253 
or such other monetary consideration as determined by the 
Secretary of the Army. The Secretary shall ensure that the 
objective of generating revenue for the United States is sub-
ordinate to the objectives of honoring the service and sac-
rifices of the deceased members of the armed forces and of 
providing necessary and appropriate services for visitors to 
the Cemeteries at reasonable rates. 
‘‘(e) SPECIAL ACCOUNT.—All franchise fees (and other 
monetary consideration) collected by the United States 
under subsection (d) shall be deposited into a special ac-
count established in the Treasury of the United States. The 
funds deposited in such account shall be available for ex-
penditure by the Secretary of the Army, to the extent au-
thorized and in such amounts as are provided in advance 
in appropriations Acts, to support activities at the Ceme-
teries. The funds deposited into the account shall remain 
available until expended. 
‘‘(f) CONCESSION CONTRACT DEFINED.—In this sec-
tion, the term ‘concession contract’ means a contract au-
thorized and entered into under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘4727. Cemetery concessions contracts.’’. 
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254 
SEC. 593. COMMISSION ON MILITARY BEHAVIORAL HEALTH 
AND DISCIPLINARY ISSUES. 
(a) ESTABLISHMENT OF COMMISSION.—There is estab-
lished the Commission on Military Behavioral Health and 
Disciplinary Issues (in this section referred to as the ‘‘Com-
mission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 10 members, of whom— 
(A) two shall be appointed by the President; 
(B) two shall be appointed by the Chairman 
of the Committee on Armed Services of the Sen-
ate; 
(C) two shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the Senate; 
(D) two shall be appointed by the Chair-
man of the Committee on Armed Services of the 
House of Representatives; and 
(E) two shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the House of Representatives. 
(2) APPOINTMENT DATE.—The appointments of 
the members of the Commission shall be made not 
later than 30 days after the date of the enactment of 
this Act. If one or more appointments under a sub-
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255 
paragraph of paragraph (1) is not made by such ap-
pointment date, the authority to make such appoint-
ment or appointments shall expire, and the number 
of members of the Commission shall be reduced by the 
number equal to the number of appointments not 
made. 
(3) 
EXPERTISE.—In 
making 
appointments 
under this subsection, consideration should be given to 
individuals with expertise in service-connected mental 
disorders, post-traumatic stress disorder (PTSD), 
traumatic brain injury (TBI), psychiatry, behavioral 
health, neurology, as well as disciplinary matters and 
military justice. 
(4) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall not af-
fect its powers, but shall be filled in the same manner 
as the original appointment. 
(5) INITIAL MEETING.—Not later than 30 days 
after the appointment date specified in paragraph 
(2), the Commission shall hold its first meeting. 
(6) MEETINGS.—The Commission shall meet at 
the call of the Chair. A majority of the members of 
the Commission shall constitute a quorum, but a less-
er number of members may hold hearings. 
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(7) CHAIR AND VICE CHAIRMAN.—The Commis-
sion shall select a Chair and Vice Chair from among 
its members. 
(c) STUDY AND REPORT.— 
(1) STUDY REQUIRED.—The Commission shall 
undertake a comprehensive study of whether— 
(A) the Department of Defense mechanisms 
for disciplinary action adequately address the 
impact of service-connected mental disorders and 
TBI on the basis for the disciplinary action; and 
(B) whether the disciplinary mechanisms 
should be revisited in light of new information 
regarding the connection between service-con-
nected mental disorders and TBI, behavioral 
problems, and disciplinary action. 
(2) CONSIDERATIONS.—In considering the De-
partment of Defense mechanisms for disciplinary ac-
tion, the Commission shall give particular consider-
ation to evaluating a structure that examines those 
members diagnosed with or reasonably asserting post 
traumatic stress disorder or traumatic brain injury 
that have been deployed overseas in support of a con-
tingency operation during the previous 24 months 
and how that injury or deployment may constitute 
matters in extenuation that relate to the basis for ad-
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257 
ministrative separation under conditions other than 
honorable or the overall characterization of service of 
the member as other than honorable. 
(3) REPORT.—Not later than June 30, 2014, the 
Commission shall submit to the President and the 
congressional defense committees a report containing 
a detailed statement of the findings and conclusions 
of the Commission as a result of the study required 
by this subsection, together with its recommendations 
for such legislation and administrative actions it may 
consider appropriate in light of the results of the 
study. 
(d) POWERS OF THE COMMISSION.— 
(1) HEARINGS.—The Commission may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the Com-
mission considers advisable to carry out this section. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission may secure directly from any Fed-
eral department or agency such information as the 
Commission considers necessary to carry out this sec-
tion. Upon request of the Chair of the Commission, 
the head of such department or agency shall furnish 
such information to the Commission. 
(e) COMMISSION PERSONNEL MATTERS.— 
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(1) COMPENSATION OF MEMBERS.—All members 
of the Commission who are officers or employees of the 
United States shall serve without compensation in ad-
dition to that received for their services as officers or 
employees of the United States. 
(2) TRAVEL
EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the 
performance of services for the Commission. 
(3) STAFF.—The Chair of the Commission may, 
without regard to the civil service laws and regula-
tions, appoint and terminate an executive director 
and such other additional personnel from as may be 
necessary to enable the Commission to perform its du-
ties. The employment of an executive director shall be 
subject to confirmation by the Commission. The staff 
members should be officers or employees of the United 
States. 
(f) TERMINATION DATE.—The Commission shall ter-
minate 30 days after the date on which the Commission 
submits its report. 
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259 
SEC. 594. COMMISSION ON SERVICE TO THE NATION. 
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the ‘‘Commission on Service to the Na-
tion’’. 
(b) DUTIES.— 
(1) STUDY.—The Commission shall carry out a 
study of the following: 
(A) The effect of warfare, focusing on recent 
wars and conflicts, on members of the Armed 
Forces, the families of members, and the commu-
nities of members. 
(B) The outgoing experience and transition 
between military and civilian life. 
(C) The gaps between the military and those 
Americans who do not participate directly in the 
military community. 
(2) TESTIMONY
AND
RESEARCH.—In carrying 
out the study under paragraph (1), the Commission 
shall— 
(A) hear testimony from all aspects of mili-
tary and civilian life, including public, private, 
individual and institutional stakeholders, with 
personal testimony, expert testimony, academic 
testimony, as well as testimony from association 
and community leaders, and other testimony as 
appropriate; 
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(B) hear and accept testimony in an open 
and public manner, accepting testimony in a 
wide variety of ways for each hearing, including 
submissions made through a public internet 
website, and testimony heard remotely if appro-
priate; 
(C) retain the records of all hearings and 
artifacts of testimony for the purposes of histor-
ical documentation and research; 
(D) assess the social, mental, and physical 
effects of war on active members of the Armed 
Forces, the families of members, and the commu-
nities of members and the preparation they re-
ceive for transitioning out of the military; and 
(E) assess the existing academic and social 
science research and analysis on transition from 
active military to civilian life. 
(3) RECOMMENDATIONS.—The Commission shall 
make recommendations, based on the analyses in sub-
paragraphs (A) through (C) of paragraph (1), on how 
to better— 
(A) support the transition to civilian life of 
a member of the Armed Forces; 
(B) support the families and communities 
of the member; and 
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261 
(C) better connect the military community 
and civilians. 
(4) WEBSITE.—The Commission shall maintain 
an Internet website available to the public to— 
(A) share the schedule of the Commission; 
(B) notify the public of events; 
(C) accept feedback; and 
(D) post records of events and other infor-
mation to inform the public in a manner con-
sistent with the mission of the Commission. 
(c) COMPOSITION.— 
(1) MEMBERS.—The Commission shall be com-
posed of 15 members appointed as follows: 
(A) Four members appointed by Majority 
Leader of the Senate, in consultation with the 
chairman of the Committee on Armed Services of 
the Senate. 
(B) Four members appointed by the Speak-
er of the House of Representatives, in consulta-
tion with the chairman of the Committee on 
Armed Services of the House of Representatives. 
(C) Two members appointed by the Minor-
ity Leader of the Senate, in consultation with 
the ranking minority member of the Committee 
on Armed Services of the Senate. 
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262 
(D) Two members appointed by the Minor-
ity Leader of the House of Representatives, in 
consultation with the ranking minority member 
of the Committee on Armed Service of the House 
of Representatives. 
(E) Three members appointed by the Presi-
dent. 
(2) QUALIFICATIONS.—The members of the Com-
mission shall be appointed from among persons who 
have knowledge and expertise in the following areas: 
(A) The effects of war on members of the 
Armed Forces, their families, and society. 
(B) The process of transitioning out of the 
Armed Forces. 
(C) The resources available to members and 
their families as members transition out of the 
Armed Forces and into society. 
(D) Personnel benefits, including healthcare 
and job training, available to members. 
(E) Policy making and policy analysis. 
(3) SERVICE REQUIREMENT.—Not less than one 
member of the Commission appointed under each of 
subparagraphs (A) through (E) of paragraph (1) shall 
have served in the Armed Forces. 
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263 
(4) DURATION AND VACANCIES.—Members of the 
Commission shall be appointed for the life of the 
Commission. A vacancy in the membership of the 
Commission shall not affect the powers of the Com-
mission, but shall be filled in the same manner as the 
original appointment. 
(5) CHAIRMAN.—The President shall designate a 
member of the Commission to serve as chairman of 
the Commission. 
(6) DEADLINE
FOR
APPOINTMENT.—The mem-
bers shall be appointed by not later than 90 days 
after the date of the enactment of this Act 
(d) PROCEDURES.— 
(1) INITIAL
MEETING.—The Commission shall 
hold its initial meeting not later than 30 days after 
the date on which all members of the Commission 
have been appointed. 
(2) MEETINGS.—After the initial meeting under 
paragraph (1), the Commission shall meet at the call 
of the chairman. 
(3) QUORUM.—Four members of the Commission 
shall constitute a quorum, but a lesser number of 
members may hold hearings. 
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264 
(4) PROCEDURE.—The Commission shall act by 
resolution agreed to by a majority of the members of 
the Commission. 
(5) PANELS.—The Commission may establish 
panels composed of less than the full membership of 
the Commission for the purpose of carrying out the 
Commission’s duties. The actions of each such panel 
shall be subject to the review and control of the Com-
mission. Any findings and determinations made by 
such a panel shall not be considered the findings and 
determinations of the Commission unless approved by 
the Commission. 
(e) COMPENSATION AND STAFF.— 
(1) PAY.—Each member 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 5316 of title 5, 
United States Code, for each day (including travel 
time) during which the member is engaged in the per-
formance of the duties of the Commission. All mem-
bers of the Commission who are officers or employees 
of the United States shall serve without pay in addi-
tion to that received for their services as officers or 
employees of the United States. 
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265 
(2) TRAVEL
EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the 
performance of services for the Commission. 
(3) EXECUTIVE
DIRECTOR.—The Commission 
shall appoint and fix the rate of basic pay for an Ex-
ecutive Director in accordance with section 3161 of 
title 5, United States Code. 
(4) STAFF.—The Executive 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. 
(5) DETAIL
OF
GOVERNMENT
EMPLOYEES.— 
Upon request of the chairman of the Commission, the 
head of any Federal department or agency may de-
tail, on a nonreimbursable basis, any personnel of 
that department or agency to the Commission to as-
sist it in carrying out its duties. 
(f) POWERS.— 
(1) HEARINGS.—For the purpose of carrying out 
this Act, the Commission (or on the authority of the 
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266 
Commission, any subcommittee or member) may hold 
such hearings and forums, and sit and act at such 
times and places, take such testimony, receive such 
evidence, and administer such oaths as the Commis-
sion considers appropriate. The Commission shall 
hold not less than one hearing in each State and the 
District of Columbia, and may hold hearings and fo-
rums in any commonwealth, territory, or possession 
of the United States as the Commission determines 
appropriate. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission, or designated staff member, may se-
cure directly from any department or agency of the 
United States information necessary to enable it to 
carry out this Act. Upon request of the chairman of 
the Commission, the chairman of any subcommittee 
created by a majority of the Commission, or any 
member designated by a majority of the Commission, 
the head of that department or agency shall furnish 
that information to the Commission. 
(3) MISCELLANEOUS ADMINISTRATIVE AND SUP-
PORT SERVICES.—The Secretary of Defense shall fur-
nish the Commission, on a reimbursable basis, any 
administrative and support services requested by the 
Commission. 
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267 
(4) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The chairman of the Commis-
sion may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, 
at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay payable for 
level V of the Executive Schedule under section 5316 
of such title. 
(5) GIFTS.—The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or 
property, both real and personal, for the purpose of 
aiding or facilitating the work of the Commission. 
Gifts, bequests, or devises of money and proceeds from 
sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall 
be available for disbursement upon order of the chair-
man, vice chairman, or designee. 
(g) REPORTS.— 
(1) INITIAL REPORT.—Not later than 90 days 
after the initial meeting of the Commission, the Com-
mission shall submit to the President, the Secretary 
of Defense, and the Committees on Armed Services of 
the Senate and the House of Representatives, and re-
lease to the public, a report setting forth— 
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268 
(A) a strategic plan for the work of the 
Commission; 
(B) a discussion of the activities of the 
Commission; and 
(C) any initial findings of the Commission. 
(2) FINAL REPORT.—Not later than 18 months 
after the initial meeting of the Commission, the Com-
mission shall submit to the President, the Secretary 
of Defense, and the Committees on Armed Services of 
the Senate and the House of Representatives, and re-
lease to the public, a final report. Such report shall 
include any recommendations developed under sub-
section (b)(3) that the Commission determines appro-
priate, including any recommended legislation, poli-
cies, regulations, directives, and practices. 
(h) TERMINATION.—The Commission shall terminate 
90 days after the date on which the final report is submitted 
under subsection (g)(2). 
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269 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. EXTENSION OF AUTHORITY TO PROVIDE TEM-
PORARY INCREASE IN RATES OF BASIC AL-
LOWANCE FOR HOUSING UNDER CERTAIN 
CIRCUMSTANCES. 
Section 403(b)(7)(E) of title 37, United States Code, 
is amended by striking ‘‘December 31, 2013’’ and inserting 
‘‘December 31, 2014’’. 
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, 2013’’ and insert-
ing ‘‘December 31, 2014’’: 
(1) Section 308b(g), relating to Selected Reserve 
reenlistment bonus. 
(2) Section 308c(i), relating to Selected Reserve 
affiliation or enlistment bonus. 
(3) Section 308d(c), relating to special pay for 
enlisted members assigned to certain high-priority 
units. 
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(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 478a(e), relating to reimbursement of 
travel expenses for inactive-duty training outside of 
normal commuting distance. 
(8) Section 910(g), relating to income replace-
ment payments for reserve component members expe-
riencing extended and frequent mobilization for active 
duty service. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR HEALTH 
CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections 
of title 10, United States Code, are amended by striking 
‘‘December 31, 2013’’ and inserting ‘‘December 31, 2014’’: 
(1) Section 2130a(a)(1), relating to nurse officer 
candidate accession program. 
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275 
SEC. 617. AUTHORITY TO PROVIDE BONUS TO CERTAIN CA-
DETS AND MIDSHIPMEN ENROLLED IN THE 
SENIOR 
RESERVE 
OFFICERS’ 
TRAINING 
CORPS. 
(a) BONUS AUTHORIZED.—Chapter 5 of title 37, 
United States Code, is amended by inserting after section 
335 the following new section: 
‘‘§ 336. Contracting bonus for cadets and midshipmen 
enrolled in the Senior Reserve Officers’ 
Training Corps 
‘‘(a) CONTRACTING BONUS AUTHORIZED.—The Sec-
retary concerned may pay a bonus under this section to 
a cadet or midshipman enrolled in the Senior Reserve Offi-
cers’ Training Corps who executes a written agreement de-
scribed in subsection (c). 
‘‘(b) AMOUNT OF BONUS.—The amount of a bonus 
under subsection (a) may not exceed $5,000. 
‘‘(c) AGREEMENT.—A written agreement referred to in 
subsection (a) is a written agreement by the cadet or mid-
shipman— 
‘‘(1) to complete field training or a practice 
cruise under section 2104(b)(6)(A)(ii) of title 10; 
‘‘(2) to complete advanced training under chap-
ter 103 of title 10; 
‘‘(3) to accept a commission or appointment as 
an officer of the armed forces; and 
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276 
‘‘(4) to serve on active duty. 
‘‘(d) PAYMENT METHOD.—Upon acceptance of a writ-
ten agreement under subsection (a) by the Secretary con-
cerned, the total amount of the bonus payable under the 
agreement becomes fixed. The agreement shall specify when 
the bonus will be paid and whether the bonus will be paid 
in a lump sum or in installments. 
‘‘(e) REPAYMENT.—A person who, having received all 
or part of a bonus under subsection (a), fails to fulfill the 
terms of the written agreement required by such subsection 
for receipt of the bonus shall be subject to the repayment 
provisions of section 373 of this title. 
‘‘(f) REGULATIONS.—The Secretary concerned shall 
issue such regulations as may be necessary to carry out this 
section. 
‘‘(g) TERMINATION
OF AUTHORITY.—No agreement 
under this section may be entered into after December 31, 
2015.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 335 the following new item: 
‘‘336. Contracting bonus for cadets and midshipmen enrolled in the Senior Reserve 
Officers’ Training Corps.’’. 
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277 
Subtitle C—Disability, Retired Pay, 
Survivor, and Transitional Benefits 
SEC. 621. TRANSITIONAL COMPENSATION AND OTHER BEN-
EFITS FOR DEPENDENTS OF CERTAIN MEM-
BERS SEPARATED FOR VIOLATION OF THE 
UNIFORM CODE OF MILITARY JUSTICE. 
(a) IN GENERAL.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1059 the 
following new section: 
‘‘§ 1059a. Dependents of certain members separated 
for Uniform Code of Military Justice of-
fenses: transitional compensation; com-
missary and exchange benefits 
‘‘(a) AUTHORITY TO PAY COMPENSATION.—The Sec-
retary of Defense, with respect to the armed forces (other 
than the Coast Guard when it is not operating as a service 
in the Navy), and the Secretary of Homeland Security, with 
respect to the Coast Guard when it is not operating as a 
service in the Navy, may each establish a program under 
which the Secretary may pay monthly transitional com-
pensation in accordance with this section to dependents or 
former dependents of a member of the armed forces described 
in subsection (b) who is under the jurisdiction of the Sec-
retary. 
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278 
‘‘(b) MEMBERS AND PUNITIVE ACTIONS COVERED.— 
This section applies in the case of a member of the armed 
forces who, after completing more than 20 years of active 
service or more than 20 years of service computed under 
section 12732 of this title— 
‘‘(1) is convicted by court-martial of an offense 
under chapter 47 of this title (the Uniform Code of 
Military Justice); 
‘‘(2) is separated from active duty pursuant to 
the sentence of the court-martial; and 
‘‘(3) forfeits all pay and allowances pursuant to 
the sentence of the court-martial. 
‘‘(c) RECIPIENT OF PAYMENTS.—(1) In the case of a 
member of the armed forces described in subsection (b), the 
Secretary may pay compensation under this section to de-
pendents or former dependents of the member as follows: 
‘‘(A) If the member was married at the time of 
the commission of the offense resulting in separation 
from the armed forces, such compensation may be 
paid to the spouse or former spouse to whom the 
member was married at that time, including an 
amount for each, if any, dependent child of the mem-
ber who resides in the same household as that spouse 
or former spouse. 
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‘‘(B) If there is a spouse or former spouse who 
is or, but for subsection (d)(2), would be eligible for 
compensation under this section and if there is a de-
pendent child of the member who does not reside in 
the same household as that spouse or former spouse, 
compensation under this section may be paid to each 
such dependent child of the member who does not re-
side in that household. 
‘‘(C) If there is no spouse or former spouse who 
is or, but for subsection (d)(2), would be eligible 
under this section, compensation under this section 
may be paid to the dependent children of the member. 
‘‘(2) A dependent or former dependent of a member 
described in subsection (b) is not eligible for transitional 
compensation under this section if the Secretary concerned 
determines (under regulations prescribed under subsection 
(g)) that the dependent or former dependent was an active 
participant in the conduct constituting the offense under 
chapter 47 of this title (the Uniform Code of Military Jus-
tice) for which the member was convicted and separated 
from the armed forces. 
‘‘(d) COMMENCEMENT AND DURATION OF PAYMENT.— 
(1) If provided under this section, the payment of transi-
tional compensation under this section shall commence— 
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‘‘(A) as of the date the court-martial sen-
tence is adjudged if the sentence, as adjudged, in-
cludes— 
‘‘(i) a dismissal, dishonorable dis-
charge, or bad conduct discharge; and 
‘‘(ii) forfeiture of all pay and allow-
ances; or 
‘‘(B) if there is a pretrial agreement that 
provides for disapproval or suspension of the dis-
missal, dishonorable discharge, bad conduct dis-
charge, or forfeiture of all pay and allowances, 
as of the date of the approval of the court-mar-
tial sentence by the person acting under section 
860(c) of this title (article 60(c) of the Uniform 
Code of Military Justice) if the sentence, as ap-
proved, includes— 
‘‘(i) an unsuspended dismissal, dishon-
orable discharge, or bad conduct discharge; 
and 
‘‘(ii) forfeiture of all pay and allow-
ances. 
‘‘(2) Paragraphs (2) and (3) of subsection (e), para-
graphs (1) and (2) of subsection (g), and subsections (f) and 
(h) of section 1059 of this title shall apply in determining— 
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282 
pensation under this section, that Secretary shall prescribe 
regulations to carry out the program. 
‘‘(h) DEPENDENT CHILD DEFINED.—In this section, 
the term ‘dependent child’, with respect to a member or 
former member of the armed forces referred to in subsection 
(b), has the meaning given such term in subsection (l) of 
section 1059 of this title, except that status as a ‘dependent 
child’ shall be determined as of the date on which the mem-
ber described in subsection (b) is convicted of the offense 
concerned.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 53 of such title is amended by in-
serting after the item relating to section 1059 the following 
new item: 
‘‘1059a. Dependents of certain members separated for Uniform Code of Military 
Justice offenses: transitional compensation; commissary and ex-
change benefits.’’. 
(c) CONFORMING AMENDMENT.—Subsection (i) of sec-
tion 1059 of title 10, United States Code, is amended to 
read as follows: 
‘‘(i) COORDINATION
OF BENEFITS.—The Secretary 
concerned may not make payments to a spouse or former 
spouse under both this section and section 1059a or 
1408(h)(1) of this title. In the case of a spouse or former 
spouse for whom a court order provides for payments by 
the Secretary pursuant to section 1408(h)(1) of this title 
and to whom the Secretary offers payments under this sec-
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283 
tion or section 1059a, the spouse or former spouse shall elect 
which payments to receive.’’. 
SEC. 622. PREVENTION OF RETIRED PAY INVERSION FOR 
MEMBERS WHOSE RETIRED PAY IS COM-
PUTED USING HIGH-THREE AVERAGE. 
(a) CLARIFICATION OF RULE FOR MEMBERS WHO BE-
CAME MEMBERS ON OR AFTER SEPTEMBER 8, 1980.—Sec-
tion 1401a(f)(1) of title 10, United States Code, is amend-
ed— 
(1) by striking ‘‘Notwithstanding any other pro-
vision of law, the monthly retired pay of a member 
or a former member of an armed force’’ and inserting 
the following: 
‘‘(A) MEMBERS WITH RETIRED PAY COM-
PUTED USING FINAL BASIC PAY.—The monthly 
retired pay of a member or former member of an 
armed force who first became a member of a uni-
formed service before September 8, 1980, and’’; 
and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) MEMBERS WITH RETIRED PAY COM-
PUTED
USING
HIGH-THREE.—Subject to sub-
sections (d) and (e), the monthly retired pay of 
a member or former member of an armed force 
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who first became a member of a uniformed serv-
ice on or after September 8, 1980, may not be 
less, on the date on which the member or former 
member initially becomes entitled to such pay, 
than the monthly retired pay to which the mem-
ber or former member would be entitled on that 
date if the member or former member had become 
entitled to retired pay on an earlier date, ad-
justed to reflect any applicable increases in such 
pay under this section. However, in the case of 
a member or former member whose retired pay 
is computed subject to section 1407(f) of this 
title, subparagraph (A) (rather than the pre-
ceding sentence) shall apply in the same manner 
as if the member or former member first became 
a member of a uniformed service before Sep-
tember 8, 1980, but only with respect to a cal-
culation as of the date on which the member or 
former member first became entitled to retired 
pay.’’. 
(b) APPLICABILITY.—Subparagraph (B) of section 
1401a(f)(1) of title 10, United States Code, as added by sub-
section (a)(2), applies to the computation of retired pay or 
retainer pay of any member or former member of an Armed 
Force who first became a member of a uniformed service 
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on or after September 8, 1980, regardless of the date on 
which the member first becomes entitled to retired or re-
tainer pay. 
Subtitle D—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits and Operations 
SEC. 631. EXPANSION OF PROTECTION OF EMPLOYEES OF 
NONAPPROPRIATED FUND INSTRUMENTAL-
ITIES FROM REPRISALS. 
Section 1587(b) of title 10, United States Code, is 
amended by striking ‘‘take or fail to take’’ and inserting 
‘‘take, threaten to take, or fail to take’’. 
SEC. 632. PURCHASE OF SUSTAINABLE PRODUCTS, LOCAL 
FOOD PRODUCTS, AND RECYCLABLE MATE-
RIALS FOR RESALE IN COMMISSARY AND EX-
CHANGE STORE SYSTEMS. 
(a) 
IMPROVED
PURCHASING
EFFORTS.—Section 
2481(c) of title 10, United States Code, is amended by add-
ing at the end the following new paragraph: 
‘‘(3)(A) The governing body established pursuant to 
paragraph (2) shall endeavor to increase the purchase for 
resale at commissary stores and exchange stores of sustain-
able products, local food products, and recyclable materials. 
‘‘(B) As part of its efforts under subparagraph (A), 
the governing body shall develop— 
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‘‘(i) guidelines for the identification of fresh 
meat, poultry, seafood, and fish, fresh produce, and 
other products raised or produced through sustainable 
methods; and 
‘‘(ii) goals, applicable to all commissary stores 
and exchange stores world-wide, to maximize, to the 
maximum extent practical, the purchase of sustain-
able products, local food products, and recyclable ma-
terials by September 30, 2018.’’. 
(b) DEADLINE
FOR ESTABLISHMENT
AND GUIDE-
LINES.—The initial guidelines required by paragraph 
(3)(B)(i) of section 2481(c) of title 10, United States Code, 
as added by subsection (a), shall be issued not later than 
two years after the date of the enactment of this Act. 
SEC. 633. CORRECTION OF OBSOLETE REFERENCES TO 
CERTAIN NONAPPROPRIATED FUND INSTRU-
MENTALITIES. 
Section 2105(c) of title 5, United States Code, is 
amended by striking ‘‘Army and Air Force Motion Picture 
Service, Navy Ship’s Stores Ashore’’ and inserting ‘‘Navy 
Ships Stores Program’’. 
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Subtitle E—Other Matters 
SEC. 641. AUTHORITY TO PROVIDE CERTAIN EXPENSES FOR 
CARE AND DISPOSITION OF HUMAN REMAINS 
RETAINED BY THE DEPARTMENT OF DEFENSE 
FOR FORENSIC PATHOLOGY INVESTIGATION. 
(a) DISPOSITION OF REMAINS OF PERSONS WHOSE 
DEATH IS INVESTIGATED BY THE ARMED FORCES MED-
ICAL EXAMINER.— 
(1) COVERED DECEDENTS.—Section 1481(a) of 
title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
‘‘(10) To the extent authorized under section 
1482(g) of this title, any person not otherwise covered 
by the preceding paragraphs whose remains (or par-
tial remains) have been retained by the Secretary 
concerned for purposes of a forensic pathology inves-
tigation by the Armed Forces Medical Examiner 
under section 1471 of this title.’’. 
(2) AUTHORIZED EXPENSES RELATING TO CARE 
AND DISPOSITION OF REMAINS.—Section 1482 of such 
title is amended by adding at the end the following 
new subsection: 
‘‘(g)(1) The payment of expenses incident to the recov-
ery, care, and disposition of the remains of a decedent cov-
ered by section 1481(a)(10) of this title is limited to those 
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expenses that, as determined under regulations prescribed 
by the Secretary of Defense, would not have been incurred 
but for the retention of those remains for purposes of a fo-
rensic pathology investigation by the Armed Forces Medical 
Examiner under section 1471 of this title. The Secretary 
concerned shall pay all other expenses authorized to be paid 
under this section only on a reimbursable basis. Amounts 
reimbursed to the Secretary concerned under this subsection 
shall be credited to appropriations available at the time of 
reimbursement for the payment of such expenses. 
‘‘(2) In a case covered by paragraph (1), if the person 
designated under subsection (c) to direct disposition of the 
remains of a decedent does not direct disposition of the re-
mains that were retained for the forensic pathology inves-
tigation, the Secretary may pay for the transportation of 
those remains to, and interment or inurnment of those re-
mains in, an appropriate place selected by the Secretary, 
in lieu of the transportation authorized to be paid under 
subsection (a)(8). 
‘‘(3) In a case covered by paragraph (1), expenses that 
may be paid do not include expenses with respect to an 
escort under subsection (a)(8), whether or not on a reim-
bursable basis.’’. 
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(b) CLARIFICATION OF COVERAGE OF INURNMENT.— 
Section 1482(a)(9) of such title is amended by inserting ‘‘or 
inurnment’’ after ‘‘Interment’’. 
(c) TECHNICAL AMENDMENT.—Section 1482(f) of such 
title is amended in the third sentence by striking ‘‘this sub-
section’’ and inserting ‘‘this section’’. 
SEC. 642. PROVISION OF STATUS UNDER LAW BY HON-
ORING CERTAIN MEMBERS OF THE RESERVE 
COMPONENTS AS VETERANS. 
(a) VETERAN STATUS.— 
(1) IN GENERAL.—Chapter 1 of title 38, United 
States Code, is amended by inserting after section 107 
the following new section: 
‘‘§ 107A. Honoring as veterans certain persons who 
performed service in the reserve compo-
nents 
‘‘Any person who is entitled under chapter 1223 of title 
10 to retired pay for nonregular service or, but for age, 
would be entitled under such chapter to retired pay for non-
regular service shall be honored as a veteran but shall not 
be entitled to any benefit by reason of this section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 107 the fol-
lowing new item: 
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‘‘107A. Honoring as veterans certain persons who performed service in the reserve 
components.’’. 
(b) CLARIFICATION REGARDING BENEFITS.—No per-
son may receive any benefit under the laws administered 
by the Secretary of Veterans Affairs solely by reason of sec-
tion 107A of title 38, United States Code, as added by sub-
section (a). 
SEC. 643. SURVEY OF MILITARY PAY AND BENEFITS PREF-
ERENCES. 
(a) SURVEY REQUIRED.—The Secretary of Defense 
shall carry out a anonymous survey of random members 
of the Armed Forces regarding military pay and benefits. 
(b) CONTENT OF SURVEY.—A survey under this section 
shall be conducted for the purpose of soliciting information 
on the following: 
(1) The value that members of the Armed Forces 
place on the following forms of compensation relative 
to one another: 
(A) Basic pay. 
(B) Allowances for housing and subsistence. 
(C) Bonuses and special pays. 
(D) Dependent healthcare benefits. 
(E) Healthcare benefits for retirees under 65 
years old. 
(F) Healthcare benefits for Medicare-eligible 
retirees. 
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(G) Retirement pay. 
(2) How the members value different levels of 
pay or benefits, including the impact of co-payments 
or deductibles on the value of benefits. 
(3) Any other issues related to military pay and 
benefits as the Secretary of Defense considers appro-
priate. 
(4) How information collected pursuant to a pre-
vious paragraph varies by age, rank, dependent sta-
tus, and other factors the Secretary of Defense con-
siders appropriate. 
(c) SUBMISSION OF RESULTS.—Upon the completion 
of a survey conducted under this section, the Secretary of 
Defense shall submit to Congress and make publicly avail-
able a report containing the results of the survey, including 
both the analyses and the raw data collected. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—Improvements to Health 
Benefits 
SEC. 701. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 
OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 1074m of title 10, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
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(A) by redesignating subparagraph (B) and 
(C) as subparagraph (C) and (D), respectively; 
and 
(B) by inserting after subparagraph (A) the 
following: 
‘‘(B) Once during each 180-day period dur-
ing which a member is deployed.’’; and 
(2) in subsection (c)(1)(A)— 
(A) in clause (i), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) by redesignating clause (ii) as clause 
(iii); and 
(C) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) by personnel in deployed units 
whose responsibilities include providing 
unit health care services if such personnel 
are available and the use of such personnel 
for the assessments would not impair the 
capacity of such personnel to perform higher 
priority tasks; and’’. 
(b) CONFORMING AMENDMENT.—Section 1074m(a)(2) 
of title 10, United States Code, is amended by striking ‘‘sub-
paragraph (B) and (C)’’ and inserting ‘‘subparagraph (C) 
and (D)’’. 
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293 
SEC. 702. PERIODIC MENTAL HEALTH ASSESSMENTS FOR 
MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1074m 
the following new section: 
‘‘§ 1074n. Periodic mental health assessments for 
members of the armed forces 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
provide periodic, person-to-person mental health assess-
ments to each member of the armed forces serving on active 
duty. 
‘‘(b) FREQUENCY.—The Secretary shall determine the 
frequency of the mental health assessments provided under 
subsection (a). 
‘‘(c) ELEMENTS.—(1) The mental health assessments 
provided under subsection (a) shall meet the requirements 
for mental health assessments as described in section 
1074m(c)(1) of this title. 
‘‘(2) The Secretary may treat health assessments and 
other person-to-person assessments that are provided to 
members of the armed forces, including examinations under 
sections 1074f and 1074m of this title, as meeting the re-
quirements for mental health assessments required under 
subsection (a) if the Secretary determines that such assess-
ments and person-to-person assessments meet the require-
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294 
ments for mental health assessments established by this sec-
tion. 
‘‘(d) SHARING OF INFORMATION.—Section 1074m(e) of 
this title, regarding the sharing of information with the Sec-
retary of Veterans Affairs, shall apply to mental health as-
sessments provided under subsection (a). 
‘‘(e) REGULATIONS.—The Secretary of Defense, in con-
sultation with the other administering Secretaries, shall 
prescribe regulations for the administration of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1074m the following new item: 
‘‘1074n. Periodic mental health assessments for members of the armed forces.’’. 
Subtitle B—Health Care 
Administration 
SEC. 711. FUTURE AVAILABILITY OF TRICARE PRIME FOR 
CERTAIN 
BENEFICIARIES 
ENROLLED 
IN 
TRICARE PRIME. 
Section 732 of the National Defense Authorization Act 
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1816) 
is amended— 
(1) by redesignating subsection (b) as subsection 
(c); and 
(2) by inserting the following new subsection: 
‘‘(b) ACCESS TO TRICARE PRIME.— 
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‘‘(1) ONE-TIME
ELECTION.—Subject to para-
graph (3), the Secretary shall ensure that each af-
fected 
eligible 
beneficiary 
who 
is 
enrolled 
in 
TRICARE Prime as of September 30, 2013, may 
make a one-time election to continue such enrollment 
in TRICARE Prime, notwithstanding that a contract 
described in subsection (a)(2)(A) does not allow for 
such enrollment based on the location in which such 
beneficiary resides. The beneficiary may continue 
such enrollment in TRICARE Prime so long as the 
beneficiary resides in the same ZIP code as the ZIP 
Code in which the beneficiary resided at the time of 
such election. 
‘‘(2) ENROLLMENT IN TRICARE STANDARD.—If 
an affected eligible beneficiary makes the one-time 
election under paragraph (1), the beneficiary may 
thereafter elect to enroll in TRICARE Standard at 
any time in accordance with a contract described in 
subsection (a)(2)(A). 
‘‘(3) RESIDENCE AT TIME OF ELECTION.—An af-
fected eligible beneficiary may not make the one-time 
election under paragraph (1) if, at the time of such 
election, the beneficiary does not reside in a ZIP code 
that is in a region described in subsection (c)(1)(B).’’. 
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296 
SEC. 712. COOPERATIVE HEALTH CARE AGREEMENTS BE-
TWEEN THE MILITARY DEPARTMENTS AND 
NON-MILITARY HEALTH CARE ENTITIES. 
Section 713 of the National Defense Authorization Act 
of 2010 (Public Law 111–84; 10 U.S.C. 1073 note) is 
amended— 
(1) in subsection (a), by striking ‘‘Secretary of 
Defense’’ and inserting ‘‘Secretary concerned’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Secretary shall’’ and in-
serting ‘‘Secretary concerned shall’’; 
(B) in paragraph (1)(A), by inserting ‘‘if 
the Secretary establishing such agreement is the 
Secretary of Defense’’ before the semicolon; and 
(C) in paragraph (3), by inserting ‘‘or the 
military department concerned’’ after ‘‘the De-
partment of Defense’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘Secretary concerned’ means— 
‘‘(1) the Secretary of a military department; or 
‘‘(2) the Secretary of Defense.’’. 
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SEC. 713. LIMITATION ON AVAILABILITY OF FUNDS FOR IN-
TEGRATED ELECTRONIC HEALTH RECORD 
PROGRAM. 
(a) LIMITATION.— Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fiscal 
year 2014 for procurement or research, development, test, 
and evaluation for the Department of Defense for the inte-
grated electronic health record program, not more than 75 
percent may be obligated or expended until a period of 30 
days has elapsed following the date on which the Secretary 
of Defense submits to the congressional defense committees 
a report detailing an analysis of alternatives for the plan 
of the Secretary to proceed with such program. 
(b) MATTERS INCLUDED.—The report under subsection 
(a) shall include the following: 
(1) A description of the key performance require-
ments for the integrated electronic health record pro-
gram capability. 
(2) An analysis of alternatives for how to ac-
quire and implement an integrated electronic health 
record capability that meets such requirements. 
(3) An assessment of the budgetary resources and 
timeline required for each of the evaluated alter-
natives. 
(4) A recommendation by the Secretary with re-
spect to the alternative preferred by the Secretary. 
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SEC. 714. PILOT PROGRAM ON INCREASED THIRD-PARTY 
COLLECTION REIMBURSEMENTS IN MILITARY 
MEDICAL TREATMENT FACILITIES. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense, in 
coordination with the Secretaries of the military de-
partments, shall carry out a pilot program to dem-
onstrate and assess the feasibility of implementing 
processes described in paragraph (2) to increase the 
amounts collected under section 1095 of title 10, 
United States Code, from a third-party payer for 
charges for health care services incurred by the United 
States at a military medical treatment facility. 
(2) PROCESSES DESCRIBED.—The processes de-
scribed in this paragraph are revenue-cycle manage-
ment processes, including cash-flow management and 
accounts-receivable processes. 
(b) REQUIREMENTS.—In carrying out the pilot pro-
gram under subsection (a)(1), the Secretary shall— 
(1) identify and analyze the best practice option, 
including commercial best practices, with respect to 
the processes described in subsection (a)(2) that are 
used in nonmilitary health care facilities; and 
(2) conduct a cost-benefit analysis to assess 
measurable results of the pilot program, including an 
analysis of— 
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(A) the different processes used in the pilot 
program; 
(B) the amount of third-party collections 
that resulted from such processes; 
(C) the cost to implement and sustain such 
processes; and 
(D) any other factors the Secretary deter-
mines appropriate to assess the pilot program. 
(c) LOCATIONS.—The Secretary shall carry out the 
pilot program under subsection (a)(1)— 
(1) at military installations that have a mili-
tary medical treatment facility with inpatient and 
outpatient capabilities; 
(2) at a number of such installations at different 
military departments that the Secretary determines 
sufficient to fully assess the results of the pilot pro-
gram. 
(d) DURATION.—The Secretary shall commence the 
pilot program under subsection (a)(1) by not later than 270 
days after the date of the enactment of this Act and shall 
carry out such program for three years. 
(e) REPORT.—Not later than 180 days after com-
pleting the pilot program under subsection (a)(1), the Sec-
retary shall submit to the congressional defense committees 
a report describing the results of the program, including— 
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(1) a comparison of— 
(A) the processes described in subsection 
(a)(2) that were used in the military medical 
treatment facilities participating in the pro-
gram; and 
(B) the third-party collection processes used 
by military medical treatment facilities not in-
cluded in the program; 
(2) a cost analysis of implementing the processes 
described in subsection (a)(2) for third-party collec-
tions at military medical treatment facilities; and 
(3) an assessment of the program, including any 
recommendations to improve third-party collections. 
Subtitle C—Other Matters 
SEC. 721. DISPLAY OF BUDGET INFORMATION FOR EMBED-
DED MENTAL HEALTH PROVIDERS OF THE 
RESERVE COMPONENTS. 
(a) IN GENERAL.—Chapter 9 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 236. Embedded mental health providers of the re-
serve components: display of budget infor-
mation 
‘‘The Secretary of Defense shall submit to Congress, as 
a part of the documentation that supports the President’s 
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301 
annual budget for the Department of Defense, a budget jus-
tification display with respect to embedded mental health 
providers within each reserve component, including the 
amount requested for each such component.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘236. Embedded mental health providers of the reserve components: display of 
budget information.’’. 
SEC. 722. AUTHORITY OF UNIFORMED SERVICES UNIVER-
SITY OF HEALTH SCIENCES TO ENTER INTO 
CONTRACTS AND AGREEMENTS AND MAKE 
GRANTS TO OTHER NONPROFIT ENTITIES. 
Section 2113(g)(1) of title 10, United States Code, is 
amended— 
(1) in subparagraph (B)— 
(A) by inserting ‘‘, or any other nonprofit 
entity’’ after ‘‘Military Medicine’’; and 
(B) by inserting ‘‘, or nonprofit entity,’’ 
after ‘‘such Foundation’’; and 
(2) in subparagraph (C)— 
(A) by inserting ‘‘, or any other nonprofit 
entity,’’ after ‘‘Military Medicine’’; and 
(B) by inserting ‘‘, or nonprofit entity,’’ 
after ‘‘such foundation’’. 
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302 
SEC. 723. MENTAL HEALTH SUPPORT FOR MILITARY PER-
SONNEL AND FAMILIES. 
The Secretary of Defense may carry out collaborative 
programs to— 
(1) respond to the escalating suicide rates and 
combat stress related arrest rates of members of the 
Armed Forces; and 
(2) train active duty members to recognize and 
respond to combat stress disorder, suicide risk, sub-
stance addiction, risk-taking behaviors, and family 
violence. 
SEC. 724. RESEARCH REGARDING HYDROCEPHALUS. 
In conducting the Peer Reviewed Medical Research 
Program, the Secretary of Defense may consider selecting 
medical research projects relating to hydrocephalus. 
SEC. 725. TRAUMATIC BRAIN INJURY RESEARCH. 
The Secretary of Defense shall carry out research, de-
velopment, test, and evaluation activities with respect to 
traumatic brain injury and psychological health, including 
activities 
regarding 
drug 
development 
to 
halt 
neurodegeneration following traumatic brain injury. 
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303 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. MODIFICATION OF REPORTING REQUIREMENT 
FOR DEPARTMENT OF DEFENSE BUSINESS 
SYSTEM ACQUISITION PROGRAMS WHEN INI-
TIAL 
OPERATING 
CAPABILITY 
IS 
NOT 
ACHIEVED WITHIN FIVE YEARS OF MILE-
STONE A APPROVAL. 
(a) SUBMISSION
TO PRE-CERTIFICATION AUTHOR-
ITY.—Subsection (b) of section 811 of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007 (Pub-
lic Law 109-364; 120 Stat. 2316; 10 U.S.C. 2222 note) is 
amended by striking ‘‘the system shall be deemed to have 
undergone’’ and all that follows through the period and in-
serting ‘‘the appropriate official shall report such failure, 
along with the facts and circumstances surrounding the 
failure, to the appropriate pre-certification authority for 
that system under section 2222 of title 10, United States 
Code, and the information so reported shall be considered 
by the pre-certification authority in the decision whether 
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304 
to recommend certification of obligations under that sec-
tion.’’. 
(b) COVERED SYSTEMS.—Subsection (c) of such section 
is amended— 
(1) by striking ‘‘3542(b)(2) of title 44’’ and in-
serting ‘‘section 2222(j)(2) of title 10’’; and 
(2) by inserting ‘‘, and that is not designated in 
section 2445a of title 10, United States Code, as a 
‘major automated information system program’ or an 
‘other major information technology investment pro-
gram’ ’’ before the period at the end. 
(c) UPDATED REFERENCES TO DOD ISSUANCES.— 
Subsection (d) of such section is amended— 
(1) in paragraph (1), by striking ‘‘Department 
of Defense Instruction 5000.2’’ and inserting ‘‘De-
partment of Defense Directive 5000.01’’; and 
(2) in paragraph (2), by striking ‘‘Department 
of Defense Instruction 5000.2, dated May 12, 2003’’ 
and inserting ‘‘Department of Defense Instruction 
5000.02, dated December 3, 2008’’. 
SEC. 802. ENHANCED TRANSFER OF TECHNOLOGY DEVEL-
OPED AT DEPARTMENT OF DEFENSE LABORA-
TORIES. 
(a) DEFINITIONS.—As used in this section: 
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(1) The term ‘‘military department’’ has the 
meaning provided in section 101 of title 10, United 
States Code. 
(2) The term ‘‘DOD laboratory’’ or ‘‘laboratory’’ 
means any facility or group of facilities that— 
(A) is owned, leased, operated, or otherwise 
used by the Department of Defense; and 
(B) meets the definition of ‘‘laboratory’’ as 
provided in subsection (d)(2) of section 12 of the 
Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3710a). 
(b) AUTHORITY.— 
(1) IN GENERAL.—The Secretary of Defense and 
the Secretary of a military department each may au-
thorize the heads of DOD laboratories to grant non-
exclusive, exclusive, or partially exclusive licenses, 
royalty free or for royalties or for rights to other in-
tellectual property, for computer software and its re-
lated documentation developed at a DOD laboratory, 
but only if— 
(A) the computer software and related docu-
mentation would be a trade secret under the 
meaning of section 552(b)(4) of title 5, United 
States Code, if the information had been ob-
tained from a non-Federal party; 
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(B) the public is notified of the availability 
of the software and related documentation for li-
censing and interested parties have a fair oppor-
tunity to submit applications for licensing; 
(C) such licensing activities and licenses 
comply with the requirements under section 209 
of title 35, United States Code; and 
(D) the software originally was developed to 
meet the military needs of the Department of De-
fense. 
(2) PROTECTIONS AGAINST UNAUTHORIZED DIS-
CLOSURE.—The Secretary of Defense and the Sec-
retary of a military department each shall provide 
appropriate precautions against the unauthorized dis-
closure of any computer software or documentation 
covered by paragraph (1)(A), including exemption 
from section 552 of title 5, United States Code, for a 
period of up to 5 years after the development of the 
computer software by the DOD laboratory. 
(c) ROYALTIES.— 
(1) USE OF ROYALTIES.—Except as provided in 
paragraph (2), any royalties or other payments re-
ceived by the Department of Defense or a military de-
partment from licensing computer software or docu-
mentation under paragraph (b)(1) shall be retained 
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by the Department of Defense or the military depart-
ment and shall be disposed of as follows: 
(A)(i) The Department of Defense or the 
military department shall pay each year the 
first $2,000, and thereafter at least 15 percent, 
of the royalties or other payments, to be divided 
among the employees who developed the computer 
software. 
(ii) The Department of Defense or the mili-
tary department may provide appropriate lesser 
incentives, from the royalties or other payments, 
to laboratory employees who are not developers of 
such computer software but who substantially in-
creased the technical value of the software. 
(iii) The Department of Defense or the mili-
tary department shall retain the royalties and 
other payments received until it makes payments 
to employees of a DOD laboratory under clause 
(i) or (ii). 
(iv) The Department of Defense or the mili-
tary department may retain an amount reason-
ably necessary to pay expenses incidental to the 
administration and distribution of royalties or 
other payments under this section by an organi-
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zational unit of the Department of Defense or 
military department other than its laboratories. 
(B) The balance of the royalties or other pay-
ments shall be transferred by the Department of De-
fense or the military department to its laboratories, 
with the majority share of the royalties or other pay-
ments going to the laboratory where the development 
occurred. The royalties or other payments so trans-
ferred to any DOD laboratory may be used or obli-
gated by that laboratory during the fiscal year in 
which they are received or during the 2 succeeding fis-
cal years— 
(i) to reward scientific, engineering, and 
technical employees of the DOD laboratory, in-
cluding developers of sensitive or classified tech-
nology, regardless of whether the technology has 
commercial applications; 
(ii) to further scientific exchange among the 
laboratories of the agency; 
(iii) for education and training of employ-
ees consistent with the research and development 
missions and objectives of the Department of De-
fense, military department, or DOD laboratory, 
and for other activities that increase the poten-
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tial for transfer of the technology of the labora-
tories; 
(iv) for payment of expenses incidental to 
the administration and licensing of computer 
software or other intellectual property made at 
that DOD laboratory, including the fees or other 
costs for the services of other agencies, persons, or 
organizations for intellectual property manage-
ment and licensing services; or 
(v) for scientific research and development 
consistent with the research and development 
missions and objectives of the DOD laboratory. 
(C) All royalties or other payments retained by 
the Department of Defense, military department, or 
DOD laboratory after payments have been made pur-
suant to subparagraphs (A) and (B) that are unobli-
gated and unexpended at the end of the second fiscal 
year succeeding the fiscal year in which the royalties 
and other payments were received shall be paid into 
the Treasury of the United States. 
(2) EXCEPTION.—If, after payments under para-
graph (1)(A), the balance of the royalties or other 
payments received by the Department of Defense or 
the military department in any fiscal year exceed 5 
percent of the funds received for use by the DOD lab-
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oratory for research, development, engineering, test-
ing, and evaluation or other related administrative, 
processing or value-added activities for that year, 75 
percent of such excess shall be paid to the Treasury 
of the United States and the remaining 25 percent 
may be used or obligated under paragraph (1)(B). 
Any funds not so used or obligated shall be paid into 
the Treasury of the United States. 
(3) STATUS OF PAYMENTS TO EMPLOYEES.—Any 
payment made to an employee under this section 
shall be in addition to the regular pay of the em-
ployee and to any other awards made to the employee, 
and shall not affect the entitlement of the employee to 
any regular pay, annuity, or award to which the em-
ployee is otherwise entitled or for which the employee 
is otherwise eligible or limit the amount thereof except 
that the monetary value of an award for the same 
project or effort shall be deducted from the amount 
otherwise available under this paragraph. Payments, 
determined under the terms of this paragraph and 
made to an employee developer as such, may continue 
after the developer leaves the DOD laboratory or the 
Department of Defense or military department. Pay-
ments made under this section shall not exceed 
$75,000 per year to any one person, unless the Presi-
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dent approves a larger award (with the excess over 
$75,000 being treated as a Presidential award under 
section 4504 of title 5, United States Code). 
(d) INFORMATION IN REPORT.—The report required by 
section 2515(d) of title 10, United States Code, shall include 
information regarding the implementation and effectiveness 
of this section. 
(e) EXPIRATION.—The authority provided in this sec-
tion shall expire on December 31, 2018. 
SEC. 803. EXTENSION OF LIMITATION ON AGGREGATE AN-
NUAL AMOUNT AVAILABLE FOR CONTRACT 
SERVICES. 
Section 808 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1489) 
is amended— 
(1) by striking ‘‘fiscal year 2012 or 2013’’ each 
place it appears and inserting ‘‘fiscal year 2012, 
2013, 2014 or 2015’’; and 
(2) by striking ‘‘fiscal years 2012 and 2013’’ 
each place it appears and inserting ‘‘fiscal years 
2012, 2013, 2014, and 2015’’. 
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