H. R. 4310—138 
Rico, the United States Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2249b. Display of State, District of Columbia, common-
wealth, and territorial flags by the armed forces’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 134 of such title is amended by striking the 
item relating to section 2249b and inserting the following new 
item: 
‘‘2249b. Display of State, District of Columbia, commonwealth, and territorial flags 
by the armed forces.’’. 
SEC. 589. ENHANCEMENT OF AUTHORITIES ON ADMISSION OF 
DEFENSE INDUSTRY CIVILIANS TO CERTAIN DEPARTMENT 
OF DEFENSE EDUCATIONAL INSTITUTIONS AND PRO-
GRAMS. 
(a) NAVY DEFENSE PRODUCT DEVELOPMENT PROGRAM.—Section 
7049(a) of title 10, United States Code, is amended— 
(1) in the second sentence, by inserting ‘‘or professional 
continuing education certificate’’ after ‘‘master’s degree’’; and 
(2) in the last sentence, by inserting before the period 
at the end the following: ‘‘or an appropriate professional con-
tinuing education certificate, as applicable’’. 
(b) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.— 
Section 9314a(a) of such title is amended— 
(1) in paragraph (1), by inserting ‘‘or professional con-
tinuing education certificate’’ after ‘‘graduate degree’’; and 
(2) in paragraph (3), by inserting before the period at 
the end the following: ‘‘or an appropriate professional con-
tinuing education certificate, as applicable’’. 
(c) REQUEST FOR INCREASE IN NUMBER OF DEFENSE INDUSTRY 
CIVILIANS AUTHORIZED FOR ADMISSION.—If the Secretary of Defense 
determines that it is in the best interest of the Department of 
Defense to increase the maximum number of defense industry 
employees authorized to be enrolled in the Naval Defense Develop-
ment Program or the Air Force Institute of Technology at any 
one time, as specified in sections 7049(a) and 9314a(a) of title 
10, United States Code, the Secretary shall submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a request for such an increase, including draft legislation 
to effectuate the increase. 
SEC. 590. EXTENSION OF AUTHORITIES TO CARRY OUT A PROGRAM 
OF REFERRAL AND COUNSELING SERVICES TO VETERANS 
AT RISK OF HOMELESSNESS WHO ARE TRANSITIONING 
FROM CERTAIN INSTITUTIONS. 
Section 2023(d) of title 38, United States Code, is amended 
by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 
2013’’. 
SEC. 591. INSPECTION OF MILITARY CEMETERIES UNDER THE JURIS-
DICTION OF DEPARTMENT OF DEFENSE. 
(a) DOD INSPECTOR
GENERAL
INSPECTION
OF
ARLINGTON 
NATIONAL CEMETERY AND UNITED STATES SOLDIERS’ AND AIRMEN’S
H. R. 4310—139 
HOME NATIONAL CEMETERY.—Section 1(d) of Public Law 111–339 
(124 Stat. 3592) is amended— 
(1) in paragraph (1), by striking ‘‘The Secretary’’ in the 
first sentence and inserting ‘‘Subject to paragraph (2), the Sec-
retary’’; and 
(2) in paragraph (2), by adding at the end the following 
new sentence: ‘‘However, in the case of the report required 
to be submitted during 2013, the assessment described in para-
graph (1) shall be conducted, and the report shall be prepared 
and submitted, by the Inspector General of the Department 
of Defense instead of the Secretary of the Army.’’. 
(b) TIME FOR SUBMISSION OF REPORT AND PLAN OF ACTION 
REGARDING INSPECTION
OF CEMETERIES
AT MILITARY INSTALLA-
TIONS.—Section 592(d)(2) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1443) 
is amended— 
(1) by striking ‘‘December 31, 2012’’ and inserting ‘‘June 
29, 2013’’; and 
(2) by striking ‘‘April 1, 2013’’ and inserting ‘‘October 1, 
2013’’. 
SEC. 592. REPORT ON RESULTS OF INVESTIGATIONS AND REVIEWS 
CONDUCTED WITH RESPECT TO PORT MORTUARY DIVI-
SION OF THE AIR FORCE MORTUARY AFFAIRS OPER-
ATIONS CENTER AT DOVER AIR FORCE BASE. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report of the investigations and reviews that 
were conducted with respect to the improper handling and prepara-
tion of the remains of deceased members of the Armed Forces 
and civilians at the Port Mortuary Division of the Air Force Mor-
tuary Affairs Operations Center at Dover Air Force Base. The 
investigations and reviews considered shall include— 
(1) the 436th Air Wing Inspector General review; 
(2) the Air Force Office of Special Investigations report; 
(3) the Air Force Office of Inspector General investigation; 
(4) the Office of Special Counsel review; 
(5) the Defense Health Board’s Dover Port Mortuary Inde-
pendent Review Subcommittee report; and 
(6) any other reviews or investigations of operations at 
Dover Port Mortuary that have been conducted since January 
1, 2011. 
(b) ELEMENTS OF REPORT.—The report shall— 
(1) summarize and evaluate the recommendations made, 
and the actions undertaken, as a result of the investigations 
and reviews, and the current status of implementation of such 
recommendations and actions; and 
(2) provide any additional recommendations for improve-
ment of operations at Dover Port Mortuary, including any best 
practices for casualty notification, family support, and mortuary 
affairs operations. 
SEC. 593. PRESERVATION OF EDITORIAL INDEPENDENCE OF STARS 
AND STRIPES. 
(a) MAINTENANCE OF GEOGRAPHIC SEPARATION.—To preserve 
the actual and perceived editorial and management independence 
of the Stars and Stripes newspaper, the Secretary of Defense shall
H. R. 4310—140 
extend the lease for the commercial office space in the District 
of Columbia currently occupied by the editorial and management 
operations of the Stars and Stripes newspaper until such time 
as the Secretary provides space and information technology and 
other support for such operations in a Government-owned facility 
in the National Capital Region geographically remote from facilities 
of the Defense Media Activity at Fort Meade, Maryland. 
(b) IMPLEMENTATION REPORT.—Not later than February 1, 2013, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
describing the implementation of subsection (a). 
SEC. 594. NATIONAL PUBLIC AWARENESS AND PARTICIPATION CAM-
PAIGN FOR VETERANS’ HISTORY PROJECT OF AMERICAN 
FOLKLIFE CENTER. 
(a) IN GENERAL.—The Director of the American Folklife Center 
at the Library of Congress shall carry out a national public aware-
ness and participation campaign for the program required by section 
3(a) of the Veterans’ Oral History Project Act (20 U.S.C. 2142(a)). 
Such campaign shall provide for the following: 
(1) Encouraging the people of the United States, veterans 
organizations, community groups, and national organizations 
to participate in such program. 
(2) Ensuring greater awareness and participation through-
out the United States in such program. 
(3) Providing meaningful opportunities for learning about 
the experiences of veterans. 
(4) Complementing the efforts supporting the readjustment 
and successful reintegration of veterans into civilian life after 
service in the Armed Forces. 
(b) COORDINATION
AND COOPERATION.—To the degree prac-
ticable, the Director shall, in carrying out the campaign required 
by subsection (a), coordinate and cooperate with veterans service 
organizations. 
(c) VETERANS SERVICE ORGANIZATION DEFINED.—In this section, 
the term ‘‘veterans service organization’’ means any organization 
recognized by the Secretary of Veterans Affairs for the representa-
tion of veterans under section 5902 of title 38, United States Code. 
SEC. 595. REPORT ON ACCURACY OF DATA IN THE DEFENSE ENROLL-
MENT ELIGIBILITY REPORTING SYSTEM. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a plan to improve the completeness and accuracy of the data con-
tained in the Defense Enrollment Eligibility Reporting System 
(DEERS) in order— 
(1) to provide for the standardization of identification 
credentials required for eligibility, enrollment, transactions, and 
updates across all Department of Defense installations; and 
(2) to ensure that persons issued military identification 
cards and receiving benefits based on DEERS data are actually 
eligible for such cards and benefits.
H. R. 4310—141 
SEC. 596. SENSE OF CONGRESS THAT THE BUGLE CALL COMMONLY 
KNOWN AS TAPS SHOULD BE DESIGNATED AS THE 
NATIONAL SONG OF MILITARY REMEMBRANCE. 
It is the sense of Congress that the bugle call commonly known 
as ‘‘Taps’’ should be designated as the National Song of Military 
Remembrance. 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2013 increase in military basic pay. 
Sec. 602. Extension of authority to provide temporary increase in rates of basic al-
lowance for housing under certain circumstances. 
Sec. 603. Basic allowance for housing for two-member couples when one member is 
on sea duty. 
Sec. 604. Rates of basic allowance for housing for members performing active 
Guard and Reserve duty. 
Sec. 605. Payment of benefit for nonparticipation of eligible members in Post-De-
ployment/Mobilization Respite Absence program due to Government 
error. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
Sec. 616. Increase in maximum amount of officer affiliation bonus for officers in the 
Selected Reserve. 
Sec. 617. Increase in maximum amount of incentive bonus for reserve component 
members who convert military occupational specialty to ease personnel 
shortages. 
Subtitle C—Travel and Transportation Allowances 
Sec. 621. Permanent change of station allowances for members of Selected Reserve 
units filling a vacancy in another unit after being involuntarily sepa-
rated. 
Sec. 622. Authority for comprehensive program for space-available travel on De-
partment of Defense aircraft. 
Subtitle D—Benefits and Services for Members Being Separated or Recently 
Separated 
Sec. 631. Extension of authority to provide two years of commissary and exchange 
benefits after separation. 
Sec. 632. Transitional use of military family housing. 
Subtitle E—Disability, Retired Pay, and Survivor Benefits 
Sec. 641. Repeal of requirement for payment of Survivor Benefit Plan premiums 
when participant waives retired pay to provide a survivor annuity under 
Federal Employees Retirement System and terminating payment of the 
Survivor Benefit Plan annuity. 
Sec. 642. Repeal of automatic enrollment in Family Servicemembers’ Group Life In-
surance for members of the Armed Forces married to other members. 
Sec. 643. Clarification of computation of combat-related special compensation for 
chapter 61 disability retirees. 
Subtitle F—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 651. Repeal of certain recordkeeping and reporting requirements applicable to 
commissary and exchange stores overseas.
H. R. 4310—142 
Sec. 652. Treatment of Fisher House for the Families of the Fallen and Meditation 
Pavilion at Dover Air Force Base, Delaware, as a Fisher House. 
Subtitle G—Military Lending 
Sec. 661. Additional enhancements of protections on consumer credit for members 
of the Armed Forces and their dependents. 
Sec. 662. Effect of violations of protections on consumer credit extended to mem-
bers of the Armed Forces and their dependents. 
Sec. 663. Consistent definition of dependent for purposes of applying limitations on 
terms of consumer credit extended to certain members of the Armed 
Forces and their dependents. 
Subtitle H—Military Compensation and Retirement Modernization Commission 
Sec. 671. Purpose, scope, and definitions. 
Sec. 672. Military Compensation and Retirement Modernization Commission. 
Sec. 673. Commission hearings and meetings. 
Sec. 674. Principles and procedure for Commission recommendations. 
Sec. 675. Consideration of Commission recommendations by the President. 
Sec. 676. Executive Director. 
Sec. 677. Staff. 
Sec. 678. Judicial review precluded. 
Sec. 679. Termination. 
Sec. 680. Funding. 
Subtitle I—Other Matters 
Sec. 681. Equal treatment for members of Coast Guard Reserve called to active 
duty under title 14, United States Code. 
Sec. 682. Report regarding Department of Veterans Affairs claims process trans-
formation plan. 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 
to become effective during fiscal year 2013 required by section 
1009 of title 37, United States Code, in the rates of monthly basic 
pay authorized members of the uniformed services shall not be 
made. 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2013, 
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 1.7 percent. 
SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY 
INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING 
UNDER CERTAIN CIRCUMSTANCES. 
Section 403(b)(7)(E) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 2013’’. 
SEC. 603. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEMBER COU-
PLES WHEN ONE MEMBER IS ON SEA DUTY. 
(a) IN GENERAL.—Subparagraph (C) of section 403(f)(2) of title 
37, United States Code, is amended to read as follows: 
‘‘(C) Notwithstanding section 421 of this title, a member of 
a uniformed service in a pay grade below pay grade E–6 who 
is assigned to sea duty and is married to another member of 
a uniformed service is entitled to a basic allowance for housing 
subject to the limitations of subsection (e).’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on January 1, 2013.
H. R. 4310—143 
SEC. 604. RATES OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS 
PERFORMING ACTIVE GUARD AND RESERVE DUTY. 
(a) TREATMENT OF ACTIVE GUARD AND RESERVE DUTY.—Section 
403(g) of title 37, United States Code, is amended by adding at 
the end the following new paragraph: 
‘‘(6)(A) This paragraph applies with respect to a member of 
a reserve component who performs active Guard and Reserve duty 
(as defined in section 101(d)(6) of title 10). 
‘‘(B) The rate of basic allowance for housing to be paid to 
a member described in subparagraph (A) shall be based on the 
member’s permanent duty station, even during instances in which 
the member is mobilized for service on active duty other than 
active Guard and Reserve duty. 
‘‘(C)(i) During transitions in service status from active Guard 
and Reserve duty to other active duty and back to active Guard 
and Reserve duty, or following the start of new periods of service 
resulting from a change in orders, a member described in subpara-
graph (A) shall be considered as retaining uninterrupted eligibility 
to receive a basic allowance for housing in an area as provided 
for under subsections (b)(6) and (c)(2) so long as the member 
remains on active duty without a break in service. 
‘‘(ii) Clause (i) does not apply if the member’s permanent duty 
station changes as a result of orders directing a permanent change 
in station with the authority for the movement of household goods. 
‘‘(iii) For purposes of clause (i), a break in active service occurs 
when one or more calendar days between active service periods 
do not qualify as active service. 
‘‘(D) Subsections (d)(3) and (o) also apply to a member described 
in subparagraph (A).’’. 
(b) TRANSITIONAL PROVISIONS.— 
(1) IN
GENERAL.—The basic allowance for housing paid 
to a member of a reserve component described in subparagraph 
(A) of paragraph (6) of section 403(g) of title 37, United States 
Code, as added by subsection (a), who on the date of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 2013 is being paid basic allowance for housing at a rate 
that is based on a housing area other than the member’s 
permanent duty station, shall be paid at that current rate 
until the member is assigned to perform duty at the member’s 
permanent duty station, at which time the member shall be 
paid basic allowance for housing at the prevailing permanent 
duty station housing area rate or at the permanent duty station 
housing rate for which the member has qualified under such 
paragraph (6). 
(2) ALTERNATIVE RATE.—The Secretary of a military depart-
ment, with the approval of the Secretary of Defense, may 
pay a member covered by paragraph (1) and under the jurisdic-
tion of that Secretary a basic allowance for housing at a rate 
higher than the rate provided under such paragraph to ensure 
that the member is treated fairly and equitably or to serve 
the best interests of the United States. 
SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION OF ELIGIBLE 
MEMBERS IN POST-DEPLOYMENT/MOBILIZATION RESPITE 
ABSENCE PROGRAM DUE TO GOVERNMENT ERROR. 
(a) PAYMENT OF BENEFIT.—
H. R. 4310—144 
(1) IN
GENERAL.—Upon application, the Secretary con-
cerned shall make a payment to each individual described 
in paragraph (2) of $200 for each day of nonparticipation of 
such individual in the Post-Deployment/Mobilization Respite 
Absence program as described in that paragraph. 
(2) COVERED INDIVIDUALS.—An individual described in this 
paragraph is an individual who— 
(A) was eligible for participation as a member of the 
Armed Forces in the Post-Deployment/Mobilization Respite 
Absence program; but 
(B) as determined by the Secretary concerned pursuant 
to an application for the correction of the military records 
of such individual pursuant to section 1552 of title 10, 
United States Code, or other process as determined by 
the Secretary, did not participate in one or more days 
in the program for which the individual was so eligible 
due to Government error. 
(b) DECEASED INDIVIDUALS.— 
(1) APPLICATIONS.—If an individual otherwise covered by 
subsection (a) is deceased, the application required by that 
subsection shall be made by the individual’s legal representa-
tive. 
(2) PAYMENT.—If an individual to whom payment would 
be made under subsection (a) is deceased at time of payment, 
payment shall be made in the manner specified in section 
1552(c)(2) of title 10, United States Code, or other process 
as determined by the Secretary concerned. 
(c) PAYMENT IN LIEU OF ADMINISTRATIVE ABSENCE.—Payment 
under subsection (a) with respect to a day described in that sub-
section shall be in lieu of any entitlement of the individual con-
cerned to a day of administrative absence for such day. 
(d) CONSTRUCTION.— 
(1) CONSTRUCTION WITH OTHER PAY.—Any payment with 
respect to an individual under subsection (a) is in addition 
to any other pay provided by law. 
(2) CONSTRUCTION OF AUTHORITY.—It is the sense of Con-
gress that— 
(A) the sole purpose of the authority in this section 
is to remedy administrative errors; and 
(B) the authority in this section is not intended to 
establish any entitlement in connection with the Post- 
Deployment/Mobilization Respite Absence program. 
(e) DEFINITIONS.—In this section, the terms ‘‘Post-Deployment/ 
Mobilization Respite Absence program’’ and ‘‘Secretary concerned’’ 
have the meaning given such terms in section 604(f) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2350). 
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, 2012’’ and inserting ‘‘December 
31, 2013’’:
H. R. 4310—145 
(1) Section 308b(g), relating to Selected Reserve reenlist-
ment bonus. 
(2) Section 308c(i), relating to Selected Reserve affiliation 
or enlistment bonus. 
(3) Section 308d(c), relating to special pay for enlisted 
members assigned to certain high-priority units. 
(4) Section 308g(f)(2), relating to Ready Reserve enlistment 
bonus for persons without prior service. 
(5) Section 308h(e), relating to Ready Reserve enlistment 
and reenlistment bonus for persons with prior service. 
(6) Section 308i(f), relating to Selected Reserve enlistment 
and reenlistment bonus for persons with prior service. 
(7) Section 408a(e), relating to reimbursement of travel 
expenses for inactive-duty training outside of normal com-
muting distance. 
(8) Section 910(g), relating to income replacement payments 
for reserve component members experiencing extended and fre-
quent mobilization for active duty service. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 
United States Code, are amended by striking ‘‘December 31, 2012’’ 
and inserting ‘‘December 31, 2013’’: 
(1) Section 2130a(a)(1), relating to nurse officer candidate 
accession program. 
(2) Section 16302(d), relating to repayment of education 
loans for certain health professionals who serve in the Selected 
Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 
United States Code, are amended by striking ‘‘December 31, 2012’’ 
and inserting ‘‘December 31, 2013’’: 
(1) Section 302c–1(f), relating to accession and retention 
bonuses for psychologists. 
(2) Section 302d(a)(1), relating to accession bonus for reg-
istered 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 special-
ties. 
(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 specialties. 
(8) Section 302l(g), relating to accession bonus for dental 
specialist officers in critically short wartime specialties. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 
AUTHORITIES FOR NUCLEAR OFFICERS. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2013’’: 
(1) Section 312(f), relating to special pay for nuclear-quali-
fied officers extending period of active service.
H. R. 4310—146 
(2) Section 312b(c), relating to nuclear career accession 
bonus. 
(3) Section 312c(d), relating to nuclear career annual incen-
tive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 
BONUS AUTHORITIES. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2013’’: 
(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 351(h), relating to hazardous duty pay. 
(7) Section 352(g), relating to assignment pay or special 
duty pay. 
(8) Section 353(i), relating to skill incentive pay or pro-
ficiency bonus. 
(9) Section 355(h), relating to retention incentives for mem-
bers qualified in critical military skills or assigned to high 
priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2013’’: 
(1) Section 301b(a), relating to aviation officer retention 
bonus. 
(2) Section 307a(g), relating to assignment incentive pay. 
(3) Section 308(g), relating to reenlistment bonus for active 
members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 324(g), relating to accession bonus for new offi-
cers in critical skills. 
(6) Section 326(g), relating to incentive bonus for conversion 
to military occupational specialty to ease personnel shortage. 
(7) Section 327(h), relating to incentive bonus for transfer 
between armed forces. 
(8) Section 330(f), relating to accession bonus for officer 
candidates. 
SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AFFILIATION 
BONUS FOR OFFICERS IN THE SELECTED RESERVE. 
Section 308j(d) of title 37, United States Code, is amended 
by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’.
H. R. 4310—147 
SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR 
RESERVE COMPONENT MEMBERS WHO CONVERT MILI-
TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL 
SHORTAGES. 
Section 326(c)(1) of title 37, United States Code, is amended 
by striking ‘‘$4,000, in the case of a member of a regular component 
of the armed forces, and $2,000, in the case of a member of a 
reserve component of the armed forces.’’ and inserting ‘‘$4,000.’’. 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 621. PERMANENT CHANGE OF STATION ALLOWANCES FOR MEM-
BERS OF SELECTED RESERVE UNITS FILLING A VACANCY 
IN ANOTHER UNIT AFTER BEING INVOLUNTARILY SEPA-
RATED. 
(a) TRAVEL AND TRANSPORTATION ALLOWANCES GENERALLY.— 
Section 474 of title 37, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘and’’ at the end; 
(B) in paragraph (5), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(6) upon filling a vacancy in a Selected Reserve unit at 
a duty station that is more than 150 miles from the member’s 
residence if— 
‘‘(A) during the preceding three years the member was 
involuntarily separated under other than adverse condi-
tions (as characterized by the Secretary concerned) while 
assigned to a unit of the Selected Reserve certified by 
the Secretary concerned as having been adversely affected 
by force structure reductions during the period beginning 
on October 1, 2012, and ending on December 31, 2018; 
‘‘(B) the involuntary separation occurred during the 
period beginning on October 1, 2012, and ending on 
December 31, 2018; and 
‘‘(C) the member is— 
‘‘(i) qualified in a skill designated as critically short 
by the Secretary concerned; or 
‘‘(ii) filling a vacancy in a Selected Reserve unit 
with a critical manpower shortage, or in a pay grade 
with a critical manpower shortage in such unit.’’; 
(2) in subsection (f), by adding at the end the following 
new paragraph: 
‘‘(4)(A) A member may be provided travel and transportation 
allowances under subsection (a)(6) only with respect to the filling 
of a vacancy in a Selected Reserve unit one time. 
‘‘(B) Regulations under this section shall provide that whenever 
travel and transportation allowances are paid under subsection 
(a)(6), the cost shall be borne by the unit filling the vacancy.’’; 
and 
(3) in subsection (j), by inserting ‘‘(except subsection (a)(6))’’ 
after ‘‘In this section’’.
H. R. 4310—148 
(b) TRAVEL AND TRANSPORTATION ALLOWANCES FOR DEPEND-
ENTS
AND HOUSEHOLD EFFECTS.—Section 476 of such title is 
amended— 
(1) by redesignating subsections (l), (m), and (n) as sub-
sections (m), (n), and (o), respectively; and 
(2) by inserting after subsection (k) the following new sub-
section (l): 
‘‘(l)(1) A member described in paragraph (2) is entitled to the 
travel and transportation allowances, including allowances with 
respect to dependents, authorized by this section upon filling a 
vacancy as described in that paragraph as if the member were 
undergoing a permanent change of station under orders in filling 
such vacancy. 
‘‘(2) A member described in this paragraph is a member who 
is filling a vacancy in a Selected Reserve unit at a duty station 
that is more than 150 miles from the member’s residence if— 
‘‘(A) during the three years preceding filling the vacancy, 
the member was involuntarily separated under other than 
adverse conditions (as characterized by the Secretary con-
cerned) while assigned to a unit of the Selected Reserve certified 
by the Secretary concerned as having been adversely affected 
by force structure reductions during the period beginning on 
October 1, 2012, and ending on December 31, 2018; 
‘‘(B) the involuntary separation occurred during the period 
beginning on October 1, 2012, and ending on December 31, 
2018; and 
‘‘(C) the member is— 
‘‘(i) qualified in a skill designated as critically short 
by the Secretary concerned; or 
‘‘(ii) filling a vacancy in a Selected Reserve unit with 
a critical manpower shortage, or in a pay grade with a 
critical manpower shortage in such unit. 
‘‘(3) Any allowances authorized by this section that are payable 
under this subsection may be payable in advance if payable in 
advance to a member undergoing a permanent change of station 
under orders under the applicable provision of this section.’’. 
SEC. 622. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR SPACE- 
AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE AIR-
CRAFT. 
(a) PROGRAM AUTHORIZED.—Section 2641b of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 2641b. Space-available travel on Department of Defense 
aircraft: program authorized and eligible recipi-
ents 
‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.—(1) The Secretary 
of Defense may establish a program (in this section referred to 
as the ‘travel program’) to provide transportation on Department 
of Defense aircraft on a space-available basis to the categories 
of individuals eligible under subsection (c). 
‘‘(2) If the Secretary makes a determination to establish the 
travel program, the Secretary shall prescribe regulations for the 
operation of the travel program not later than one year after the 
date on which the determination was made. The regulations shall 
take effect on that date or such earlier date as the Secretary 
shall specify in the regulations.
H. R. 4310—149 
‘‘(3) Not later than 30 days after making the determination 
to establish the travel program, the Secretary shall submit to the 
congressional defense committees an initial implementation report 
describing— 
‘‘(A) the basis for the determination; 
‘‘(B) any additional categories of individuals to be eligible 
for the travel program under subsection (c)(5); 
‘‘(C) how the Secretary will ensure that the travel program 
is established and operated in compliance with the conditions 
specified in subsection (b); and 
‘‘(D) the metrics by which the Secretary will monitor the 
travel program to determine the efficient and effective execution 
of the travel program. 
‘‘(b) CONDITIONS ON ESTABLISHMENT AND OPERATION.—(1) The 
Secretary of Defense shall operate the travel program in a budget- 
neutral manner. 
‘‘(2) No additional funds may be used, or flight hours performed, 
for the purpose of providing transportation under the travel pro-
gram. 
‘‘(c) ELIGIBLE INDIVIDUALS.—Subject to subsection (d), the Sec-
retary of Defense shall provide transportation under the travel 
program (if established) to the following categories of individuals: 
‘‘(1) Members of the armed forces on active duty. 
‘‘(2) Members of the Selected Reserve who hold a valid 
Uniformed Services Identification and Privilege Card. 
‘‘(3) Retired members of a regular or reserve component 
of the armed forces, including retired members of reserve 
components who, but for being under the eligibility age 
applicable under section 12731 of this title, would be eligible 
for retired pay under chapter 1223 of this title. 
‘‘(4) Such categories of dependents of individuals described 
in paragraphs (1) through (3) as the Secretary shall specify 
in the regulations under subsection (a), under such conditions 
and circumstances as the Secretary shall specify in such regula-
tions. 
‘‘(5) Such other categories of individuals as the Secretary, 
in the discretion of the Secretary, considers appropriate. 
‘‘(d) PRIORITIES
AND RESTRICTIONS.—In operating the travel 
program, the Secretary of Defense shall— 
‘‘(1) in the sole discretion of the Secretary, establish an 
order of priority for transportation under the travel program 
for categories of eligible individuals that is based on consider-
ations of military necessity, humanitarian concerns, and 
enhancement of morale; 
‘‘(2) give priority in consideration of transportation under 
the travel program to the demands of members of the armed 
forces in the regular components and in the reserve components 
on active duty and to the need to provide such members, 
and their dependents, a means of respite from such demands; 
and 
‘‘(3) implement policies aimed at ensuring cost control (as 
required by subsection (b)) and the safety, security, and efficient 
processing of travelers, including limiting the benefit under 
the travel program to one or more categories of otherwise 
eligible individuals if considered necessary by the Secretary. 
‘‘(e) SPECIAL PRIORITY
FOR RETIRED MEMBERS RESIDING
IN 
COMMONWEALTHS AND POSSESSIONS OF THE UNITED STATES WHO
H. R. 4310—150 
NEED CERTAIN HEALTH CARE SERVICES.—(1) Notwithstanding sub-
section (d)(1), in establishing space-available transportation prior-
ities under the travel program, the Secretary of Defense shall 
provide transportation for an individual described in paragraph 
(2), and a single dependent of the individual if needed to accompany 
the individual, at a priority level in the same category as the 
priority level for an unaccompanied dependent over the age of 
18 traveling on environmental and morale leave. 
‘‘(2) Subject to paragraph (3), paragraph (1) applies with respect 
to an individual described in subsection (c)(3) who— 
‘‘(A) resides in or is located in a Commonwealth or posses-
sion of the United States; and 
‘‘(B) is referred by a military or civilian primary care pro-
vider located in that Commonwealth or possession to a specialty 
care provider for services to be provided outside of that 
Commonwealth or possession. 
‘‘(3) If an individual described in subsection (c)(3) is a retired 
member of a reserve component who is ineligible for retired pay 
under chapter 1223 of this title by reason of being under the 
eligibility age applicable under section 12731 of this title, paragraph 
(1) applies to the individual only if the individual is also enrolled 
in the TRICARE program for certain members of the Retired 
Reserve authorized under section 1076e of this title. 
‘‘(4) The priority for space-available transportation required 
by this subsection applies with respect to both— 
‘‘(A) the travel from the Commonwealth or possession of 
the United States to receive the specialty care services; and 
‘‘(B) the return travel. 
‘‘(5) The requirement to provide transportation on Department 
of Defense aircraft on a space-available basis on the priority basis 
described in paragraph (1) to individuals covered by this subsection 
applies whether or not the travel program is established under 
this section. 
‘‘(6) In this subsection, the terms ‘primary care provider’ and 
‘specialty care provider’ refer to a medical or dental professional 
who provides health care services under chapter 55 of this title. 
‘‘(f) CONSTRUCTION.—The authority to provide transportation 
under the travel program is in addition to any other authority 
under law to provide transportation on Department of Defense 
aircraft on a space-available basis.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 157 of such title is amended by striking the item 
relating to section 2641b and inserting the following new item: 
‘‘2641b. Space-available travel on Department of Defense aircraft: program author-
ized and eligible recipients.’’. 
Subtitle D—Benefits and Services for Mem-
bers Being Separated or Recently Sepa-
rated 
SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO YEARS OF 
COMMISSARY AND EXCHANGE BENEFITS AFTER SEPARA-
TION. 
(a) EXTENSION OF AUTHORITY.—Section 1146 of title 10, United 
States Code, is amended—
H. R. 4310—151 
(1) in subsection (a), by striking ‘‘2012’’ and inserting 
‘‘2018’’; and 
(2) in subsection (b), by striking ‘‘2012’’ and inserting 
‘‘2018’’. 
(b) CORRECTION
OF
REFERENCE
TO
ADMINISTERING
SEC-
RETARY.—Such section is further amended— 
(1) in subsection (a), by striking ‘‘The Secretary of Transpor-
tation’’ and inserting ‘‘The Secretary concerned’’; and 
(2) in subsection (b), by striking ‘‘The Secretary of Home-
land Security’’ and inserting ‘‘The Secretary concerned’’. 
SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUSING. 
(a) RESUMPTION OF AUTHORITY TO AUTHORIZE TRANSITIONAL 
USE.—Subsection (a) of section 1147 of title 10, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘October 1, 1990, and 
ending on December 31, 2001’’ and inserting ‘‘October 1, 2012, 
and ending on December 31, 2018’’; and 
(2) in paragraph (2), by striking ‘‘October 1, 1994, and 
ending on December 31, 2001’’ and inserting ‘‘October 1, 2012, 
and ending on December 31, 2018’’. 
(b) PROHIBITION ON PROVISION OF TRANSITIONAL BASIC ALLOW-
ANCE FOR HOUSING.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(c) NO TRANSITIONAL BASIC ALLOWANCE
FOR HOUSING.— 
Nothing in this section shall be construed to authorize the Secretary 
concerned to continue to provide for any period of time to an 
individual who is involuntarily separated all or any portion of 
a basic allowance for housing to which the individual was entitled 
under section 403 of title 37 immediately before being involuntarily 
separated, even in cases in which the individual or members of 
the individual’s household continue to reside after the separation 
in a housing unit acquired or constructed under the alternative 
authority of subchapter IV of chapter 169 of this title that is 
not owned or leased by the United States.’’. 
(c) CORRECTION
OF
REFERENCE
TO
ADMINISTERING
SEC-
RETARY.—Subsection (a)(2) of such section is further amended by 
striking ‘‘The Secretary of Transportation’’ and inserting ‘‘The Sec-
retary concerned’’. 
Subtitle E—Disability, Retired Pay, and 
Survivor Benefits 
SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF SURVIVOR 
BENEFIT PLAN PREMIUMS WHEN PARTICIPANT WAIVES 
RETIRED PAY TO PROVIDE A SURVIVOR ANNUITY UNDER 
FEDERAL EMPLOYEES RETIREMENT SYSTEM AND TERMI-
NATING PAYMENT OF THE SURVIVOR BENEFIT PLAN 
ANNUITY. 
(a) DEPOSITS NOT REQUIRED.—Section 1452(e) of title 10, 
United States Code, is amended— 
(1) in the subsection heading, by inserting ‘‘AND FERS’’ 
after ‘‘CSRS’’; 
(2) by inserting ‘‘or chapter 84 of such title’’ after ‘‘chapter 
83 of title 5’’; 
(3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; and
H. R. 4310—153 
(1) by striking ‘‘GENERAL AUTHORITY.—(1)’’ and inserting 
‘‘AUTHORITY TO ESTABLISH RESTRICTIONS.—’’; 
(2) by striking ‘‘(2)’’ and inserting ‘‘(b) LIMITATIONS
ON 
USE OF AUTHORITY.—’’; and 
(3) by redesignating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively. 
SEC. 652. TREATMENT OF FISHER HOUSE FOR THE FAMILIES OF THE 
FALLEN AND MEDITATION PAVILION AT DOVER AIR FORCE 
BASE, DELAWARE, AS A FISHER HOUSE. 
(a) FISHER HOUSES
AND AUTHORIZED FISHER HOUSE RESI-
DENTS.—Subsection (a) of section 2493 of title 10, United States 
Code, is amended— 
(1) in paragraph (1)(B), by striking ‘‘by patients’’ and all 
that follows through ‘‘such patients;’’ and inserting ‘‘by author-
ized Fisher House residents;’’; 
(2) by redesignating paragraph (2) as paragraph (3); 
(3) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) The term ‘Fisher House’ includes the Fisher House 
for the Families of the Fallen and Meditation Pavilion at Dover 
Air Force Base, Delaware, so long as such facility is available 
for residential use on a temporary basis by authorized Fisher 
House residents.’’; and 
(4) by adding at the end the following new paragraph: 
‘‘(4) The term ‘authorized Fisher House residents’ means 
the following: 
‘‘(A) With respect to a Fisher House described in para-
graph (1) that is located in proximity to a health care 
facility of the Army, the Air Force, or the Navy, the fol-
lowing persons: 
‘‘(i) Patients of that health care facility. 
‘‘(ii) Members of the families of such patients. 
‘‘(iii) Other persons providing the equivalent of 
familial support for such patients. 
‘‘(B) With respect to the Fisher House described in 
paragraph (2), the following persons: 
‘‘(i) The primary next of kin of a member of the 
armed forces who dies while located or serving over-
seas. 
‘‘(ii) Other family members of the deceased member 
who are eligible for transportation under section 
481f(e) of title 37. 
‘‘(iii) An escort of a family member described in 
clause (i) or (ii).’’. 
(b) CONFORMING AMENDMENTS.—Subsections (b), (e), and (f) 
of such section are amended by striking ‘‘health care’’ each place 
it appears. 
(c) REPEAL
OF FISCAL YEAR 2012 FREESTANDING DESIGNA-
TION.—Section 643 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1466) is repealed.
H. R. 4310—154 
Subtitle G—Military Lending 
SEC. 661. ADDITIONAL ENHANCEMENTS OF PROTECTIONS ON CON-
SUMER CREDIT FOR MEMBERS OF THE ARMED FORCES 
AND THEIR DEPENDENTS. 
(a) PROTECTIONS AGAINST DIFFERENTIAL TREATMENT ON CON-
SUMER CREDIT UNDER STATE LAW.—Subsection (d)(2) of section 
987 of title 10, United States Code, is amended— 
(1) in subparagraph (A), by inserting ‘‘any consumer credit 
or’’ before ‘‘loans’’; and 
(2) in subparagraph (B), by inserting ‘‘covering consumer 
credit’’ after ‘‘State consumer lending protections’’. 
(b) REGULAR
CONSULTATIONS
ON
PROTECTION.—Subsection 
(h)(3) of such section is amended— 
(1) in the matter preceding subparagraph (A), by inserting 
‘‘and not less often than once every two years thereafter,’’ 
after ‘‘under this subsection,’’; and 
(2) by striking subparagraph (E) and inserting the following 
new subparagraph: 
‘‘(E) The Bureau of Consumer Financial Protection.’’. 
(c) EFFECTIVE DATE.— 
(1) MODIFICATION
OF
REGULATIONS.—The Secretary of 
Defense shall modify the regulations prescribed under sub-
section (h) of section 987 of title 10, United States Code, to 
take into account the amendments made by subsection (a). 
(2) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on— 
(A) the date that is one year after the date of the 
enactment of this Act; or 
(B) such earlier date as the Secretary shall specify 
in the modification of regulations required by paragraph 
(1). 
(3) PUBLICATION OF EARLIER DATE.—If the Secretary speci-
fies an earlier effective date for the amendments made by 
subsection (a) pursuant to paragraph (2)(B), the Secretary shall 
publish notice of such earlier effective date in the Federal 
Register not later than 90 days before such earlier effective 
date. 
SEC. 662. EFFECT OF VIOLATIONS OF PROTECTIONS ON CONSUMER 
CREDIT EXTENDED TO MEMBERS OF THE ARMED FORCES 
AND THEIR DEPENDENTS. 
(a) CIVIL LIABILITY.—Section 987(f) of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(5) CIVIL LIABILITY.— 
‘‘(A) IN GENERAL.—A person who violates this section 
with respect to any person is civilly liable to such person 
for— 
‘‘(i) any actual damage sustained as a result, but 
not less than $500 for each violation; 
‘‘(ii) appropriate punitive damages; 
‘‘(iii) appropriate equitable or declaratory relief; 
and 
‘‘(iv) any other relief provided by law. 
‘‘(B) COSTS OF THE ACTION.—In any successful action 
to enforce the civil liability described in subparagraph (A),
H. R. 4310—155 
the person who violated this section is also liable for the 
costs of the action, together with reasonable attorney fees 
as determined by the court. 
‘‘(C) EFFECT OF FINDING OF BAD FAITH AND HARASS-
MENT.—In any successful action by a defendant under this 
section, if the court finds the action was brought in bad 
faith and for the purpose of harassment, the plaintiff is 
liable for the attorney fees of the defendant as determined 
by the court to be reasonable in relation to the work 
expended and costs incurred. 
‘‘(D) DEFENSES.—A person may not be held liable for 
civil liability under this paragraph if the person shows 
by a preponderance of evidence that the violation was 
not intentional and resulted from a bona fide error notwith-
standing the maintenance of procedures reasonably 
adapted to avoid any such error. Examples of a bona fide 
error include clerical, calculation, computer malfunction 
and programming, and printing errors, except that an error 
of legal judgment with respect to a person’s obligations 
under this section is not a bona fide error. 
‘‘(E) JURISDICTION, VENUE, AND
STATUTE
OF
LIMITA-
TIONS.—An action for civil liability under this paragraph 
may be brought in any appropriate United States district 
court, without regard to the amount in controversy, or 
in any other court of competent jurisdiction, not later than 
the earlier of— 
‘‘(i) two years after the date of discovery by the 
plaintiff of the violation that is the basis for such 
liability; or 
‘‘(ii) five years after the date on which the violation 
that is the basis for such liability occurs.’’. 
(b) 
ENFORCEMENT
AUTHORITY.—Such 
section 
is 
further 
amended by inserting after paragraph (5), as added by subsection 
(a), the following new paragraph: 
‘‘(6) ADMINISTRATIVE ENFORCEMENT.—The provisions of this 
section (other than paragraph (1) of this subsection) shall be 
enforced by the agencies specified in section 108 of the Truth 
in Lending Act (15 U.S.C. 1607) in the manner set forth in 
that section or under any other applicable authorities available 
to such agencies by law.’’. 
(c) APPLICATION OF AMENDMENT.—The amendment made by 
subsection (a) shall apply with respect to consumer credit extended 
on or after the date of the enactment of this Act. 
SEC. 663. CONSISTENT DEFINITION OF DEPENDENT FOR PURPOSES 
OF APPLYING LIMITATIONS ON TERMS OF CONSUMER 
CREDIT EXTENDED TO CERTAIN MEMBERS OF THE ARMED 
FORCES AND THEIR DEPENDENTS. 
Paragraph (2) of section 987(i) of title 10, United States Code, 
is amended to read as follows: 
‘‘(2) DEPENDENT.—The term ‘dependent’, with respect to 
a covered member, means a person described in subparagraph 
(A), (D), (E), or (I) of section 1072(2) of this title.’’.
H. R. 4310—156 
Subtitle H—Military Compensation and 
Retirement Modernization Commission 
SEC. 671. PURPOSE, SCOPE, AND DEFINITIONS. 
(a) PURPOSE.—The purpose of this subtitle is to establish the 
Military Compensation and Retirement Modernization Commission 
to conduct a review of the military compensation and retirement 
systems and to make recommendations to modernize such systems 
in order to— 
(1) ensure the long-term viability of the All-Volunteer Force 
by sustaining the required human resources of that force during 
all levels of conflict and economic conditions; 
(2) enable the quality of life for members of the Armed 
Forces and the other uniformed services and their families 
in a manner that fosters successful recruitment, retention, and 
careers for members of the Armed Forces and the other uni-
formed services; and 
(3) modernize and achieve fiscal sustainability for the com-
pensation and retirement systems for the Armed Forces and 
the other uniformed services for the 21st century. 
(b) SCOPE OF REVIEW.— 
(1) REQUIRED ELEMENTS OF REVIEW.—In order to provide 
the fullest understanding of the matters required to balance 
the primary purpose of the review specified in subsection (a), 
the Commission shall make its recommendations for changes 
to the military compensation and retirement systems only 
after— 
(A) examining all laws, policies, and practices of the 
Federal Government that result in any direct payment 
of authorized or appropriated funds to— 
(i) current and former members (veteran and 
retired) of the uniformed services, including the reserve 
components of those services; and 
(ii) the spouses, family members, children, sur-
vivors, and other persons authorized to receive such 
payments as a result of their connection to the mem-
bers of the uniformed services named in clause (i); 
(B) examining all laws, policies, and practices of the 
Federal Government that result in any expenditure of 
authorized or appropriated funds to support the persons 
named in subparagraph (A) and their quality of life, 
including— 
(i) health, disability, survivor, education, and 
dependent support programs of the Department of 
Defense and the Department of Veterans Affairs, 
including outlays from the various Federal trust funds 
supporting those programs; 
(ii) Department of Education impact aid; 
(iii) support or funding provided to States, terri-
tories, colleges and universities; 
(iv) Department of Defense morale, recreation, and 
welfare programs, the resale programs (military 
exchanges and commissaries), and dependent school 
system; 
(v) the tax treatment of military compensation and 
benefits; and
H. R. 4310—157 
(vi) military family housing; and 
(C) such other matters as the Commission considers 
appropriate. 
(2) PRIORITIES.—In weighing its recommendations on those 
matters necessary to sustain the human resources of the All- 
Volunteer Force, the Commission shall— 
(A) pay particular attention to the interrelationships 
and interplay of impact between and among the various 
programs of the Federal Government, especially as those 
programs influence decisions of persons about joining the 
uniformed services and of members of the uniformed serv-
ices about remaining in the those services; and 
(B) closely weigh its recommendations regarding the 
web of interrelated programs supporting spouses and fami-
lies of members of the uniformed services, so that changes 
in such programs do not adversely impact decisions to 
remain in the uniformed services. 
(3) EXCEPTION.—The Commission shall not examine any 
program that uses appropriated funding for initial entry 
training or unit training of members of the uniformed services. 
(c) DEFINITIONS.—In this subtitle: 
(1) The term ‘‘Armed Forces’’ has the meaning given the 
term ‘‘armed forces’’ in section 101(a)(4) of title 10, United 
States Code. 
(2) The term ‘‘Commission’’ means the Military Compensa-
tion and Retirement Modernization Commission established by 
section 672. 
(3) The term ‘‘Commission establishment date’’ means the 
first day of the first month beginning on or after the date 
of the enactment of this Act. 
(4) The term ‘‘military compensation and retirement sys-
tems’’ means the military compensation system and the military 
retirement system. 
(5) The term ‘‘military compensation system’’ means provi-
sions of law providing eligibility for and the computation of 
military compensation, including regular military compensa-
tion, special and incentive pays and allowances, medical and 
dental care, educational assistance and related benefits, and 
commissary and exchange benefits and related benefits and 
activities. 
(6) The term ‘‘military retirement system’’ means retire-
ment benefits, including retired pay based upon service in 
the uniformed services and survivor annuities based upon such 
service. 
(7) The term ‘‘Secretary’’ means the Secretary of Defense. 
(8) The term ‘‘uniformed services’’ has the meaning given 
that term in section 101(a)(5) of title 10, United States Code. 
(9) The terms ‘‘veterans service organization’’ and ‘‘military- 
related advocacy group or association’’ mean an organization 
whose primary purpose is to advocate for veterans, military 
personnel, military retirees, or military families. 
SEC. 672. MILITARY COMPENSATION AND RETIREMENT MODERNIZA-
TION COMMISSION. 
(a) ESTABLISHMENT.—There is established in the executive 
branch an independent commission to be known as the Military 
Compensation and Retirement Modernization Commission. The
H. R. 4310—159 
of the Commission and be responsible for establishing the agenda 
of Commission meetings and hearings. 
(d) TERMS.—Members shall be appointed for the life of the 
Commission. A vacancy in the Commission shall not affect its 
powers, and shall be filled in the same manner as the original 
appointment was made. 
(e) STATUS
AS FEDERAL EMPLOYEES.—Notwithstanding the 
requirements of section 2105 of title 5, United States Code, 
including the required supervision under subsection (a)(3) of such 
section, the members of the Commission shall be deemed to be 
Federal employees. 
(f) PAY FOR MEMBERS OF THE COMMISSION.— 
(1) IN GENERAL.—Each member, other than the Chair, of 
the Commission shall be paid at a rate equal to the daily 
equivalent of the annual rate of basic pay payable for level 
IV of the Executive Schedule under section 5315 of title 5, 
United States Code, for each day (including travel time) during 
which the member is engaged in the actual performance of 
duties vested in the Commission. 
(2) CHAIR.—The Chair of the Commission shall be paid 
at a rate equal to the daily equivalent of the annual rate 
of basic pay payable for level III of the Executive Schedule 
under section 5314, of title 5, United States Code, for each 
day (including travel time) during which the member is engaged 
in the actual performance of duties vested in the Commission. 
SEC. 673. COMMISSION HEARINGS AND MEETINGS. 
(a) IN GENERAL.—The Commission shall conduct hearings on 
the recommendations it is taking under consideration. Any such 
hearing, except a hearing in which classified information is to 
be considered, shall be open to the public. Any hearing open to 
the public shall be announced on a Federal website at least 14 
days in advance. For all hearings open to the public, the Commission 
shall release an agenda and a listing of materials relevant to 
the topics to be discussed. 
(b) MEETINGS.— 
(1) INITIAL MEETING.—The Commission shall hold its initial 
meeting not later than 30 days after the date as of which 
all members have been appointed. 
(2) SUBSEQUENT MEETINGS.—After its initial meeting, the 
Commission shall meet upon the call of the Chair or a majority 
of its members. 
(3) PUBLIC MEETINGS.—Each meeting of the Commission 
shall be held in public unless any member objects. 
(c) QUORUM.—Five members of the Commission shall constitute 
a quorum, but a lesser number may hold hearings. 
(d) PUBLIC COMMENTS.— 
(1) SOLICITATION.—The Commission shall seek written com-
ments from the general public and interested parties on meas-
ures to modernize the military compensation and retirement 
systems. Comments shall be requested through a solicitation 
in the Federal Register and announcement on the Internet 
website of the Commission. 
(2) PERIOD FOR SUBMITTAL.—The period for the submittal 
of comments pursuant to the solicitation under paragraph (1) 
shall end not earlier than 30 days after the date of the solicita-
tion and shall end on or before the date on which the Secretary
H. R. 4310—160 
transmits the recommendations of the Secretary to the Commis-
sion under section 674(b). 
(3) USE BY COMMISSION.—The Commission shall consider 
the comments submitted under this subsection when developing 
its recommendations. 
(e) SPACE FOR USE OF COMMISSION.—Not later than 90 days 
after the date of the enactment of this Act, the Administrator 
of General Services, in consultation with the Secretary, shall iden-
tify and make available suitable excess space within the Federal 
space inventory to house the operations of the Commission. If 
the Administrator is not able to make such suitable excess space 
available within such 90-day period, the Commission may lease 
space to the extent the funds are available. 
(f) CONTRACTING AUTHORITY.—The Commission may acquire 
administrative supplies and equipment for Commission use to the 
extent funds are available. 
SEC. 674. PRINCIPLES AND PROCEDURE FOR COMMISSION REC-
OMMENDATIONS. 
(a) CONTEXT OF COMMISSION REVIEW.—The Commission shall 
conduct a review of the matters described in section 671, including 
current military compensation and retirement systems, force 
management objectives, and changes in life expectancy and the 
labor force. 
(b) DEVELOPMENT OF COMMISSION RECOMMENDATIONS.— 
(1) CONSISTENCY WITH PRESIDENTIAL PRINCIPLES.—Subject 
to paragraph (2), the Commission shall develop recommenda-
tions that are consistent with the principles established by 
the President under subsection (c) and section 671. 
(2) GRANDFATHERING OF RETIRED PAY.— 
(A) CONDITIONS.—In developing its recommendations, 
the Commission shall comply with the following conditions 
with regard to the treatment of retired pay for members 
and retired members of the uniformed services who joined 
a uniformed service before the date of the enactment of 
an Act to modernize the military compensation and retire-
ment systems: 
(i) For members of the uniformed services as of 
such date, who became members before the enactment 
of such an Act, the monthly amount of their retired 
pay may not be less than they would have received 
under the current military compensation and retire-
ment system, nor may the date at which they are 
eligible to receive their military retired pay be adjusted 
to the financial detriment of the member. 
(ii) For members of the uniformed services retired 
as of such date, the eligibility for and receipt of their 
retired pay may not be adjusted pursuant to any 
change made by the enactment of such an Act. 
(B) VOLUNTARY
ELECTION
EXCEPTION.—Nothing in 
subparagraph (A) prevents a member described in such 
subparagraph from voluntarily electing to be covered under 
the provisions of an Act to modernize the military com-
pensation and retirement systems. 
(c) PRESIDENTIAL PRINCIPLES.—Not later than five months after 
the Commission establishment date, the President shall establish
H. R. 4310—161 
and transmit to the Commission and Congress principles for mod-
ernizing the military compensation and retirement systems. The 
principles established by the President shall address the following: 
(1) Maintaining recruitment and retention of the best mili-
tary personnel. 
(2) Modernizing the regular and reserve military compensa-
tion and retirement systems. 
(3) Differentiating between regular and reserve military 
service. 
(4) Differentiating between service in the Armed Forces 
and service in the other uniformed services. 
(5) Assisting with force management. 
(6) Ensuring the fiscal sustainability of the military com-
pensation and retirement systems. 
(7) Compliance with the purpose and scope of the review 
prescribed in section 671. 
(d) SECRETARY OF DEFENSE RECOMMENDATIONS.— 
(1) DEADLINE.—Not later than nine months after the 
Commission establishment date, the Secretary shall transmit 
to the Commission the recommendations of the Secretary for 
modernization of the military compensation and retirement 
systems. The Secretary shall concurrently transmit the rec-
ommendations to Congress. 
(2) DEVELOPMENT OF RECOMMENDATIONS.—The Secretary 
shall develop the recommendations of the Secretary under para-
graph (1)— 
(A) on the basis of the principles established by the 
President pursuant to subsection (c); 
(B) in consultation with the Secretary of Homeland 
Security, with respect to recommendations concerning 
members of the Coast Guard; 
(C) in consultation with the Secretary of Health and 
Human Services, with respect to recommendations con-
cerning members of the Public Health Service; 
(D) in consultation with the Secretary of Commerce, 
with respect to recommendations concerning members of 
the National Oceanic and Atmospheric Administration; and 
(E) in consultation with the Director of the Office of 
Management and Budget. 
(3) JUSTIFICATION.—The Secretary shall include with the 
recommendations under paragraph (1) the justification of the 
Secretary for each recommendation. 
(4) AVAILABILITY
OF
INFORMATION.—The Secretary shall 
make available to the Commission and to Congress the informa-
tion used by the Secretary to prepare the recommendations 
of the Secretary under paragraph (1). 
(e) COMMISSION HEARINGS
ON RECOMMENDATIONS
OF SEC-
RETARY.—After receiving from the Secretary the recommendations 
of the Secretary for modernization of the military compensation 
and retirement systems under subsection (d), the Commission shall 
conduct public hearings on the recommendations. 
(f) COMMISSION REPORT AND RECOMMENDATIONS.— 
(1) REPORT.—Not later than 15 months after the Commis-
sion establishment date, the Commission shall transmit to the 
President a report containing the findings and conclusions of 
the Commission, together with the recommendations of the 
Commission for the modernization of the military compensation
H. R. 4310—162 
and retirement systems. The Commission shall include in the 
report legislative language to implement the recommendations 
of the Commission. The findings and conclusions in the report 
shall be based on the review and analysis by the Commission 
of the recommendations made by the Secretary under sub-
section (d). 
(2) REQUIREMENT FOR APPROVAL.—The recommendations 
of the Commission must be approved by at least five members 
of the Commission before the recommendations may be trans-
mitted to the President under paragraph (1). 
(3) PROCEDURES FOR CHANGING RECOMMENDATIONS OF SEC-
RETARY.—The Commission may make a change described in 
paragraph (4) in the recommendations made by the Secretary 
only if the Commission— 
(A) determines that the change is consistent with the 
principles established by the President under subsection 
(c); 
(B) publishes a notice of the proposed change not less 
than 45 days before transmitting its recommendations to 
the President pursuant to paragraph (1); and 
(C) conducts a public hearing on the proposed change. 
(4) COVERED CHANGES.—Paragraph (3) applies to a change 
by the Commission in the recommendations of the Secretary 
that would— 
(A) add a new recommendation; 
(B) delete a recommendation; or 
(C) substantially change a recommendation. 
(5) EXPLANATION AND JUSTIFICATION FOR CHANGES.—The 
Commission shall explain and justify in its report submitted 
to the President under paragraph (1) any recommendation made 
by the Commission that is different from the recommendations 
made by the Secretary under subsection (d). 
(6) TRANSMITTAL
TO
CONGRESS.—The Commission shall 
transmit a copy of its report to Congress on the same date 
on which it transmits its report to the President under para-
graph (1). 
SEC. 675. CONSIDERATION OF COMMISSION RECOMMENDATIONS BY 
THE PRESIDENT. 
(a) REPORT OF PRESIDENTIAL APPROVAL OR DISAPPROVAL.—Not 
later than 60 days after the date on which the Commission trans-
mits its report to the President under section 674, the President 
shall transmit to the Commission and to Congress a report con-
taining the approval or disapproval by the President of the rec-
ommendations of the Commission in the report. 
(b) PRESIDENTIAL APPROVAL.—If in the report under subsection 
(a) the President approves all the recommendations of the Commis-
sion, the President shall include with the report the following: 
(1) A copy of the recommendations of the Commission. 
(2) The certification by the President of the approval of 
the President of each recommendation. 
(3) The legislative language transmitted by the Commission 
to the President as part of the report of the Commission. 
(c) PRESIDENTIAL DISAPPROVAL.— 
(1) REASONS FOR DISAPPROVAL.—If in the report under sub-
section (a) the President disapproves the recommendations of
H. R. 4310—163 
the Commission, in whole or in part, the President shall include 
in the report the reasons for that disapproval. 
(2) REVISED
RECOMMENDATIONS
FROM
COMMISSION.—Not 
later than one month after the date of the report of the Presi-
dent under subsection (a) disapproving the recommendations 
of the Commission, the Commission shall transmit to the Presi-
dent revised recommendations for the modernization of the 
military compensation and retirement systems, together with 
revised legislative language to implement the revised rec-
ommendations of the Commission. 
(3) ACTION ON REVISED RECOMMENDATIONS.—If the Presi-
dent approves all of the revised recommendations of the 
Commission transmitted pursuant to paragraph (2), the Presi-
dent shall transmit to Congress, not later than one month 
after receiving the revised recommendations, the following: 
(A) A copy of the revised recommendations. 
(B) The certification by the President of the approval 
of the President of each recommendation as so revised. 
(C) The revised legislative language transmitted to 
the President. 
(d) TERMINATION OF COMMISSION.—If the President does not 
transmit to Congress an approval and certification described in 
subsection (b) or (c)(3) in accordance with the applicable deadline 
under such subsection, the Commission shall be terminated not 
later than one month after the expiration of the period for trans-
mittal of a report under subsection (c)(3). 
SEC. 676. EXECUTIVE DIRECTOR. 
(a) APPOINTMENT.—The Commission shall appoint and fix the 
rate of basic pay for an Executive Director in accordance with 
section 3161 of title 5, United States Code. 
(b) LIMITATIONS.—The Executive Director may not have served 
on active duty in the Armed Forces or as a civilian employee 
of the Department of Defense during the one-year period preceding 
the date of such appointment and may not have been employed 
by a veterans service organization or a military-related advocacy 
group or association during that one-year period. 
SEC. 677. STAFF. 
(a) IN GENERAL.—Subject to subsections (b) and (c), the Execu-
tive Director, with the approval of the Commission, may appoint 
and fix the rate of basic pay for additional personnel as staff 
of the Commission in accordance with section 3161 of title 5, United 
States Code. 
(b) LIMITATIONS ON STAFF.— 
(1) NUMBER OF DETAILEES FROM EXECUTIVE DEPARTMENT.— 
Not more than one-third of the personnel employed by or 
detailed to the Commission may be on detail from the Depart-
ment of Defense and other executive branch departments. 
(2) PRIOR DUTIES WITHIN EXECUTIVE BRANCH.—A person 
may not be detailed from the Department of Defense or other 
executive branch department to the Commission if, in the year 
before the detail is to begin, that person participated personally 
and substantially in any matter concerning the preparation 
of recommendations for military compensation and retirement 
modernization. 
(3) NUMBER OF DETAILEES ELIGIBLE FOR MILITARY RETIRED 
PAY.—Not more than one-fourth of the personnel employed
H. R. 4310—164 
by or detailed to the Commission may be persons eligible for 
or receiving military retired pay. 
(4) PRIOR
EMPLOYMENT
WITH
CERTAIN
ORGANIZATIONS.— 
A person may not be employed by or detailed to the Commission 
if, in the year before the employment or detail is to begin, 
that person was employed by a veterans service organization 
or a military-related advocacy group or association. 
(c) LIMITATIONS ON PERFORMANCE REVIEWS.—No member of 
the uniformed services, and no officer or employee of the Depart-
ment of Defense or other executive branch department, may— 
(1) prepare any report concerning the effectiveness, fitness, 
or efficiency of the performance of the staff of the Commission 
or any person detailed to that staff; 
(2) review the preparation of such a report; or 
(3) approve or disapprove such a report. 
SEC. 678. JUDICIAL REVIEW PRECLUDED. 
The following shall not be subject to judicial review: 
(1) Actions of the President, the Secretary, and the Commis-
sion under section 674. 
(2) Actions of the President under section 675. 
SEC. 679. TERMINATION. 
Except as otherwise provided in this title, the Commission 
shall terminate not later than 26 months after the Commission 
establishment date. 
SEC. 680. FUNDING. 
Of the amounts authorized to be appropriated by this Act 
for the Department of Defense for fiscal year 2013, up to 
$10,000,000 shall be made available to the Commission to carry 
out its duties under this subtitle. Funds made available to the 
Commission under the preceding sentence shall remain available 
until expended. 
Subtitle I—Other Matters 
SEC. 681. EQUAL TREATMENT FOR MEMBERS OF COAST GUARD 
RESERVE CALLED TO ACTIVE DUTY UNDER TITLE 14, 
UNITED STATES CODE. 
(a) INCLUSION IN DEFINITION OF CONTINGENCY OPERATION.— 
Section 101(a)(13)(B) of title 10, United States Code, is amended 
by inserting ‘‘section 712 of title 14,’’ after ‘‘chapter 15 of this 
title,’’. 
(b) CREDIT OF SERVICE TOWARDS REDUCTION OF ELIGIBILITY 
AGE FOR RECEIPT OF RETIRED PAY FOR NON-REGULAR SERVICE.— 
Section 12731(f)(2)(B) of title 10, United States Code, is amended 
by adding at the end the following new clause: 
‘‘(iv) Service on active duty described in this subparagraph 
is also service on active duty pursuant to a call or order to active 
duty authorized by the Secretary of Homeland Security under sec-
tion 712 of title 14 for purposes of emergency augmentation of 
the Regular Coast Guard forces.’’. 
(c) POST 9/11 EDUCATIONAL ASSISTANCE.—Section 3301(1)(B) 
of title 38, United States Code, is amended by inserting ‘‘or section 
712 of title 14’’ after ‘‘title 10’’. 
(d) RETROACTIVE APPLICATION OF AMENDMENTS.—
H. R. 4310—165 
(1) INCLUSION OF PRIOR ORDERS.—The amendments made 
by this section shall apply to any call or order to active duty 
authorized under section 712 of title 14, United States Code, 
on or after December 31, 2011, by the Secretary of the executive 
department in which the Coast Guard is operating. 
(2) CREDIT FOR PRIOR SERVICE.—The amendments made 
by this section shall be deemed to have been enacted on 
December 31, 2011, for purposes of applying the amendments 
to the following provisions of law: 
(A) Section 5538 of title 5, United States Code, relating 
to nonreduction in pay. 
(B) Section 701 of title 10, United States Code, relating 
to the accumulation and retention of leave. 
(C) Section 12731 of title 10, United States Code, 
relating to age and service requirements for receipt of 
retired pay for non-regular service. 
SEC. 682. REPORT REGARDING DEPARTMENT OF VETERANS AFFAIRS 
CLAIMS PROCESS TRANSFORMATION PLAN. 
(a) REPORT REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Veterans Affairs 
shall submit to the Committees on Armed Forces and the Commit-
tees on Veterans’ Affairs of the Senate and House of Representatives 
a report on the plan of the Secretary of Veterans Affairs to reduce 
the backlog of claims for benefits under laws administered by the 
Secretary that are pending as of the date of the enactment of 
this Act and to more efficiently and fairly process claims for such 
benefits in the future. 
(b) CONTENTS OF REPORT.— The report required in under sub-
section (a) shall include each of the following: 
(1) A detailed explanation of the Veterans Benefits 
Administration Claims Transformation Plan, including— 
(A) a timeline and steps to completion with anticipated 
completion dates; 
(B) all benchmarks and indicia of success that the 
Secretary will use to measure the success or failure of 
each step in the Transformation Plan; and 
(C) the estimated costs, by fiscal year for each of the 
five fiscal years following the fiscal year during which 
the report is submitted, associated with the Transformation 
Plan, including training and personnel costs, as well as 
the increase or decrease in the number of personnel 
expected as part of the Transformation Plan. 
(2) A detailed explanation of the claims process that is 
expected to result after the completion of the Transformation 
Plan, from initial filing of claim to the award or denial of 
benefits, including any appellate steps in the process. 
(3) A detailed explanation of the roles and purposes of 
the Program Management Office, the Veterans Benefits 
Administration Transformation Governance Board, Trans-
formation Joint Executive Board, and Design Teams, including 
a list of personnel for each entity as well as current and 
projected costs over the subsequent five fiscal years to operate 
and staff each entity. 
(4) A detailed explanation of all steps taken thus far to 
involve non-Federal entities in the claims process, including
H. R. 4310—166 
the Texas Veterans Commission and other State or local agen-
cies relating to veterans’ affairs, veterans service organizations, 
and other not-for-profit entities. 
(5) A plan for the Secretary to partner with non-Federal 
entities to support efforts to reduce the backlog of claims for 
benefits under laws administered by the Secretary and to more 
efficiently and fairly process such claims in the future, including 
State and local agencies relating to veterans affairs, veterans 
service organizations, and such other relevant Government and 
non-Government entities as the Secretary considers appro-
priate. Such plan shall include— 
(A) a description of how the Secretary intends to lever-
age such partnerships with non-Federal entities to elimi-
nate the backlog by— 
(i) increasing the percentage of new claims that 
are fully developed prior to submittal to the Secretary 
and expediting the processing of such claims; and 
(ii) helping claimants gather and submit necessary 
evidence for claims that were previously filed but 
require further development; and 
(B) a description of how such partnerships with non- 
Federal entities will fit into the Transformation Plan. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—TRICARE and Other Health Care Benefits 
Sec. 701. Extension of TRICARE Standard coverage and TRICARE dental program 
for members of the Selected Reserve who are involuntarily separated. 
Sec. 702. Inclusion of certain over-the-counter drugs in TRICARE uniform for-
mulary. 
Sec. 703. Modification of requirements on mental health assessments for members 
of the Armed Forces deployed in connection with a contingency oper-
ation. 
Sec. 704. Use of Department of Defense funds for abortions in cases of rape and 
incest. 
Sec. 705. Pilot program on certain treatments of autism under the TRICARE pro-
gram. 
Sec. 706. Pilot program on enhancements of Department of Defense efforts on men-
tal health in the National Guard and Reserves through community part-
nerships. 
Sec. 707. Sense of Congress on health care for retired members of the uniformed 
services. 
Subtitle B—Health Care Administration 
Sec. 711. Authority for automatic enrollment in TRICARE Prime of dependents of 
members in pay grades above pay grade E–4. 
Sec. 712. Cost-sharing rates for the Pharmacy Benefits Program of the TRICARE 
program. 
Sec. 713. Clarification of applicability of certain authority and requirements to sub-
contractors employed to provide health care services to the Department 
of Defense. 
Sec. 714. Expansion of evaluation of the effectiveness of the TRICARE program. 
Sec. 715. Requirement to ensure the effectiveness and efficiency of health engage-
ments. 
Sec. 716. Pilot program for refills of maintenance medications for TRICARE for Life 
beneficiaries through the TRICARE mail-order pharmacy program. 
Subtitle C—Mental Health Care and Veterans Matters 
Sec. 723. Sharing between Department of Defense and Department of Veterans Af-
fairs of records and information retained under the medical tracking 
system for members of the Armed Forces deployed overseas. 
Sec. 724. Participation of members of the Armed Forces in peer support counseling 
programs of the Department of Veterans Affairs.
H. R. 4310—167 
Sec. 725. Research and medical practice on mental health conditions. 
Sec. 726. Transparency in mental health care services provided by the Department 
of Veterans Affairs. 
Sec. 727. Expansion of Vet Center Program to include furnishing counseling to cer-
tain members of the Armed Forces and their family members. 
Sec. 728. Organization of the Readjustment Counseling Service in the Department 
of Veterans Affairs. 
Sec. 729. Recruitment of mental health providers for furnishing mental health 
services on behalf of the Department of Veterans Affairs without com-
pensation from the Department. 
Sec. 730. Peer support. 
Subtitle D—Reports and Other Matters 
Sec. 731. Plan for reform of the administration of the military health system. 
Sec. 732. Future availability of TRICARE Prime throughout the United States. 
Sec. 733. Extension of Comptroller General report on contract health care staffing 
for military medical treatment facilities. 
Sec. 734. Extension of Comptroller General report on women-specific health serv-
ices and treatment for female members of the Armed Forces. 
Sec. 735. Study on health care and related support for children of members of the 
Armed Forces. 
Sec. 736. Report on strategy to transition to use of human-based methods for cer-
tain medical training. 
Sec. 737. Study on incidence of breast cancer among members of the Armed Forces 
serving on active duty. 
Sec. 738. Performance metrics and reports on Warriors in Transition programs of 
the military departments. 
Sec. 739. Plan to eliminate gaps and redundancies in programs of the Department 
of Defense on psychological health and traumatic brain injury. 
Subtitle A—TRICARE and Other Health 
Care Benefits 
SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE AND 
TRICARE DENTAL PROGRAM FOR MEMBERS OF THE 
SELECTED RESERVE WHO ARE INVOLUNTARILY SEPA-
RATED. 
(a) TRICARE STANDARD COVERAGE.—Section 1076d(b) of title 
10, United States Code, is amended— 
(1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) Except as 
provided in paragraph (2), eligibility’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) During the period beginning on the date of the enactment 
of this paragraph and ending December 31, 2018, eligibility for 
a member under this section who is involuntarily separated from 
the Selected Reserve under other than adverse conditions, as 
characterized by the Secretary concerned, shall terminate 180 days 
after the date on which the member is separated.’’. 
(b) TRICARE DENTAL COVERAGE.—Section 1076a(a)(1) of such 
title is amended by adding at the end the following new sentence: 
‘‘During the period beginning on the date of the enactment of 
this sentence and ending December 31, 2018, such plan shall pro-
vide that coverage for a member of the Selected Reserve who 
is involuntarily separated from the Selected Reserve under other 
than adverse conditions, as characterized by the Secretary con-
cerned, shall not terminate earlier than 180 days after the date 
on which the member is separated.’’. 
SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS IN 
TRICARE UNIFORM FORMULARY. 
(a) INCLUSION.—Subsection (a)(2) of section 1074g of title 10, 
United States Code, is amended—
H. R. 4310—168 
(1) in subparagraph (D), by striking ‘‘No pharmaceutical 
agent may be excluded’’ and inserting ‘‘Except as provided 
in subparagraph (F), no pharmaceutical agent may be 
excluded’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(F)(i) The Secretary may implement procedures to place 
selected over-the-counter drugs on the uniform formulary and to 
make such drugs available to eligible covered beneficiaries. An 
over-the-counter drug may be included on the uniform formulary 
only if the Pharmacy and Therapeutics Committee established 
under subsection (b) finds that the over-the-counter drug is cost 
effective and clinically effective. If the Pharmacy and Therapeutics 
Committee recommends an over-the-counter drug for inclusion on 
the uniform formulary, the drug shall be considered to be in the 
same therapeutic class of pharmaceutical agents, as determined 
by the Committee, as similar prescription drugs. 
‘‘(ii) Regulations prescribed by the Secretary to carry out clause 
(i) shall include the following with respect to over-the-counter drugs 
included on the uniform formulary: 
‘‘(I) A determination of the means and conditions under 
paragraphs (5) and (6) through which over-the-counter drugs 
will be available to eligible covered beneficiaries and the 
amount of cost sharing that such beneficiaries will be required 
to pay for over-the-counter drugs, if any, except that no such 
cost sharing may be required for a member of a uniformed 
service on active duty. 
‘‘(II) Any terms and conditions for the dispensing of over- 
the-counter drugs to eligible covered beneficiaries.’’. 
(b) DEFINITIONS.—Subsection (g) of such section is amended 
by adding at the end the following new paragraphs: 
‘‘(3) The term ‘over-the-counter drug’ means a drug that 
is not subject to section 503(b) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 353(b)). 
‘‘(4) The term ‘prescription drug’ means a drug that is 
subject to section 503(b) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 353(b)).’’. 
(c) TECHNICAL AMENDMENTS.— 
(1) CROSS-REFERENCE
AMENDMENT.—Subsection (b)(1) of 
such section is amended by striking ‘‘subsection (g)’’ and 
inserting ‘‘subsection (h)’’. 
(2) REPEAL OF OBSOLETE PROVISIONS.— 
(A) Subsection (a)(2)(D) of such section is amended 
by striking the last sentence. 
(B) Subsection (b)(2) of such section is amended by 
striking ‘‘Not later than’’ and all the follows through ‘‘such 
90-day period, the committee’’ and inserting ‘‘The com-
mittee’’. 
(C) Subsection (d)(2) of such section is amended— 
(i) by striking ‘‘Effective not later than April 5, 
2000, the Secretary’’ and inserting ‘‘The Secretary’’; 
and 
(ii) by striking ‘‘the current managed care support 
contracts’’ and inserting ‘‘the managed care support 
contracts current as of October 5, 1999,’’.
H. R. 4310—169 
SEC. 703. MODIFICATION OF REQUIREMENTS ON MENTAL HEALTH 
ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES 
DEPLOYED IN CONNECTION WITH A CONTINGENCY OPER-
ATION. 
Section 1074m(a)(1)(C)(i) of title 10, United States Code, is 
amended by striking ‘‘one year’’ and inserting ‘‘18 months’’. 
SEC. 704. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS 
IN CASES OF RAPE AND INCEST. 
Section 1093(a) of title 10, United States Code, is amended 
by inserting before the period at the end the following: ‘‘or in 
a case in which the pregnancy is the result of an act of rape 
or incest’’. 
SEC. 705. PILOT PROGRAM ON CERTAIN TREATMENTS OF AUTISM 
UNDER THE TRICARE PROGRAM. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense shall conduct 
a pilot program to provide for the treatment of autism spectrum 
disorders, including applied behavior analysis. 
(2) COMMENCEMENT.—The Secretary shall commence the 
pilot program under paragraph (1) by not later than 90 days 
after the date of the enactment of this Act. 
(b) DURATION.—The Secretary may not carry out the pilot pro-
gram under subsection (a)(1) for longer than a one-year period. 
(c) REPORT.—Not later than 270 days after the date on which 
the pilot program under subsection (a)(1) commences, the Secretary 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the pilot program. 
The report shall include the following: 
(1) An assessment of the feasibility and advisability of 
establishing a beneficiary cost share for the treatment of autism 
spectrum disorders. 
(2) A comparison of providing such treatment under— 
(A) the ECHO Program; and 
(B) the TRICARE program other than under the ECHO 
Program. 
(3) Any recommendations for changes in legislation. 
(4) Any additional information the Secretary considers 
appropriate. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘ECHO Program’’ means the Extended Care 
Health Option under subsections (d) through (f) of section 1079 
of title 10, United States Code. 
(2) The term ‘‘TRICARE program’’ has the meaning given 
that term in section 1072(7) of title 10, United States Code. 
SEC. 706. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF 
DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL 
GUARD AND RESERVES THROUGH COMMUNITY PARTNER-
SHIPS. 
(a) PROGRAM AUTHORITY.—The Secretary of Defense may carry 
out a pilot program to enhance the efforts of the Department 
of Defense in research, treatment, education, and outreach on 
mental health and substance use disorders and traumatic brain 
injury in members of the National Guard and Reserves, their family 
members, and their caregivers through community partners.
H. R. 4310—170 
(b) AGREEMENTS WITH COMMUNITY PARTNERS.—In carrying out 
the pilot program authorized by subsection (a), the Secretary may 
enter into partnership agreements with community partners 
described in subsection (c) using a competitive and merit-based 
award process. 
(c) COMMUNITY PARTNER DESCRIBED.—A community partner 
described in this subsection is a private non-profit organization 
or institution that meets such qualifications as the Secretary shall 
establish for purposes of the pilot program and engages in one 
or more of the following: 
(1) Research on the causes, development, and innovative 
treatment of mental health and substance use disorders and 
traumatic brain injury in members of the National Guard and 
Reserves, their family members, and their caregivers. 
(2) Identifying and disseminating evidence-based treat-
ments of mental health and substance use disorders and trau-
matic brain injury described in paragraph (1). 
(3) Outreach and education to such members, their families 
and caregivers, and the public about mental health and sub-
stance use disorders and traumatic brain injury described in 
paragraph (1). 
(d) DURATION.—The duration of the pilot program may not 
exceed three years. 
(e) REPORT.—Not later than 180 days before the completion 
of the pilot program, the Secretary of Defense shall submit to 
the Secretary of Veterans Affairs and the congressional defense 
committees a report on the results of the pilot program, including 
the number of members of the National Guard and Reserves pro-
vided treatment or services by community partners, and a descrip-
tion and assessment of the effectiveness and achievements of the 
pilot program with respect to research, treatment, education, and 
outreach on mental health and substance use disorders and trau-
matic brain injury. 
SEC. 707. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED MEM-
BERS OF THE UNIFORMED SERVICES. 
It is the sense of Congress that— 
(1) members of the uniformed services and their families 
endure unique and extraordinary demands and make extraor-
dinary sacrifices over the course of 20 to 30 years of service 
in protecting freedom for all Americans, as do those who have 
been medically retired due to the hardships of military service; 
and 
(2) access to quality health care services is an earned 
benefit during retirement in acknowledgment of their contribu-
tions of service and sacrifice. 
Subtitle B—Health Care Administration 
SEC. 711. AUTHORITY FOR AUTOMATIC ENROLLMENT IN TRICARE 
PRIME OF DEPENDENTS OF MEMBERS IN PAY GRADES 
ABOVE PAY GRADE E–4. 
Subsection (a) of section 1097a of title 10, United States Code, 
is amended to read as follows: 
‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPENDENTS.—(1) 
In the case of a dependent of a member of the uniformed services
H. R. 4310—171 
who is entitled to medical and dental care under section 
1076(a)(2)(A) of this title and resides in a catchment area in which 
TRICARE Prime is offered, the Secretary— 
‘‘(A) shall automatically enroll the dependent in TRICARE 
Prime if the member is in pay grade E–4 or below; and 
‘‘(B) may automatically enroll the dependent in TRICARE 
Prime if the member is in pay grade E–5 or higher. 
‘‘(2) Whenever a dependent of a member is enrolled in TRICARE 
Prime under paragraph (1), the Secretary concerned shall provide 
written notice of the enrollment to the member. 
‘‘(3) The enrollment of a dependent of the member may be 
terminated by the member or the dependent at any time.’’. 
SEC. 712. COST-SHARING RATES FOR THE PHARMACY BENEFITS PRO-
GRAM OF THE TRICARE PROGRAM. 
(a) IN GENERAL.—Section 1074g(a)(6) of title 10, United States 
Code, is amended— 
(1) by striking subparagraph (A) and inserting the following 
new subparagraph (A): 
‘‘(A) The Secretary, in the regulations prescribed under sub-
section (h), shall establish cost-sharing requirements under the 
pharmacy benefits program. In accordance with subparagraph (C), 
such cost-sharing requirements shall consist of the following: 
‘‘(i) With respect to each supply of a prescription covering 
not more than 30 days that is obtained by a covered beneficiary 
under the TRICARE retail pharmacy program— 
‘‘(I) in the case of generic agents, $5; 
‘‘(II) in the case of formulary agents, $17; and 
‘‘(III) in the case of nonformulary agents, $44. 
‘‘(ii) With respect to each supply of a prescription covering 
not more than 90 days that is obtained by a covered beneficiary 
under the national mail-order pharmacy program— 
‘‘(I) in the case of generic agents, $0; 
‘‘(II) in the case of formulary agents, $13; and 
‘‘(III) in the case of nonformulary agents, $43.’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(C)(i) Beginning October 1, 2013, the amount of any increase 
in a cost-sharing amount specified in subparagraph (A) in a year 
may not exceed the amount equal to the percentage of such cost- 
sharing amount at the time of such increase equal to the percentage 
by which retired pay is increased under section 1401a of this 
title in that year. 
‘‘(ii) If the amount of the increase otherwise provided for a 
year by clause (i) is less than $1, the increase shall not be made 
for such year, but shall be carried over to, and accumulated with, 
the amount of the increase for the subsequent year or years and 
made when the aggregate amount of increases carried over under 
this clause for a year is $1 or more. 
‘‘(iii) The provisions of this subparagraph shall not apply to 
any increase in cost-sharing amounts described in clause (i) that 
is made by the Secretary of Defense on or after October 1, 2022. 
The Secretary may increase copayments, as considered appropriate 
by the Secretary, beginning on October 1, 2022.’’. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The cost-sharing requirements under 
subparagraph (A) of section 1074g(a)(6) of title 10, United 
States Code, as amended by subsection (a)(1), shall apply with
H. R. 4310—172 
respect to prescriptions obtained under the TRICARE pharmacy 
benefits program on or after such date as the Secretary of 
Defense shall specify, but not later than the date that is 45 
days after the date of the enactment of this Act. 
(2) FEDERAL REGISTER.—The Secretary shall publish notice 
of the effective date of the cost-sharing requirements specified 
under paragraph (1) in the Federal Register. 
SEC. 713. CLARIFICATION OF APPLICABILITY OF CERTAIN AUTHORITY 
AND REQUIREMENTS TO SUBCONTRACTORS EMPLOYED 
TO PROVIDE HEALTH CARE SERVICES TO THE DEPART-
MENT OF DEFENSE. 
(a) APPLICABILITY
OF FEDERAL TORT CLAIMS ACT
TO SUB-
CONTRACTORS.—Section 1089(a) of title 10, United States Code, 
is amended in the last sentence— 
(1) by striking ‘‘if the physician, dentist, nurse, pharmacist, 
or paramedical’’ and inserting ‘‘to such a physician, dentist, 
nurse, pharmacist, or paramedical’’; 
(2) by striking ‘‘involved is’’; and 
(3) by inserting before the period at the end the following: 
‘‘or a subcontract at any tier under such a contract that is 
authorized in accordance with the requirements of such section 
1091’’. 
(b) APPLICABILITY
OF
PERSONAL
SERVICES
CONTRACTING 
AUTHORITY TO SUBCONTRACTORS.—Section 1091(c) of such title is 
amended by adding at the end the following new paragraph: 
‘‘(3) The procedures established under paragraph (1) may pro-
vide for a contracting officer to authorize a contractor to enter 
into a subcontract for personal services on behalf of the agency 
upon a determination that the subcontract is— 
‘‘(A) consistent with the requirements of this section and 
the procedures established under paragraph (1); and 
‘‘(B) in the best interests of the agency.’’. 
SEC. 714. EXPANSION OF EVALUATION OF THE EFFECTIVENESS OF 
THE TRICARE PROGRAM. 
Section 717(a)(1) of the National Defense Authorization Act 
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 376; 10 U.S.C. 
1073 note) is amended by striking ‘‘military retirees’’ and inserting 
‘‘members of the Armed Forces (whether in the regular or reserve 
components) and their dependents, military retirees and their 
dependents, and dependents of members on active duty with severe 
disabilities and chronic health care needs’’. 
SEC. 715. REQUIREMENT TO ENSURE THE EFFECTIVENESS AND EFFI-
CIENCY OF HEALTH ENGAGEMENTS. 
(a) IN GENERAL.—The Secretary of Defense, in coordination 
with the Under Secretary of Defense for Policy and the Assistant 
Secretary of Defense for Health Affairs, shall develop a process 
to ensure that health engagements conducted by the Department 
of Defense are effective and efficient in meeting the national secu-
rity goals of the United States. 
(b) PROCESS GOALS.—The Assistant Secretary of Defense for 
Health Affairs shall ensure that each process developed under sub-
section (a)— 
(1) assesses the operational mission capabilities of the 
health engagement;
H. R. 4310—173 
(2) uses the collective expertise of the Federal Government 
and non-governmental organizations to ensure collaboration 
and partnering activities; and 
(3) assesses the stability and resiliency of the host nation 
of such engagement. 
(c) ASSESSMENT TOOL.—The Assistant Secretary of Defense for 
Health Affairs may establish a measure of effectiveness learning 
tool to assess the process developed under subsection (a) to ensure 
the applicability of the process to health engagements conducted 
by the Department of Defense. 
(d) HEALTH ENGAGEMENT DEFINED.—In this section, the term 
‘‘health engagement’’ means a health stability operation conducted 
by the Department of Defense outside the United States in coordina-
tion with a foreign government or international organization to 
establish, reconstitute, or maintain the health sector of a foreign 
country. 
SEC. 716. PILOT PROGRAM FOR REFILLS OF MAINTENANCE MEDICA-
TIONS FOR TRICARE FOR LIFE BENEFICIARIES THROUGH 
THE TRICARE MAIL-ORDER PHARMACY PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall conduct a 
pilot program to refill prescription maintenance medications for 
each TRICARE for Life beneficiary through the national mail-order 
pharmacy program under section 1074g(a)(2)(E)(iii) of title 10, 
United States Code. 
(b) MEDICATIONS COVERED.— 
(1) DETERMINATION.—The Secretary shall determine the 
prescription maintenance medications included in the pilot pro-
gram under subsection (a). 
(2) SUPPLY.—In carrying out the pilot program under sub-
section (a), the Secretary shall ensure that the medications 
included in the program are generally available to a TRICARE 
for Life beneficiary— 
(A) for an initial filling of a 30-day or less supply 
through— 
(i) retail pharmacies under clause (ii) of section 
1074g(a)(2)(E) of title 10, United States Code; and 
(ii) facilities of the uniformed services under clause 
(i) of such section; and 
(B) for a refill of such medications through— 
(i) the national mail-order pharmacy program; and 
(ii) such facilities of the uniformed services. 
(3) EXEMPTION.— The Secretary may exempt the following 
prescription maintenance medications from the requirements 
in paragraph (2): 
(A) Such medications that are for acute care needs. 
(B) Such other medications as the Secretary determines 
appropriate. 
(c) NONPARTICIPATION.— 
(1) OPT OUT.—The Secretary shall give TRICARE for Life 
beneficiaries who have been covered by the pilot program under 
subsection (a) for a period of one year an opportunity to opt 
out of continuing to participate in the program. 
(2) WAIVER.—The Secretary may waive the requirement 
of a TRICARE for Life beneficiary to participate in the pilot 
program under subsection (a) if the Secretary determines, on 
an individual basis, that such waiver is appropriate.
H. R. 4310—174 
(d) REGULATIONS.—The Secretary shall prescribe regulations 
to carry out the pilot program under subsection (a), including regu-
lations with respect to— 
(1) the prescription maintenance medications included in 
the pilot program pursuant to subsection (b)(1); and 
(2) addressing instances where a TRICARE for Life bene-
ficiary covered by the pilot program attempts to refill such 
medications at a retail pharmacy rather than through the 
national mail-order pharmacy program or a facility of the uni-
formed services. 
(e) REPORTS.—Not later than March 31 of each year beginning 
in 2014 and ending in 2018, the Secretary shall submit to the 
congressional defense committees a report on the pilot program 
under subsection (a), including the effects of offering incentives 
for the use of mail order pharmacies by TRICARE beneficiaries 
and the effect on retail pharmacies. 
(f) SUNSET.—The Secretary may not carry out the pilot program 
under subsection (a) after December 31, 2017. 
(g) TRICARE FOR LIFE BENEFICIARY DEFINED.—In this section, 
the term ‘‘TRICARE for Life beneficiary’’ means a TRICARE bene-
ficiary enrolled in the Medicare wraparound coverage option of 
the TRICARE program made available to the beneficiary by reason 
of section 1086(d) of title 10, United States Code. 
Subtitle C—Mental Health Care and 
Veterans Matters 
SEC. 723. SHARING BETWEEN DEPARTMENT OF DEFENSE AND DEPART-
MENT OF VETERANS AFFAIRS OF RECORDS AND INFORMA-
TION RETAINED UNDER THE MEDICAL TRACKING SYSTEM 
FOR MEMBERS OF THE ARMED FORCES DEPLOYED OVER-
SEAS. 
(a) IN GENERAL.—The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly enter into a memorandum of under-
standing providing for the sharing by the Department of Defense 
with the Department of Veterans Affairs of the results of examina-
tions and other records on members of the Armed Forces that 
are retained and maintained with respect to the medical tracking 
system for members deployed overseas under section 1074f(c) of 
title 10, United States Code. 
(b) CESSATION UPON IMPLEMENTATION OF ELECTRONIC HEALTH 
RECORD.—The sharing required pursuant to subsection (a) shall 
cease on the date on which the Secretary of Defense and the 
Secretary of Veterans Affairs jointly certify to Congress that the 
Secretaries have fully implemented an integrated electronic health 
record for members of the Armed Forces that is fully interoperable 
between the Department of Defense and the Department of Vet-
erans Affairs. 
SEC. 724. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN 
PEER SUPPORT COUNSELING PROGRAMS OF THE DEPART-
MENT OF VETERANS AFFAIRS. 
(a) PARTICIPATION.— 
(1) IN GENERAL.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly enter into a memo-
randum of understanding providing for members of the Armed
H. R. 4310—175 
Forces described in subsection (b) to volunteer or be considered 
for employment as peer counselors under the following: 
(A) The peer support counseling program carried out 
by the Secretary of Veterans Affairs under subsection (j) 
of section 1720F of title 38, United States Code, as part 
of the comprehensive program for suicide prevention among 
veterans under subsection (a) of such section. 
(B) The peer support counseling program carried out 
by the Secretary of Veterans Affairs under section 304(a)(1) 
of the Caregivers and Veterans Omnibus Health Services 
Act of 2010 (Public Law 111–163; 124 Stat. 1150; 38 U.S.C. 
1712A note). 
(2) TRAINING.—Any member participating in a peer support 
counseling program under paragraph (1) shall receive the 
training for peer counselors under section 1720F(j)(2) of title 
38, United States Code, or section 304(c) of the Caregivers 
and Veterans Omnibus Health Services Act of 2010, as 
applicable, before performing peer support counseling duties 
under such program. 
(b) COVERED
MEMBERS.—Members of the Armed Forces 
described in this subsection are the following: 
(1) Members of the reserve components of the Armed Forces 
who are demobilizing after deployment in a theater of combat 
operations, including, in particular, members who participated 
in combat against the enemy while so deployed. 
(2) Members of the regular components of the Armed Forces 
separating from active duty who have been deployed in a the-
ater of combat operations in which such members participated 
in combat against the enemy. 
SEC. 725. RESEARCH AND MEDICAL PRACTICE ON MENTAL HEALTH 
CONDITIONS. 
(a) RESEARCH AND PRACTICE.—The Secretary of Defense shall 
provide for the translation of research on the diagnosis and treat-
ment of mental health conditions into policy on medical practices. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the House of Representatives and the Senate 
a report on the translation of research into policy as described 
in subsection (a). The report shall include the following: 
(1) A summary of the efforts of the Department of Defense 
to carry out such translation. 
(2) A description of any policy established pursuant to 
subsection (a). 
(3) Additional legislative or administrative actions the Sec-
retary considers appropriate with respect to such translation. 
SEC. 726. TRANSPARENCY IN MENTAL HEALTH CARE SERVICES PRO-
VIDED BY THE DEPARTMENT OF VETERANS AFFAIRS. 
(a) MEASUREMENT OF MENTAL HEALTH CARE SERVICES.— 
(1) IN GENERAL.—Not later than December 31, 2013, the 
Secretary of Veterans Affairs shall develop and implement a 
comprehensive set of measures to assess mental health care 
services furnished by the Department of Veterans Affairs. 
(2) ELEMENTS.—The measures developed and implemented 
under paragraph (1) shall provide an accurate and comprehen-
sive assessment of the following:
H. R. 4310—176 
(A) The timeliness of the furnishing of mental health 
care by the Department. 
(B) The satisfaction of patients who receive mental 
health care services furnished by the Department. 
(C) The capacity of the Department to furnish mental 
health care. 
(D) The availability and furnishing of evidence-based 
therapies by the Department. 
(b) GUIDELINES FOR STAFFING MENTAL HEALTH CARE SERV-
ICES.—Not later than December 31, 2013, the Secretary shall 
develop and implement guidelines for the staffing of general and 
specialty mental health care services, including at community-based 
outpatient clinics. Such guidelines shall include productivity stand-
ards for providers of mental health care. 
(c) STUDY COMMITTEE.— 
(1) IN GENERAL.—The Secretary shall seek to enter into 
a contract with the National Academy of Sciences to create 
a study committee— 
(A) to consult with the Secretary on the Secretary’s 
development and implementation of the measures and 
guidelines required by subsections (a) and (b); and 
(B) to conduct an assessment and provide an analysis 
and recommendations on the state of Department mental 
health services. 
(2) FUNCTIONS.—In entering into the contract described 
in paragraph (1), the Secretary shall, with respect to paragraph 
(1)(B), include in such contract a provision for the study com-
mittee— 
(A) to conduct a comprehensive assessment of barriers 
to access to mental health care by veterans who served 
in the Armed Forces in Operation Enduring Freedom, Oper-
ation Iraqi Freedom, or Operation New Dawn; 
(B) to assess the quality of the mental health care 
being provided to such veterans (including the extent to 
which veterans are afforded choices with respect to modes 
of treatment) through site visits to facilities of the Veterans 
Health Administration (including at least one site visit 
in each Veterans Integrated Service Network), evaluating 
studies of patient outcomes, and other appropriate means; 
(C) to assess whether, and the extent to which, vet-
erans who served in the Armed Forces in Operation 
Enduring Freedom, Operation Iraqi Freedom, or Operation 
New Dawn are being offered a full range of necessary 
mental health services at Department health care facilities, 
including 
early 
intervention 
services 
for 
hazardous 
drinking, relationship problems, and other behaviors that 
create a risk for the development of a chronic mental 
health condition; 
(D) to conduct surveys or have access to Department- 
administered surveys of— 
(i) providers of Department mental health services; 
(ii) veterans who served in the Armed Forces in 
Operation 
Enduring 
Freedom, 
Operation 
Iraqi 
Freedom, or Operation New Dawn who are receiving 
mental health care furnished by the Department; and 
(iii) eligible veterans who served in the Armed 
Forces in Operation Enduring Freedom, Operation
H. R. 4310—177 
Iraqi Freedom, or Operation New Dawn who are not 
using Department health care services to assess those 
barriers described in subparagraph (A); and 
(E) to provide to the Secretary, on the basis of its 
assessments as delineated in subparagraphs (A) through 
(C), specific, detailed recommendations— 
(i) for overcoming barriers, and improving access, 
to timely, effective mental health care at Department 
health care facilities (or, where Department facilities 
cannot provide such care, through contract arrange-
ments under existing law); and 
(ii) to improve the effectiveness and efficiency of 
mental health services furnished by the Secretary. 
(3) PARTICIPATION BY FORMER OFFICIALS AND EMPLOYEES 
OF
VETERANS
HEALTH
ADMINISTRATION.—The Secretary shall 
ensure that any contract entered into under paragraph (1) 
provides for inclusion on any subcommittee which participates 
in conducting the assessments and formulating the rec-
ommendations provided for in paragraph (2) at least one former 
official of the Veterans Health Administration and at least 
two former employees of the Veterans Health Administration 
who were providers of mental health care. 
(4) PERIODIC REPORTS TO SECRETARY.—In entering into the 
contract described in paragraph (1), the Secretary shall, with 
respect to paragraph (1)(A), include in such contract a provision 
for the submittal to the Secretary of periodic reports and provi-
sion of other consultation to the Secretary by the study com-
mittee to assist the Secretary in carrying out subsections (a) 
and (b). 
(5) REPORTS TO CONGRESS.—Not later than 30 days after 
receiving a report under paragraph (4), the Secretary shall 
submit to the Committee on Veterans’ Affairs of the Senate 
and the Committee on Veterans’ Affairs of the House of Rep-
resentatives a report on the plans of the Secretary to implement 
such recommendations submitted to the Secretary by the study 
committee as the Secretary considers appropriate. Such report 
shall include a description of each recommendation submitted 
to the Secretary that the Secretary does not plan to carry 
out and an explanation of why the Secretary does not plan 
to carry out such recommendation. 
(d) PUBLICATION.— 
(1) IN GENERAL.—The Secretary shall make available to 
the public on an Internet website of the Department the fol-
lowing: 
(A) The measures and guidelines developed and imple-
mented under this section. 
(B) An assessment of the performance of the Depart-
ment using such measures and guidelines. 
(2) QUARTERLY UPDATES.—The Secretary shall update the 
measures, guidelines, and assessment made available to the 
public under paragraph (1) not less frequently than quarterly. 
(e) SEMIANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than June 30, 2013, and not 
less frequently than twice each year thereafter, the Secretary 
shall submit to the committees of Congress specified in sub-
section (c)(5) a report on the Secretary’s progress in developing
H. R. 4310—178 
and implementing the measures and guidelines required by 
this section. 
(2) ELEMENTS.—Each report submitted under paragraph 
(1) shall include the following: 
(A) A description of the development and implementa-
tion of the measures required by subsection (a) and the 
guidelines required by subsection (b). 
(B) A description of the progress made by the Secretary 
in developing and implementing such measures and guide-
lines. 
(C) An assessment of the mental health care services 
furnished by the Department, using the measures devel-
oped and implemented under subsection (a). 
(D) An assessment of the effectiveness of the guidelines 
developed and implemented under subsection (b). 
(E) Such recommendations for legislative or adminis-
trative action as the Secretary may have to improve the 
effectiveness and efficiency of the mental health care serv-
ices furnished under laws administered by the Secretary. 
(f) IMPLEMENTATION REPORT.— 
(1) IN GENERAL.—Not later than 30 days before the date 
on which the Secretary begins implementing the measures and 
guidelines required by this section, the Secretary shall submit 
to the committees of Congress specified in subsection (c)(5) 
a report on the Secretary’s planned implementation of such 
measures and guidelines. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A detailed description of the measures and guide-
lines that the Secretary plans to implement under this 
section. 
(B) A description of the rationale for each measure 
and guideline the Secretary plans to implement under this 
section. 
(C) A discussion of each measure and guideline that 
the Secretary considered under this section but chose not 
to implement. 
(D) The number of current vacancies in mental health 
care provider positions in the Department. 
(E) An assessment of how many additional positions 
are needed to meet current or expected demand for mental 
health services furnished by the Department. 
SEC. 727. EXPANSION OF VET CENTER PROGRAM TO INCLUDE FUR-
NISHING COUNSELING TO CERTAIN MEMBERS OF THE 
ARMED FORCES AND THEIR FAMILY MEMBERS. 
Section 1712A of title 38, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘Upon the 
request’’ and all that follows through the period at 
the end and inserting ‘‘Upon the request of any indi-
vidual referred to in subparagraph (C), the Secretary 
shall furnish counseling, including by furnishing coun-
seling through a Vet Center, to the individual—
H. R. 4310—179 
‘‘(i) in the case of an individual referred to in clauses 
(i) through (iv) of subparagraph (C), to assist the individual 
in readjusting to civilian life; and 
‘‘(ii) in the case of an individual referred to in clause 
(v) of such subparagraph who is a family member of a veteran 
or member described in such clause— 
‘‘(I) in the case of a member who is deployed in a 
theater of combat operations or an area at a time during 
which hostilities are occurring in that area, during such 
deployment to assist such individual in coping with such 
deployment; and 
‘‘(II) in the case of a veteran or member who is read-
justing to civilian life, to the degree that counseling fur-
nished to such individual is found to aid in the readjust-
ment of such veteran or member to civilian life.’’; and 
(ii) by striking subparagraph (B) and inserting 
the following new subparagraphs: 
‘‘(B) Counseling furnished to an individual under subparagraph 
(A) may include a comprehensive individual assessment of the 
individual’s psychological, social, and other characteristics to 
ascertain whether— 
‘‘(i) in the case of an individual referred to in clauses 
(i) through (iv) of subparagraph (C), such individual has difficul-
ties associated with readjusting to civilian life; and 
‘‘(ii) in the case of an individual referred to in clause 
(v) of such subparagraph, such individual has difficulties associ-
ated with— 
‘‘(I) coping with the deployment of a member described 
in subclause (I) of such clause; or 
‘‘(II) readjustment to civilian life of a veteran or 
member described in subclause (II) of such clause. 
‘‘(C) Subparagraph (A) applies to the following individuals: 
‘‘(i) Any individual who is a veteran or member of the 
Armed Forces, including a member of a reserve component 
of the Armed Forces, who served on active duty in a theater 
of combat operations or an area at a time during which hos-
tilities occurred in that area. 
‘‘(ii) Any individual who is a veteran or member of the 
Armed Forces, including a member of a reserve component 
of the Armed Forces, who provided direct emergency medical 
or mental health care, or mortuary services to the causalities 
of combat operations or hostilities, but who at the time was 
located outside the theater of combat operations or area of 
hostilities. 
‘‘(iii) Any individual who is a veteran or member of the 
Armed Forces, including a member of a reserve component 
of the Armed Forces, who engaged in combat with an enemy 
of the United States or against an opposing military force 
in a theater of combat operations or an area at a time during 
which hostilities occurred in that area by remotely controlling 
an unmanned aerial vehicle, notwithstanding whether the phys-
ical location of such veteran or member during such combat 
was within such theater of combat operations or area. 
‘‘(iv) Any individual who received counseling under this 
section before the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2013. 
‘‘(v) Any individual who is a family member of any—
H. R. 4310—180 
‘‘(I) member of the Armed Forces, including a member 
of a reserve component of the Armed Forces, who is serving 
on active duty in a theater of combat operations or in 
an area at a time during which hostilities are occurring 
in that area; or 
‘‘(II) veteran or member of the Armed Forces described 
in this subparagraph.’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as paragraph (2); 
and 
(D) in paragraph (2), as redesignated by subparagraph 
(C)— 
(i) by striking ‘‘a veteran described in paragraph 
(1)(B)(iii)’’ and inserting ‘‘an individual described in 
paragraph (1)(C)’’; and 
(ii) by striking ‘‘the veteran a preliminary general 
mental health assessment’’ and inserting ‘‘the indi-
vidual a comprehensive individual assessment as 
described in paragraph (1)(B)’’; 
(2) in subsection (b)(1), by striking ‘‘physician or psycholo-
gist’’ each place it appears and inserting ‘‘licensed or certified 
mental health care provider’’; 
(3) in subsection (g)— 
(A) by amending paragraph (1) to read as follows: 
‘‘(1) The term ‘Vet Center’ means a facility which is oper-
ated by the Department for the provision of services under 
this section and which is situated apart from Department gen-
eral health care facilities.’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(3) The term ‘family member’, with respect to a veteran 
or member of the Armed Forces, means an individual who— 
‘‘(A) is a member of the family of the veteran or 
member, including— 
‘‘(i) a parent; 
‘‘(ii) a spouse; 
‘‘(iii) a child; 
‘‘(iv) a step-family member; and 
‘‘(v) an extended family member; or 
‘‘(B) lives with the veteran or member but is not a 
member of the family of the veteran or member.’’; and 
(4) by redesignating subsection (g), as amended by para-
graph (3), as subsection (h) and inserting after subsection (f) 
the following new subsection (g): 
‘‘(g) In carrying out this section and in furtherance of the 
Secretary’s responsibility to carry out outreach activities under 
chapter 63 of this title, the Secretary may provide for and facilitate 
the participation of personnel employed by the Secretary to provide 
services under this section in recreational programs that are— 
‘‘(1) designed to encourage the readjustment of veterans 
described in subsection (a)(1)(C); and 
‘‘(2) operated by any organization named in or approved 
under section 5902 of this title.’’.
H. R. 4310—181 
SEC. 728. ORGANIZATION OF THE READJUSTMENT COUNSELING 
SERVICE IN THE DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Subchapter I of chapter 73 of title 38, United 
States Code, is amended by adding at the end the following new 
section: 
‘‘§ 7309. Readjustment Counseling Service 
‘‘(a) IN GENERAL.—There is in the Veterans Health Administra-
tion a Readjustment Counseling Service. The Readjustment Coun-
seling Service shall provide readjustment counseling and associated 
services to individuals in accordance with section 1712A of this 
title. 
‘‘(b) CHIEF OFFICER.—(1) The head of the Readjustment Coun-
seling Service shall be the Chief Officer of the Readjustment Coun-
seling Service (in this section referred to as the ‘Chief Officer’), 
who shall report directly to the Under Secretary for Health. 
‘‘(2) The Chief Officer shall be appointed by the Under Secretary 
for Health from among individuals who— 
‘‘(A)(i) are psychologists who hold a diploma as a doctorate 
in clinical or counseling psychology from an authority approved 
by the American Psychological Association and who have 
successfully undergone an internship approved by that associa-
tion; 
‘‘(ii) are holders of a master in social work degree; or 
‘‘(iii) hold such other advanced degrees related to mental 
health as the Secretary considers appropriate; 
‘‘(B) have at least three years of experience providing direct 
counseling services or outreach services in the Readjustment 
Counseling Service; 
‘‘(C) have at least three years of experience administrating 
direct counseling services or outreach services in the Readjust-
ment Counseling Service; 
‘‘(D) meet the quality standards and requirements of the 
Department; and 
‘‘(E) are veterans who served in combat as members of 
the Armed Forces. 
‘‘(c) STRUCTURE.—(1) The Readjustment Counseling Service is 
a distinct organizational element within Veterans Health Adminis-
tration. 
‘‘(2) The Readjustment Counseling Service shall provide coun-
seling and services as described in subsection (a). 
‘‘(3) The Chief Officer shall have direct authority over all 
Readjustment Counseling Service staff and assets, including Vet 
Centers. 
‘‘(d) SOURCE OF FUNDS.—(1) Amounts for the activities of the 
Readjustment Counseling Service, including the operations of its 
Vet Centers, shall be derived from amounts appropriated for the 
Veterans Health Administration for medical care. 
‘‘(2) Amounts for activities of the Readjustment Counseling 
Service, including the operations of its Vet Centers, shall not be 
allocated through the Veterans Equitable Resource Allocation 
system. 
‘‘(3) In each budget request submitted for the Department of 
Veterans Affairs by the President to Congress under section 1105 
of title 31, the budget request for the Readjustment Counseling 
Service shall be listed separately.
H. R. 4310—182 
‘‘(e) ANNUAL REPORT.—(1) Not later than March 15 of each 
year, the Secretary shall submit to the Committee on Veterans’ 
Affairs of the Senate and the Committee on Veterans’ Affairs of 
the House of Representatives a report on the activities of the 
Readjustment Counseling Service during the preceding calendar 
year. 
‘‘(2) Each report submitted under paragraph (1) shall include, 
with respect to the period covered by the report, the following: 
‘‘(A) A summary of the activities of the Readjustment Coun-
seling Service, including Vet Centers. 
‘‘(B) A description of the workload and additional treatment 
capacity of the Vet Centers, including, for each Vet Center, 
the ratio of the number of full-time equivalent employees at 
such Vet Center and the number of individuals who received 
services or assistance at such Vet Center. 
‘‘(C) A detailed analysis of demand for and unmet need 
for readjustment counseling services and the Secretary’s plan 
for meeting such unmet need. 
‘‘(f) VET CENTER DEFINED.—In this section, the term ‘Vet 
Center’ has the meaning given the term in section 1712A(h)(1) 
of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 73 of such title is amended by inserting after 
the item relating to section 7308 the following new item: 
‘‘7309. Readjustment Counseling Service.’’. 
(c) CONFORMING AMENDMENTS.—Section 7305 of such title is 
amended— 
(1) by redesignating paragraph (7) as paragraph (8); and 
(2) by inserting after paragraph (6) the following new para-
graph (7): 
‘‘(7) A Readjustment Counseling Service.’’. 
SEC. 729. RECRUITMENT OF MENTAL HEALTH PROVIDERS FOR FUR-
NISHING MENTAL HEALTH SERVICES ON BEHALF OF THE 
DEPARTMENT OF VETERANS AFFAIRS WITHOUT COM-
PENSATION FROM THE DEPARTMENT. 
(a) IN GENERAL.—The Secretary of Veterans Affairs shall carry 
out a national program of outreach to societies, community organiza-
tions, nonprofit organizations, and government entities in order 
to recruit mental health providers who meet the quality standards 
and requirements of the Department of Veterans Affairs to provide 
mental health services for the Department on a part-time, without- 
compensation basis, under section 7405 of title 38, United States 
Code. 
(b) PARTNERING WITH AND DEVELOPING COMMUNITY ENTITIES 
AND NONPROFIT ORGANIZATIONS.—In carrying out the program 
required by subsection (a), the Secretary may partner with a 
community entity or nonprofit organization or assist in the develop-
ment of a community entity or nonprofit organization, including 
by entering into an agreement under section 8153 of title 38, 
United States Code, that provides strategic coordination of the 
societies, organizations, and government entities described in sub-
section (a) in order to maximize the availability and efficient 
delivery of mental health services to veterans by such societies, 
organizations, and government entities.
H. R. 4310—183 
(c) MILITARY CULTURE TRAINING.—In carrying out the program 
required by subsection (a), the Secretary shall provide training 
to mental health providers to ensure that clinicians who provide 
mental health services as described in such subsection have suffi-
cient understanding of military-specific and service-specific culture, 
combat experience, and other factors that are unique to the experi-
ence of veterans who served in Operation Enduring Freedom, Oper-
ating Iraqi Freedom, or Operation New Dawn. 
SEC. 730. PEER SUPPORT. 
(a) PEER SUPPORT COUNSELING PROGRAM.— 
(1) PROGRAM REQUIRED.—Paragraph (1) of section 1720F(j) 
of title 38, United States Code, is amended in the matter 
preceding subparagraph (A) by striking ‘‘may’’ and inserting 
‘‘shall’’. 
(2) TRAINING.—Paragraph (2) of such section is amended 
by inserting after ‘‘peer counselors’’ the following: ‘‘, including 
training carried out under the national program of training 
required by section 304(c) of the Caregivers and Veterans Omni-
bus Health Services Act of 2010 (38 U.S.C. 1712A note)’’. 
(3) AVAILABILITY
OF
PROGRAM
AT
DEPARTMENT
MEDICAL 
CENTERS.—Such section is amended by adding at the end the 
following new paragraph: 
‘‘(3) In addition to other locations the Secretary considers appro-
priate, the Secretary shall carry out the peer support program 
under this subsection at each Department medical center.’’. 
(4) DEADLINE FOR COMMENCEMENT OF PROGRAM.—The Sec-
retary of Veterans Affairs shall ensure that the peer support 
counseling program required by section 1720F(j) of title 38, 
United States Code, as amended by this subsection, commences 
at each Department of Veterans Affairs medical center not 
later than 270 days after the date of the enactment of this 
Act. 
(b) PEER OUTREACH AND PEER SUPPORT SERVICES AT DEPART-
MENT MEDICAL CENTERS UNDER PROGRAM ON READJUSTMENT AND 
MENTAL HEALTH CARE SERVICES FOR VETERANS WHO SERVED IN 
OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.— 
(1) IN GENERAL.—Section 304 of the Caregivers and Vet-
erans Omnibus Health Services Act of 2010 (Public Law 111– 
163; 38 U.S.C. 1712A note) is amended— 
(A) by redesignating subsection (e) as subsection (f); 
and 
(B) by inserting after subsection (d) the following new 
subsection (e): 
‘‘(e) PROVISION OF PEER OUTREACH AND PEER SUPPORT SERV-
ICES AT DEPARTMENT MEDICAL CENTERS.—The Secretary shall carry 
out the services required by subparagraphs (A) and (B) of subsection 
(a)(1) at each Department medical center.’’. 
(2) DEADLINE.—The Secretary of Veterans Affairs shall 
commence carrying out the services required by subparagraphs 
(A) and (B) of subsection (a)(1) of such section at each Depart-
ment of Veterans Affairs medical center, as required by sub-
section (e) of such section (as added by paragraph (1)), not 
later than 270 days after the date of the enactment of this 
Act.
H. R. 4310—184 
Subtitle D—Reports and Other Matters 
SEC. 731. PLAN FOR REFORM OF THE ADMINISTRATION OF THE MILI-
TARY HEALTH SYSTEM. 
(a) DETAILED PLAN.—In implementing reforms to the govern-
ance of the military health system described in the memorandum 
of the Deputy Secretary of Defense dated March 2012, the Secretary 
of Defense shall develop a detailed plan to carry out such reform. 
(b) ELEMENTS.—The plan developed under subsection (a) shall 
include the following: 
(1) Goals to achieve while carrying out the reform described 
in subsection (a), including goals with respect to improving 
clinical and business practices, cost reductions, infrastructure 
reductions, and personnel reductions, achieved by establishing 
the Defense Health Agency, carrying out shared services, and 
modifying the governance of the National Capital Region. 
(2) Metrics to evaluate the achievement of each goal under 
paragraph (1) with respect to the purpose, objective, and 
improvements made by each such goal. 
(3) The personnel levels required for the Defense Health 
Agency and the National Capital Region Medical Directorate. 
(4) A detailed schedule to carry out the reform described 
in subsection (a), including a schedule for meeting the goals 
under paragraph (1). 
(5) Detailed information describing the initial operating 
capability of the Defense Health Agency. 
(6) With respect to each shared service that the Secretary 
will implement during fiscal year 2013 or 2014— 
(A) a timeline for such implementation; and 
(B) a business case analysis detailing— 
(i) the services that will be consolidated into the 
shared service; 
(ii) the purpose of the shared service; 
(iii) the scope of the responsibilities and goals for 
the shared service; 
(iv) the cost of implementing the shared service, 
including the costs regarding personnel severance, 
relocation, military construction, information tech-
nology, and contractor support; and 
(v) the anticipated cost savings to be realized by 
implementing the shared service. 
(c) SUBMISSION.—The Secretary of Defense shall submit to the 
congressional defense committees the plan developed under sub-
section (a) as follows: 
(1) The contents of the plan described in paragraphs (1) 
and (4) of subsection (b) shall be submitted not later than 
March 31, 2013. 
(2) The contents of the plan described in paragraphs (2) 
and (3) of subsection (b) and paragraph (6) of such subsection 
with respect to shared services implemented during fiscal year 
2013 shall be submitted not later than June 30, 2013. 
(3) The contents of the plan described in paragraph (6) 
of such subsection with respect to shared services implemented 
during fiscal year 2014 shall be submitted not later than Sep-
tember 30, 2013. 
(d) LIMITATIONS.—
H. R. 4310—185 
(1) FIRST
SUBMISSION.—Of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal 
year 2013 for the accounts and activities described in paragraph 
(4), not more than 50 percent may be obligated or expended 
until the date on which the Secretary of Defense submits to 
the congressional defense committees the contents of the plan 
under subsection (c)(1). 
(2) SECOND SUBMISSION.—Of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal 
year 2013 for the accounts and activities described in paragraph 
(4), not more than 75 percent may be obligated or expended 
until the date on which the Secretary of Defense submits to 
the congressional defense committees the contents of the plan 
under subsection (c)(2). 
(3) COMPTROLLER GENERAL REVIEW.—The Comptroller Gen-
eral of the United States shall submit to the congressional 
defense committees a review of the contents of the plan sub-
mitted under each of paragraphs (1) and (2) to assess whether 
the Secretary of Defense meets the requirements of such con-
tents. 
(4) ACCOUNTS AND ACTIVITIES DESCRIBED.—The accounts 
and activities described in this paragraph are as follows: 
(A) Operation and maintenance, Defense-wide, for the 
Office of the Secretary of Defense for travel. 
(B) Operation and maintenance, Defense-wide, for the 
Office of the Secretary of Defense for management profes-
sional support services. 
(C) Operation and maintenance, Defense Health Pro-
gram, for travel. 
(D) Operation and maintenance, Defense Health Pro-
gram, for management professional support services. 
(e) SHARED SERVICES DEFINED.—In this section, the term 
‘‘shared services’’ means the common services required for each 
military department to provide medical support to the Armed Forces 
and authorized beneficiaries. 
SEC. 732. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT 
THE UNITED STATES. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report setting forth the 
policy of the Department of Defense on the future availability 
of TRICARE Prime under the TRICARE program for eligible 
beneficiaries in all TRICARE regions throughout the United 
States. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A description, by region, of the difference in avail-
ability of TRICARE Prime for eligible beneficiaries (other 
than eligible beneficiaries on active duty in the Armed 
Forces) under newly awarded TRICARE managed care con-
tracts, including, in particular, an identification of the 
regions or areas in which TRICARE Prime will no longer 
be available for such beneficiaries under such contracts.
H. R. 4310—186 
(B) An estimate of the increased costs to be incurred 
by an affected eligible beneficiary for health care under 
the TRICARE program. 
(C) An estimate of the savings to be achieved by the 
Department as a result of the contracts described in 
subparagraph (A). 
(D) A description of the plans of the Department to 
continue to assess the impact on access to health care 
for affected eligible beneficiaries. 
(E) A description of the plan of the Department to 
provide assistance to affected eligible beneficiaries who are 
transitioning from TRICARE Prime to TRICARE Standard, 
including assistance with respect to identifying health care 
providers. 
(F) Any other matter the Secretary considers appro-
priate. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘affected eligible beneficiary’’ means an 
eligible beneficiary under the TRICARE Program (other than 
eligible beneficiaries on active duty in the Armed Forces) who, 
as of the date of the enactment of this Act— 
(A) is enrolled in TRICARE Prime; and 
(B) resides in a region of the United States in which 
TRICARE Prime enrollment will no longer be available 
for such beneficiary under a contract described in sub-
section (a)(2)(A) that does not allow for such enrollment 
because of the location in which such beneficiary resides. 
(2) The term ‘‘TRICARE Prime’’ means the managed care 
option of the TRICARE program. 
(3) The term ‘‘TRICARE program’’ has the meaning given 
that term in section 1072(7) of title 10, United States Code. 
(4) The term ‘‘TRICARE Standard’’ means the fee-for- 
service option of the TRICARE Program. 
SEC. 733. EXTENSION OF COMPTROLLER GENERAL REPORT ON CON-
TRACT HEALTH CARE STAFFING FOR MILITARY MEDICAL 
TREATMENT FACILITIES. 
Section 726(a) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1480) is amended 
by striking ‘‘March 31, 2012’’ and inserting ‘‘March 31, 2013’’. 
SEC. 734. EXTENSION OF COMPTROLLER GENERAL REPORT ON 
WOMEN-SPECIFIC HEALTH SERVICES AND TREATMENT 
FOR FEMALE MEMBERS OF THE ARMED FORCES. 
Section 725(c) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1480) is amended 
by striking ‘‘December 31, 2012’’ and inserting ‘‘March 31, 2013’’. 
SEC. 735. STUDY ON HEALTH CARE AND RELATED SUPPORT FOR CHIL-
DREN OF MEMBERS OF THE ARMED FORCES. 
(a) STUDY.—The Secretary of Defense shall conduct a study 
on the health care and related support provided by the Secretary 
to dependent children. 
(b) ELEMENTS.—The study under subsection (a) shall include 
the following: 
(1) A comprehensive review of the policies of the Secretary 
and the TRICARE program with respect to providing pediatric 
care.
H. R. 4310—187 
(2) An assessment of access to pediatric health care by 
dependent children in appropriate settings. 
(3) An assessment of access to specialty care by dependent 
children, including care for children with special health care 
needs. 
(4) A comprehensive review and analysis of reimbursement 
under the TRICARE program for pediatric care. 
(5) An assessment of the adequacy of the ECHO Program 
in meeting the needs of dependent children with extraordinary 
health care needs. 
(6) An assessment of the adequacy of care management 
for dependent children with special health care needs. 
(7) An assessment of the support provided through other 
Department of Defense or military department programs and 
policies that support the physical and behavorial health of 
dependent children, including children with special health care 
needs. 
(8) Mechanisms for linking dependent children with special 
health care needs with State and local community resources, 
including children’s hospitals and providers of pediatric spe-
cialty care. 
(9) Strategies to mitigate the impact of frequent relocations 
related to military service on the continuity of health care 
services for dependent children, including children with special 
health and behavioral health care needs. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the study under subsection 
(a), including— 
(1) the findings of the study; 
(2) a plan to improve and continuously monitor the access 
of dependent children to quality health care; and 
(3) any recommendations for legislation that the Secretary 
considers necessary to maintain the highest quality of health 
care for dependent children. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘dependent children’’ means the children of 
members of the Armed Forces who are covered beneficiaries 
under chapter 55 of title 10, United States Code. 
(2) The term ‘‘ECHO Program’’ means the Extended Care 
Health Option under subsections (d) through (f) of section 1079 
of title 10, United States Code. 
SEC. 736. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMAN- 
BASED METHODS FOR CERTAIN MEDICAL TRAINING. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2013, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report that outlines a strategy, including a 
detailed timeline, to refine and, when appropriate, transition 
to using human-based training methods for the purpose of 
training members of the Armed Forces in the treatment of 
combat trauma injuries. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) Required research, development, testing, and 
evaluation investments to validate human-based training
H. R. 4310—188 
methods to refine, reduce, and, when appropriate, transi-
tion from the use of live animals in medical education 
and training. 
(B) Phased sustainment and readiness costs to refine, 
reduce, and, when appropriate, replace the use of live ani-
mals in medical education and training. 
(C) Any risks associated with transitioning to human- 
based training methods, including resource availability, 
anticipated technological development timelines, and poten-
tial impact on the present combat trauma training cur-
ricula. 
(D) 
An 
assessment 
of 
the 
potential 
effect 
of 
transitioning to human-based training methods on the 
quality of medical care delivered on the battlefield, 
including any reduction in the competency of combat med-
ical personnel. 
(E) An assessment of risks to maintaining the level 
of combat life-saver techniques performed by all members 
of the Armed Forces. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘combat trauma injuries’’ means severe 
injuries likely to occur during combat, including— 
(A) extremity hemorrhage; 
(B) tension pneumothorax; 
(C) amputation resulting from blast injury; 
(D) compromises to the airway; and 
(E) other injuries. 
(2) The term ‘‘human-based training methods’’ means, with 
respect to training individuals in medical treatment, the use 
of systems and devices that do not use animals, including— 
(A) simulators; 
(B) partial task trainers; 
(C) moulage; 
(D) simulated combat environments; and 
(E) human cadavers. 
(3) The term ‘‘partial task trainers’’ means training aids 
that allow individuals to learn or practice specific medical proce-
dures. 
SEC. 737. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS 
OF THE ARMED FORCES SERVING ON ACTIVE DUTY. 
(a) STUDY.—The Secretary of Defense shall conduct a study 
on the incidence of breast cancer among members of the Armed 
Forces serving on active duty. 
(b) ELEMENTS.—The study under subsection (a) shall include 
the following: 
(1) A determination of the number of members of the 
Armed Forces who served on active duty at any time during 
the period from 2000 to 2010 who were diagnosed with breast 
cancer during such period. 
(2) A determination of demographic information regarding 
such members, including race, ethnicity, sex, age, and rank. 
(3) An analysis of breast cancer treatments received by 
such members and the source of such treatment. 
(4) The availability and training of breast cancer specialists 
within the military health system.
H. R. 4310—189 
(5) A comparison of the rates of members of the Armed 
Forces serving on active duty who have breast cancer to civilian 
populations with comparable demographic characteristics. 
(6) Identification of potential factors associated with mili-
tary service that could increase the risk of breast cancer for 
members of the Armed Forces serving on active duty. 
(7) A description of a research agenda to further the under-
standing of the Department of Defense of the incidence of 
breast cancer among such members. 
(8) An assessment of the effectiveness of outreach to mem-
bers of the Armed Forces to identify risks of, prevent, detect, 
and treat breast cancer. 
(9) Recommendations for changes to policy or law that 
could improve the prevention, early detection, awareness, and 
treatment of breast cancer among members of the Armed Forces 
serving on active duty. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the findings and recommenda-
tions of the study under subsection (a), including a description 
of any further unique military research needed with respect to 
breast cancer. 
SEC. 738. PERFORMANCE METRICS AND REPORTS ON WARRIORS IN 
TRANSITION PROGRAMS OF THE MILITARY DEPART-
MENTS. 
(a) METRICS REQUIRED.—The Secretary of Defense shall estab-
lish a policy containing uniform performance outcome measure-
ments to be used by each Secretary of a military department in 
tracking and monitoring members of the Armed Forces in Warriors 
in Transition programs. 
(b) ELEMENTS.—The policy established under subsection (a) 
shall identify outcome measurements with respect to the following: 
(1) Physical health and behavioral health. 
(2) Rehabilitation. 
(3) Educational and vocational preparation. 
(4) Such other matters as the Secretary considers appro-
priate. 
(c) MILESTONES.—In establishing the policy under subsection 
(a), the Secretary of Defense shall establish metrics and milestones 
for members in Warriors in Transition programs. Such metrics 
and milestones shall cover members throughout the course of care 
and rehabilitation in Warriors in Transitions programs by applying 
to the following occasions: 
(1) When the member commences participation in the pro-
gram. 
(2) At least once each year the member participates in 
the program. 
(3) When the member ceases participation in the program 
or is transferred to the jurisdiction of the Secretary of Veterans 
Affairs. 
(d) COHORT GROUPS AND PARAMETERS.—The policy established 
under subsection (a)— 
(1) may differentiate among cohort groups within the popu-
lation of members in Warriors in Transition programs, as appro-
priate; and
H. R. 4310—190 
(2) shall include parameters for specific outcome measure-
ments in each element under subsection (b) and each metric 
and milestone under subsection (c). 
(e) REPORTS REQUIRED.— 
(1) INITIAL REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report 
on the policy established under subsection (a), including the 
outcome measurements for each element under subsection (b) 
and each metric and milestone under subsection (c). 
(2) ANNUAL REPORTS.—Not later than February of each 
year beginning in 2014 and ending in 2018, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the performance of the military departments with 
respect to the policy established under subsection (a). Each 
report shall include— 
(A) an analysis of— 
(i) data on improvements in the progress of mem-
bers in Warriors in Transition programs in each spe-
cific area identified in the policy; 
(ii) access to health and rehabilitation services by 
such members, including average appointment waiting 
times by specialty; 
(iii) effectiveness of the programs in assisting in 
the transition of such members to military duty or 
civilian life through education and vocational assist-
ance; 
(iv) any differences in outcomes in Warriors in 
Transition programs, and the reason for any such dif-
ferences; and 
(v) the quantities and effectiveness of medical and 
nonmedical case managers, legal support and physical 
evaluation board liaison officers, mental health care 
providers, and medical evaluation physicians in 
comparison to the actual number of members requiring 
such services; and 
(B) such other results and analyses as the Secretary 
considers appropriate, including any recommendations for 
legislation if needed. 
(f) WARRIORS IN TRANSITION PROGRAM DEFINED.—In this sec-
tion, the term ‘‘Warriors in Transition program’’ means any major 
support program of the Armed Forces for members of the Armed 
Forces with severe wounds, illnesses, or injuries that is intended 
to provide such members with nonmedical case management service 
and care coordination services, and includes the programs as fol-
lows: 
(1) Warrior Transition Units and the Wounded Warrior 
Program of the Army. 
(2) The Wounded Warrior Safe Harbor program of the 
Navy. 
(3) The Wounded Warrior Regiment of the Marine Corps. 
(4) The Recovery Care Program and the Wounded Warrior 
programs of the Air Force. 
(5) The Care Coalition of the United States Special Oper-
ations Command.
H. R. 4310—191 
SEC. 739. PLAN TO ELIMINATE GAPS AND REDUNDANCIES IN PRO-
GRAMS OF THE DEPARTMENT OF DEFENSE ON PSYCHO-
LOGICAL HEALTH AND TRAUMATIC BRAIN INJURY. 
(a) SENSE OF CONGRESS.—Congress supports the efforts of the 
Secretary of Veterans Affairs and the Secretary of Defense to edu-
cate members of the Armed Forces, veterans, the families of such 
members and veterans, the medical community, and the public 
with respect to the causes, symptoms, and treatment of post-trau-
matic stress disorder. 
(b) PLAN.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a plan to improve the 
coordination and integration of the programs of the Department 
of Defense that address traumatic brain injury and the psycho-
logical health of members of the Armed Forces. 
(2) ELEMENTS.—The plan under paragraph (1) shall include 
the following: 
(A) Identification of— 
(i) any gaps in services and treatments provided 
by the programs of the Department of Defense that 
address traumatic brain injury and the psychological 
health of members of the Armed Forces; and 
(ii) any unnecessary redundancies in such pro-
grams. 
(B) A plan for mitigating the gaps and redundancies 
identified under subparagraph (A). 
(C) Identification of the official within the Department 
who will be responsible for leading the implementation 
of the plan described in paragraph (1). 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Treatment of procurements on behalf of the Department of Defense 
through the Work for Others program of the Department of Energy. 
Sec. 802. Review and justification of pass-through contracts. 
Sec. 803. Availability of amounts in Defense Acquisition Workforce Development 
Fund. 
Sec. 804. Department of Defense policy on contractor profits. 
Sec. 805. Modification of authorities on internal controls for procurements on behalf 
of the Department of Defense by certain nondefense agencies. 
Sec. 806. Extension of authority relating to management of supply-chain risk. 
Sec. 807. Sense of Congress on the continuing progress of the Department of De-
fense in implementing its Item Unique Identification Initiative. 
Subtitle B—Provisions Relating to Major Defense Acquisition Programs 
Sec. 811. Limitation on use of cost-type contracts. 
Sec. 812. Estimates of potential termination liability of contracts for the develop-
ment or production of major defense acquisition programs. 
Sec. 813. Technical change regarding programs experiencing critical cost growth 
due to change in quantity purchased. 
Sec. 814. Repeal of requirement to review ongoing programs initiated before enact-
ment of Milestone B certification and approval process.
H. R. 4310—192 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Modification of time period for congressional notification of the lease of 
certain vessels by the Department of Defense. 
Sec. 822. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 823. Codification and amendment relating to life-cycle management and prod-
uct support requirements. 
Sec. 824. Codification of requirement relating to Government performance of crit-
ical acquisition functions. 
Sec. 825. Competition in acquisition of major subsystems and subassemblies on 
major defense acquisition programs. 
Sec. 826. Compliance with Berry Amendment required for uniform components 
supplied to Afghan military or Afghan National Police. 
Sec. 827. Enhancement of whistleblower protections for contractor employees. 
Sec. 828. Pilot program for enhancement of contractor employee whistleblower pro-
tections. 
Sec. 829. Extension of contractor conflict of interest limitations. 
Sec. 830. Repeal of sunset for certain protests of task and delivery order contracts. 
Sec. 831. Guidance and training related to evaluating reasonableness of price. 
Sec. 832. Department of Defense access to, use of, and safeguards and protections 
for contractor internal audit reports. 
Sec. 833. Contractor responsibilities in regulations relating to detection and avoid-
ance of counterfeit electronic parts. 
Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 
Sec. 841. Extension and expansion of authority to acquire products and services 
produced in countries along a major route of supply to Afghanistan. 
Sec. 842. Limitation on authority to acquire products and services produced in Af-
ghanistan. 
Sec. 843. Responsibility within Department of Defense for operational contract sup-
port. 
Sec. 844. Data collection on contract support for future overseas contingency oper-
ations involving combat operations. 
Sec. 845. Inclusion of operational contract support in certain requirements for De-
partment of Defense planning, joint professional military education, and 
management structure. 
Sec. 846. Requirements for risk assessments related to contractor performance. 
Sec. 847. Extension and modification of reports on contracting in Iraq and Afghani-
stan. 
Sec. 848. Responsibilities of inspectors general for overseas contingency operations. 
Sec. 849. Oversight of contracts and contracting activities for overseas contingency 
operations in responsibilities of Chief Acquisition Officers of Federal 
agencies. 
Sec. 850. Reports on responsibility within Department of State and the United 
States Agency for International Development for contract support for 
overseas contingency operations. 
Sec. 851. Database on price trends of items and services under Federal contracts. 
Sec. 852. Information on corporate contractor performance and integrity through 
the Federal Awardee Performance and Integrity Information System. 
Sec. 853. Inclusion of data on contractor performance in past performance data-
bases for executive agency source selection decisions. 
Subtitle E—Other Matters 
Sec. 861. Requirements and limitations for suspension and debarment officials of 
the Department of Defense, the Department of State, and the United 
States Agency for International Development. 
Sec. 862. Uniform contract writing system requirements. 
Sec. 863. Extension of other transaction authority. 
Sec. 864. Report on allowable costs of compensation of contractor employees. 
Sec. 865. Reports on use of indemnification agreements. 
Sec. 866. Plan to increase number of contractors eligible for contracts under Air 
Force NETCENTS-2 contract. 
Sec. 867. Inclusion of information on prevalent grounds for sustaining bid protests 
in annual protest report by Comptroller General to Congress.
H. R. 4310—193 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. TREATMENT OF PROCUREMENTS ON BEHALF OF THE 
DEPARTMENT OF DEFENSE THROUGH THE WORK FOR 
OTHERS PROGRAM OF THE DEPARTMENT OF ENERGY. 
(a) IN GENERAL.—Subsection (d) of section 801 of the National 
Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 2304 
note) is amended— 
(1) in the subsection heading, by striking ‘‘DEFENSE’’ and 
inserting ‘‘APPLICABLE’’; 
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(3) by striking ‘‘For the purposes’’ and inserting ‘‘(1) Except 
as provided in paragraph (2), for the purposes’’; 
(4) in paragraph (1), as designated by paragraph (3) of 
this subsection, by striking ‘‘defense procurement’’ and inserting 
‘‘applicable procurement’’; and 
(5) by adding at the end the following new paragraph 
(2): 
‘‘(2) In the case of the procurement of property or services 
on behalf of the Department of Defense through the Work for 
Others program of the Department of Energy, the laws and regula-
tions applicable under paragraph (1)(B) are the Department of 
Energy Acquisition Regulations, pertinent interagency agreements, 
and Department of Defense and Department of Energy policies 
related to the Work for Others program.’’. 
(b) CONFORMING
AMENDMENTS.—Such section is further 
amended 
by 
striking 
‘‘defense 
procurement’’ 
and 
inserting 
‘‘applicable procurement’’ each place it appears as follows: 
(1) Subsection (a)(1)(B). 
(2) Subsection (a)(4) (as redesignated by section 805(a)(3)). 
(3) Subsection (a)(4)(A) (as redesignated by section 
805(a)(3)). 
(4) Subsection (b)(1)(A). 
(5) Subsection (b)(1)(B)(ii). 
(6) Subsection (c)(2)(F). 
SEC. 802. REVIEW AND JUSTIFICATION OF PASS-THROUGH CON-
TRACTS. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense, the Secretary of State, and 
the Administrator of the United States Agency for International 
Development shall issue such guidance and regulations as may 
be necessary to ensure that in any case in which an offeror for 
a contract or a task or delivery order informs the agency pursuant 
to section 52.215-22 of the Federal Acquisition Regulation that 
the offeror intends to award subcontracts for more than 70 percent 
of the total cost of work to be performed under the contract, task 
order, or delivery order, the contracting officer for the contract 
is required to— 
(1) consider the availability of alternative contract vehicles 
and the feasibility of contracting directly with a subcontractor 
or subcontractors that will perform the bulk of the work;
H. R. 4310—194 
(2) make a written determination that the contracting 
approach selected is in the best interest of the Government; 
and 
(3) document the basis for such determination. 
SEC. 803. AVAILABILITY OF AMOUNTS IN DEFENSE ACQUISITION 
WORKFORCE DEVELOPMENT FUND. 
(a) IN GENERAL.—Section 1705 of title 10, United States Code, 
is amended— 
(1) in subsection (d)(2)(C), by striking clauses (i) through 
(vi) and inserting the following: 
‘‘(i) For fiscal year 2013, $500,000,000. 
‘‘(ii) For fiscal year 2014, $800,000,000. 
‘‘(iii) For fiscal year 2015, $700,000,000. 
‘‘(iv) For fiscal year 2016, $600,000,000. 
‘‘(v) For fiscal year 2017, $500,000,000. 
‘‘(vi) For fiscal year 2018, $400,000,000.’’; 
(2) in subsection (e)— 
(A) in paragraph (1), by adding at the end the following 
new sentence: ‘‘In the case of temporary members of the 
acquisition workforce designated pursuant to subsection 
(h)(2), such funds shall be available only for the limited 
purpose of providing training in the performance of acquisi-
tion-related functions and duties.’’; and 
(B) in paragraph (5), by inserting before the period 
at the end the following: ‘‘, and who has continued in 
the employment of the Department since such time without 
a break in such employment of more than a year’’; 
(3) by striking subsection (g); 
(4) by redesignating subsection (h) as subsection (g); and 
(5) by adding at the end the following new subsection 
(h): 
‘‘(h) ACQUISITION WORKFORCE DEFINED.—In this section, the 
term ‘acquisition workforce’ means the following: 
‘‘(1) Personnel in positions designated under section 1721 
of this title as acquisition positions for purposes of this chapter. 
‘‘(2) Other military personnel or civilian employees of the 
Department of Defense who— 
‘‘(A) contribute significantly to the acquisition process 
by virtue of their assigned duties; and 
‘‘(B) are designated as temporary members of the 
acquisition workforce by the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, or by the senior 
acquisition executive of a military department, for the lim-
ited purpose of receiving training for the performance of 
acquisition-related functions and duties.’’. 
(b) EXTENSION OF EXPEDITED HIRING AUTHORITY.—Subsection 
(g) of such section, as redesignated by subsection (a)(4) of this 
section, is further amended in paragraph (2) by striking ‘‘September 
30, 2015’’ and inserting ‘‘September 30, 2017’’. 
(c) PLAN REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall develop a plan for the 
implementation of the authority provided by the amendments made 
by subsection (a) with regard to temporary members of the defense 
acquisition workforce. The plan shall include policy, criteria, and
H. R. 4310—195 
processes for designating temporary members and appropriate safe-
guards to prevent the abuse of such authority. 
SEC. 804. DEPARTMENT OF DEFENSE POLICY ON CONTRACTOR 
PROFITS. 
(a) REVIEW
OF GUIDELINES
ON PROFITS.—The Secretary of 
Defense shall review the profit guidelines in the Department of 
Defense Supplement to the Federal Acquisition Regulation in order 
to identify any modifications to such guidelines that are necessary 
to ensure an appropriate link between contractor profit and con-
tractor performance. In conducting the review, the Secretary shall 
obtain the views of experts and interested parties in Government 
and the private sector. 
(b) MATTERS TO BE CONSIDERED.—In conducting the review 
required by subsection (a), the Secretary shall consider, at a min-
imum, the following: 
(1) Appropriate levels of profit needed to sustain competi-
tion in the defense industry, taking into account contractor 
investment and cash flow. 
(2) Appropriate adjustments to address contract and 
performance risk assumed by the contractor, taking into 
account the extent to which such risk is passed on to sub-
contractors. 
(3) Appropriate incentives for superior performance in 
delivering quality products and services in a timely and cost- 
effective manner, taking into account such factors as prime 
contractor cost reduction, control of overhead costs, subcon-
tractor cost reduction, subcontractor management, and effective 
competition (including the use of small business) at the sub-
contract level. 
(c) MODIFICATION OF GUIDELINES.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary shall 
modify the profit guidelines described in subsection (a) to make 
such changes as the Secretary determines to be appropriate based 
on the review conducted pursuant to that subsection. 
SEC. 805. MODIFICATION OF AUTHORITIES ON INTERNAL CONTROLS 
FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT 
OF DEFENSE BY CERTAIN NONDEFENSE AGENCIES. 
(a) DISCRETIONARY AUTHORITY.—Subsection (a) of section 801 
of the National Defense Authorization Act for Fiscal Year 2008 
(10 U.S.C. 2304 note) is amended— 
(1) in paragraph (1), by striking ‘‘shall, not later than 
the date specified in paragraph (2),’’ and inserting ‘‘may’’; 
(2) by striking paragraph (2); 
(3) by redesignating paragraphs (3) through (6) as para-
graphs (2) through (5), respectively; 
(4) in paragraph (3), as redesignated by paragraph (3) 
of this subsection— 
(A) by striking ‘‘required under this subsection’’ and 
inserting ‘‘to be performed under this subsection’’; and 
(B) by striking ‘‘shall’’ and inserting ‘‘may’’; and 
(5) in paragraph (4), as so redesignated, by striking ‘‘shall’’ 
and inserting ‘‘may’’. 
(b) CONFORMING AMENDMENTS.—Subsection (b)(1)(B) of such 
section is amended— 
(1) in clause (i), by striking ‘‘required by subsection (a)(4)’’ 
and inserting ‘‘to be entered into under subsection (a)(3)’’; and
H. R. 4310—196 
(2) in clause (ii)— 
(A) by striking ‘‘required by subsection (a)’’ and 
inserting ‘‘provided for under subsection (a)’’; and 
(B) by striking ‘‘subsection (a)(5)’’ and inserting ‘‘sub-
section (a)(4)’’. 
SEC. 806. EXTENSION OF AUTHORITY RELATING TO MANAGEMENT OF 
SUPPLY-CHAIN RISK. 
(a) EXTENSION.—Section 806(g) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4262; 10 U.S.C. 2304 note) is amended by striking 
‘‘the date that is three years after the date of the enactment 
of this Act’’ and inserting ‘‘September 30, 2018’’. 
(b) VERIFICATION OF EFFECTIVE IMPLEMENTATION.—Section 806 
of such Act is further amended by adding at the end the following 
new subsection: 
‘‘(h) VERIFICATION OF EFFECTIVE IMPLEMENTATION.— 
‘‘(1) 
CRITERIA
AND
DATA
COLLECTION
TO
MEASURE 
EFFECTIVENESS.—The Secretary of Defense shall— 
‘‘(A) establish criteria for measuring the effectiveness 
of the authority provided by this section; and 
‘‘(B) collect data to evaluate the implementation of 
this section using such criteria. 
‘‘(2) REPORTS.—The Secretary shall submit to the appro-
priate congressional committees— 
‘‘(A) not later than March 1, 2013, a report on the 
criteria established under paragraph (1)(A); and 
‘‘(B) not later than January 1, 2017, a report on the 
effectiveness of the implementation of this section, based 
on data collected under paragraph (1)(B).’’. 
(c) TECHNICAL AMENDMENT.—Section 806(f)(2) of such Act is 
amended by striking ‘‘that awarded’’ and inserting ‘‘that are 
awarded’’. 
SEC. 807. SENSE OF CONGRESS ON THE CONTINUING PROGRESS OF 
THE DEPARTMENT OF DEFENSE IN IMPLEMENTING ITS 
ITEM UNIQUE IDENTIFICATION INITIATIVE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In 2003, the Department of Defense initiated the Item 
Unique Identification (IUID) Initiative, which requires the 
marking and tracking of assets deployed throughout the Armed 
Forces or in the possession of Department contractors. 
(2) The Initiative has the potential for realizing significant 
cost savings and improving the management of defense equip-
ment and supplies throughout their lifecycle. 
(3) The Initiative can help the Department combat the 
growing problem of counterfeit parts in the military supply 
chain. 
(b) SENSE OF CONGRESS.—It is the sense of Congress— 
(1) to support efforts by the Department of Defense to 
implement the Item Unique Identification Initiative; 
(2) to support measures to verify contractor compliance 
with section 252.211–7003 (entitled ‘‘Item Identification and 
Valuation’’) of the Defense Supplement to the Federal Acquisi-
tion Regulation, on Unique Identification, which states that 
a unique identification equivalent recognized by the Depart-
ment is required for certain acquisitions;
H. R. 4310—197 
(3) to encourage the Armed Forces to adopt and implement 
Item Unique Identification actions and milestones; and 
(4) to support investment of sufficient resources and contin-
ued training and leadership to enable the Department to cap-
ture meaningful data and optimize the benefits of the Item 
Unique Identification Initiative. 
Subtitle B—Provisions Relating to Major 
Defense Acquisition Programs 
SEC. 811. LIMITATION ON USE OF COST-TYPE CONTRACTS. 
(a) PROHIBITION WITH RESPECT
TO PRODUCTION
OF MAJOR 
DEFENSE ACQUISITION PROGRAMS.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall modify the acquisition regulations of the Department of 
Defense to prohibit the Department from entering into cost-type 
contracts for the production of major defense acquisition programs. 
(b) EXCEPTION.— 
(1) IN GENERAL.—The prohibition under subsection (a) shall 
not apply in the case of a particular cost-type contract if the 
Under Secretary of Defense for Acquisition, Technology, and 
Logistics provides written certification to the congressional 
defense committees that a cost-type contract is needed to pro-
vide a required capability in a timely and cost-effective manner. 
(2) SCOPE OF EXCEPTION.—In any case for which the Under 
Secretary grants an exception under paragraph (1), the Under 
Secretary shall take affirmative steps to make sure that the 
use of cost-type pricing is limited to only those line items 
or portions of the contract where such pricing is needed to 
achieve the purposes of the exception. A written certification 
under paragraph (1) shall be accompanied by an explanation 
of the steps taken under this paragraph. 
(c) DEFINITIONS.—In this section: 
(1) MAJOR
DEFENSE
ACQUISITION
PROGRAM.—The term 
‘‘major defense acquisition program’’ has the meaning given 
the term in section 2430(a) of title 10, United States Code. 
(2) PRODUCTION OF A MAJOR DEFENSE ACQUISITION PRO-
GRAM.—The term ‘‘production of a major defense acquisition 
program’’ means the production and deployment of a major 
system that is intended to achieve an operational capability 
that satisfies mission needs, or any activity otherwise defined 
as Milestone C under Department of Defense Instruction 
5000.02 or related authorities. 
(3) CONTRACT FOR THE PRODUCTION OF A MAJOR DEFENSE 
ACQUISITION PROGRAM.—The term ‘‘contract for the production 
of a major defense acquisition program’’— 
(A) means a prime contract for the production of a 
major defense acquisition program; and 
(B) does not include individual line items for segregable 
efforts or contracts for the incremental improvement of 
systems that are already in production (other than con-
tracts for major upgrades that are themselves major 
defense acquisition programs). 
(d) APPLICABILITY.—The requirements of this section shall apply 
to contracts for the production of major defense acquisition pro-
grams entered into on or after October 1, 2014.
H. R. 4310—198 
SEC. 812. ESTIMATES OF POTENTIAL TERMINATION LIABILITY OF CON-
TRACTS FOR THE DEVELOPMENT OR PRODUCTION OF 
MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) DEPARTMENT
OF DEFENSE REVIEW.—Not later than 180 
days after the date of the enactment of this Act, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall review 
relevant acquisition guidance and take appropriate actions to ensure 
that program managers for major defense acquisition programs 
are preparing estimates of potential termination liability for covered 
contracts, including how such termination liability is likely to 
increase or decrease over the period of performance, and are giving 
appropriate consideration to such estimates before making rec-
ommendations on decisions to enter into or terminate such con-
tracts. 
(b) COMPTROLLER GENERAL OF THE UNITED STATES REPORT.— 
(1) IN GENERAL.—Not later than 270 days after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the congressional defense commit-
tees a report on the extent to which the Department of Defense 
is considering potential termination liability as a factor in 
entering into and in terminating covered contracts. 
(2) MATTERS TO BE ADDRESSED.—The report required by 
paragraph (1) shall include, at a minimum, an assessment 
of the following: 
(A) The extent to which the Department of Defense 
developed estimates of potential termination liability for 
covered contracts entered into before the date of the enact-
ment of this Act and how such termination liability was 
likely to increase or decrease over the period of performance 
before making decisions to enter into or terminate such 
contracts. 
(B) The extent to which the Department considered 
estimates of potential termination liability for such con-
tracts and how such termination liability was likely to 
increase or decrease over the period of performance as 
a risk factor in deciding whether to enter into or terminate 
such contracts. 
(c) COVERED CONTRACTS.—For purposes of this section, a cov-
ered contract is a contract for the development or production of 
a major defense acquisition program for which potential termination 
liability could reasonably be expected to exceed $100,000,000. 
(d) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 
section, the term ‘‘major defense acquisition program’’ has the 
meaning given that term in section 2430(a) of title 10, United 
States Code. 
SEC. 813. TECHNICAL CHANGE REGARDING PROGRAMS EXPERIENCING 
CRITICAL COST GROWTH DUE TO CHANGE IN QUANTITY 
PURCHASED. 
Section 2433a(c)(3)(A) of title 10, United States Code, is 
amended by striking ‘‘subparagraphs (B) and (C)’’ and inserting 
‘‘subparagraphs (B), (C), and (E)’’.
H. R. 4310—199 
SEC. 814. REPEAL OF REQUIREMENT TO REVIEW ONGOING PROGRAMS 
INITIATED BEFORE ENACTMENT OF MILESTONE B CER-
TIFICATION AND APPROVAL PROCESS. 
Subsection (b) of section 205 of the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111–23; 123 Stat. 1725; 10 U.S.C. 
2366b note) is repealed. 
Subtitle C—Amendments to General Con-
tracting Authorities, Procedures, and 
Limitations 
SEC. 821. MODIFICATION OF TIME PERIOD FOR CONGRESSIONAL 
NOTIFICATION OF THE LEASE OF CERTAIN VESSELS BY 
THE DEPARTMENT OF DEFENSE. 
Section 2401(h)(2) of title 10, United States Code, is amended 
by striking ‘‘30 days of continuous session of Congress’’ and inserting 
‘‘60 days’’. 
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 
ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 
ITEMS. 
(a) EXTENSION.—Effective as of January 1, 2012, section 4202 
of the Clinger–Cohen Act of 1996 (division D of Public Law 104– 
106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended in subsection 
(e) by striking ‘‘2012’’ and inserting ‘‘2015’’. 
(b) TECHNICAL
AMENDMENT
TO
CROSS
REFERENCES.—Sub-
section (e) of such Act is further amended by striking ‘‘section 
303(g)(1) of the Federal Property and Administrative Services Act 
of 1949, and section 31(a) of the Office of Federal Procurement 
Policy Act, as amended by this section,’’ and inserting ‘‘section 
3305(a) of title 41, United States Code, and section 1901(a) of 
title 41, United States Code,’’. 
SEC. 823. CODIFICATION AND AMENDMENT RELATING TO LIFE-CYCLE 
MANAGEMENT AND PRODUCT SUPPORT REQUIREMENTS. 
(a) CODIFICATION AND AMENDMENT.— 
(1) IN GENERAL.—Chapter 137 of title 10, United States 
Code, as amended by section 331, is further amended by adding 
at the end the following new section: 
‘‘§ 2337. Life-cycle management and product support 
‘‘(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—The Secretary 
of Defense shall issue and maintain comprehensive guidance on 
life-cycle management and the development and implementation 
of product support strategies for major weapon systems. The guid-
ance issued pursuant to this subsection shall— 
‘‘(1) maximize competition and make the best possible use 
of available Department of Defense and industry resources 
at the system, subsystem, and component levels; and 
‘‘(2) maximize value to the Department of Defense by pro-
viding the best possible product support outcomes at the lowest 
operations and support cost. 
‘‘(b) PRODUCT SUPPORT MANAGERS.—
H. R. 4310—200 
‘‘(1) REQUIREMENT.—The Secretary of Defense shall require 
that each major weapon system be supported by a product 
support manager in accordance with this subsection. 
‘‘(2) RESPONSIBILITIES.—A product support manager for a 
major weapon system shall— 
‘‘(A) develop and implement a comprehensive product 
support strategy for the weapon system; 
‘‘(B) use appropriate predictive analysis and modeling 
tools that can improve material availability and reliability, 
increase operational availability rates, and reduce oper-
ation and sustainment costs; 
‘‘(C) conduct appropriate cost analyses to validate the 
product support strategy, including cost-benefit analyses 
as outlined in Office of Management and Budget Circular 
A–94; 
‘‘(D) ensure achievement of desired product support 
outcomes through development and implementation of 
appropriate product support arrangements; 
‘‘(E) adjust performance requirements and resource 
allocations across product support integrators and product 
support providers as necessary to optimize implementation 
of the product support strategy; 
‘‘(F) periodically review product support arrangements 
between the product support integrators and product sup-
port providers to ensure the arrangements are consistent 
with the overall product support strategy; 
‘‘(G) prior to each change in the product support 
strategy or every five years, whichever occurs first, revali-
date any business-case analysis performed in support of 
the product support strategy; and 
‘‘(H) ensure that the product support strategy maxi-
mizes small business participation at the appropriate tiers. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) PRODUCT SUPPORT.—The term ‘product support’ means 
the package of support functions required to field and maintain 
the readiness and operational capability of major weapon sys-
tems, subsystems, and components, including all functions 
related to weapon system readiness. 
‘‘(2) PRODUCT SUPPORT ARRANGEMENT.—The term ‘product 
support arrangement’ means a contract, task order, or any 
type of other contractual arrangement, or any type of agreement 
or non-contractual arrangement within the Federal Govern-
ment, for the performance of sustainment or logistics support 
required for major weapon systems, subsystems, or components. 
The term includes arrangements for any of the following: 
‘‘(A) Performance-based logistics. 
‘‘(B) Sustainment support. 
‘‘(C) Contractor logistics support. 
‘‘(D) Life-cycle product support. 
‘‘(E) Weapon systems product support. 
‘‘(3) PRODUCT
SUPPORT
INTEGRATOR.—The term ‘product 
support integrator’ means an entity within the Federal Govern-
ment or outside the Federal Government charged with inte-
grating all sources of product support, both private and public, 
defined within the scope of a product support arrangement. 
‘‘(4) PRODUCT SUPPORT PROVIDER.—The term ‘product sup-
port provider’ means an entity that provides product support
H. R. 4310—201 
functions. The term includes an entity within the Department 
of Defense, an entity within the private sector, or a partnership 
between such entities. 
‘‘(5) MAJOR
WEAPON
SYSTEM.—The term ‘major weapon 
system’ means a major system within the meaning of section 
2302d(a) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 137 of such title, as so amended, is further 
amended by adding at the end the following new item: 
‘‘2337. Life-cycle management and product support.’’. 
(b) REPEAL
OF SUPERSEDED SECTION.—Section 805 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 10 U.S.C. 2302 note) is repealed. 
SEC. 824. CODIFICATION OF REQUIREMENT RELATING TO GOVERN-
MENT PERFORMANCE OF CRITICAL ACQUISITION FUNC-
TIONS. 
(a) CODIFICATION.— 
(1) IN GENERAL.—Subchapter I of chapter 87 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 1706. Government performance of certain acquisition func-
tions 
‘‘(a) GOAL.—It shall be the goal of the Department of Defense 
and each of the military departments to ensure that, for each 
major defense acquisition program and each major automated 
information system program, each of the following positions is per-
formed by a properly qualified member of the armed forces or 
full-time employee of the Department of Defense: 
‘‘(1) Program executive officer. 
‘‘(2) Deputy program executive officer. 
‘‘(3) Program manager. 
‘‘(4) Deputy program manager. 
‘‘(5) Senior contracting official. 
‘‘(6) Chief developmental tester. 
‘‘(7) Program lead product support manager. 
‘‘(8) Program lead systems engineer. 
‘‘(9) Program lead cost estimator. 
‘‘(10) Program lead contracting officer. 
‘‘(11) Program lead business financial manager. 
‘‘(12) Program lead production, quality, and manufacturing. 
‘‘(13) Program lead information technology. 
‘‘(b) PLAN OF ACTION.—The Secretary of Defense shall develop 
and implement a plan of action for recruiting, training, and ensuring 
appropriate career development of military and civilian personnel 
to achieve the objective established in subsection (a). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major defense acquisition program’ has the 
meaning given such term in section 2430(a) of this title. 
‘‘(2) The term ‘major automated information system pro-
gram’ has the meaning given such term in section 2445a(a) 
of this title.’’.
H. R. 4310—202 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such subchapter is amended by adding at the 
end the following new item: 
‘‘1706. Government performance of certain acquisition functions.’’. 
(b) REPEAL OF SUPERSEDED SECTION.—Section 820 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 10 U.S.C. 1701 note) is repealed. 
SEC. 825. COMPETITION IN ACQUISITION OF MAJOR SUBSYSTEMS AND 
SUBASSEMBLIES ON MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
Section 202(c) of the Weapon Systems Acquisition Reform Act 
of 2009 (Public Law 111–23; 123 Stat. 1720; 10 U.S.C. 2430 note) 
is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘fair 
and objective ‘make-buy’ decisions by prime contractors’’ and 
inserting ‘‘competition or the option of competition at the sub-
contract level’’; 
(2) by redesignating paragraphs (1), (2), and (3) as para-
graphs (2), (3), and (4), respectively; and 
(3) by inserting before paragraph (2), as redesignated by 
paragraph (2) of this section, the following new paragraph 
(1): 
‘‘(1) where appropriate, breaking out a major subsystem, 
conducting a separate competition for the subsystem, and pro-
viding the subsystem to the prime contractor as Government- 
furnished equipment;’’. 
SEC. 826. COMPLIANCE WITH BERRY AMENDMENT REQUIRED FOR UNI-
FORM COMPONENTS SUPPLIED TO AFGHAN MILITARY OR 
AFGHAN NATIONAL POLICE. 
(a) REQUIREMENT.—In the case of any textile components sup-
plied by the Department of Defense to the Afghan National Army 
or the Afghan National Police for purposes of production of uni-
forms, section 2533a of title 10, United States Code, shall apply, 
and no exceptions or exemptions under that section shall apply. 
(b) EFFECTIVE DATE.—This section shall apply to solicitations 
issued and contracts awarded for the procurement of such compo-
nents after the date of the enactment of this Act. 
SEC. 827. ENHANCEMENT OF WHISTLEBLOWER PROTECTIONS FOR 
CONTRACTOR EMPLOYEES. 
(a) IN GENERAL.—Subsection (a) of section 2409 of title 10, 
United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘An employee’’; 
(2) in paragraph (1), as so designated— 
(A) by inserting ‘‘or subcontractor’’ after ‘‘employee of 
a contractor’’; 
(B) by striking ‘‘a Member of Congress’’ and all that 
follows through ‘‘the Department of Justice’’ and inserting 
‘‘a person or body described in paragraph (2)’’; and 
(C) by striking ‘‘evidence of’’ and all that follows and 
inserting the following: ‘‘evidence of the following: 
‘‘(A) Gross mismanagement of a Department of Defense 
contract or grant, a gross waste of Department funds, an abuse 
of authority relating to a Department contract or grant, or 
a violation of law, rule, or regulation related to a Department
H. R. 4310—203 
contract (including the competition for or negotiation of a con-
tract) or grant. 
‘‘(B) Gross mismanagement of a National Aeronautics and 
Space Administration contract or grant, a gross waste of 
Administration funds, an abuse of authority relating to an 
Administration contract or grant, or a violation of law, rule, 
or regulation related to an Administration contract (including 
the competition for or negotiation of a contract) or grant. 
‘‘(C) A substantial and specific danger to public health 
or safety.’’; and 
(3) by adding at the end the following new paragraphs: 
‘‘(2) The persons and bodies described in this paragraph are 
the persons and bodies as follows: 
‘‘(A) A Member of Congress or a representative of a com-
mittee of Congress. 
‘‘(B) An Inspector General. 
‘‘(C) The Government Accountability Office. 
‘‘(D) An employee of the Department of Defense or the 
National Aeronautics and Space Administration, as applicable, 
responsible for contract oversight or management. 
‘‘(E) An authorized official of the Department of Justice 
or other law enforcement agency. 
‘‘(F) A court or grand jury. 
‘‘(G) A management official or other employee of the con-
tractor or subcontractor who has the responsibility to inves-
tigate, discover, or address misconduct. 
‘‘(3) For the purposes of paragraph (1)— 
‘‘(A) an employee who initiates or provides evidence of 
contractor or subcontractor misconduct in any judicial or 
administrative proceeding relating to waste, fraud, or abuse 
on a Department of Defense or National Aeronautics and Space 
Administration contract or grant shall be deemed to have made 
a disclosure covered by such paragraph; and 
‘‘(B) a reprisal described in paragraph (1) is prohibited 
even if it is undertaken at the request of a Department or 
Administration official, unless the request takes the form of 
a nondiscretionary directive and is within the authority of 
the Department or Administration official making the request.’’. 
(b) INVESTIGATION OF COMPLAINTS.—Subsection (b) of such sec-
tion is amended— 
(1) in paragraph (1), by inserting ‘‘fails to allege a violation 
of the prohibition in subsection (a), or has previously been 
addressed in another Federal or State judicial or administrative 
proceeding initiated by the complainant,’’ after ‘‘is frivolous,’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by inserting ‘‘, fails to allege 
a violation of the prohibition in subsection (a), or has 
previously been addressed in another Federal or State 
judicial or administrative proceeding initiated by the 
complainant’’ after ‘‘is frivolous’’; and 
(B) in subparagraph (B), by inserting ‘‘, up to 180 
days,’’ after ‘‘such additional period of time’’; and 
(3) by adding at the end the following new paragraphs: 
‘‘(3) The Inspector General may not respond to any inquiry 
or disclose any information from or about any person alleging 
the reprisal, except to the extent that such response or disclosure 
is—
H. R. 4310—204 
‘‘(A) made with the consent of the person alleging the 
reprisal; 
‘‘(B) made in accordance with the provisions of section 
552a of title 5 or as required by any other applicable Federal 
law; or 
‘‘(C) necessary to conduct an investigation of the alleged 
reprisal. 
‘‘(4) A complaint may not be brought under this subsection 
more than three years after the date on which the alleged reprisal 
took place.’’. 
(c) REMEDY AND ENFORCEMENT AUTHORITY.—Subsection (c) of 
such section is amended— 
(1) in paragraph (1)(B), by striking ‘‘the compensation 
(including back pay)’’ and inserting ‘‘compensatory damages 
(including back pay)’’; 
(2) in paragraph (2), by adding at the end following new 
sentence: ‘‘An action under this paragraph may not be brought 
more than two years after the date on which remedies are 
deemed to have been exhausted.’’; 
(3) in paragraph (4), by striking ‘‘and compensatory and 
exemplary damages.’’ and inserting ‘‘, compensatory and exem-
plary damages, and reasonable attorney fees and costs. The 
person upon whose behalf an order was issued may also file 
such an action or join in an action filed by the head of the 
agency.’’; 
(4) in paragraph (5), by adding at the end the following 
new sentence: ‘‘Filing such an appeal shall not act to stay 
the enforcement of the order of the head of an agency, unless 
a stay is specifically entered by the court.’’; and 
(5) by adding at the end the following new paragraphs: 
‘‘(6) The legal burdens of proof specified in section 1221(e) 
of title 5 shall be controlling for the purposes of any investigation 
conducted by an Inspector General, decision by the head of an 
agency, or judicial or administrative proceeding to determine 
whether discrimination prohibited under this section has occurred. 
‘‘(7) The rights and remedies provided for in this section may 
not be waived by any agreement, policy, form, or condition of 
employment.’’. 
(d) NOTIFICATION
OF EMPLOYEES.—Such section is further 
amended— 
(1) by redesignating subsections (d) and (e) as subsections 
(f) and (g), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) NOTIFICATION OF EMPLOYEES.—The Secretary of Defense 
and the Administrator of the National Aeronautics and Space 
Administration shall ensure that contractors and subcontractors 
of the Department of Defense and the National Aeronautics and 
Space Administration, as applicable, inform their employees in 
writing of the rights and remedies provided under this section, 
in the predominant native language of the workforce.’’. 
(e) EXCEPTIONS FOR INTELLIGENCE COMMUNITY.—Such section 
is further amended by inserting after subsection (d), as added 
by subsection (d)(2) of this section, the following new subsection 
(e):
H. R. 4310—205 
‘‘(e) EXCEPTIONS.—(1) This section shall not apply to any ele-
ment of the intelligence community, as defined in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 
‘‘(2) This section shall not apply to any disclosure made by 
an employee of a contractor, subcontractor, or grantee of an element 
of the intelligence community if such disclosure— 
‘‘(A) relates to an activity of an element of the intelligence 
community; or 
‘‘(B) was discovered during contract, subcontract, or grantee 
services provided to an element of the intelligence community.’’. 
(f) ABUSE OF AUTHORITY DEFINED.—Subsection (g) of such sec-
tion, as redesignated by subsection (d)(1) of this section, is further 
amended by adding at the end the following new paragraph: 
‘‘(6) The term ‘abuse of authority’ means the following: 
‘‘(A) An arbitrary and capricious exercise of authority 
that is inconsistent with the mission of the Department 
of Defense or the successful performance of a Department 
contract or grant. 
‘‘(B) An arbitrary and capricious exercise of authority 
that is inconsistent with the mission of the National Aero-
nautics and Space Administration or the successful 
performance of an Administration contract or grant.’’. 
(g) ALLOWABILITY
OF LEGAL FEES.—Section 2324(k) of such 
title is amended— 
(1) in paragraph (1), by striking ‘‘commenced by the United 
States or a State’’ and inserting ‘‘commenced by the United 
States, by a State, or by a contractor employee submitting 
a complaint under section 2409 of this title’’; and 
(2) in paragraph (2)(C), by striking ‘‘the imposition of a 
monetary penalty’’ and inserting ‘‘the imposition of a monetary 
penalty or an order to take corrective action under section 
2409 of this title’’. 
(h) CONSTRUCTION.—Nothing in this section, or the amend-
ments made by this section, shall be construed to provide any 
rights to disclose classified information not otherwise provided by 
law. 
(i) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by this section 
shall take effect on the date that is 180 days after the date 
of the enactment of this Act, and shall apply to— 
(A) all contracts awarded on or after such date; 
(B) all task orders entered on or after such date pursu-
ant to contracts awarded before, on, or after such date; 
and 
(C) all contracts awarded before such date that are 
modified to include a contract clause providing for the 
applicability of such amendments. 
(2) REVISION OF SUPPLEMENTS TO THE FAR.—Not later than 
180 days after the date of the enactment of this Act, the 
Department of Defense Supplement to the Federal Acquisition 
Regulation and the National Aeronautics and Space Adminis-
tration Supplement to the Federal Acquisition Regulation shall 
each be revised to implement the requirements arising under 
the amendments made by this section. 
(3) INCLUSION OF CONTRACT CLAUSE IN CONTRACTS AWARDED 
BEFORE EFFECTIVE DATE.—At the time of any major modification 
to a contract that was awarded before the date that is 180
H. R. 4310—206 
days after the date of the enactment of this Act, the head 
of the contracting agency shall make best efforts to include 
in the contract a contract clause providing for the applicability 
of the amendments made by this section to the contract. 
SEC. 828. PILOT PROGRAM FOR ENHANCEMENT OF CONTRACTOR 
EMPLOYEE WHISTLEBLOWER PROTECTIONS. 
(a) WHISTLEBLOWER PROTECTIONS.— 
(1) IN GENERAL.—Chapter 47 of title 41, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 4712. Pilot program for enhancement of contractor protec-
tion from reprisal for disclosure of certain informa-
tion 
‘‘(a) PROHIBITION OF REPRISALS.— 
‘‘(1) IN GENERAL.—An employee of a contractor, subcon-
tractor, or grantee may not be discharged, demoted, or other-
wise discriminated against as a reprisal for disclosing to a 
person or body described in paragraph (2) information that 
the employee reasonably believes is evidence of gross mis-
management of a Federal contract or grant, a gross waste 
of Federal funds, an abuse of authority relating to a Federal 
contract or grant, a substantial and specific danger to public 
health or safety, or a violation of law, rule, or regulation related 
to a Federal contract (including the competition for or negotia-
tion of a contract) or grant. 
‘‘(2) PERSONS
AND
BODIES
COVERED.—The persons and 
bodies described in this paragraph are the persons and bodies 
as follows: 
‘‘(A) A Member of Congress or a representative of a 
committee of Congress. 
‘‘(B) An Inspector General. 
‘‘(C) The Government Accountability Office. 
‘‘(D) A Federal employee responsible for contract or 
grant oversight or management at the relevant agency. 
‘‘(E) An authorized official of the Department of Justice 
or other law enforcement agency. 
‘‘(F) A court or grand jury. 
‘‘(G) A management official or other employee of the 
contractor, subcontractor, or grantee who has the responsi-
bility to investigate, discover, or address misconduct. 
‘‘(3) RULES OF CONSTRUCTION.—For the purposes of para-
graph (1)— 
‘‘(A) an employee who initiates or provides evidence 
of contractor, subcontractor, or grantee misconduct in any 
judicial or administrative proceeding relating to waste, 
fraud, or abuse on a Federal contract or grant shall be 
deemed to have made a disclosure covered by such para-
graph; and 
‘‘(B) a reprisal described in paragraph (1) is prohibited 
even if it is undertaken at the request of an executive 
branch official, unless the request takes the form of a 
non-discretionary directive and is within the authority of 
the executive branch official making the request. 
‘‘(b) INVESTIGATION OF COMPLAINTS.—
H. R. 4310—320 
(B) in paragraph (2)(G), by striking ‘‘Director’’ both 
places it appears and inserting ‘‘Assistant Secretary’’. 
(d) CROSS-REFERENCE AMENDMENTS
IN TITLE 10.—Title 10, 
United States Code, is amended as follows: 
(1) Section 1722b(c) is amended— 
(A) in paragraph (3), by striking ‘‘subsections (b)(2)(A) 
and (b)(2)(B)’’ and inserting ‘‘subsections (b)(1)(A) and 
(b)(1)(B)’’; and 
(B) in paragraph (4), by striking ‘‘1734(d), or 1736(c)’’ 
and inserting ‘‘or 1734(d)’’. 
(2) Section 1787(b) is amended— 
(A) by striking ‘‘section 3(1)’’ and inserting ‘‘section 
3’’; and 
(B) by striking ‘‘42 U.S.C. 5102’’ and inserting ‘‘Public 
Law 93–247; 42 U.S.C. 5101 note’’. 
(3) Section 2382(b)(1) is amended by inserting ‘‘of the Small 
Business Act (15 U.S.C. 657q(c)(4))’’ after ‘‘section 44(c)(4)’’. 
(4) Section 2474(d) is amended by striking ‘‘section 2667(d)’’ 
and inserting ‘‘section 2667(e)’’. 
(5) Section 2548(e)(2) is amended by striking ‘‘section 103(f) 
of the Weapon Systems Acquisition Reform Act of 2009 (10 
U.S.C. 2430 note),’’ and inserting ‘‘section 2438(f) of this title’’. 
(6) Section 2925 is amended— 
(A) in subsection (a)(1), by striking ‘‘section 533’’ and 
inserting ‘‘section 553’’; and 
(B) in subsection (b)(1), by striking ‘‘section 139b’’ and 
inserting ‘‘section 138c’’. 
(e) DATE OF ENACTMENT REFERENCES.—Title 10, United States 
Code, is amended as follows: 
(1) Section 1564(a)(2)(B) is amended by striking ‘‘the date 
of the enactment of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011’’ in clauses (ii) and (iii) and 
inserting ‘‘January 7, 2011’’. 
(2) Section 2216a(e) is amended by striking ‘‘on the last 
day of’’ and all that follows and inserting ‘‘on September 30, 
2015.’’. 
(3) Section 2359b(k)(5) is amended by striking ‘‘the date 
that is five years after the date of the enactment of this Act’’ 
and inserting ‘‘January 7, 2016’’. 
(4) Section 2649(c) is amended by striking ‘‘During the 
5-year period beginning on the date of the enactment of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 
2011’’ and inserting ‘‘Until January 6, 2016’’. 
(5) Section 2790(g)(1) is amended by striking ‘‘on or after 
the date of the enactment of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011’’ and inserting ‘‘after 
January 6, 2011,’’. 
(6) Sections 3911(b)(2), 6323(a)(2)(B), and 8911(b)(2) are 
amended by striking ‘‘the date of the enactment of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 
2011’’ and inserting ‘‘January 7, 2011,’’. 
(7) Section 10217(d)(3) is amended by striking ‘‘after the 
end of the 2-year period beginning on the date of the enactment 
of this subsection’’ and inserting ‘‘after January 6, 2013’’. 
(f) OTHER MISCELLANEOUS AMENDMENTS TO TITLE 10.—Title 
10, United States Code, is amended as follows:
H. R. 4310—321 
(1) Section 113(c)(2) is amended by striking ‘‘on’’ after 
‘‘Board on’’. 
(2) The table of sections at the beginning of chapter 4 
is amended by striking the item relating to section 133b. 
(3) Paragraph (3) of section 138(c), as added by section 
314(a) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1357), is transferred 
to appear at the end of section 138c(c). 
(4) Section 139a(d)(4) is amended by adding a period at 
the end. 
(5) Section 139b(a)(6) is amended by striking ‘‘propriety’’ 
and inserting ‘‘proprietary’’. 
(6) The item relating to section 225 at the end of the 
table of sections at the beginning of chapter 9 is transferred 
to appear after the item relating to section 224. 
(7) Section 401(d) is amended by striking ‘‘Committee on 
International Relations’’ and inserting ‘‘Committee on Foreign 
Affairs’’. 
(8) Section 843(b)(2)(B)(v) (article 43 of the Uniform Code 
of Military Justice) is amended by striking ‘‘Kidnaping,,’’ and 
inserting ‘‘Kidnaping,’’. 
(9) Section 920(g)(7) (article 120 of the Uniform Code of 
Military Justice) is amended by striking the second period 
at the end. 
(10) Section 983(b)(1) is amended by striking ‘‘or Secretary’’ 
and inserting ‘‘or the Secretary’’. 
(11) Section 1086(b)(1) is amended by striking ‘‘clause (2)’’ 
and inserting ‘‘paragraph (2)’’. 
(12) Section 1142(b)(10) is amended by striking ‘‘training,,’’ 
and inserting ‘‘training,’’. 
(13) Section 1143(a) is amended by inserting after ‘‘Coast 
Guard’’ the following: ‘‘when it is not operating as a service 
in the Navy’’. 
(14) Section 1143a(h) is amended by inserting after ‘‘Coast 
Guard’’ the second place it appears the following: ‘‘when it 
is not operating as a service in the Navy’’. 
(15) Section 1145(e) is amended by inserting before the 
period at the end the following: ‘‘when the Coast Guard is 
not operating as a service in the Navy’’. 
(16) Section 1146(b) is amended by inserting before the 
period at the end the following: ‘‘when the Coast Guard is 
not operating as a service in the Navy’’. 
(17) Section 1149 is amended by inserting after ‘‘Coast 
Guard’’ the following: ‘‘when it is not operating as a service 
in the Navy’’. 
(18) Section 1150(c) is amended by inserting after ‘‘Coast 
Guard’’ the second place it appears the following: ‘‘when it 
is not operating as a service in the Navy’’. 
(19) Section 1401(a) is amended by striking ‘‘columns 1, 
2, 3, and 4,’’ in the matter preceding the table and inserting 
‘‘columns 1, 2, and 3,’’. 
(20) Section 1599a(a) is amended by striking ‘‘National 
Security Act’’ and inserting ‘‘National Security Agency Act’’. 
(21) Section 1781(a) is amended— 
(A) in the first sentence, by striking ‘‘Director’’ and 
inserting ‘‘Office’’; 
(B) in the first sentence, by striking ‘‘hereinafter’’; and
H. R. 4310—322 
(C) in the second sentence, by striking ‘‘office’’ both 
places it appears and inserting ‘‘Office’’. 
(22) Section 1790, as added by section 8070 of division 
A of Public 112–74 (125 Stat. 822), is amended— 
(A) by striking the section heading and inserting the 
following: 
‘‘§ 1790. Military personnel citizenship processing’’; 
(B) by striking ‘‘AUTHORIZATION OF PAYMENTS.—’’; 
(C) by striking ‘‘title 10, United States Code’’ and 
inserting ‘‘this title’’; 
(D) by striking ‘‘8 U.S.C. §§ 1439’’ and inserting ‘‘8 
U.S.C. 1439’’; and 
(E) by striking ‘‘sections 286(m) and (n) of such Act 
(8 U.S.C. § 1356(m))’’ and inserting ‘‘subsections (m) and 
(n) of section 286 of such Act (8 U.S.C. 1356)’’. 
(23) Section 2006(b)(2) is amended by redesignating the 
second subparagraph (E) (as added by section 109(b)(2)(B) of 
Public Law 111–377 (124 Stat. 4120), effective August 1, 2011) 
as subparagraph (F). 
(24) Section 2318(a)(2) is amended by striking ‘‘section 
1705(b) and (c)’’ and inserting ‘‘subsections (b) and (c) of section 
1705’’. 
(25) Section 2350m(e) is amended by striking ‘‘Not later 
than October 31, 2009, and annually thereafter’’ and inserting 
‘‘Not later than October 31 each year’’. 
(26) Section 2401 is amended by striking ‘‘the Committee 
on Armed Services and the Committee on Appropriations of 
the Senate and the Committee on Armed Services and the 
Committee on Appropriations of the House of Representatives’’ 
in subsections (b)(1)(B) and (h)(1) and inserting ‘‘the congres-
sional defense committees’’. 
(27) Section 2438(a)(3) is amended by inserting ‘‘the senior’’ 
before ‘‘official’s’’. 
(28) Section 2461(d)(2) is amended by striking ‘‘that Act’’ 
and inserting ‘‘such section’’. 
(29) 
Section 
2533a(k) 
is 
amended 
by 
striking 
‘‘FedBizOps.gov’’ and inserting ‘‘FedBizOpps.gov’’. 
(30) Section 2548 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘Not later than’’ and all that follows 
through ‘‘the Secretary’’ and inserting ‘‘The Secretary’’; 
and 
(ii) by adding a period at the end of paragraph 
(3); 
(B) in subsection (d)— 
(i) in the subsection heading, by inserting ‘‘AND’’ 
after ‘‘PERFORMANCE’’ the second place it appears; and 
(ii) by striking ‘‘Beginning with fiscal year 2012, 
the’’ and inserting ‘‘The’’; and 
(C) in subsection (e)(1), by striking ‘‘, United States 
Code,’’. 
(31) Section 2561(f)(2) is amended by striking ‘‘Committee 
on International Relations’’ and inserting ‘‘Committee on For-
eign Affairs’’.