II

Calendar No. 469

114TH CONGRESS
2D SESSION

S. 2943
[Report No. 114255]

To authorize appropriations for fiscal year 2017 for military activities of

the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 18, 2016
Mr. MCCAIN, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar

A BILL
To authorize appropriations for fiscal year 2017 for military
activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths
for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representa-

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2 tives of the United States of America in Congress assembled,

3

SECTION 1. SHORT TITLE.

This Act may be cited as the National Defense Au-

5 thorization Act for Fiscal Year 2017.

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Sec. 722. Accountability for the performance of the military health care system
of certain positions in the system.
Sec. 723. Selection of commanders and directors of military treatment facilities
and tours of duty of commanders of such facilities.
Sec. 724. Authority to convert military medical and dental positions to civilian
medical and dental positions.
Sec. 725. Authority to realign infrastructure of and health care services provided by military treatment facilities.
Sec. 726. Acquisition of medical support contracts for TRICARE program.
Sec. 727. Authority to enter into health care contracts with certain entities to
provide care under the TRICARE program.
Sec. 728. Improvement of health outcomes and control of costs of health care
under TRICARE program through programs to involve covered
beneficiaries.
Sec. 729. Establishment of centers of excellence for specialty care in the military health system.
Sec. 730. Program to eliminate variability in health outcomes and improve
quality of health care services delivered in military treatment
facilities.
Sec. 731. Establishment of advisory committees for military treatment facilities.
Sec. 732. Standardized system for scheduling medical appointments at military
treatment facilities.
Sec. 733. Display of wait times at urgent care clinics, emergency departments,
and pharmacies of military treatment facilities.
Sec. 734. Improvement and maintenance of combat casualty care and trauma
care skills of health care providers of Department of Defense.
Sec. 735. Adjustment of medical services, personnel authorized strengths, and
infrastructure in military health system to maintain readiness
and core competencies of health care providers.
Sec. 736. Establishment of high performance military-civilian integrated health
delivery systems.
Sec. 737. Contracts with private sector entities to provide certain health care
services at military treatment facilities.
Sec. 738. Modification of acquisition strategy for health care professional staffing services.
Sec. 739. Reduction of administrative requirements relating to automatic renewal of enrollments in TRICARE Prime.

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Subtitle CReports and Other Matters

Sec. 751. Pilot program on expansion of use of physician assistants to provide
mental health care to members of the Armed Forces.
Sec. 752. Implementation of plan to eliminate certain graduate medical education programs of Department of Defense.
Sec. 753. Modification of authority of Uniformed Services University of the
Health Sciences to include undergraduate and other medical
education and training programs.
Sec. 754. Memoranda of agreement with institutions of higher education that
offer degrees in allopathic or osteopathic medicine.
Sec. 755. Extension of authority for joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund.
Sec. 756. Prohibition on conduct of certain medical research and development
projects.

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Sec. 892. Authority to provide reimbursable auditing services to certain nonDefense Agencies.
Sec. 893. Improved management practices to reduce cost and improve performance of certain Department of Defense organizations.
Sec. 894. Director of Developmental Test and Evaluation.
Sec. 895. Exemption from requirement for capital planning and investment
control for information technology equipment included as integral part of a weapon or weapon system.
Sec. 896. Modifications to pilot program for streamlining awards for innovative
technology projects.
Sec. 897. Enhancement of electronic warfare capabilities.
Sec. 898. Improved transparency and oversight over Department of Defense research, development, test, and evaluation efforts and procurement activities related to medical research.
Sec. 899. Extension of enhanced transfer authority for technology developed at
Department of Defense laboratories.
Sec. 899A. Rapid prototyping funds for the military services.
Sec. 899B. Defense Modernization Account.
TITLE IXDEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle AOffice of the Secretary of Defense and Related Matters
Sec. 901. Under Secretary of Defense for Research and Engineering and related acquisition position in the Office of the Secretary of Defense.
Sec. 902. Qualifications for appointment of the Secretaries of the military departments.
Sec. 903. Establishment of Assistant Secretary of Defense for Information
(Chief Information Officer) in Office of Secretary of Defense.
Sec. 904. Reduction in maximum number of personnel in Office of the Secretary of Defense and other Department of Defense headquarters offices.
Sec. 905. Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the
military departments.
Sec. 906. Unit within the Office of the Secretary of Defense supporting
achievement of results in Department of Defense management
reform and business transformation efforts.

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Subtitle BCombatant Command Matters

Sec. 921. Joint Chiefs of Staff and related combatant command matters.
Sec. 922. Delegation to Chairman of Joint Chiefs of Staff of authority to direct
transfer of forces.
Sec. 923. Organization of the Department of Defense for management of special operations forces and special operations.
Sec. 924. Pilot program on organization of subordinate commands of a unified
combatant command as joint task forces.
Sec. 925. Expansion of eligibility for deputy commander of combatant command having United States among geographic area of responsibility to include officers of the Reserves.
Subtitle COrganization and Management of Other Department of Defense
Offices and Elements
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1 between the military treatment facility and such institu2 tion.
3

SEC. 755. EXTENSION OF AUTHORITY FOR JOINT DEPART-

MENT OF DEFENSE-DEPARTMENT OF VET-

ERANS AFFAIRS MEDICAL FACILITY DEM-

ONSTRATION FUND.

Section 1704(e) of the National Defense Authoriza-

8 tion Act for Fiscal Year 2010 (Public Law 11184; 123
9 Stat. 2573), as amended by section 722 of the Carl Levin
10 and Howard P. Buck McKeon National Defense Au11 thorization Act for Fiscal Year 2015 (Public Law 113
12 291) and section 723 of the National Defense Authoriza13 tion Act for Fiscal Year 2016 (Public Law 11492), is
14 further amended by striking September 30, 2017 and
15 inserting September 30, 2018.
16

SEC. 756. PROHIBITION ON CONDUCT OF CERTAIN MED-

17

ICAL

18

PROJECTS.

19

RESEARCH

AND

DEVELOPMENT

The Secretary of Defense and each Secretary of a

20 military department may not fund or conduct a medical

21 research and development project unless the Secretary
22 funding or conducting the project determines that the

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23 project is designed to directly protect, enhance, or restore

24 the health and safety of members of the Armed Forces.

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1

(3) The efficiency and effectiveness of the ac-

quisition process for priority electronic warfare

items.

(4) The training methods and requirements of

the military services for training in contested elec-

tronic warfare environments.

(5) Capability gaps with respect to near-peer

adversaries identified pursuant to a capability gap

assessment.

10

(6) A joint strategy on achieving near real-time

11

system adaption to rapidly advancing modern digital

12

electronics.

13

(7) Progress on increasing innovative electro-

14

magnetic spectrum warfighting methods and oper-

15

ational concepts that provide advantages within the

16

electromagnetic spectrum operational domain.

17

SEC. 898. IMPROVED TRANSPARENCY AND OVERSIGHT

18

OVER DEPARTMENT OF DEFENSE RESEARCH,

19

DEVELOPMENT, TEST, AND EVALUATION EF-

20

FORTS AND PROCUREMENT ACTIVITIES RE-

21

LATED TO MEDICAL RESEARCH.

22

The Secretary of Defense may not enter into a con-

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23 tract, grant, or cooperative agreement for congressional

24 special interest medical research programs under the con25 gressionally directed medical research program of the DeS 2943 PCS
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1 partment of Defense unless the contract, grant, or cooper-

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2 ative agreement meets the following conditions:

3

(1) Compliance with the cost and price data re-

quirements under section 2306a of title 10, United

States Code.

(2) Compliance with the cost accounting stand-

ards under section 1502 of title 41, United States

Code.

(3) Compliance with requirements for full and

10

open competition under section 2304 of title 10,

11

United States Code, without reliance on one of the

12

exceptions set forth in subsection (c) of such section.

13

(4) Prior to obligation of any funds, review by

14

and certification from the Defense Contract Audit

15

Agency regarding the adequacy of the accounting

16

systems of the proposed awardee, including a for-

17

ward pricing review of the awardees proposal.

18

(5) Prior to any payment on the contract,

19

grant, or cooperative agreement, performance by the

20

Defense Contract Audit Agency of an incurred cost

21

audit.

22

(6) Agreement that the United States Govern-

23

ment will have the same rights to the technical data

24

to an item or process developed under the contract,

25

grant, or cooperative agreement as applicable under

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section 2320(a)(2)(A) of title 10, United States

Code, to items and processes developed exclusively

with Federal funds where the medical research re-

sults in medicines and other treatments that will be

procured or otherwise paid for by the Federal Gov-

ernment through the Department of Defense, the

Department of Veterans Affairs, Medicare, Med-

icaid, or other Federal Government health programs.

SEC. 899. EXTENSION OF ENHANCED TRANSFER AUTHOR-

10

ITY FOR TECHNOLOGY DEVELOPED AT DE-

11

PARTMENT OF DEFENSE LABORATORIES.

Section 801 of the National Defense Authorization

12

13 Act for Fiscal Year 2014 (Public Law 11366; 10 U.S.C.

14 2514 note) is amended by striking 2017 and inserting
15 2020.
16

SEC. 899A. RAPID PROTOTYPING FUNDS FOR THE MILI-

17
18

TARY SERVICES.

Section 804(d) of the National Defense Authorization

19 Act for Fiscal Year 2016 (Public Law 11492; 10 U.S.C.

20 2302 note) is amended
(1) in the subsection heading, by striking

21
22

FUND and inserting FUNDS;

(2) by striking IN

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23

GENERAL.The

Secretary

24

and inserting the following: DEPARTMENT

25

FENSE RAPID PROTOTYPING FUND.

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