government orga-
nizations to reduce the number of suicides 
among members of the Armed Forces by com-
prehensively addressing the needs of members 
of the Armed Forces who have been identified 
as being at risk of suicide; 
(B) the delineation of the responsibilities 
within the Department of Defense regarding 
interaction with such organizations; and
273 
(C) the collection of data regarding the ef-
ficacy and cost of coordinating with such orga-
nizations; and 
(D) the preparation and preservation of 
any reporting material the Secretary determines 
necessary to carry out this section. 
(2) SELECTION OF ORGANIZATIONS.—The pol-
icy required by paragraph (1) shall include a policy 
on the identification of appropriate non-government 
organizations by the Secretary of Defense using fac-
tors developed by the Secretary. Such factors shall 
include— 
(A) the record of an organization in reduc-
ing suicide rates among participants in the pro-
grams carried out by the organization; 
(B) the familiarity of an organization with 
the structure, ethos, and environment of the 
Armed Forces; 
(C) the demonstrated experience of an or-
ganization in understanding and working with 
injured and disabled members of the Armed 
Forces, including those who were injured in 
combat; 
(D) the expertise of an organization in im-
proving the emotional well being, mental clarity,
274 
and ability to perform missions of program par-
ticipants; and 
(E) the expertise of an organization in im-
proving the health and fitness of program par-
ticipants. 
(3) AUTHORITY OF SECRETARY OF DEFENSE.— 
The Secretary of Defense shall be authorized to take 
any necessary measures to prevent suicides by mem-
bers of the Armed Forces, including by facilitating 
the access of members of the Armed Forces to suc-
cessful non-governmental treatment regimen. 
(4) CONSULTATION.—In developing the policy 
under this subsection, the Secretary of Defense shall 
consult with the Secretaries of each of the military 
departments and the Chief of the National Guard 
Bureau. 
(b) SUBMISSION AND IMPLEMENTATION.— 
(1) SUBMISSION.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Rep-
resentatives a copy of the policy developed under this 
section. 
(2) DEADLINE
FOR
IMPLEMENTATION.—The 
Secretary of Defense shall ensure that the policy de-
275 
veloped under this section is implemented by not 
later than the date that is 180 days after the sub-
mission of the policy under paragraph (1). 
SEC. 596. SENSE OF CONGRESS ON DESIRABILITY OF SERV-
ICE-WIDE ADOPTION OF GOLD STAR INSTAL-
LATION ACCESS CARD. 
It is the sense of Congress that the Secretary of each 
military department and the Secretary of the Department 
in which the Coast Guard is operating should— 
(1) provide for the issuance of a Gold Star In-
stallation Access Card to Gold Star family members 
who are the survivors of deceased members of the 
Armed Forces in order to expedite the ability of a 
Gold Star family member to gain unescorted access 
to military installations for the purpose of obtaining 
the on-base services and benefits for which the Gold 
Star family member is entitled or eligible; 
(2) work jointly to ensure that a Gold Star In-
stallation Access Card issued to a Gold Star family 
member by one Armed Force is accepted for access 
to military installations of another Armed Force; 
and 
(3) in developing, issuing, and accepting the 
Gold Star Installation Access Card—
276 
(A) prevent fraud in the procurement or 
use of the Gold Star Installation Access Card; 
(B) limit installation access to those areas 
that provide the services and benefits for which 
the Gold Star family member is entitled or eli-
gible; and 
(C) ensure that the availability and use of 
the Gold Star Installation Access Card does not 
adversely affect military installation security. 
SEC. 597. ANNUAL REPORT ON PERFORMANCE OF RE-
GIONAL OFFICES OF THE DEPARTMENT OF 
VETERANS AFFAIRS. 
Section 7734 of title 38, United States Code, is 
amended— 
(1) in the first sentence, by inserting before the 
period the following: ‘‘and on the performance of 
any regional office that fails to meet its administra-
tive goals’’; 
(2) in paragraph (2), by striking ‘‘and’’; 
(3) by redesignating paragraph (3) as para-
graph (4); and 
(4) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) in the case of any regional office that, for 
the year covered by the report, did not meet the ad-
277 
ministrative goal of no claim pending for more than 
125 days and an accuracy rating of 98 percent— 
‘‘(A) a signed statement prepared by the 
individual serving as director of the regional of-
fice as of the date of the submittal of the report 
containing— 
‘‘(i) an explanation for why the re-
gional office did not meet the goal; 
‘‘(ii) a description of the additional re-
sources needed to enable the regional office 
to reach the goal; and 
‘‘(iii) a description of any additional 
actions planned for the subsequent year 
that are proposed to enable the regional of-
fice to meet the goal; and 
‘‘(B) a statement prepared by the Under 
Secretary for Benefits explaining how the fail-
ure of the regional office to meet the goal af-
fected the performance evaluation of the direc-
tor of the regional office; and’’.
278 
SEC. 598. PRELIMINARY MENTAL HEALTH SCREENINGS 
FOR INDIVIDUALS BECOMING MEMBERS OF 
THE ARMED FORCES. 
(a) IN GENERAL.—Chapter 31 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 520d. Preliminary mental health screenings 
‘‘(a) PROVISION OF MENTAL HEALTH SCREENING.— 
Before any individual enlists in an armed force or is com-
missioned as an officer in an armed force, the Secretary 
concerned shall provide the individual with a mental health 
screening. 
‘‘(b) USE OF SCREENING.—(1) The Secretary shall 
use the results of a mental screening conducted under sub-
section (a) as a baseline for any subsequent mental health 
examinations of the individual, including such examina-
tions provided under sections 1074f and 1074m of this 
title. 
‘‘(2) The Secretary may not consider the results of 
a mental health screening conducted under subsection (a) 
in determining the promotion of a member of the armed 
forces. 
‘‘(c) APPLICATION OF PRIVACY LAWS.—With respect 
to applicable laws and regulations relating to the privacy 
of information, the Secretary shall treat a mental health 
screening conducted under subsection (a) in the same
279 
manner as the medical records of a member of the armed 
forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
after the item relating to section 520c the following new 
item: 
‘‘520d. Preliminary mental health screenings.’’. 
(c) REPORTS.— 
(1) INITIAL REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the National Institute of Mental Health of 
the National Institutes of Health shall submit 
to Congress and the Secretary of Defense a re-
port on preliminary mental health screenings of 
members of the Armed Forces. 
(B) MATTERS
INCLUDED.—The report 
under subparagraph (A) shall include the fol-
lowing: 
(i) Recommendations with respect to 
establishing a preliminary mental health 
screening of members of the Armed Forces 
to bring mental health screenings to parity 
with physical screenings of members. 
(ii) Recommendations with respect to 
the composition of the mental health
280 
screening, evidenced-based best practices, 
and how to track changes in mental health 
screenings relating to traumatic brain inju-
ries, post-traumatic stress disorder, and 
other conditions. 
(C) COORDINATION.—The National Insti-
tute of Mental Health shall carry out subpara-
graph (A) in coordination with the Secretary of 
Veterans Affairs, the Secretary of Health and 
Human Services, the surgeons general of the 
military departments, and other relevant ex-
perts. 
(2) REPORTS ON EFFICACY OF SCREENINGS.— 
(A) SECRETARY OF DEFENSE.—Not later 
than one year after the date on which the Sec-
retary of Defense begins providing preliminary 
mental health screenings under section 520d(a) 
of title 10, United States Code, as added by 
subsection (a), the Secretary shall submit to 
Congress a report on the efficacy of such pre-
liminary mental health screenings. 
(B) COMPTROLLER GENERAL.—Not later 
than one year after the submittal of the report 
under subparagraph (A), the Comptroller Gen-
eral of the United States shall submit to Con-
281 
gress a report on the efficacy of the preliminary 
mental health screenings described in such sub-
paragraph. 
(C) MATTERS INCLUDED.—The reports re-
quired by subparagraphs (A) and (B) shall in-
clude the following: 
(i) An evaluation of the evidence- 
based best practices used by the Secretary 
in composing and conducting preliminary 
mental health screenings of members of 
the Armed Forces under such section 
520d(a). 
(ii) An evaluation of the evidence- 
based best practices used by the Secretary 
in tracking changes in mental health 
screenings relating to traumatic brain inju-
ries, post-traumatic stress disorder, and 
other conditions among members of the 
Armed Forces. 
(d) IMPLEMENTATION
OF PRELIMINARY MENTAL 
HEALTH SCREENING.—The Secretary of Defense may not 
provide a preliminary mental health screening under sec-
tion 520d(a) of title 10, United States Code, as added by 
subsection (a), until the Secretary receives and evaluates 
the initial report required by subsection (c)(1).
282 
(e) REPORT ON EFFICACY OF PHYSICAL EXAMINA-
TIONS FOR CERTAIN MEMBERS OF THE ARMED FORCES 
UPON SEPARATION FROM ACTIVE DUTY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Congress a report 
on the efficacy of the mental health components of 
the physical examinations provided under paragraph 
(5) of section 1145(a) of title 10, United States 
Code, to members of the Armed Forces who are sep-
arated from active duty as described in paragraph 
(2) of such section. 
(2) EVALUATION OF EFFECTIVENESS.—The re-
port required by paragraph (1) shall include an eval-
uation of the effectiveness of the physical examina-
tions described in such subsection in— 
(A) identifying members of the Armed 
Forces with traumatic brain injury, post-trau-
matic stress disorder, and other mental health 
conditions; and 
(B) ensuring that health care is provided 
for such members.
283 
SEC. 599. REPORT REGARDING NEW RULEMAKING UNDER 
THE MILITARY LENDING ACT AND DEFENSE 
MANPOWER DATA CENTER REPORTS AND 
MEETINGS. 
(a) REPORT
ON NEW MILITARY LENDING ACT 
RULEMAKING.—After the issuance by the Secretary of De-
fense of the regulation issued with regard to section 987 
of title 10, United States Code (commonly known as the 
Military Lending Act), and part of 232 of title 32, Code 
of Federal Regulations (its implementing regulation), but 
before the relevant compliance date for any provisions of 
such regulation that relate to the identification of a cov-
ered borrower under the Military Lending Act, the Sec-
retary shall submit to Congress a report that discusses— 
(1) the ability and reliability of the Defense 
Manpower Data Center in meeting real-time re-
quests for accurate information needed to make a 
determination regarding whether a borrower is cov-
ered by the Military Lending Act; or 
(2) an alternate mechanism or mechanisms for 
identifying such covered borrowers. 
(b) DEFENSE MANPOWER DATA CENTER REPORTS 
AND MEETINGS.— 
(1) REPORTS ON ACCURACY, RELIABILITY, AND 
INTEGRITY OF SYSTEMS.—The Director of the De-
fense Manpower Data Center shall submit to Con-
284 
gress reports on the accuracy, reliability, and integ-
rity of the Defense Manpower Data Center systems 
used to identify covered borrowers and covered pol-
icyholders under military consumer protection laws. 
The first report is due six months after the date of 
the enactment of this Act, and the Director shall 
submit additional reports every six months there-
after as necessary to show improvements in the ac-
curacy, reliability, and integrity of such systems. 
(2) REPORT ON PLAN TO STRENGTHEN CAPA-
BILITIES.—Not later than six months after the date 
of the enactment of this Act, the Director of the De-
fense Manpower Data Center shall submit to Con-
gress a report on plans to strengthen the capabilities 
of the Defense Manpower Data Center systems, in-
cluding staffing levels and funding, in order to im-
prove the identification of covered borrowers and 
covered policyholders under military consumer pro-
tection laws. 
(3) MEETINGS WITH PRIVATE SECTOR USERS 
OF SYSTEMS.—The Director of the Defense Man-
power Data Center shall meet regularly with private 
sector users of Defense Manpower Data Center sys-
tems used to identify covered borrowers and covered 
policyholders under military consumer protection
285 
laws to learn about issues facing such users and to 
develop ways of addressing such issues. The first 
meeting pursuant to this requirement shall take 
place with three months after the date of the enact-
ment of this Act. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. 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, 2015’’ and insert-
ing ‘‘December 31, 2016’’. 
SEC. 602. PROHIBITION ON PER DIEM ALLOWANCE REDUC-
TIONS BASED ON THE DURATION OF TEM-
PORARY DUTY ASSIGNMENT OR CIVILIAN 
TRAVEL. 
(a) MEMBERS OF THE UNIFORMED SERVICES.—Sec-
tion 474(d)(3) of title 37, United States Code, is amended 
by adding at the end the following new sentence: ‘‘The 
Secretaries concerned shall not alter the amount of the 
per diem allowance, or the maximum amount of reim-
bursement, for a locality based on the duration of the tem-
286 
porary duty assignment of a member of the uniformed 
services in the locality.’’. 
(b) CIVILIAN EMPLOYEES.—Section 5702(a)(2) of 
title 5, United States Code, is amended by adding at the 
end the following new sentence: ‘‘The Secretary of the De-
partment of Defense shall not alter the amount of the per 
diem allowance, or the maximum amount of reimburse-
ment, for a locality based on the duration of the travel 
of an employee of the Department in the locality.’’. 
(c) REPEAL OF POLICY AND REGULATIONS.—The 
policy, and any regulations issued pursuant to such policy, 
implemented by the Secretary of the Department of De-
fense on November 1, 2014, with respect to reductions in 
per diem allowances based on duration of temporary duty 
assignment or civilian travel shall have no force or effect. 
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, 2015’’ and 
inserting ‘‘December 31, 2016’’: 
(1) Section 308b(g), relating to Selected Re-
serve reenlistment bonus.
287 
(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 Re-
serve 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. 
(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 ex-
periencing extended and frequent mobilization for 
active duty service.
288 
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, 2015’’ and inserting ‘‘December 31, 
2016’’: 
(1) Section 2130a(a)(1), relating to nurse offi-
cer 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 
‘‘December 31, 2015’’ and inserting ‘‘December 31, 
2016’’: 
(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. 
(3) Section 302e(a)(1), relating to incentive 
special pay for nurse anesthetists. 
(4) Section 302g(e), relating to special pay for 
Selected Reserve health professionals in critically 
short wartime specialties.
289 
(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, 2015’’ and 
inserting ‘‘December 31, 2016’’: 
(1) Section 312(f), relating to special pay for 
nuclear-qualified officers extending period of active 
service. 
(2) Section 312b(c), relating to nuclear career 
accession bonus. 
(3) Section 312c(d), relating to nuclear career 
annual incentive bonus.
290 
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, 2015’’ and 
inserting ‘‘December 31, 2016’’: 
(1) Section 331(h), relating to general bonus 
authority for enlisted members. 
(2) Section 332(g), relating to general bonus 
authority 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 
professions. 
(6) Section 336(g), relating to contracting 
bonus for cadets and midshipmen enrolled in the 
Senior Reserve Officers’ Training Corps. 
(7) Section 351(h), relating to hazardous duty 
pay. 
(8) Section 352(g), relating to assignment pay 
or special duty pay.
291 
(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, 2015’’ and 
inserting ‘‘December 31, 2016’’: 
(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 pur-
suing foreign language proficiency. 
(6) Section 324(g), relating to accession bonus 
for new officers in critical skills.
292 
(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 branches of the Armed Forces. 
(9) Section 330(f), relating to accession bonus 
for officer candidates. 
SEC. 616. INCREASE IN MAXIMUM ANNUAL AMOUNT OF NU-
CLEAR OFFICER BONUS PAY. 
Section 333(d)(1)(A) of title 37, United States Code, 
is amended by striking ‘‘$35,000’’ and inserting 
‘‘$50,000’’. 
SEC. 617. MODIFICATION TO SPECIAL AVIATION INCENTIVE 
PAY AND BONUS AUTHORITIES FOR OFFI-
CERS. 
(a) CLARIFICATION OF SECRETARIAL AUTHORITY TO 
SET REQUIREMENTS FOR AVIATION INCENTIVE PAY ELI-
GIBILITY.—Section 334(a) of title 37, United States Code, 
is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) INCENTIVE
PAY
AUTHORIZED; 
ELIGI-
BILITY.—The Secretary’’; 
(2) by designating existing paragraphs (1), (2), 
(3), (4), and (5) as subparagraphs (A), (B), (C),
293 
(D), and (E), respectively, and moving the margin of 
such subparagraphs, as so designated, 2 ems to the 
right; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) OFFICERS NOT CURRENTLY ENGAGED IN 
FLYING DUTY.—The Secretary concerned may pay 
aviation incentive pay under this section to an offi-
cer who is otherwise qualified for such pay but who 
is not currently engaged in the performance of oper-
ational flying duty or proficiency flying duty if the 
Secretary determines, under regulations prescribed 
under section 374 of this title, that payment of avia-
tion incentive pay to that officer is in the best inter-
ests of the service.’’. 
(b) RESTORATION OF AUTHORITY TO PAY AVIATION 
INCENTIVE PAY
TO MEDICAL OFFICERS PERFORMING 
FLIGHT SURGEON DUTIES.—Section 334(h)(1) of title 
37, United States Code, is amended by striking ‘‘(except 
a flight surgeon or other medical officer)’’. 
(c) INCREASE IN MAXIMUM AMOUNT OF AVIATION 
SPECIAL PAYS.—Section 334(c)(1) of title 37, United 
States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘$850’’ 
and inserting ‘‘$1,000’’.
294 
(2) in subparagraph (B), is amended by strik-
ing ‘‘$25,000’’ and inserting ‘‘$35,000’’. 
(d) AUTHORITY TO PAY AVIATION BONUS AND SKILL 
INCENTIVE PAY SIMULTANEOUSLY TO OFFICERS.—Sec-
tion 334(f) of title 37, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘353’’ and in-
serting ‘‘353(a)’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘a payment’’ and inserting 
‘‘a bonus payment’’; and 
(B) by striking ‘‘353’’ and inserting 
‘‘353(b)’’. 
SEC. 618. REPEAL OF OBSOLETE SPECIAL TRAVEL AND 
TRANSPORTATION 
ALLOWANCE 
FOR 
SUR-
VIVORS OF DECEASED MEMBERS OF THE 
ARMED FORCES FROM THE VIETNAM CON-
FLICT. 
(a) REPEAL AND REDESIGNATION.—Section 481f of 
title 37, United States Code, is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e), (f), (g), 
and (h) as subsections (d), (e), (f), and (g). 
(b) CONFORMING AMENDMENT
TO CROSS REF-
ERENCE.—Section 2493(a)(4)(B)(ii) of title 10, United
295 
States Code, is amended by striking ‘‘section 481f(e)’’ and 
inserting ‘‘section 481f(d)’’. 
Subtitle C—Modernization of 
Military Retirement System 
SEC. 631. FULL PARTICIPATION FOR MEMBERS OF THE 
UNIFORMED SERVICES IN THRIFT SAVINGS 
PLAN. 
(a) MODERNIZED RETIREMENT SYSTEM.— 
(1) DEFINITIONS.—Section 8440e(a) of title 5, 
United States Code, is amended by striking para-
graphs (1) and (2) and inserting the following new 
paragraphs: 
‘‘(1) the term ‘basic pay’ means basic pay pay-
able under section 204 of title 37; 
‘‘(2) the term ‘full TSP member’ means a mem-
ber described in subsection (e)(1); 
‘‘(3) the term ‘member’ has the meaning given 
the term in section 211 of title 37; and 
‘‘(4) the term ‘Secretary concerned’ has the 
meaning given the term in section 101 of title 37.’’. 
(2) TSP 
MATCHING
CONTRIBUTIONS.—Sub-
section (e) of section 8440e of title 5, United States 
Code, is amended to read as follows: 
‘‘(e) MODERNIZED RETIREMENT SYSTEM.—
296 
‘‘(1) TSP MATCHING
CONTRIBUTIONS.—Not-
withstanding any other provision of law, the Sec-
retary concerned shall make contributions to the 
Thrift Savings Fund, in accordance with section 
8432 of this title (except to the extent the require-
ments under such section are modified by this sub-
section), for the benefit of a member— 
‘‘(A) who first enters a uniformed service 
on or after October 1, 2017; or 
‘‘(B) who entered a uniformed service be-
fore that date, but who makes the election de-
scribed in section 1409(b)(4) of title 10 to re-
ceive Thrift Savings Plan matching contribu-
tions under this subsection in exchange for the 
reduced 
multipliers 
described 
in 
section 
1409(b)(4)(B) of title 10 for purposes of calcu-
lating the retired pay of the member. 
‘‘(2) MATCHING
AMOUNT.—The amount con-
tributed under this subsection by the Secretary con-
cerned with respect to any contribution made by a 
full TSP member for any pay period shall be equal 
to such portion of the total amount of the member’s 
contribution as does not exceed 5 percent of the 
member’s basic pay for the pay period. Such amount 
contributed under this subsection is instead of, and
297 
not in addition to, amounts contributed under sec-
tion 8432(c)(2) of this title. 
‘‘(3) TIMING
AND
DURATION
OF
MATCHING 
CONTRIBUTIONS.—The Secretary concerned shall 
make a contribution under this subsection on behalf 
of a full TSP member for any pay period for the 
member that— 
‘‘(A) begins on or after December 1, 2017; 
and 
‘‘(B) covers any period of service by the 
member after the member completes two years 
of service. 
‘‘(4) PROTECTIONS FOR SPOUSES AND FORMER 
SPOUSES.—Section 8435 of this title shall apply to 
a full TSP member in the same manner as such sec-
tion is applied to an employee or Member under 
such section.’’. 
(b) AUTOMATIC ENROLLMENT IN THRIFT SAVINGS 
PLAN.—Section 8432(b)(2) of title 5, United States Code, 
is amended— 
(1) in subparagraph (D)(ii), by striking ‘‘Mem-
bers’’ and inserting ‘‘(ii) Except in the case of a full 
TSP member (as defined in section 8440e(a) of this 
title), members’’;
299 
‘‘(6) For purposes of this subsection, a member of 
the uniformed services shall be considered to have sepa-
rated from Government employment if the member is dis-
charged or released from service in the uniformed serv-
ices.’’. 
(d) THRIFT SAVINGS PLAN DEFAULT INVESTMENT 
FUND.—Section 8438(c)(2) of title 5, United States Code, 
is amended— 
(1) in subparagraph (A), by striking ‘‘(A) Con-
sistent with the requirements of subparagraph (B), 
if an’’ and inserting ‘‘If an’’; and 
(2) by striking subparagraph (B). 
(e) REPEAL OF SEPARATE CONTRIBUTION AGREE-
MENT AUTHORITY.— 
(1) REPEAL.—Section 211 of title 37, United 
States Code, is amended— 
(A) by striking subsection (d); and 
(B) by redesignating subsection (e) as sub-
section (d). 
(2) 
CONFORMING
AMENDMENT.—Section 
8432b(c)(2)(B) of title 5, United States Code, is 
amended by striking ‘‘(including pursuant to an 
agreement under section 211(d) of title 37)’’.
300 
SEC. 632. MODERNIZED RETIREMENT SYSTEM FOR MEM-
BERS OF THE UNIFORMED SERVICES. 
(a) REGULAR SERVICE.—Section 1409(b) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(4) MODERNIZED RETIREMENT SYSTEM.— 
‘‘(A) REDUCED
MULTIPLIER
FOR
FULL 
TSP
MEMBERS.—Notwithstanding paragraphs 
(1), (2), and (3), in the case of a member who 
first becomes a member of the uniformed serv-
ices on or after October 1, 2017, or a member 
who makes the election described in subpara-
graph (B) (referred to as a ‘full TSP mem-
ber’)— 
‘‘(i) paragraph (1)(A) shall be applied 
by substituting ‘2’ for ‘21⁄2’; 
‘‘(ii) clause (i) of paragraph (3)(B) 
shall be applied by substituting ‘60 per-
cent’ for ‘75 percent’; and 
‘‘(iii) clause (ii)(I) of such paragraph 
shall be applied by substituting ‘2’ for 
‘21⁄2’. 
‘‘(B) ELECTION TO PARTICIPATE IN MOD-
ERNIZED RETIREMENT SYSTEM.—Pursuant to 
subparagraph (C), a member of a uniformed 
service serving on September 30, 2017, may
301 
elect, in exchange for the reduced multipliers 
described in subparagraph (A) for purposes of 
calculating the retired pay of the member, to 
receive Thrift Savings Plan matching contribu-
tions pursuant to section 8440e(e) of title 5. 
‘‘(C) ELECTION PERIOD.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (ii) and (iii), a member of 
a uniformed service may make the election 
authorized by subparagraph (B) only dur-
ing the period that begins on January 1, 
2018, and ends on December 31, 2018. 
‘‘(ii) 
HARDSHIP
EXTENSION.—The 
Secretary concerned may extend the elec-
tion period described in clause (i) for a 
member who experiences a hardship as de-
termined by the Secretary concerned. 
‘‘(iii) EFFECT
OF
BREAK
IN
SERV-
ICE.—A member of a uniformed service 
who returns to service after a break in 
service that occurs during the election pe-
riod specified in clause (i) shall make the 
election described in subparagraph (B) 
within 30 days after the date of the re-
entry into service of the member.
302 
‘‘(D) REGULATIONS.—The Secretary con-
cerned shall prescribe regulations to implement 
this paragraph.’’. 
(b) NON-REGULAR SERVICE.—Section 12739 of title 
10, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(f) MODERNIZED RETIREMENT SYSTEM.— 
‘‘(1) REDUCED
MULTIPLIER
FOR
FULL
TSP 
MEMBERS.—In the case of a person who first per-
forms reserve component service on or after October 
1, 2017, after not having performed regular or re-
serve component service on or before that date— 
‘‘(A) subsection (a)(2) shall be applied by 
substituting ‘2 percent’ for ‘21⁄2 percent’; 
‘‘(B) subparagraph (A) of subsection (c)(2) 
shall be applied by substituting ‘60 percent’ for 
‘75 percent’; and 
‘‘(C) subparagraph (B)(ii) of such sub-
section shall be applied by substituting ‘2 per-
cent’ for ‘21⁄2 percent’. 
‘‘(2) REGULATIONS.—The Secretary concerned 
shall prescribe regulations to implement this sub-
section.’’. 
(c) COORDINATING AMENDMENTS TO OTHER RE-
TIREMENT AUTHORITIES.—
303 
(1) DISABILITY, 
WARRANT
OFFICERS, 
AND 
DOPMA RETIRED PAY.— 
(A) COMPUTATION OF RETIRED PAY.—The 
table in section 1401(a) of title 10, United 
States Code, is amended— 
(i) in paragraph (1) in column 2 of 
formula number 1, by striking ‘‘21⁄2% of 
years of service credited to him under sec-
tion 1208’’ and inserting ‘‘the retired pay 
multiplier determined for the member 
under section 1409 of this title’’; and 
(ii) in paragraph (1) in column 2 of 
formula number 2, by striking ‘‘21⁄2% of 
years of service credited to him under sec-
tion 1208’’ and inserting ‘‘the retired pay 
multiplier determined for the member 
under section 1409 of this title’’; and 
(iii) in column 2 of each of formula 
number 4 and formula number 5, by strik-
ing ‘‘section 1409(a)’’ and inserting ‘‘sec-
tion 1409’’. 
(B) CLARIFICATION REGARDING MODERN-
IZED RETIREMENT SYSTEM.—Section 1401a(b) 
of title 10, United States Code, is amended—
304 
(i) by redesignating paragraph (5) as 
paragraph (6); and 
(ii) by inserting after paragraph (4) 
the following new paragraph (5): 
‘‘(5) ADJUSTMENTS
FOR
PARTICIPANTS
IN 
MODERNIZED
RETIREMENT
SYSTEM.—Notwith-
standing paragraph (3), if a member or former 
member makes the election described in section 
1409(b)(4) of this title, the Secretary shall increase 
the retired pay of such member in accordance with 
paragraph (2).’’. 
(2) 15-YEAR CAREER STATUS BONUS.—Section 
354 of title 37, United States Code, is amended— 
(A) in subsection (f)— 
(i) by striking ‘‘If a’’ and inserting 
‘‘(1) If a’’; and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(2) If a person who is paid a bonus under this sec-
tion subsequently makes an election described in section 
1409(b)(4) of title 10, the person shall repay any bonus 
payments received under this section in the same manner 
as repayments are made under section 373 of this title.’’; 
and
305 
(B) by adding at the end the following new 
subsection: 
‘‘(g) SUNSET AND CONTINUATION OF PAYMENTS.— 
(1) A Secretary concerned may not pay a new bonus under 
this section after September 30, 2017. 
‘‘(2) Subject to subsection (f)(2), the Secretary con-
cerned may continue to make payments for bonuses that 
were awarded under this section on or before the date 
specified in paragraph (1).’’. 
(3) APPLICATION TO NATIONAL OCEANIC AND 
ATMOSPHERIC
ADMINISTRATION
COMMISSIONED 
CORPS.—Paragraph (2) of section 245(a) of the Na-
tional Oceanic and Atmospheric Administration 
Commissioned Officer Corps Act of 2002 (33 U.S.C. 
3045(a)) is amended to read as follows: 
‘‘(2) the retired pay multiplier determined 
under section 1409 of such title for the number of 
years of service that may be credited to the officer 
under section 1405 of such title as if the officer’s 
service were service as a member of the Armed 
Forces.’’. 
(4) APPLICATION
TO
PUBLIC
HEALTH
SERV-
ICE.—Section 211(a)(4) of the Public Health Service 
Act (42 U.S.C. 212(a)(4)) is amended—
306 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘at the rate of 2 1⁄2 per centum 
of the basic pay of the highest grade held by 
him as such officer’’ and inserting ‘‘calculated 
by multiplying the retired pay base determined 
under section 1406 of title 10, United States 
Code, by the retired pay multiplier determined 
under section 1409 of such title for the num-
bers of years of service credited to the officer 
under this paragraph’’; and 
(B) in the matter following subparagraph 
(B)(iii)— 
(i) in subparagraph (C), by striking 
‘‘such pay, and’’ and inserting ‘‘such 
pay,’’; and 
(ii) in subparagraph (D), by striking 
‘‘such basic pay.’’ and inserting ‘‘such 
basic pay, and (E) in the case of any offi-
cer who makes the election described in 
section 1409(b)(4) of title 10, United 
States Code, subparagraph (C) shall be ap-
plied by substituting ‘40 per centum’ for 
‘50 per centum’ each place the term ap-
pears.’’.
307 
(d) 
CONFORMING
DELAY
IN
COST-OF-LIVING 
AMENDMENTS.— 
(1) DELAY.—The amendments made by section 
403(a) of the Bipartisan Budget Act of 2013 (Public 
Law 113–67; 127 Stat. 1186), as amended by sec-
tion 10001 of the Department of Defense Appro-
priations Act, 2014 (division C of Public Law 113– 
76; 128 Stat. 151) and section 2 of Public Law 
113–82 (128 Stat. 1009), shall take effect on Octo-
ber 1, 2017, rather than December 1, 2015. 
(2) COVERED MEMBERS.—Subparagraph (G) of 
section 1401a(b)(4) of title 10, United States Code, 
which shall take effect October 1, 2017, pursuant 
paragraph (1) and section 403(a) of the Bipartisan 
Budget Act of 2013 (Public Law 113–67; 127 Stat. 
1186), section 10001 of the Department of Defense 
Appropriations Act, 2014 (division C of Public Law 
113–76; 128 Stat. 151) and section 2 of Public Law 
113–82 (128 Stat. 1009), is amended by striking 
‘‘January 1, 2014’’ and inserting ‘‘October 1, 
2017’’. 
(3) CONFORMING
REPEAL.—Effective on the 
date of the enactment of this Act, section 623 of the 
National Defense Authorization Act for Fiscal Year
308 
2015 (Public Law 113–291; 128 Stat. 3403) is re-
pealed. 
SEC. 633. CONTINUATION PAY FOR FULL TSP MEMBERS 
WITH 12 YEARS OF SERVICE. 
(a) CONTINUATION PAY.—Subchapter II of chapter 
5 of title 37, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 356. Continuation pay: full TSP members with 12 
years of service 
‘‘(a) CONTINUATION PAY.—The Secretary concerned 
shall make a payment of continuation pay to each full TSP 
member (as defined in section 8440e(a) of title 5) of the 
uniformed services under the jurisdiction of the Secretary 
who— 
‘‘(1) completes 12 years of service; and 
‘‘(2) enters into an agreement with the Sec-
retary to serve for an additional 4 years of obligated 
service. 
‘‘(b) AMOUNT.—The amount of continuation pay 
payable to a full TSP member under subsection (a) shall 
be the amount that is equal to— 
‘‘(1) in the case of a member of a regular com-
ponent— 
‘‘(A) the monthly basic pay of the member 
at 12 years of service multiplied by 2.5; plus
309 
‘‘(B) at the discretion of the Secretary con-
cerned, the monthly basic pay of the member at 
12 years of service multiplied by such number 
of months (not to exceed 13 months) as the 
Secretary concerned shall specify in the agree-
ment of the member under subsection (a); and 
‘‘(2) in the case of a member of a reserve com-
ponent— 
‘‘(A) the amount of monthly basic pay to 
which the member would be entitled at 12 years 
of service if the member were a member of a 
regular component multiplied by 0.5; plus 
‘‘(B) at the discretion of the Secretary con-
cerned, the amount of monthly basic pay de-
scribed in subparagraph (A) multiplied by such 
number of months (not to exceed 6 months) as 
the Secretary concerned shall specify in the 
agreement of the member under subsection (a). 
‘‘(c) ADDITIONAL DISCRETIONARY AUTHORITY.—In 
addition to the continuation pay required under subsection 
(a), the Secretary concerned may provide pay continuation 
pay under this subsection to a full TSP member described 
in subsection (a), and subject to the service agreement re-
ferred to in paragraph (2) of such subsection, in an 
amount determined by the Secretary concerned.
310 
‘‘(d) TIMING
OF PAYMENT.—The Secretary con-
cerned shall pay continuation pay under subsection (a) to 
a full TSP member when the member completes 12 years 
of service. If the Secretary concerned also provides con-
tinuation pay under subsection (c) to the member, that 
continuation pay shall be provided when the member com-
pletes 12 years of service. 
‘‘(e) LUMP SUM OR INSTALLMENTS.—A full TSP 
member may elect to receive continuation pay provided 
under subsection (a) or (c) in a lump sum or in a series 
of not more than four payments. 
‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW-
ANCES.—Continuation pay under this section is in addi-
tion to any other pay or allowance to which the full TSP 
member is entitled. 
‘‘(g) REPAYMENT.—A full TSP member who receives 
continuation pay under this section (a) and fails to com-
plete the obligated service required under such subsection 
shall be subject to the repayment provisions of section 373 
of this title. 
‘‘(h) REGULATIONS.—Each Secretary concerned shall 
prescribe regulations to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 5 of title 37, United States
311 
Code, is amended by adding at the end the following new 
item: 
‘‘356. Continuation pay: full TSP members with 12 years of service.’’. 
SEC. 634. EFFECTIVE DATE AND IMPLEMENTATION. 
(a) EFFECTIVE DATE.—Except as provided in sec-
tion 632(d)(3), the amendments made by this subtitle 
shall take effect on October 1, 2017. 
(b) IMPLEMENTATION PLAN.—Not later than March 
1, 2016, the Secretaries concerned shall submit to the ap-
propriate committees of Congress a report containing a 
plan to ensure the full and effective commencement of the 
implementation of the amendments made by this section 
on the date specified in subsection (a). The Secretaries 
concerned, the Director of the Office of Personnel Man-
agement, and the Federal Retirement Thrift Investment 
Board shall take appropriate actions to ensure the full and 
effective implementation of the amendments. 
(c) ADDITIONAL
TECHNICAL
AND
CONFORMING 
AMENDMENTS.—The report required by subsection (b) 
shall contain a draft of such legislation as may be nec-
essary to make any additional technical and conforming 
changes to titles 10 and 37, United States Code, and other 
provisions of law that are required or should be made by 
reason of the amendments made by this subtitle. 
(d) DEFINITIONS.—In this section:
312 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Energy and Commerce, the Com-
mittee on Natural Resources, and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives; and 
(B) the Committee on Armed Services, the 
Committee on Commerce, Science, and Trans-
portation, the Committee on Energy and Nat-
ural Resources, and the Committee on Health, 
Education, Labor, and Pensions of the Senate. 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101 of title 37, 
United States Code. 
Subtitle D—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits and Operations 
SEC. 641. PRESERVING ASSURED COMMISSARY SUPPLY TO 
ASIA AND THE PACIFIC. 
(a) IN GENERAL.—The Secretary of Defense shall 
ensure that there are no changes to the second destination 
transportation policy that currently applies to fresh fruit 
and vegetable supplies for commissaries in Asia and the 
Pacific until the Defense Commissary Agency conducts
313 
and submits to Congress a comprehensive study on fresh 
fruit and vegetable supply for the region. 
(b) ELEMENTS OF STUDY.—The study required by 
subsection (a) shall include, at a minimum, for Japan, 
South Korea, Okinawa, and Guam— 
(1) an item-by-item review of the price, quality, 
and availability of fresh fruits and vegetables under 
both local sourcing models and second destination 
models, including an updated market survey of fresh 
fruits and vegetables in each location; 
(2) an item-by-item review of fresh fruits and 
vegetables to determine the most cost-effective way 
to supply each item in each location year-round 
without increasing prices to commissary consumers; 
and 
(3) a comprehensive review of supply models 
that would lower costs to the Defense Working Cap-
ital Fund, DECA, without increasing prices for com-
missary patrons.
314 
SEC. 642. PROHIBITION ON REPLACEMENT OR CONSOLIDA-
TION OF DEFENSE COMMISSARY AND EX-
CHANGE SYSTEMS PENDING SUBMISSION OF 
REQUIRED 
REPORT 
ON 
DEFENSE 
COM-
MISSARY SYSTEM. 
The Secretary of Defense shall take no action to re-
place or consolidate the defense commissary and exchange 
systems, including through the establishment of a new de-
fense resale system, before submission of the report on the 
defense commissary system required by section 634 of the 
National Defense Authorization Act for Fiscal Year 2015 
(Public Law 113–291). 
Subtitle E—Other Matters 
SEC. 651. IMPROVEMENT OF FINANCIAL LITERACY AND 
PREPAREDNESS 
OF 
MEMBERS 
OF 
THE 
ARMED FORCES. 
(a) SENSE OF CONGRESS ON FINANCIAL LITERACY 
AND PREPAREDNESS OF MEMBERS.—It is the sense of 
Congress that— 
(1) the Secretary of Defense should strengthen 
arrangements with other departments and agencies 
of the Federal Government and nonprofit organiza-
tions in order to improve the financial literacy and 
preparedness of members of the Armed Forces; and 
(2) the Chairman of the Joint Chiefs of Staff, 
the Chief of Staff of the Army, the Chief of Naval
315 
Operations, the Chief of Staff of the Air Force, and 
the Commandant of the Marine Corps should pro-
vide support for the financial literacy and prepared-
ness training carried out under section 992 of title 
10, United States Code, as amended by subsections 
(b), (c), and (d). 
(b) PROVISION OF FINANCIAL LITERACY AND PRE-
PAREDNESS TRAINING.—Subsection (a) of section 992 of 
title 10, United States Code, is amended— 
(1) in the subsection heading, by striking 
‘‘CONSUMER EDUCATION’’ and inserting ‘‘FINAN-
CIAL LITERACY TRAINING’’; 
(2) in paragraph (1), by striking ‘‘education’’ in 
the matter preceding subparagraph (A) and insert-
ing ‘‘financial literacy training’’; 
(3) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) Training under this subsection shall be provided 
to a member of the armed forces— 
‘‘(A) as a component of the initial entry train-
ing of the member; 
‘‘(B) upon arrival at the first duty station of 
the member;
316 
‘‘(C) upon arrival at each subsequent duty sta-
tion, in the case of a member in pay grade E–4 or 
below or in pay grade O–3 or below; 
‘‘(D) on the date of promotion of the member, 
in the case of a member in pay grade E–5 or below 
or in pay grade O–4 or below; 
‘‘(E) when the member vests in the Thrift Sav-
ings Plan (TSP) under section 8432(g)(2)(C) of title 
5; 
‘‘(F) when the member becomes entitled to re-
ceive continuation pay under section 356 of title 37, 
at which time the training shall include, at a min-
imum, information on options available to the mem-
ber regarding the use of continuation pay; 
‘‘(G) at each major life event during the service 
of the member, such as— 
‘‘(i) marriage; 
‘‘(ii) divorce; 
‘‘(iii) birth of first child; or 
‘‘(iv) disabling sickness or condition; 
‘‘(H) during leadership training; 
‘‘(I) during pre-deployment training and during 
post-deployment training; 
‘‘(J) at transition points in the service of the 
member, such as—
317 
‘‘(i) transition from a regular component 
to a reserve component; 
‘‘(ii) separation from service; or 
‘‘(iii) retirement; and 
‘‘(K) as a component of periodically recurring 
required training that is provided to the member at 
a military installation.’’; 
(4) in paragraph (3), by striking ‘‘paragraph 
(2)(B)’’ and inserting ‘‘paragraph (2)(J)’’; and 
(5) by adding at the end the following new 
paragraph: 
‘‘(4) The Secretary concerned shall prescribe regula-
tions setting forth any other events and circumstances (in 
addition to the events and circumstances described in 
paragraph (2)) upon which the training required by this 
subsection will be provided.’’. 
(c) SURVEY
OF MEMBERS’ FINANCIAL LITERACY 
AND PREPAREDNESS.—Section 992 of title 10, United 
States Code, is further amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) FINANCIAL
LITERACY
AND
PREPAREDNESS 
SURVEY.—(1) The Director of the Defense Manpower
318 
Data Center shall annually include in the status of forces 
survey a survey of the status of the financial literacy and 
preparedness of members of the armed forces. 
‘‘(2) The results of the annual financial literacy and 
preparedness survey— 
‘‘(A) shall be used by each of the Secretaries 
concerned as a benchmark to evaluate and update 
training provided under this section; and 
‘‘(B) shall be submitted to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives.’’. 
(d) FINANCIAL SERVICES DEFINED.—Subsection (e) 
of section 992 of title 10, United States Code, as redesig-
nated by subsection (c)(1) of this section, is amended by 
adding at the end the following new paragraph: 
‘‘(4) Health insurance, budget management, 
Thrift Savings Plan (TSP), retirement lump sum 
payments (including rollover options and tax con-
sequences), and Survivor Benefit Plan (SBP) .’’. 
(e) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
992 of title 10, United States Code, is amended to 
read as follows:
319 
‘‘§ 992. Financial literacy training: financial services’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 50 of such title is 
amended by striking the item related to section 992 
and inserting the following new item: 
‘‘992. Financial literacy training: financial services.’’. 
(f) IMPLEMENTATION.—Not later than six months 
after the date of the enactment of this Act, the Secretary 
of the military department concerned and the Secretary 
of the Department in which the Coast Guard is operating 
shall commence providing financial literacy training under 
section 992 of title 10, United States Code, as amended 
by subsections (b), (c), and (d) of this section, to members 
of the Armed Forces. 
SEC. 652. AVAILABILITY FOR PURCHASE OF DEPARTMENT 
OF 
VETERANS 
AFFAIRS 
MEMORIAL 
HEADSTONES AND MARKERS FOR MEMBERS 
OF 
RESERVE 
COMPONENTS 
WHO 
PER-
FORMED CERTAIN TRAINING. 
Section 2306 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(i)(1) The Secretary shall make available for pur-
chase a memorial headstone or marker for the marked or 
unmarked grave of an individual described in paragraph
320 
(2) or for the purpose of commemorating such an indi-
vidual whose remains are unavailable. 
‘‘(2) An individual described in this paragraph is an 
individual who— 
‘‘(A) as a member of a National Guard or Re-
serve component performed inactive duty training or 
active duty for training for at least six years but did 
not serve on active duty; and 
‘‘(B) is not otherwise ineligible for a memorial 
headstone or marker on account of the nature of the 
individual’s separation from the Armed Forces or 
other cause. 
‘‘(3) A headstone or marker for the grave of an indi-
vidual may be purchased under this subsection by— 
‘‘(A) the individual; 
‘‘(B) the surviving spouse, child, sibling, or par-
ent of the individual; or 
‘‘(C) an individual other than the next of kin, 
as determined by the Secretary of Veterans Affairs. 
‘‘(4) In establishing the prices of the headstones and 
markers made available for purchase under this section, 
the Secretary shall ensure the prices are sufficient to cover 
the costs associated with the production and delivery of 
such headstones and markers.
321 
‘‘(5) No person may receive any benefit under the 
laws administered by the Secretary of Veterans Affairs 
solely by reason of this subsection. 
‘‘(6) This subsection does not authorize any new bur-
ial benefit for any person or create any new authority for 
any individual to be buried in a national cemetery. 
‘‘(7) The Secretary shall coordinate with the Sec-
retary of Defense in establishing procedures to determine 
whether an individual is an individual described in para-
graph (2).’’. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—TRICARE and Other 
Health Care Benefits 
SEC. 701. JOINT UNIFORM FORMULARY FOR TRANSITION 
OF CARE. 
(a) JOINT FORMULARY.—Not later than June 1, 
2016, the Secretary of Defense and the Secretary of Vet-
erans Affairs shall jointly establish a joint uniform for-
mulary for the Department of Veterans Affairs and the 
Department of Defense with respect to pharmaceutical 
agents that are critical for the transition of an individual 
from receiving treatment furnished by the Secretary of 
Defense to treatment furnished by the Secretary of Vet-
erans Affairs.
322 
(b) SELECTION.—The Secretaries shall select for in-
clusion on the joint uniform formulary established under 
subsection (a) pharmaceutical agents relating to— 
(1) the control of pain, sleep disorders, and psy-
chiatric conditions, including post-traumatic stress 
disorder; and 
(2) any other conditions determined appropriate 
by the Secretaries. 
(c) REPORT.—Not later than July 1, 2016, the Secre-
taries shall jointly submit to the appropriate congressional 
committees a report on the joint uniform formulary estab-
lished under subsection (a), including a list of the pharma-
ceutical agents selected for inclusion on the formulary. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committees on Veterans’ Affairs of 
the House of Representatives and the Senate. 
(2) The term ‘‘pharmaceutical agent’’ has the 
meaning given that term in section 1074g(g) of title 
10, United States Code. 
(e) 
CONFORMING
AMENDMENT.—Section 
1074g(a)(2)(A) of title 10, United States Code, is amend-
323 
ed by adding at the end the following new sentence: ‘‘With 
respect to members of the uniformed services, such uni-
form formulary shall include pharmaceutical agents on the 
joint uniform formulary established under section 701 of 
the National Defense Authorization Act for Fiscal Year 
2016.’’. 
SEC. 702. ACCESS TO BROAD RANGE OF METHODS OF CON-
TRACEPTION APPROVED BY THE FOOD AND 
DRUG ADMINISTRATION FOR MEMBERS OF 
THE ARMED FORCES AND MILITARY DEPEND-
ENTS AT MILITARY TREATMENT FACILITIES. 
(a) IN GENERAL.—Commencing not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall ensure that every military medical 
treatment facility has a sufficient stock of a broad range 
of methods of contraception approved by the Food and 
Drug Administration to be able to dispense any such 
method of contraception to any women members of the 
Armed Forces and female covered beneficiaries who re-
ceive care through such facility. 
(b) COVERED BENEFICIARY DEFINED.—In this sec-
tion, the term ‘‘covered beneficiary’’ has the meaning 
given that term in section 1072(5) of title 10, United 
States Code.
324 
SEC. 703. ACCESS TO CONTRACEPTIVE METHOD FOR DURA-
TION OF DEPLOYMENT. 
The Secretary of Defense shall ensure that, whenever 
possible, a female member of the Armed Forces who uses 
prescription contraception on a long-term basis should be 
given prior to deployment a sufficient supply of the pre-
scription contraceptive for the duration of the deployment. 
SEC. 704. ACCESS TO INFERTILITY TREATMENT FOR MEM-
BERS OF THE ARMED FORCES AND DEPEND-
ENTS. 
(a) ACCESS.—Pursuant to the findings contained in 
the report required by section 729 of the National Defense 
Authorization Act for Fiscal Year 2015 (Public Law 113– 
291), the Secretary of Defense, in coordination with the 
Secretaries of the military departments, shall provide to 
members of the Armed Forces and dependents of members 
of the Armed Forces access to reproductive counseling and 
treatments for infertility. 
(b) CONTINUITY OF SERVICES.—In carrying out sub-
section (a), the Secretary shall ensure that members and 
dependents are provided continuity of services as appro-
priate if treatments for infertility are disrupted, including 
pursuant to a change of duty station.
325 
SEC. 705. ACCESS TO TRICARE PRIME FOR CERTAIN BENE-
FICIARIES. 
(a) ACCESS.—Section 732(c)(3) of the National De-
fense Authorization Act for Fiscal Year 2013 (10 U.S.C. 
1097a note) is amended to read as follows: 
‘‘(3) RESIDENCE AT TIME OF ELECTION.— 
‘‘(A) Except as provided by subparagraph 
(B), 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— 
‘‘(i) in a ZIP code that is in a region 
described in subsection (d)(1)(B); and 
‘‘(ii) within 100 miles of a military 
medical treatment facility. 
‘‘(B) Subparagraph (A)(ii) shall not apply 
with respect to an affected eligible beneficiary 
who— 
‘‘(i) as of December 25, 2013, resides 
farther than 100 miles from a military 
medical treatment facility; and 
‘‘(ii) is such an eligible beneficiary by 
reason of service in the Army, Navy, Air 
Force, or Marine Corps.’’. 
(b) FUNDING.—
326 
(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, 
is hereby increased by $4,000,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the 
amounts authorized to be appropriated in section 
301 for operation and maintenance, Navy, Line 040, 
Air Operations and Safety Support, MV–22 Fleet 
Engineering Support Unfunded Requirement, as 
specified in the corresponding funding table in sec-
tion 4301, is hereby reduced by $4,000,000. 
Subtitle B—Health Care 
Administration 
SEC. 711. UNIFIED MEDICAL COMMAND. 
(a) UNIFIED COMBATANT COMMAND.— 
(1) IN GENERAL.—Chapter 6 of title 10, United 
States Code, is amended by inserting after section 
167a the following new section: 
‘‘§ 167b. Unified combatant command for medical op-
erations 
‘‘(a) ESTABLISHMENT.—With the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff, the
327 
President, through the Secretary of Defense, shall estab-
lish under section 161 of this title a unified command for 
medical operations (in this section referred to as the ‘uni-
fied medical command’). The principal function of the 
command is to provide medical services to the armed 
forces and other health care beneficiaries of the Depart-
ment of Defense as defined in chapter 55 of this title. 
‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 
unified medical command under subsection (a), all active 
military medical treatment facilities, training organiza-
tions, and research entities of the armed forces shall be 
assigned to such unified command, unless otherwise di-
rected by the Secretary of Defense. 
‘‘(c) GRADE OF COMMANDER.—The commander of 
the unified medical command shall hold the grade of gen-
eral or, in the case of an officer of the Navy, admiral while 
serving in that position, without vacating his permanent 
grade. The commander of such command shall be ap-
pointed to that grade by the President, by and with the 
advice and consent of the Senate, for service in that posi-
tion. The commander of such command shall be a member 
of a health profession described in paragraph (1), (2), (3), 
(4), (5), or (6) of section 335(j) of title 37. During the 
five-year period beginning on the date on which the Sec-
retary establishes the command under subsection (a), the
328 
commander of such command shall be exempt from the 
requirements of section 164(a)(1) of this title. 
‘‘(d) SUBORDINATE COMMANDS.—(1) The unified 
medical command shall have the following subordinate 
commands: 
‘‘(A) A command that includes all fixed military 
medical treatment facilities, including elements of 
the Department of Defense that are combined, oper-
ated jointly, or otherwise operated in such a manner 
that a medical facility of the Department of Defense 
is operating in or with a medical facility of another 
department or agency of the United States. 
‘‘(B) A command that includes all medical 
training, education, and research and development 
activities that have previously been unified or com-
bined, including organizations that have been des-
ignated as a Department of Defense executive agent. 
‘‘(C) The Defense Health Agency. 
‘‘(2) The commander of a subordinate command of 
the unified medical command shall hold the grade of lieu-
tenant general or, in the case of an officer of the Navy, 
vice admiral while serving in that position, without 
vacating his permanent grade. The commander of such a 
subordinate command shall be appointed to that grade by 
the President, by and with the advice and consent of the
329 
Senate, for service in that position. The commander of 
such a subordinate command shall also be required to be 
a surgeon general of one of the military departments. 
‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) 
In addition to the authority prescribed in section 164(c) 
of this title, the commander of the unified medical com-
mand shall be responsible for, and shall have the authority 
to conduct, all affairs of such command relating to medical 
operations activities. 
‘‘(2) The commander of such command shall be re-
sponsible for, and shall have the authority to conduct, the 
following functions relating to medical operations activities 
(whether or not relating to the unified medical command): 
‘‘(A) Developing programs and doctrine. 
‘‘(B) Preparing and submitting to the Secretary 
of Defense program recommendations and budget 
proposals for the forces described in subsection (b) 
and for other forces assigned to the unified medical 
command. 
‘‘(C) Exercising authority, direction, and con-
trol over the expenditure of funds— 
‘‘(i) for forces assigned to the unified med-
ical command; 
‘‘(ii) for the forces described in subsection 
(b) assigned to unified combatant commands
332 
SEC. 712. LICENSURE OF MENTAL HEALTH PROFESSIONALS 
IN TRICARE PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall 
ensure that a qualified mental health professional de-
scribed in subsection (b) is eligible for reimbursement 
under the TRICARE program as a TRICARE certified 
mental health counselor. 
(b) QUALIFIED MENTAL HEALTH CARE PROFES-
SIONAL DESCRIBED.—A qualified mental health care pro-
fessional described in this subsection is an individual 
who— 
(1) holds a masters degree or doctoral degree in 
counseling from a mental health counseling program 
or clinical mental health counseling program that is 
accredited by the Council for Accreditation of Coun-
seling and Related Educational Programs; 
(2) is licensed by a State in mental health coun-
seling at the clinical level or, with respect to a State 
that has a tiered licensing scheme, at the highest 
level available; and 
(3) has passed the National Clinical Mental 
Health Counseling Examination. 
(c) SPECIAL RULE FOR CERTAIN PRACTICING PRO-
FESSIONALS.—During the period preceding January 1, 
2027, for purposes of subsection (a), an individual who 
meets the following criteria is deemed to be a qualified
333 
mental health care professional described in subsection 
(b): 
(1) The individual holds a masters degree or 
doctoral degree in counseling from a program that 
is accredited by a covered institution. 
(2) The individual has been licensed by a State 
as a mental health counselor for a period of not less 
than five years. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered institution’’ means any 
of the following: 
(A) The Accrediting Commission for Com-
munity and Junior Colleges Western Associa-
tion of Schools and Colleges (ACCJC-WASC). 
(B) The Higher Learning Commission 
(HLC). 
(C) The Middle States Commission on 
Higher Education (MSCHE). 
(D) The New England Association of 
Schools and Colleges Commission on Institu-
tions of Higher Education (NEASC-CIHE). 
(E) The Southern Association of Colleges 
and Schools (SACS) Commission on Colleges. 
(F) The WASC Senior College and Univer-
sity Commission (WASC-SCUC).
334 
(G) The Accrediting Bureau of Health 
Education Schools (ABHES). 
(H) The Accrediting Commission of Career 
Schools and Colleges (ACCSC). 
(I) The Accrediting Council for Inde-
pendent Colleges and Schools (ACICS). 
(J) The Distance Education Accreditation 
Commission (DEAC). 
(2) The term ‘‘State’’ includes the District of 
Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, 
and each possession of the United States. 
(3) The term ‘‘TRICARE program’’ has the 
meaning given that term in section 1072 of title 10, 
United States Code. 
SEC. 713. REPORTS ON PROPOSED REALIGNMENTS OF 
MILITARY MEDICAL TREATMENT FACILITIES. 
(a) LIMITATION ON REALIGNMENT.—Chapter 55 of 
title 10, United States Code, is amended by inserting after 
section 1073b the following new section: 
‘‘§ 1073c. Reports on proposed realignments of mili-
tary medical treatment facilities 
‘‘(a) LIMITATION.—The Secretary of Defense may 
not restructure or realign a military medical treatment fa-
cility until—
335 
‘‘(1) the Secretary submits to the congressional 
defense committees a report on such proposed re-
structuring or realignment; and 
‘‘(2) a period of 90 days has elapsed following 
the date of such submission. 
‘‘(b) ELEMENTS.—Each report under subsection 
(a)(1) shall include, with respect to the military medical 
treatment facility covered by the report, the following: 
‘‘(1) The average daily inpatient census. 
‘‘(2) The average inpatient capacity. 
‘‘(3) The top five inpatient admission diagnoses. 
‘‘(4) Each medical specialty available. 
‘‘(5) The average daily percent of staffing avail-
able for each medical specialty. 
‘‘(6) The beneficiary population within the 
catchment area. 
‘‘(7) The budgeted funding level. 
‘‘(8) Whether the facility has a helipad capable 
of receiving medical evacuation airlift patients arriv-
ing on the primary evacuation aircraft platform for 
the military installation served. 
‘‘(9) A determination of whether the civilian 
hospital system in which the facility resides, if any, 
is a Federally-designated underserved medical com-
munity and the effect on such community from any
336 
reduction in staff or functions or downgrade of the 
facility. 
‘‘(10) If the facility serves a training center— 
‘‘(A) a determination of the risk with re-
spect to high-tempo, live-fire military oper-
ations, treating battlefield-like injuries, and the 
potential for a mass casualty event if the facil-
ity is downgraded to a clinic or reduced in per-
sonnel or capabilities; and 
‘‘(B) a description of the extent to which 
the Secretary, in making such determination, 
consulted with the appropriate training direc-
torate, training and doctrine command, and 
forces command of each military department. 
‘‘(11) A site assessment by the TRICARE pro-
gram 
to 
assess 
the 
network 
capabilities 
of 
TRICARE providers in the local area. 
‘‘(12) The inpatient mental health availability. 
‘‘(13) The average annual inpatient care di-
rected to civilian medical facilities. 
‘‘(14) The civilian capacity by medical specialty 
in each catchment area. 
‘‘(15) The distance in miles to the nearest civil-
ian emergency care department.
337 
‘‘(16) The distance in miles to the closest civil-
ian inpatient hospital, listed by level of care and 
whether the facility is designated a sole community 
hospital. 
‘‘(17) The availability of ambulance service on 
the military installation and the distance in miles to 
the nearest civilian ambulance service, including the 
average response time to the military installation. 
‘‘(18) An estimate of the cost to restructure or 
realign the military medical treatment facility, in-
cluding with respect to bed closures and civilian per-
sonnel reductions. 
‘‘(19) If the military medical treatment facility 
is restructured or realigned, an estimate of— 
‘‘(A) the number of civilian personnel re-
ductions, listed by series; 
‘‘(B) the number of local support contracts 
terminated; and 
‘‘(C) the increased cost of purchased care. 
‘‘(20) An assessment of the effect of the elimi-
nation of health care services at the military medical 
treatment facility on civilians employed at such facil-
ity.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting
338 
after the item relating to section 1073b the following new 
item: 
‘‘1073c. Reports on proposed realignments of military medical treatment facili-
ties.’’. 
SEC. 714. PILOT PROGRAM FOR OPERATION OF NETWORK 
OF RETAIL PHARMACIES UNDER TRICARE 
PHARMACY BENEFITS PROGRAM. 
(a) AUTHORITY TO ESTABLISH PILOT PROGRAM.— 
The Secretary of Defense may conduct a pilot program 
to evaluate whether, in carrying out the TRICARE phar-
macy benefits program under section 1074g of title 10, 
United States Code, operating a network of preferred re-
tail pharmacies will generate cost savings for the Depart-
ment of Defense. 
(b) ELEMENTS OF PILOT PROGRAM.—In conducting 
the pilot program under subsection (a), the Secretary 
shall— 
(1) incorporate ‘‘best practices’’ to enhance pa-
tient access from non-TRICARE health plans that 
are using a preferred retail network of pharmacies 
along with the mail-order pharmacy program of the 
plans and preferred pharmacy networks in Medicare 
Part D; 
(2) allow beneficiaries to obtain prescription 
medication that is available through the TRICARE 
pharmacy benefits program, including maintenance
340 
(6) determine the opportunities for and barriers 
to coordinating and leveraging the use of a network 
of preferred retail pharmacies in addition to such 
methods 
available 
pursuant 
to 
such 
section 
1074g(a)(2)(E). 
(c) SELECTION OF RETAIL PHARMACIES.—The Sec-
retary shall select the retail pharmacies to participate in 
the preferred network of preferred retail pharmacies pur-
suant to subsection (a) and shall work with small business 
pharmacies to participate in the pilot program. In making 
such selection the Secretary may— 
(1) require that retail pharmacies opt-in to the 
network and agree to the reimbursement rates paid 
by the Secretary; 
(2) determine specific criteria for each retail 
pharmacy to meet or that a certain number of retail 
pharmacies must meet; 
(3) use a competitive process; and 
(4) require the preferred pharmacy network to 
comply with the existing TRICARE retail pharmacy 
access standards. 
(d) SELECTION
OF MILITARY COMMUNITIES.—In 
carrying out the pilot program under subsection (a), the 
Secretary shall give preference to regions with high small 
business pharmacy participation rates and shall select at
341 
least one region in which to carry out the pilot program. 
The Secretary shall ensure that any region selected meets 
the following criteria: 
(1) The region has a certain number or per-
centage, as determined by the Secretary, of— 
(A) members of the Armed Forces serving 
on active duty; 
(B) members of the Armed Forces serving 
in a reserve component; and 
(C) retired members of the Armed Forces. 
(2) The number of beneficiaries under para-
graph (1) is sufficient to produce statistically signifi-
cant results. 
(3) The region has at least one retail pharmacy 
that operates at least 10 pharmacy locations in the 
region. 
(4) The region has at least one military instal-
lation that has a military medical treatment facility 
with a pharmacy. 
(e) CONSULTATION.—The Secretary shall develop the 
pilot program under subsection (a) in consultation with— 
(1) the Secretaries of the military departments; 
(2) retail pharmacies;
342 
(3) representatives from the military installa-
tions within the region selected under subsection (d); 
and 
(4) the TRICARE-managed pharmacy con-
tractor with responsibility for the national pharmacy 
mail-order program. 
(f) DURATION OF PILOT PROGRAM.—If the Secretary 
of Defense carries out the pilot program under subsection 
(a), the Secretary shall commence such pilot program by 
not later than May 1, 2016, and shall terminate such pro-
gram on September 30, 2018. 
(g) REPORTS.—If the Secretary of Defense carries 
out the pilot program under subsection (a), the Secretary 
of Defense shall submit to the congressional defense com-
mittees reports on the pilot program as follows: 
(1) Not later than 90 days after the date of the 
enactment of this Act, a report containing an imple-
mentation plan for the pilot program. 
(2) Not later than 90 days after the date on 
which the pilot program commences, and semiannu-
ally thereafter during the period in which the pilot 
program is carried out, an interim report on the 
pilot program. 
(3) Not later than 90 days after the date on 
which the pilot program terminates, a final report
343 
describing the results of the pilot program, including 
any recommendations of the Secretary to expand 
such program. 
Subtitle C—Reports and Other 
Matters 
SEC. 721. EXTENSION OF AUTHORITY FOR DOD-VA HEALTH 
CARE SHARING INCENTIVE FUND. 
Section 8111(d)(3) of title 38, United States Code, 
is amended by striking ‘‘September 30, 2015’’ and insert-
ing ‘‘September 30, 2020’’. 
SEC. 722. 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 Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2573), as amended by section 722 of the National 
Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291;128 Stat. 3417), is amended by striking 
‘‘September 30, 2016’’ and inserting ‘‘September 30, 
2017’’.
344 
SEC. 723. LIMITATION ON AVAILABILITY OF FUNDS FOR DE-
PARTMENT OF DEFENSE HEALTHCARE MAN-
AGEMENT SYSTEMS MODERNIZATION. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2016 for 
the Department of Defense Healthcare Management Sys-
tems Modernization, not more than 75 percent may be ob-
ligated or expended until the date on which the Secretary 
of Defense makes the certification required by section 
713(g)(2) of the National Defense Authorization Act for 
Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1071 
note). 
SEC. 724. PRIMARY BLAST INJURY RESEARCH. 
The peer-reviewed Psychological Health and Trau-
matic Brain Injury Research Program shall conduct a 
study on blast injury mechanics covering a wide range of 
primary blast injury conditions, including traumatic brain 
injury, in order to accelerate solution development in this 
critical area. 
SEC. 725. SENSE OF CONGRESS REGARDING MENTAL 
HEALTH COUNSELING FOR MEMBERS OF THE 
ARMED FORCES AND FAMILIES. 
(a) FINDINGS.—Congress finds the following: 
(1) It has been shown that some members of 
the Armed Forces struggle with post-traumatic
345 
stress and other behavioral health disorders from 
traumatic events experienced during combat. 
(2) It has also been shown that emotional dis-
tress and trauma from life events can be exacerbated 
by traumatic events experienced during combat. 
(3) Members of the Armed Forces who struggle 
with post-traumatic stress and other behavioral 
health disorders are often unable to provide emo-
tional support to spouses and children, causing emo-
tional distress and the risk of behavioral health dis-
orders among the dependents of the members. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Department of Defense should continue 
to support members of the Armed Forces and their 
families by providing family counseling and indi-
vidual counseling services that reduce the symptoms 
of post-traumatic stress and other behavioral health 
disorders and empowers members to be emotionally 
available to their spouses and children; 
(2) such services should be readily available at 
branches of the Department and military bases; 
(3) the Department should rely on industry 
standards established by the medical community
346 
when developing standards for their own practice of 
family and individual counseling; and 
(4) the Department should conduct a five-year 
study of the progress of members of the Armed 
Forces that are treated for mental health disorders, 
including with respect to— 
(A) difficulty keeping up with treatment; 
(B) familial status before and after treat-
ment; and 
(C) access to mental health counseling at 
Department facilities and military installations. 
SEC. 726. PROVISION OF TRANSPORTATION OF DEPENDENT 
PATIENTS RELATING TO OBSTETRICAL ANES-
THESIA SERVICES. 
Section 1040(a)(2) of title 10, United States Code, 
is amended by striking subparagraph (F). 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
SEC. 800. SENSE OF CONGRESS ON THE DESIRED TENETS 
OF THE DEFENSE ACQUISITION SYSTEM. 
(a) FINDINGS.—Congress finds the following: 
(1) The Committee on Armed Services of the 
House of Representatives held a series of hearings
347 
in 2013, 2014, and 2015 gathering testimony from 
key acquisition leaders and experts. It is clear that 
the acquisition reform efforts of the last 50 years 
continue to founder because they fail to address the 
motivational and environmental factors in which 
they must be implemented. The acquisition system, 
though frustrating to all, is in one sense in equi-
librium. The acquisition system provides enough 
benefits to proponents and opponents to continue, 
with only minor changes, despite its shortcomings. 
(2) The Armed Forces continue to pursue too 
many defense acquisitions, chasing too few dollars. 
Consequently, there remains a vast difference be-
tween the budgeting plans of the Department and 
the reality of the cost of its systems or the services 
it acquires. 
(3) To keep programs alive, the Department de-
velops and Congress accepts fragile acquisition strat-
egies that downplay technical issues and assume 
only successful outcomes from high-risk efforts. As 
a result, the Department often ends up with too few 
weapons, with performance that falls short, that are 
difficult and costly to maintain, delivered late at too 
high a cost. Congressional and Department of De-
fense leadership have limited insight into the serv-
348 
ices acquired or what services need to be acquired in 
the future. Furthermore, the conventional acquisi-
tion process is not agile enough for today’s demands. 
Finally, the Department of Defense continues to 
struggle with financial management and auditability, 
affecting its ability to control costs, ensure basic ac-
countability, anticipate future costs and claims on 
the budget, and measure performance. 
(4) Too often today, all stakeholders in the De-
partment of Defense, Congress, and industry, accept 
that— 
(A) for the acquisition process, success is 
defined as maximizing technical performance or 
protecting organizational interests, without re-
gard to funding disruptions and delivery delays 
of 
needed 
capability 
or 
services 
to 
the 
warfighter; and 
(B) the acquisition process is— 
(i) reactive, meaning issues are ad-
dressed late and at great cost only after 
problems are realized; 
(ii) plodding, meaning the bureau-
cratic processes are sclerotic and cum-
bersome;
349 
(iii) opaque, meaning that limiting in-
formation is necessary to protect pro-
grams; and 
(iv) traditional, meaning that cus-
tomary approaches and suppliers are pre-
ferred over perceived risk of new or unique 
concepts and vendors. 
(5) Today, the United States is at a cross- 
roads, and if changes to the acquisition system are 
not made soon, the trend of fewer and more costly 
systems and services that fall short of the needs of 
the Armed Forces will continue. Congress, the De-
partment of Defense, and industry all have a stake 
in making positive changes. Each plays a role in 
contributing to the current system. Each gains bene-
fits from that system, but each is frustrated by it as 
well. 
(6) The acquisition improvement effort of the 
Committee on Armed Services of the House of Rep-
resentatives proposes a different approach from pre-
vious efforts by seeking to improve the environment 
(i.e., statutes, regulations, processes, and culture) 
driving acquisition decisions in the Department of 
Defense, industry, and Congress. The Committee 
has solicited input from industry and the Depart-
350 
ment of Defense, as well as others in Congress, and 
will continue to do so. The Committee recognizes 
that there are no ‘‘silver bullets’’ that can imme-
diately fix the current acquisition system in a holis-
tic and long-standing manner. Therefore, the reform 
effort will be an ongoing and iterative process that 
will result in legislation not only this year, but will 
be embedded in the Committee’s annual and regular 
work. 
(b) SENSE OF CONGRESS ON THE TENETS OF AN IM-
PROVED ACQUISITION SYSTEM.—It is the sense of Con-
gress that all stakeholders in the acquisition system—the 
Department of Defense, Congress, and industry—should 
be governed by the following tenets: 
(1) SUCCESS.—Success in the acquisition sys-
tem means the timely delivery of affordable and ef-
fective military equipment and services. 
(2) PROACTIVE.—The acquisition system should 
be proactive, meaning— 
(A) the system should recognize that devel-
opment and acquisition problems can occur; and 
(B) officials at all levels should be empow-
ered to solve problems and reduce risks by sur-
facing issues early and honestly and taking ac-
tion to resolve them.
351 
(3) AGILE.—The acquisition system should be 
agile, meaning that needed program adjustments to 
both respond to emerging threats and the rapid pace 
of technological change and to address development 
or production issues should be proposed and adju-
dicated quickly. 
(4) TRANSPARENT.—The acquisition system 
should be transparent, meaning that— 
(A) all decision makers should be given 
useful, relevant, credible, and reliable informa-
tion when making commitments; 
(B) Government and industry communica-
tion should be clear and open; and 
(C) the Department of Defense should 
produce auditable financial management state-
ments. 
(5) 
INNOVATIVE.—The 
acquisition 
system 
should be innovative, meaning that barriers should 
be removed that preclude companies from under-
taking defense business or officials from proposing 
new approaches.
352 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. REPORT ON LINKING AND STREAMLINING RE-
QUIREMENTS, ACQUISITION, AND BUDGET 
PROCESSES WITHIN ARMED FORCES. 
(a) REPORTS.—Not later than 180 days after the 
date of the enactment of this Act, the Chief of Staff of 
the Army, the Chief of Naval Operations, the Chief of 
Staff of the Air Force, and the Commandant of the Ma-
rine Corps shall each submit to the congressional defense 
committees a report on efforts to link and streamline the 
requirements, acquisition, and budget processes within the 
Army, Navy, Air Force, and Marine Corps, respectively. 
(b) MATTERS INCLUDED.—Each report under sub-
section (a) shall include the following: 
(1) A specific description of— 
(A) the management actions the Chief con-
cerned or the Commandant has taken or plans 
to take to link and streamline the requirements, 
acquisition, and budget processes of the Armed 
Force concerned; 
(B) any reorganization or process changes 
that will link and streamline the requirements, 
acquisition, and budget processes of the Armed 
Force concerned; and
353 
(C) any cross-training or professional de-
velopment initiatives of the Chief concerned or 
the Commandant. 
(2) For each description under paragraph (1)— 
(A) the specific timeline associated with 
implementation; 
(B) the anticipated outcomes once imple-
mented; and 
(C) how to measure whether or not those 
outcomes are realized. 
(3) Any other matters the Chief concerned or 
the Commandant considers appropriate. 
SEC. 802. REQUIRED REVIEW OF ACQUISITION-RELATED 
FUNCTIONS OF THE CHIEFS OF STAFF OF 
THE ARMED FORCES. 
(a) REVIEW REQUIRED.—The Chief of Staff of the 
Army, the Chief of Naval Operations, the Chief of Staff 
of the Air Force, and the Commandant of the Marine 
Corps shall conduct a review of their current individual 
authorities provided in sections 3033, 5033, 8033, and 
5043 of title 10, United States Code, and other relevant 
statutes and regulations related to defense acquisitions for 
the purpose of developing such recommendations as the 
Chief concerned or the Commandant considers necessary 
to further or advance the role of the Chief concerned or
354 
the Commandant in the development of requirements, ac-
quisition processes, and the associated budget practices of 
the Department of Defense. 
(b) REPORTS.—Not later than March 1, 2016, the 
Chief of Staff of the Army, the Chief of Naval Operations, 
the Chief of Staff of the Air Force, and the Commandant 
of the Marine Corps shall each submit to the congressional 
defense committees a report containing, at a minimum, 
the following: 
(1) The recommendations developed by the 
Chief concerned or the Commandant under sub-
section (a) and other results of the review conducted 
under such subsection. 
(2) The actions the Chief concerned or the 
Commandant is taking, if any, within the Chief’s or 
Commandant’s existing authority to implement such 
recommendations. 
SEC. 803. INDEPENDENT STUDY OF MATTERS RELATED TO 
BID PROTESTS. 
(a) REQUIREMENT FOR STUDY.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall enter into a contract with an inde-
pendent research entity that is a not-for-profit entity or 
a federally funded research and development center with 
appropriate expertise and analytical capability to carry out
355 
a comprehensive study of factors leading to the filing of 
bid protests. The study shall cover the entire Federal Gov-
ernment and examine issues such as the following: 
(1) The variable influences on the net benefit 
(monetary and non-monetary) to contractors either 
filing a protest or indicating intent to file a protest. 
(2) The extent to which protests are filed by in-
cumbent contractors for purposes of extending a 
contract’s period of performance. 
(3) The extent to which companies file protests 
even when those companies do not believe there was 
an error in the procurement process. 
(4) The time it takes agencies to implement 
corrective actions after a ruling or decision. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the independent entity shall 
provide to the Secretary, the congressional defense com-
mittees, the Committee on Oversight and Government Re-
form of the House of Representatives, and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report on the results of the study, along with 
any recommendations it may have. 
SEC. 804. PROCUREMENT OF COMMERCIAL ITEMS. 
(a) COMMERCIAL ITEM DETERMINATIONS BY DE-
PARTMENT OF DEFENSE.—
356 
(1) IN
GENERAL.—Chapter 140 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2380. Commercial item determinations by Depart-
ment of Defense 
‘‘The Secretary of Defense shall— 
‘‘(1) establish and maintain a centralized capa-
bility with necessary expertise and resources to over-
see the making of commercial item determinations 
for the purposes of procurements by the Department 
of Defense; and 
‘‘(2) provide public access to Department of 
Defense commercial item determinations for the pur-
poses of procurements by the Department of De-
fense.’’. 
(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: 
‘‘2380. Commercial item determinations by Department of Defense.’’. 
(b) COMMERCIAL ITEM EXCEPTION TO SUBMISSION 
OF COST AND PRICING DATA.—Section 2306a(b) of title 
10, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(4) COMMERCIAL ITEM DETERMINATION.—(A) 
For purposes of applying the commercial item excep-
tion under paragraph (1)(B) to the required submis-
357 
sion of certified cost or pricing data, the contracting 
officer may presume that a prior commercial item 
determination made by a military department, a De-
fense Agency, or another component of the Depart-
ment of Defense shall serve as a determination for 
subsequent procurements of such item. 
‘‘(B) If the contracting officer does not make 
the presumption described in subparagraph (A) and 
instead chooses to proceed with a procurement of an 
item previously determined to be a commercial item 
using procedures other than the procedures author-
ized for the procurement of a commercial item, the 
contracting officer shall request a review of the com-
mercial item determination by the head of the con-
tracting activity. 
‘‘(C) Not later than 30 days after receiving a 
request for review of a commercial item determina-
tion under subparagraph (B), the head of a con-
tracting activity shall— 
‘‘(i) confirm that the prior determination 
was appropriate and still applicable; or 
‘‘(ii) issue a revised determination with a 
written explanation of the basis for the revi-
sion.’’.
358 
(c) DEFINITION OF COMMERCIAL ITEM.—Nothing in 
this section or the amendments made by this section shall 
affect the meaning of the term ‘‘commercial item’’ under 
subsection (a)(5) of section 2464 of title 10, United States 
Code, or any requirement under subsection (a)(3) or sub-
section (c) of such section. 
SEC. 805. MODIFICATION TO INFORMATION REQUIRED TO 
BE SUBMITTED BY OFFEROR IN PROCURE-
MENT OF MAJOR WEAPON SYSTEMS AS COM-
MERCIAL ITEMS. 
(a) REQUIREMENT
FOR
DETERMINATION.—Sub-
section (a) of section 2379 of title 10, United States Code, 
is amended— 
(1) in subsection (1)(B), by inserting ‘‘and’’ 
after the semicolon; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraph (3) as para-
graph (2). 
(b) TREATMENT OF SUBSYSTEMS AS COMMERCIAL 
ITEMS.—Subsection (b) of such section is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘only if’’ and inserting ‘‘if either’’; 
(2) in paragraph (2)—
359 
(A) by striking ‘‘that—’’ and all that fol-
lows through ‘‘the subsystem is a’’ and insert-
ing ‘‘that the subsystem is a’’; 
(B) by striking ‘‘; and’’ and inserting a pe-
riod; and 
(C) by striking subparagraph (B). 
(c) TREATMENT OF COMPONENTS AS COMMERCIAL 
ITEMS.—Subsection (c)(1) of such section is amended— 
(1) by striking ‘‘title only if’’ and inserting 
‘‘title if either’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘that—’’ and all that fol-
lows through ‘‘the component or’’ and inserting 
‘‘that the component or’’; 
(B) by striking ‘‘; and’’ and inserting a pe-
riod; and 
(C) by striking clause (ii). 
(d) INFORMATION SUBMITTED.—Subsection (d) of 
such section is amended— 
(1) by striking ‘‘submit—’’ and all that follows 
through ‘‘prices paid’’ and inserting ‘‘submit prices 
paid’’; 
(2) by striking ‘‘; and’’ and inserting a period; 
and 
(3) by striking paragraph (2).
360 
SEC. 806. AMENDMENT RELATING TO MULTIYEAR CON-
TRACT AUTHORITY FOR ACQUISITION OF 
PROPERTY. 
Paragraph (1) of section 2306b(a) of title 10, United 
States Code, is amended to read as follows: 
‘‘(1) That there is a reasonable expectation that 
the use of such a contract will result in lower total 
anticipated costs of carrying out the program than 
if the program were carried out through annual con-
tracts.’’. 
SEC. 807. COMPLIANCE WITH INVENTORY OF CONTRACTS 
FOR SERVICES. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2016 for 
the operation of the Office of the Under Secretary of De-
fense for Personnel and Readiness, not more than 75 per-
cent may be obligated or expended in fiscal year 2016 
until— 
(1) the ‘‘Department of Defense Compliance 
Plan for Section 8108(c) of Public Law 112–10’’, as 
contained in a memorandum and enclosure dated 
November 22, 2011, is implemented; 
(2) the implementing direction contained in the 
‘‘Enterprise-wide Contractor Manpower Reporting 
Application’’, as contained in a memorandum dated 
November 28, 2012, from the Under Secretary of
361 
Defense for Acquisition, Technology, and Logistics 
and the (then) Acting Principal Deputy Under Sec-
retary of Defense for Personnel and Readiness is 
fulfilled; and 
(3) the funds made available in March 2014 to 
establish the Total Force Management Support Of-
fice to define business processes for compiling, re-
viewing, and using the inventory required under sec-
tion 2330a(c) of title 10, United States Code, have 
been obligated. 
Subtitle B—Workforce 
Development and Related Matters 
SEC. 811. AMENDMENTS TO DEPARTMENT OF DEFENSE AC-
QUISITION 
WORKFORCE 
DEVELOPMENT 
FUND. 
(a) PERMANENT EXTENSION
OF FUND.—Section 
1705(d)(2) of title 10, United States Code, is amended— 
(1) in subparagraph (C), by striking ‘‘of an 
amount as follows:’’ and all that follows through the 
end and inserting ‘‘of an amount of not less than 
$500,000,000.’’; and 
(2) in subparagraph (D), by striking ‘‘an 
amount that is less than’’ and all that follows 
through the end and inserting ‘‘an amount that is 
less than $400,000,000.’’.
362 
(b) PERMANENT EXTENSION OF EXPEDITED HIRING 
AUTHORITY.—Section 1705(g) of such title is amended— 
(1) by striking paragraph (2); 
(2) by striking ‘‘AUTHORITY.—’’ and all that 
follows through ‘‘For purposes of’’ in paragraph (1) 
and inserting ‘‘AUTHORITY.—For purposes of’’; 
(3) by striking ‘‘(A)’’ and inserting ‘‘(1)’’; 
(4) by striking ‘‘(B)’’ and inserting ‘‘(2)’’; and 
(5) by aligning paragraphs (1) and (2), as des-
ignated by paragraphs (3) and (4), so as to be two 
ems from the left margin. 
(c) CLARIFICATION
OF ACQUISITION WORKFORCE 
COVERED.—Section 1705(g) of such title, as amended by 
subsection (c), is further amended by striking ‘‘acquisition 
workforce positions’’ and inserting ‘‘of positions in the ac-
quisition workforce, as defined in subsection (h),’’. 
SEC. 812. DUAL-TRACK MILITARY PROFESSIONALS IN 
OPERATIONAL AND ACQUISITION SPECIALI-
TIES. 
(a) REQUIREMENT FOR SERVICE CHIEF INVOLVE-
MENT.—Section 1722a(a) of title 10, United States Code, 
is amended by inserting after ‘‘military department)’’ the 
following: ‘‘, in collaboration with the Chief of Staff of the 
Army, the Chief of Naval Operations, the Chief of Staff 
of the Air Force, and the Commandant of the Marine
363 
Corps (with respect to the Army, Navy, Air Force, and 
Marine Corps, respectively),’’. 
(b) DUAL-TRACK CAREER PATH.—Section 1722a(b) 
of such title is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(2) in paragraph (1), by inserting ‘‘single- 
track’’ before ‘‘career path’’; and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) A dual-track career path that attracts the 
highest quality officers and enlisted personnel and 
allows them to gain experience in and receive credit 
for a primary career in combat arms and a func-
tional secondary career in the acquisition field in 
order to more closely align the military operational, 
requirements, and acquisition workforces of each 
armed force.’’. 
SEC. 813. PROVISION OF JOINT DUTY ASSIGNMENT CREDIT 
FOR ACQUISITION DUTY. 
Section 668(a)(1) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(D);
364 
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(F) acquisition matters addressed by military 
personnel and covered under chapter 87 of this 
title.’’. 
SEC. 814. REQUIREMENT FOR ACQUISITION SKILLS ASSESS-
MENT 
BIENNIAL 
STRATEGIC 
WORKFORCE 
PLAN. 
(a) REQUIREMENT.—Section 115b(b)(1) of title 10, 
United States Code, is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); 
(2) in subparagraph (C), by striking ‘‘and’’ at 
the end; and 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) new or expanded critical skills and 
competencies needed by the existing civilian em-
ployee workforce of the Department to address 
new acquisition process requirements estab-
lished by law or policy during the four years 
preceding the year of submission of the plan; 
and’’.
365 
(b) CONFORMING AMENDMENTS.—Section 115b of 
such title is further amended— 
(1) in subparagraph (E) of subsection (b)(1), as 
redesignated by subsection (a)(1), by striking ‘‘(C)’’ 
and inserting ‘‘(D)’’; 
(2) in paragraph (2) of subsection (b), in the 
matter preceding subparagraph (A), by striking 
‘‘(1)(D)’’ and inserting ‘‘(1)(E)’’; and 
(3) in paragraph (2)(A) of each of subsections 
(c), (d), and (e), by striking ‘‘through (D)’’ and in-
serting ‘‘through (E)’’. 
SEC. 815. MANDATORY REQUIREMENT FOR TRAINING RE-
LATED TO THE CONDUCT OF MARKET RE-
SEARCH. 
(a) MANDATORY MARKET RESEARCH TRAINING.— 
Section 2377 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(d) MARKET RESEARCH TRAINING REQUIRED.— 
The Secretary of Defense shall provide mandatory train-
ing for members of the armed forces and employees of the 
Department of Defense responsible for the conduct of 
market research required under subsection (c). Such man-
datory training shall, at a minimum—
366 
‘‘(1) provide comprehensive information on the 
subject of market research and the function of mar-
ket research in the acquisition of commercial items; 
‘‘(2) teach best practices for conducting and 
documenting market research; and 
‘‘(3) provide methodologies for establishing 
standard processes and reports for collecting and 
sharing market research across the Department.’’. 
(b) INCORPORATION INTO MANAGEMENT CERTIFI-
CATION TRAINING MANDATE.—The Chairman of the 
Joint Chiefs of Staff shall ensure that the requirements 
of section 2377(d) of title 10, United States Code, as 
added by subsection (a), are incorporated into the require-
ments management certification training mandate of the 
Joint Capabilities Integration Development System. 
SEC. 816. INDEPENDENT STUDY OF IMPLEMENTATION OF 
DEFENSE 
ACQUISITION 
WORKFORCE 
IM-
PROVEMENT EFFORTS. 
(a) REQUIREMENT FOR STUDY.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall enter into a contract with an inde-
pendent research entity described in subsection (b) to 
carry out a comprehensive study of the strategic planning 
of the Department of Defense related to the defense acqui-
sition workforce. The study shall provide a comprehensive
367 
examination of the Department’s efforts to recruit, de-
velop, and retain the acquisition workforce with a specific 
review of the following: 
(1) The implementation of the Defense Acquisi-
tion Workforce Improvement Act (including chapter 
87 of title 10, United States Code). 
(2) The application of the Department of De-
fense Acquisition Workforce Development Fund (as 
established under section 1705 of title 10, United 
States Code). 
(3) The effectiveness of professional military 
education programs, including fellowships and ex-
changes with industry. 
(b) INDEPENDENT RESEARCH ENTITY.—The entity 
described in this subsection is an independent research en-
tity that is a not-for-profit entity or a federally funded 
research and development center with appropriate exper-
tise and analytical capability. 
(c) REPORTS.— 
(1) TO SECRETARY.—Not later than one year 
after the date of the enactment of this Act, the inde-
pendent research entity shall provide to the Sec-
retary a report containing— 
(A) the results of the study required by 
subsection (a); and
368 
(B) such recommendations to improve the 
acquisition workforce as the independent re-
search entity considers to be appropriate. 
(2) TO
CONGRESS.—Not later than 30 days 
after receipt of the report under paragraph (1), the 
Secretary of Defense shall submit such report, to-
gether with any additional views or recommendations 
of the Secretary, to the congressional defense com-
mittees. 
SEC. 817. EXTENSION OF DEMONSTRATION PROJECT RE-
LATING 
TO 
CERTAIN 
ACQUISITION 
PER-
SONNEL MANAGEMENT POLICIES AND PRO-
CEDURES. 
Section 1762(g) of title 10, United States Code, is 
amended by striking ‘‘2017’’ and inserting ‘‘2020’’. 
Subtitle C—Weapon Systems 
Acquisition and Related Matters 
SEC. 821. SENSE OF CONGRESS ON THE DESIRED CHARAC-
TERISTICS FOR THE WEAPON SYSTEMS AC-
QUISITION SYSTEM. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) CURRENT SITUATION.—Despite significant 
and repeated attempts at acquisition reform, the De-
partment of Defense still experiences case after case
369 
of expensive weapon system acquisition failures. The 
Department of Defense has a track record of too 
many cancellations, schedule slippages, cost over- 
runs, and failures to deliver timely solutions to the 
requirements of the Armed Forces. This situation is 
unacceptable. For example, according to the Final 
Report of the 2010 Army Acquisition Review, be-
tween 1996 and 2010, the Army expended approxi-
mately $1 billion to $3 billion annually on two dozen 
programs that were eventually cancelled. No military 
service and no type of weapon acquisition has been 
immune. 
(2) PROBLEMS
IN
ALL
PHASES
OF
ACQUISI-
TIONS.— 
(A) Despite detailed weapon acquisition 
processes and procedures, there is only limited 
discipline in starting programs. Many programs 
begin without a solid foundation. They have too 
many requirements deemed ‘‘critical’’, which 
are driven by too many organizations and indi-
viduals. Approved requirements are often set 
with only a limited understanding of the tech-
nical feasibility of achieving them. The resulting 
compromises of good program management and 
engineering judgment that allow the programs
370 
to proceed are the ‘‘spackle’’ of the acquisition 
system that covers up the risks and enables the 
system to operate. 
(B) As these weapon systems proceed into 
engineering and manufacturing development, 
they often encounter development problems 
leading to cost growth, schedule delay, and per-
formance reductions. Industry and Government 
officials frequently respond by taking additional 
development risks to resolve basic performance 
issues by reducing the time to analyze and as-
sess development results, overlapping key devel-
opment efforts, and reducing testing. The De-
partment of Defense and Congress disrupt the 
planned funding of stable programs to find re-
sources for troubled programs or to fund 
across-the-board spending cuts. Funding insta-
bility is the inevitable price that programs pay 
for survival because funding disruptions actu-
ally keep more programs alive. 
(C) Finally, these weapons are often 
rushed into production only to encounter pro-
duction problems, and are fielded with many 
unknowns or deficiencies leading to significantly 
reduced quantities and force structure reduc-
371 
tions. The warfighter faces the challenge of op-
erating weapons with poor reliability, high 
maintenance demands, reduced performance, 
and many capability shortfalls. 
(b) SENSE OF CONGRESS.— 
(1) IN GENERAL.—It is the sense of Congress 
that, in accordance with the tenets described in sec-
tion 800, to improve weapon system acquisitions, the 
Department of Defense, Congress, and industry 
should develop an acquisition system characterized 
by highly disciplined program initiation coupled with 
agile program execution and balanced oversight, as 
described in paragraphs (2), (3), and (4). 
(2) HIGHLY
DISCIPLINED
PROGRAM
INITI-
ATION.—An acquisition system characterized by 
highly disciplined program initiation means that pro-
grams do not begin engineering development until 
firm requirements are matched to a flexible acquisi-
tion strategy structured to develop militarily useful 
capability that can be delivered in a relevant period 
of time with available technologies, funding, and 
management capacity. Such a highly disciplined pro-
gram initiation includes— 
(A) a workforce with smart requirements 
setters and expert buyers, with the knowledge,
372 
skills, and experience to successfully plan for 
and execute highly complex acquisitions; 
(B) requirements that are well-defined, 
technically feasible, and affordable; 
(C) acquisition strategies that are designed 
to minimize time to market of militarily useful 
capability, with the program concerned being 
structured so that— 
(i) lower-risk, technically mature ca-
pabilities are matched to delivering capa-
bility to the warfighter in the near term, 
while remaining requirements are aligned 
and resources are programmed to support 
integration into later increments to meet 
the requirements of the Armed Forces; 
(ii) capabilities are approved for an 
increment only when their developmental 
risks have been appropriately reduced; and 
(iii) increments are planned to com-
plete engineering and manufacturing devel-
opment in a reasonable period of time; 
(D) a science and technology development 
enterprise that is responsive to the acquisition 
process before engineering and manufacturing 
development begins, and sufficiently resourced
373 
to reduce risks and enable programs to make 
smart decisions without losing critical funds; 
and 
(E) redtape reduction in order to free up 
program and Department officials to focus on 
their mission of defining an executable program 
and understanding and addressing risks. 
(3) AGILE PROGRAM EXECUTION.—An acquisi-
tion system characterized by agile program execution 
means a system in which acquisition speed and flexi-
bility to make trade-offs are balanced with the need 
to achieve desired technical performance. Such agile 
program execution includes— 
(A) program managers and program offi-
cials who are expert buyers and negotiators who 
anticipate problems, negotiate solutions, and 
are empowered to manage; 
(B) a preference for fixed price contracting 
where appropriate for the size and complexity 
of the work and for the nature and scope of the 
capabilities being developed; 
(C) program managers who avoid increas-
ing program risk by resisting the addition of 
new requirements or the reduction of develop-
mental activities;
374 
(D) empowering program managers and 
senior decisionmakers to make decisions easily 
in order to move forward with capabilities that 
mature quickly, cancel those that encounter 
greater difficulties than expected, and trade-off 
or reduce requirements to maintain cost and 
schedule; 
(E) enabling program managers to focus 
on overcoming execution challenges and deliv-
ering success rather than concentrating on com-
pliance with reporting, certifications, and other 
redtape; and 
(F) senior decisionmakers who have knowl-
edge of demonstrated performance as programs 
proceed through development, with robust de-
velopmental testing occurring before committing 
to production for operational use as a basis for 
decision making. 
(4) BALANCED
OVERSIGHT.—An acquisition 
system characterized by balanced oversight means 
that the focus is on ensuring discipline initiating 
programs and that appropriate adjustments are 
made during development, so that programs have 
the best chance to succeed. Such balanced oversight 
includes—
375 
(A) involvement by decisionmakers early to 
ensure that an understanding of trade-offs, 
risks, and needs are considered, resourced, and 
validated, and that agreement is reached be-
tween the executive and legislative branches; 
(B) acceptance by decisionmakers that 
complex weapon system developments are inher-
ently risky and require expertise and flexibility 
to manage effectively; 
(C) conscious decisions by decisionmakers 
regarding where to accept risk, while ensuring 
that risk mitigation plans are resourced (with 
time, funding, alternatives, and competent gov-
ernment and contractor officials); 
(D) measuring and monitoring by decision-
makers of the right factors, such as technology 
maturation progress and systems engineering 
during risk reduction, development cost growth 
during engineering and manufacturing develop-
ment, and reliability growth during system 
demonstration; 
(E) work by Congress and the Department 
of Defense, once a program has begun, to re-
solve issues by considering trade-offs among
376 
cost, schedule, and performance necessary to 
best support the warfighter; and 
(F) congressional understanding of risks 
and efforts to mitigate such risks even if they 
are through non-traditional means or other 
technological advances. 
SEC. 822. ACQUISITION STRATEGY REQUIRED FOR EACH 
MAJOR DEFENSE ACQUISITION PROGRAM 
AND MAJOR SYSTEM. 
(a) CONSOLIDATION OF REQUIREMENTS RELATING 
TO ACQUISITION STRATEGY.— 
(1) NEW TITLE 10 SECTION.—Chapter 144 of 
title 10, United States Code, is amended by insert-
ing after section 2431 the following new section: 
‘‘§ 2431a. Acquisition strategy 
‘‘(a) ACQUISITION
STRATEGY
REQUIRED.—There 
shall be an acquisition strategy for each major defense ac-
quisition program and each major system approved by a 
Milestone Decision Authority. 
‘‘(b) RESPONSIBLE OFFICIAL.—For each acquisition 
strategy required by subsection (a), the Under Secretary 
of Defense for Acquisition, Technology, and Logistics is 
responsible for issuing and maintaining the requirements 
for— 
‘‘(1) the content of the strategy; and
377 
‘‘(2) the review and approval process for the 
strategy. 
‘‘(c) CONSIDERATIONS.—(1) In issuing requirements 
for the content of an acquisition strategy for a major de-
fense acquisition program or major system, the Under 
Secretary shall ensure that— 
‘‘(A) the strategy clearly describes the proposed 
business and technical management approach for the 
program or system, in sufficient detail to allow the 
Milestone Decision Authority to assess the viability 
of the proposed approach; 
‘‘(B) the strategy contains a clear explanation 
of how the strategy is designed to be implemented 
with available resources, such as time, funding, and 
management capacity; and 
‘‘(C) the strategy considers the items listed in 
paragraph (2). 
‘‘(2) Each strategy shall, at a minimum, consider the 
following: 
‘‘(A) An approach that delivers required capa-
bility in increments, each depending on available ma-
ture technology, and that recognizes up front the 
need for future capability improvements.
378 
‘‘(B) Acquisition approach, including industrial 
base considerations in accordance with section 2440 
of this title. 
‘‘(C) Risk management, including such methods 
as competitive prototyping at the system, subsystem, 
or component level, in accordance with section 
2431b of this title. 
‘‘(D) Business strategy, including measures to 
ensure competition at the system and subsystem 
level throughout the life-cycle of the program or sys-
tem in accordance with section 2337 of this title. 
‘‘(E) Contracting strategy, including— 
‘‘(i) contract type and how the type se-
lected relates to level of program risk in each 
acquisition phase; 
‘‘(ii) how the plans for the program or sys-
tem to reduce risk enable the use of fixed-price 
elements in subsequent contracts and the tim-
ing of the use of those fixed price elements; 
‘‘(iii) market research; and 
‘‘(iv) consideration of small business par-
ticipation. 
‘‘(F) Intellectual property strategy in accord-
ance with section 2320 of this title.
379 
‘‘(G) International involvement, including for-
eign military sales and cooperative opportunities, in 
accordance with section 2350a of this title. 
‘‘(H) Multi-year procurement in accordance 
with section 2306b of this title. 
‘‘(I) Integration of current intelligence assess-
ments into the acquisition process. 
‘‘(J) Requirements related to logistics, mainte-
nance, and sustainment in accordance with sections 
2464 and 2466 of this title. 
‘‘(d) REVIEW.—(1) Subject to the authority, direc-
tion, and control of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics, the Milestone De-
cision Authority shall review and approve, as appropriate, 
the acquisition strategy for a major defense acquisition 
program or major system at each of the following times: 
‘‘(A) Milestone A approval. 
‘‘(B) The decision to release the request 
for proposals for development of the program or 
system. 
‘‘(C) Milestone B approval. 
‘‘(D) Each subsequent milestone. 
‘‘(E) Review of any decision to enter into 
full-rate production. 
‘‘(F) When there has been—
380 
‘‘(i) a significant change to the cost of 
the program or system; 
‘‘(ii) a critical change to the cost of 
the program or system; 
‘‘(iii) a significant change to the 
schedule of the program or system; or 
‘‘(iv) a significant change to the per-
formance of the program or system. 
‘‘(G) Any other time considered relevant by 
the Milestone Decision Authority. 
‘‘(2) If the Milestone Decision Authority revises an 
acquisition strategy for a program or system, the Mile-
stone Decision Authority shall provide notice of the revi-
sion to the congressional defense committees. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major defense acquisition pro-
gram’ has the meaning provided in section 2430 of 
this title. 
‘‘(2) The term ‘major system’ has the meaning 
provided in section 2302(5) of this title. 
‘‘(3) The term ‘Milestone A approval’ means a 
decision to enter into technology maturation and 
risk reduction pursuant to guidance prescribed by 
the Secretary of Defense for the management of De-
partment of Defense acquisition programs.
386 
‘‘(2) The strategy shall be comprehensive and, at a 
minimum, include consideration of risk mitigation tech-
niques such as the following: 
‘‘(A) Prototyping (including prototyping at the 
system, subsystem, or component level and competi-
tive prototyping, where appropriate) and, if proto-
typing at either the system, subsystem, or compo-
nent level is not used, an explanation of why it is 
not appropriate. 
‘‘(B) Modeling and simulation, the areas that 
modeling and simulation will assess, and identifica-
tion of the need for development of any new mod-
eling and simulation tools in order to support the 
comprehensive strategy. 
‘‘(C) Technology demonstrations and decision 
points for disciplined transition of planned tech-
nologies into programs or the selection of alternative 
technologies. 
‘‘(D) Multiple design approaches. 
‘‘(E) Alternative designs, including any designs 
that meet requirements but do so with reduced per-
formance. 
‘‘(F) Phasing of program activities or related 
technology development efforts in order to address 
high risk areas as early as feasible.
1038 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘microlab’’ means a small labora-
tory established by the Secretary under section 3. 
(2) The term ‘‘national laboratory’’ means a 
national security laboratory, as defined in section 
3281 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2471). 
(3) The term ‘‘Secretary’’ means the Secretary 
of Energy. 
Subtitle D—Other Matters 
SEC. 3141. TRANSFER, DECONTAMINATION, AND DECOM-
MISSIONING OF NONOPERATIONAL FACILI-
TIES. 
(a) PLAN.—The Secretary of Energy shall establish 
and carry out a plan under which the Administrator for 
Nuclear Security shall transfer to the Assistant Secretary 
of Energy for Environmental Management the responsi-
bility for decontaminating and decommissioning facilities 
of the National Nuclear Security Administration that the 
Secretary of Energy determines— 
(1) are nonoperational as of the date of the en-
actment of this Act; and 
(2) meet the requirements of the Office of Envi-
ronmental Management for such transfer.