S. 2943: National Defense Authorization Act for Fiscal Year 2017

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S. 2943: National Defense Authorization Act for Fiscal Year 2017

114th Congress · introduced 2016-05-18 · Armed Forces and National Security · Latest: Became Public Law No: 114-328.

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Official title

National Defense Authorization Act for Fiscal Year 2017

Plain summary

(This measure has not been amended since the Conference Report was filed in the House on November 30, 2016. The summary of that version is repeated here.) Highlights: This bill authorizes FY2017 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the national security programs of the Department of Energy (DOE). The bill authorizes appropriations, but does not provide budget authority, which is provided by appropriations legislation. The bill authorizes appropriations to DOD for: Procurement; Research, Development, Test, and Evaluation; Operation and Maintenance; Cooperative Threat Reduction; Working Capital Funds; Chemical Agents and Munitions Destruction; Defense-Wide Drug Interdiction and Counter-Drug Activities; the Defense Inspector General; and the Defense Health Program. The bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from discretionary spending limits. OCO appropriations authorized in the bill support base budget requirements as well as OCO activities. The bill authorizes the FY2017 personnel strengths for active duty and reserve forces and sets forth policies regarding: military personnel; compensation and other personnel benefits; health care; acquisition policy and management; DOD organization and management; civilian personnel matters; matters relating to foreign nations; cooperative threat reduction; and strategic programs, cyber, and intelligence matters. The bill authorizes appropriations and sets forth policies regarding military construction; base realignment and closure (BRAC) activities; and DOE national security programs, including the National Nuclear Security Administration. The bill prohibits an additional BRAC round. The bill also amends the Uniform Code of Military Justice (UCMJ) to reorganize the UCMJ and revise the procedures and structure of the military justice system. Full Summary: National Defense Authorization Act for Fiscal Year 2017 (Sec. 3) Defines "congressional defense committees" as the House and Senate Armed Services and Appropriations Committees. (Sec. 4) Requires the budgetary effects of this bill to be determined in accordance with the procedures established in the Statutory Pay-As-You-Go Act of 2010. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT Subtitle A--Authorization of Appropriations (Sec. 101) Authorizes appropriations to the Department of Defense (DOD) for Procurement at the levels identified in section 4101 of this bill. Subtitle B--Army Programs (Sec. 111) Authorizes the Army to enter into one or more multiyear contracts for AH-64E Apache helicopters beginning in FY2017. (Sec. 112) Authorizes the Army to enter into one or more multiyear contracts for UH-60M and HH-60M Black Hawk helicopters beginning in FY2017. (Sec. 113) Requires the Army to: (1) take actions to improve training for operators of the Distributed Common Ground System-Army (DCGS-A) and their leaders, at division level and below tactical units; and (2) rapidly identify and field an effective, suitable and survivable solution for division and below tactical units by acquiring a commercially available off the shelf, non-developmental capability that meets specified requirements. (Sec. 114) Requires DOD, in consultation with the Army, to assess and report to Congress on the capabilities of the Army with respect to: AH-64 Apache-equipped attack reconnaissance battalions; air defense artillery; chemical, biological, radiological, and nuclear capabilities and modernization needs; field artillery; changes in doctrine and war plans consistent with DOD policy on cluster munitions and unintended harm to civilians; fuel distribution and water purification; watercraft and port-opening; transportation capacity and responsiveness; military police; and tactical mobility and tactical wheeled vehicle capacity. Subtitle C--Navy Programs (Sec. 121) Requires the Navy to deem ship delivery to occur on the date on which: (1) the Navy determines that the vessel is assembled and complete, and (2) custody of the vessel and all systems contained in the vessel transfers to the Navy. Requires the Navy to certify to Congress that the delivery dates for specified vessels have been adjusted in accordance with this section. (Sec. 122) Authorizes the Navy to enter into and incrementally fund a contract for detail design and construction of the LHA (Amphibious Assault Ship) replacement ship designated LHA 8. (Sec. 123) Requires an annual report on Littoral Combat Ship (LCS) mission packages and a certification of the acquisition inventory objective of LCS mission packages. Requires DOD to provide a specified certification to Congress prior to a revision or deviation from revision three of the LCS acquisition strategy. Prohibits DOD from selecting a single prime contractor for the LCS or any successor frigate class ship unless the selection is conducted using competitive procedures, performed for the purpose of constructing a frigate class ship, and occurs only after a frigate design has reached sufficient maturity and design completeness. (Sec. 124) Prohibits funds from being used to enter into or prepare to enter into sole source contracts for one or more joint high speed vessels or expeditionary fast transports unless the Navy submits a certification and report to Congress. (Sec. 125) Restricts the use of funds for research and development, design, procurement, or advanced procurement of materials for the Advanced Arresting Gear (AAG) to be installed on U.S.S. Enterprise (CVN-80) until DOD submits a specified acquisition report to Congress. Limits funds for the AAG to be installed on U.S.S. John F. Kennedy (CVN-79) unless the Milestone Decision Authority (MDA) determines that the AAG should be installed on that ship and notifies Congress of the determination. Requires DOD to execute reporting requirements for unit cost and critical cost growth, as though DOD had submitted a Selected Acquisition Report with a specified baseline estimate included, but exempts DOD from having to rescind the milestone decision approval for the AAG program during the required reviews. Specifies that, during the required review of critical cost growth, DOD may not approve a contract, enter into a new contract, exercise an option under a contract, or otherwise extend the scope of a contract for advanced arresting gear for the U.S.S. Enterprise (CVN-80), except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by DOD without unnecessarily wasting resources. (Sec. 126) Limits the use of funds for advance procurement or procurement for the U.S.S. John F. Kennedy (CVN-79) or the U.S.S. Enterprise (CVN-80) until the Navy submits a report to Congress. (Sec. 127) Expresses the sense of Congress on aircraft carrier procurement schedules. (Sec. 128) Requires the Navy to report to Congress on potential upgrades to the capabilities for the P-8 Poseidon aircraft. (Sec. 129) Authorizes the Navy to enter into and incrementally fund a contract for design and construction of the replacement dock landing ship designated LX(R) or the amphibious transport dock designated LPD-29. Subtitle D--Air Force Programs (Sec. 131) Authorizes the Air Force to use FY2017 funds to transfer the primary mission equipment of the EC-130H Compass Call aircraft fleet to an aircraft platform that the Air Force determines is: (1) more operationally effective and survivable than the existing EC-130H Compass Call aircraft platform, and (2) meets the requirements of the combatant commands. Limits procurement to the first two aircraft of the planned ten aircraft fleet until the Air Force determines there is a high likelihood the program will meet the requirements of the combatant commands. (Sec. 132) Amends the National Defense Authorization Act for Fiscal Year 2013 to repeal the requirement for the Air Force to continue to preserve certain C-5 aircraft in a storage condition that would allow a recall of retired aircraft to future service in the Air Force Reserve, Air National Guard, or Active Force structure. (Sec. 133) Repeals the requirement for the Air Force to maintain F-117A aircraft in a condition that would allow recall of the aircraft to future service. (Sec. 134) Prohibits the Air Force from using FY2017 funds to retire the A-10 Aircraft and requires the Air Force to maintain a minimum of 171 A-10 aircraft designated as primary mission aircraft inventory. Prohibits the Air Force from significantly reducing the manning levels for any A-10 aircraft squadron or division until the Director of Operational Test and Evaluation and the Secretary of the Air Force submit to Congress reports on the initial operational test and evaluation of the F-35 aircraft program, as well as the comparison test and evaluation that examines the capabilities of the F-35A and A-10C. (Sec. 135) Limits the availability of funds for scrapping, destroying, or otherwise disposing of any A-10 aircraft in any storage status in the Aerospace Maintenance and Regeneration Group (AMARG) that have serviceable wings or other components that could be used to prevent total active inventory A-10 aircraft from being permanently removed from flyable status due to unserviceable wings or other components. Requires the Air Force to: (1) notify Congress in advance of any action to scrap, destroy, or otherwise dispose of any A-10 aircraft in any storage status at AMARG, and (2) to submit with the FY2018 DOD budget and implement a plan to prevent any total active inventory A-10 aircraft from being permanently removed from flyable status for unserviceable wings or any other required component over the course of the future years defense plan. (Sec. 136) Prohibits the retirement of Joint Surveillance Target Attack Radar System aircraft in FY2018, except for aircraft that the Air Force determines to be non-operational because of mishaps, other damage, or being uneconomical to repair. (Sec. 137) Strikes the requirement for DOD to report annually to Congress on aircraft inventory. Subtitle E--Defense-Wide, Joint and Multiservice Matters (Sec. 141) Requires DOD, if the Army and the Marine Corps are each using different variants of 5.56mm rifle ammunition, to: (1) submit to Congress a report explaining the reasons for using different variants of the ammunition; and (2) ensure that, within one year of enactment of this bill, that the Army and the Marine Corps are using the same variant of the ammunition. Includes an exception for a state of emergency that requires the Army and the Marine Corps to use different variants of the ammunition. (Sec. 142) Requires the Army and the Navy to issue guidance regarding fire suppressant and fuel containment standards for certain vehicles. (Sec. 143) Limits the funds available for the destruction of cluster munitions until DOD submits a report on its policy and plan for cluster munitions. Includes an exception for the destruction of cluster munitions that: (1) are unserviceable as a result of an inspection, test, field incident, or other significant failure to meet performance or logistics requirements; or (2) are unsafe or could pose a safety risk if not demilitarized or destroyed. (Sec. 144) Requires DOD to submit to Congress a report on the munitions strategy for the combatant commands for the six-year period beginning on January 1, 2017. (Sec. 145) Changes from quarterly to annually the requirement for the commander of U.S. Special Operations Command to submit a report on the use of Combat Mission Requirements funds. (Sec. 146) Requires DOD to submit to Congress a report on potential alternative management structures for the F-35 joint strike fighter program. (Sec. 147) Requires the Government Accountability Office (GAO) to report on the sustainment support structure for the F-35 Lightning II aircraft program. (Sec. 148) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to brief Congress on the acquisition strategy for the Ground Mobility Vehicle for use with the Global Response Force of the 82nd Airborne Division. (Sec. 149) Requires DOD to study and report to Congress on the optimal mix of aircraft capabilities for the Armed Forces. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A--Authorization of Appropriations (Sec. 201) Authorizes appropriations for Research, Development, Test, and Evaluation at the levels identified in section 4201 of this bill. Subtitle B--Program Requirements, Restrictions, and Limitations (Sec. 211) Requires DOD to establish a Laboratory Quality Enhancement Program, under which panels will: review and make recommendations with respect to: (1) existing policies and practices affecting the science and technology reinvention laboratories to improve the research output of the laboratories and (2) new initiatives proposed by the science and technology reinvention laboratories; support implementation of initiatives affecting the science and technology reinvention laboratories; and conduct assessments or data analysis on other issues as the Secretary determines to be appropriate. (Sec. 212) Modifies the authority for defense laboratories to use funds for research and development of technologies for military missions. Sets the level of funding at between 2% and 4% of the funds available to the defense laboratory and eliminates the termination date for the authority. Authorizes defense laboratories to charge customer activities a fixed percentage fee of up to 4% of costs, in addition to normal costs of performance. (Sec. 213) Permanently extends the authorization for the defense research and development Rapid Innovation Program, which accelerates the fielding of innovative technologies. (Sec. 214) Authorizes the Defense Acquisition University and the National Defense University to enter into cooperative research and development agreements with universities, not-for-profit institutions, and other entities to support their designated missions. (Sec. 215) Establishes the Manufacturing Education Engineering Education Program for DOD to provide grants to industry, not-for-profit institutions, institutions of higher education, or to consortia of such institutions or industry to support: (1) the enhancement of existing programs in manufacturing engineering education to further a mission of the department, or (2) the establishment of new programs in manufacturing engineering education that meet such requirements. (Sec. 216) Requires the Navy to notify Congress before initiating certain rapid prototyping, experimentation, or demonstration activities. (Sec. 217) Increases the micro-purchase threshold for research programs and entities throughout the government from $3,000 to $10,000. (Sec. 218) Directs DOD to: (1) implement a quality assurance and quality control program for any facility producing biological select agents and toxins, and (2) report to Congress on the potential consolidation of facilities that work with biological select agents and toxins. Requires the GAO to report on DOD's: (1) progress in carrying out the quality assurance and quality control program, and (2) actions to address the findings and recommendations of the Army report titled "Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds." (Sec. 219) Requires the Secretary of Defense to designate a senior DOD official as the official with principal responsibility for the development and demonstration of directed energy weapons and sets forth the responsibilities of the official for the programs. (Sec. 220) Requires the Army to restructure versions of the distributed common ground system (DCGS) after Increment 1 by: (1) discontinuing development of new software code, excluding the configuration and testing of system interfaces to commercial, open source, and existing government off the shelf (GOTS) software, of any component for which there is commercial, open source, or government off the shelf software that is capable of fulfilling at least 80% of the system requirements; and (2) reviewing the acquisition strategy to ensure commercial software procurement is the preferred method for meeting program requirements. Prohibits the Army from awarding any contract for the development of new component software capability for the DCGS if the capability is already a commercial item or open source, except for configuration of capabilities that are incidental to and necessary for the proper functioning of the system. Requires the Under Secretary of Defense for Acquisition, Technology and Logistics to report to Congress on the Increment 2 of the DCGS. (Sec. 221) Limits the use of funds for the countering weapons of mass destruction situational awareness information system commonly known as "Constellation" until DOD provides an independent review and assessment of the requirements and implementation plan for the system. (Sec. 222) Limits the availability of funds for the Defense Innovation Unit Experimental (DIUx) until DOD submits a specified report to Congress on the DIUx. (Sec. 223) Prohibits funds from being used for the Air Force's Joint Surveillance Target Attack Radar System recapitalization program unless the contract for engineering and manufacturing development uses a firm fixed-price contract structure, subject to a waiver for national security. (Sec. 224) Prohibits DOD from awarding any follow-on modernization development contracts for the F-35 Joint Strike Fighter until DOD submits to Congress a report that contains the basic elements of an acquisition program baseline for Block 4 Modernization. Requires the GAO to review the report. Subtitle C--Reports and Other Matters (Sec. 231) Requires DOD to develop a strategy to ensure that it has assured access to trusted microelectronics by September 30, 2019. (Sec. 232) Requires the Defense Information Systems Agency to establish a pilot program to evaluate commercially available information technology tools to better understand the potential impact of the tools on DOD networks and computing environments. (Sec. 233) Establishes a pilot program to permit research and development laboratories, test and evaluation centers, and the Defense Advanced Research Projects Agency to temporarily waive any regulation, restriction, requirement, guidance, policy, procedure, or departmental instruction that would affect value and efficiencies in research and development activities, the efficiency and effectiveness of operations, and the rapid deployment of warfighter capabilities. (Sec. 234) Permits DOD to carry out a pilot program on the modernization and fielding of electromagnetic spectrum warfare systems and electronic warfare systems. Authorizes appropriated electromagnetic spectrum warfare and electronic warfare funds to be used for the development and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities. (Sec. 235) Establishes a pilot program on: (1) permitting DOD to provide defense contractors performing under a DOD federally-funded research and development center contract with access to sensitive information necessary to carry out their assigned functions and duties, and (2) appropriately protecting proprietary information from unauthorized disclosure or use by such centers. (Sec. 236) Authorizes DOD to carry out a pilot program to enhance interaction between the Defense Advanced Research Projects Agency and the service academies to promote technology transition, education, and training in science, technology, engineering, and mathematics fields that are relevant to DOD. (Sec. 237) Requires the Navy to establish an independent review team to review the Navy's data on, and mitigation efforts related to, the increase in F/A-18 physiological events since January 1, 2009. (Sec. 238) Requires DOD to submit to Congress and the GAO specified program accountability matrices for the B-21 bomber aircraft program. (Sec. 239) Requires DOD to seek to enter into a contract with a federally funded research and development center to conduct a study on technologies with the potential to prevent and mitigate helicopter crashes. (Sec. 240) Requires the Under Secretary of Defense for Acquisition, Technology and Logistics, acting through the Electronic Warfare Executive Committee, to submit to Congress a strategy on DOD's electronic and electromagnetic spectrum warfare capabilities. (Sec. 241) Expresses the sense of the Congress on the development and fielding of fifth generation airborne capabilities. TITLE III--OPERATION AND MAINTENANCE Subtitle A--Authorization of Appropriations (Sec. 301) Authorizes appropriations for Operation and Maintenance activities at the levels identified in section 4301 of this bill. Subtitle B--Energy and Environment (Sec. 311) Modifies the requirements for DOD's annual report related to installations energy management. (Sec. 312) Permits DOD to waive provisions of the Energy Independence and Security Act of 2007 regarding the lifecycle greenhouse gas emissions associated with alternative fuels procured by DOD if the waiver is in the national security interests of the United States. (Sec. 313) Permits DOD to carry out a pilot program to investigate the utilization of utility data management services to perform utility bill aggregation, analysis, third-party payment, storage, and distribution. Specifies a funding cap for the program. (Sec. 314) Authorizes the Army, in carrying out the disposal of munitions in the stockpile of conventional ammunition awaiting demilitarization and disposal (commonly referred to as munitions in the "B5A account") to use cost-competitive technologies that minimize waste generation and air emissions as alternatives to disposal by open burning, open detonation, direct contact combustion, and incineration. (Sec. 315) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to report to Congress on efforts to achieve cost savings at military installations with high levels of energy intensity. (Sec. 316) Expresses the sense of Congress on DOD funding decisions relating to climate change. Subtitle C--Logistics and Sustainment (Sec. 321) Revises the Army's deployability rating system and the manner in which the Army is required to track prioritization of deployable units. Requires the Army to maintain: (1) a system for identifying the priority of deployment for units of all components of the Army, and (2) a readiness rating system for units of all components of the Army that provides an accurate assessment of the deployability of a unit and the shortfalls of a unit that require the provision of additional resources. (Sec. 322) Requires the Undersecretary of Defense for Acquisition, Technology, and Logistics, in coordination with the Director of Corrosion Policy and Oversight, to revise the corrosion-related guidance to clearly define specific roles of the corrosion control and prevention executives of the military departments. (Sec. 323) Authorizes a five-year pilot program to permit government-owned, contractor-operated industrial plants to participate in the Armament Retooling and Manufacturing Support (ARMS) Initiative. (The ARMS Initiative was created to allow the Army to rent portions of its ammunition plants that are not being used in production to commercial companies.) (Sec. 324) Permits DOD to transfer specified funds to the Navy for the repair, recapitalization, and certification of dry docks at government-owned, government-operated shipyards of the Navy. (Sec. 325) Requires the Navy to submit to Congress quarterly assessments of Naval ship maintenance and loading activities carried out by private sector entities at specified ports. (Sec. 326) Require the Secretary of the Army to submit to Congress a strategy to revitalize the organic industrial base of the Army. (The term "organic industrial base" refers to U.S. military facilities, including arsenals, depots, munition plants and centers, and storage sites, that advance a vital national security interest by producing, maintaining, repairing, and storing materiel, munitions, and hardware.) Subtitle D--Reports (Sec. 331) Modifies requirements for the Quarterly Readiness Report to Congress. (Sec. 332) Requires the GAO to report to Congress on the travel expenses of members of the reserve components. (Sec. 333) Requires DOD to submit to Congress a plan to modernize, sustain training, and provide depot maintenance for all components of the HH-60 helicopter fleet until total force combat rescue units have been fully equipped with HH-60W Combat Rescue Helicopters. Subtitle E--Other Matters (Sec. 341) Expands notice requirements for structures interfering with air commerce, to direct the Department of Transportation (DOT) to: (1) require a person to give adequate public notice of the construction, alteration, establishment, or expansion of a structure or sanitary landfill if the notice will promote the interests of national security as determined by DOD; and (2) include national security interests in conducting certain required aeronautical studies and reports. Requires DOT to review flight path changes at civilian airports to determine if recent adjustments have had an impact on local communities. (Sec. 342) Requires all new contracts involving tactical explosive detection dogs to include a provision that would transfer the dogs to the 341st Training Squadron after the end of their useful service life and reclassify them as military animals for the purpose of adoption procedures required under current law. (Sec. 343) Requires DOD to develop a plan to establish an explosive ordnance disposal program within DOD to ensure close and continuous coordination among the military departments on matters relating to explosive ordnance disposal. (Sec. 344) Requires DOD to implement a formal process to provide federal agencies outside DOD with information on the availability of surplus, serviceable ammunition from DOD for the purpose of reducing costs relating to the storage and disposal of the ammunition. (Sec. 345) Directs DOD to remove and replace window coverings with accessible cords from military housing units in which children under the age of nine reside. Requires future contracts for the acquisition or construction of military family housing to prohibit the use of window coverings with accessible cords in the housing, (Sec. 346) Requires DOD to establish policies under which drivers employed by commercial transportation companies may be authorized to access military installations to serve base personnel. (Sec. 347) Authorizes DOD to enter into contracts with third-party vendors to provide certain members of the Armed Forces deployed overseas with free access to wireless high-speed Internet and network connections. (Sec. 348) Limits the availability of funds for the Office of the Under Secretary of Defense for Intelligence until DOD establishes and implements a process for members of the Armed Forces to carry appropriate firearms on military installations. (Sec. 349) Prohibits funds from being used for the development or fielding of new camouflage uniforms, new utility uniforms, or new families of uniforms until one year after DOD notifies Congress of the proposed development or fielding. (Sec. 350) Directs the Air Force to submit to Congress a plan for an improved dedicated adversary air training enterprise. (Sec. 351) Requires the Air Force to commission an independent review and assessment of: (1) the assumptions underlying the Air Force's annual continuation training requirements and (2) the overall effectiveness of the Ready Aircrew Program of the Air Force in managing aircrew training requirements. Requires the GAO to review the assessment. (Sec. 352) Requires DOD to seek to enter into a contract with a federally funded research and development center to conduct an independent study on the space-available travel system of DOD. (Sec. 353) Requires DOD to evaluate the need for proven safety technology in vehicles transporting Transportation Protective Services shipments, such as electronic logging devices, roll stability control, forward collision avoidance, lane departure warning systems, and speed limiters. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS Subtitle A--Active Forces (Sec. 401) Authorizes specified end strengths for Active Duty personnel of the Armed Forces. (Sec. 402) Establishes new minimum Active Duty end strengths for the Army, Navy, Marine Corps, and Air Force. Subtitle B--Reserve Forces (Sec. 411) Authorizes specified end strengths for Selected Reserve personnel. (Sec. 412) Authorizes specified end strengths for Reserves on Active Duty in support of the Reserves. (Sec. 413) Authorizes specified end strengths for military technicians (dual status). (Sec. 414) Establishes the maximum end strengths for the Reserve Components of the Army and Air Force for non-dual status technicians. (Sec. 415) Authorizes the maximum number of Reserve Component personnel who may be on Active Duty or full-time National Guard duty during FY2017 to provide operational support. (Sec. 416) Makes technical corrections to the annual authorization of personnel strengths. Subtitle C--Authorization of Appropriations (Sec. 421) Authorizes appropriations for Military Personnel at the levels identified in section 4401 of this bill. TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy (Sec. 501) Establishes the authorized distribution and strength of general and flag officers for the Army, Navy, Marine Corps, and Air Force after December 31, 2022. Requires a specified reduction in the number of general and flag officers in the military departments. Establishes reporting requirements for implementing the reduction and distribution. (Sec. 502) Repeals or amends various provisions that specify a general or flag office grade for certain positions in the Armed Forces. (Sec. 503) Authorizes adjustments to the number and distribution of Marine Corps general officers, including: the distribution of commissioned officers on active duty in general officer and flag officer grades, general and flag officers on active duty, and deputy commandants. (Sec. 504) Specifies that the period for promotion eligibility of an officer does not expire during the period when the Senate is unable to obtain information necessary to give its advice and consent to the appointment concerned because the information is under control of a department or agency of the federal government other than DOD. (Sec. 505) Authorizes service secretaries to allow officers in a grade above O-4 who are serving in military occupational specialties designated by the secretary to remain on Active Duty for up to 40 years of active service. (Sec. 506) Authorizes the secretaries of the military departments to convene boards to consider officers for involuntary separation below the grade of lieutenant colonel or commander as a single, consolidated year group without distinctions based on retirement eligibility. Aligns separation boards for the officers with the practices for promotion selection boards. (Sec. 507) Permits the Secretary of Defense or the Secretary of Homeland Security (the department in which the Coast Guard is operating) to drop from the rolls of the Armed Forces a commissioned officer who: has been absent without authority for at least three months, may be separated by reason of a sentence to confinement adjudged by a court-martial, or is sentenced to confinement in a federal or state penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final. (Sec. 508) Extends force management authorities related to personnel management, including: temporary early retirement authority; the authority for service secretaries to manage authorized officer personnel strength by shortening the period of continuation of service by officers on Active Duty, authorizing involuntary early retirement for certain officers on Active Duty, and considering officers for involuntary discharge who are not eligible for retirement; the authority to provide voluntary separation pay and benefits; and the authority for early retirement for up to 4% of the authorized Active-Duty strength of officers in the grades of O-5 and O-6 without reduction in grade, in each fiscal year. (Sec. 509) Authorizes the military departments to carry out a pilot program to improve the ability of the Armed Forces to recruit cyber professionals. Authorizes the military departments, under the program, to allow individuals who meet educational, physical, and other requirements to receive original appointments as commissioned officers in a cyber specialty. (Sec. 510) Modifies the qualifying period for joint duty assignments from three years to not less than two years. Repeals the average tour length requirement and the authority for shorter tour lengths for officers initially assigned to critical occupational specialties. (Sec. 510A) Revises the definitions used for joint officer management. Repeals the definition of "critical occupational specialty." Subtitle B--Reserve Component Management (Sec. 511) Authorizes the Secretary of Defense to extend the term of office of the Vice Chief of the National Guard Bureau for up to 90 days. (Sec. 512) Amends provisions related to the employment rights and protections of military technicians. (Sec. 513) Specifies that laws providing military leave to individuals appointed to the civil service do not apply to National Guard technicians performing Active Guard and Reserve duty. (Sec. 514) Amends the National Defense Authorization Act for Fiscal Year 2014 to extend for three years authorities for the transfer of officers between the Active and Inactive National Guard. (Sec. 515) Amends the National Defense Authorization Act for Fiscal Year 2016 to extend the authority for the Air Force to use Active Guard and Reserve personnel and dual status military technicians to provide training and instruction regarding pilot training. (Sec. 516) Requires at least one deputy commander of the combatant command of the geographic area of responsibility which includes the United States be a member of a reserve component of the Armed Forces, unless a reserve component officer is serving as commander of that combatant command. Subtitle C--General Service Authorities (Sec. 521) Authorizes specified uncharged leave for servicemembers who are the primary or secondary caregiver for the birth or adoption of a child. Specifies requirements for DOD regulations implementing this section. Prohibits leave from being authorized unless it is expressly permitted by law. (Sec. 522) Changes the location in the U.S. Code of provisions that authorize the reimbursement of members of the Armed Force for expenses incurred in connection with leave cancelled due to contingency operations. (Sec. 523) Permits notaries to execute military testamentary instruments. Extends federal notary powers to civilian paralegals working within military legal assistance offices. (Sec. 524) Requires the military departments to ensure that members with post-traumatic stress disorder or traumatic brain injury in connection with sexual assault receive a medical examination prior to administrative separation. (Sec. 525) Reduces from five to three years the maximum tenure for servicemembers placed on the Temporary Disability Retired List due to an injury or illness eligible for disability retirement. (Sec. 526) Makes technical corrections to provisions regarding voluntary separation pay and benefits. (Sec. 527) Requires all marketing functions of the Regular Army, Army Reserve, and Army National Guard to be consolidated within the Army Marketing Research Group. Requires the Army to carry out a pilot program to consolidate the recruiting efforts of the Army, Army Reserve, and Army National Guard under which a recruiter in one of the components may recruit individuals to enlist in any of the components and receive credit toward enlistment goals for each enlistment regardless of the component in which the individual enlists. Subtitle D--Member Whistleblower Protections and Correction of Military Records (Sec. 531) Expands the types of adverse personnel actions prohibited under the military whistle-blower protection program to include retaliatory investigations and failures of superiors to respond to retaliatory actions in certain circumstances, as prohibited personnel actions that are reviewable. Requires inspectors general to notify the secretary concerned if, during the IG's preliminary investigation, the IG determined there were reasonable grounds to believe that a prohibited personnel action occurred, and that the action would result in an immediate hardship to the servicemember. Authorizes the secretary concerned to take action, as appropriate, in such cases. Requires an IG to provide periodic updates to whistle-blowers on the progress of investigations. Requires the DOD IG to prescribe uniform standards for the conduct of military whistle-blower investigations and for the training of staff conducting investigations. (Sec. 532) Specifies that a secretary of a military department who receives an IG report substantiating that a prohibited personnel action occurred may consider whether to take corrective action, but may not make a determination that a prohibited personnel action did not occur. (Sec. 533) Requires the military department concerned or the Department of Homeland Security (DHS) to make available on a public website information regarding claims considered quarterly by: (1) boards for correction of military records, and (2) service discharge review boards. (Sec. 534) Requires boards for correction of military records (BCMRs) to: notify claimants of the specific information or documents needed to make their claim reviewable, make reasonable efforts to obtain missing records when they cannot be obtained by a claimant, consider any request for reconsideration of a determination of a BCMR when new information is provided by a claimant that was not previously considered, and publish final decisions with personally identifiable information redacted. Requires DOD to develop and report to Congress on a comprehensive training curriculum for members of BCMRs. (Sec. 535) Specifies requirements for the review by a discharge review board of certain claims by former members asserting post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) in connection with combat or sexual trauma as a basis for review of discharge. Requires the board, in considering the claims, to: (1) review medical evidence of the VA or a civilian health care provider that is presented by the former member, and (2) to review the case with liberal consideration to the former member that PTSD or TBI potentially contributed to the circumstances resulting in the discharge of a lesser characterization. (Sec. 536) Requires the GAO to review the integrity of the DOD whistle-blower program. Subtitle E--Military Justice and Legal Assistance Matters (Sec. 541) Modifies the terms of two civilian judges of the U.S. Court of Appeals for the Armed Forces and the daily rate of compensation for senior judges performing judicial duties with the court. Authorizes judges of the court to administer oaths in a similar manner as other federal judges. Repeals a provision that precludes more than three judges of the court from being from the same political party. (Sec. 542) Requires the services secretaries to: (1) establish professional developmental programs to ensure effective prosecution and defense in all courts-martial, (2) establish and use a system of military justice experience designators or skill identifiers, and (3) carry out a pilot program to assess the feasibility and advisability of establishing a deliberate professional development process for judge advocates that leads to military justice practitioners capable of prosecuting and defending complex cases in military courts-martial. (Sec. 543) Requires the annual report on sexual assault and response efforts to include information on complaints of retaliation in connection with reports of sexual assault in the Armed Forces. (Sec. 544) Extends the requirement for the annual report of the Sexual Assault Prevention and Response Office and requires the release to coincide with the release of the Family Advocacy Program Report. (Sec. 545) Requires the DOD Sexual Assault Prevention and Response Office to establish and issue to the military departments: (1) metrics to be used to evaluate the efforts of the Armed Forces to prevent and respond to retaliation in connection with reports of sexual assault, and (2) best practices to be used in the prevention of and response to retaliation in connection with the reports. (Sec. 546) Requires DOD to ensure that individuals who investigate claims of retaliation receive training on the nature and consequences of retaliation, and, in cases involving reports of sexual assault, the nature and consequences of sexual assault trauma. (Sec. 547) Requires the results of an investigation by DOD or the Armed Forces of a complaint by a member of the Armed Forces of retaliation to be reported in writing to the member. (Sec. 548) Modifies the definition of sexual harassment for the purposes of investigations of complaints of harassment by commanding officers. (Sec. 549) Requires DOD to establish a comprehensive and consistent data collection system for reports related to hazing in the Armed Forces. Requires the Secretary of each military department to improve training to better recognize, prevent, and respond to hazing. Subtitle F--National Commission on Military, National, and Public Service (Sec. 551) Specifies that the purpose of this subtitle is to establish a National Commission on Military, National, and Public Service to: (1) review the military selective service process (commonly referred to as "the draft"); and (2) consider methods to increase participation in military, national, and public service in order to address national security and other public service needs of the nation. Specifies requirements for the scope of the review. (Sec. 552) Requires: (1) DOD to report to Congress and the commission on the current and future need for a centralized registration system under the Military Selective Service Act, and (2) the GAO to review of the procedures used by DOD in evaluating selective service requirements. (Sec. 553) Establishes the National Commission on Military, National, and Public Service as an independent commission in the executive branch. Specifies requirements and procedures for the appointment of members, composition of the commission, pay rates for members and staff, and other authorities related to the operations of the commission. (Sec. 554) Specifies requirements for commission hearings and meetings. Requires hearings on recommendations to be open to the public, unless classified information is being considered. (Sec. 555) Requires the commission to: (1) conduct a review of the military selective service process; (2) consider methods to increase participation in military, national, and public service opportunities to address national security and other public service needs of the nation; and (3) develop recommendations on the matters subject to its review that are consistent with principles submitted by the President. Requires the President to establish and transmit to the commission and Congress principles for reform of the military selective service process. Requires certain cabinet officials and other officials or experts to transmit to the commission and Congress recommendations for the reform of the military selective service process, and military, national, and public service in connection with that process. Requires the commission to submit to Congress and the President a report containing the findings, conclusions, and recommendations of the commission, including legislative language and recommendations for administrative action to implement the recommendations of the Commission. (Sec. 556) Authorizes the commission to appoint, and fix the rate of pay of, an Executive Director and staff. Limits detailees from the Executive Branch and performance reviews for staff of the commission. (Sec. 557) Requires the commission to be terminated no later than 36 months after the establishment date. Subtitle G--Member Education, Training, Resilience, and Transition (Sec. 561) Includes within the program to assist members in obtaining professional credentials those credentials that were acquired during military service, but which were not necessarily obtained incident to the performance of their military duties. Replaces the requirement that credentialing programs be accredited by third party accreditation bodies with a requirement that credentialing programs meet specified quality assurance benchmarks. (Sec. 562) Requires the preseparation counseling provided to members of the Armed Forces being discharged to include information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse. (Sec. 563) Requires the Department of Labor to include in the Transition Assistance Program information regarding the deduction of disability compensation paid by the Department of Veterans Affairs by reason of voluntary separation pay received by the member. (Sec. 564) Requires the Transition Assistance Program to provide information on career opportunities for employment available to members with transportation security cards. (Sec. 565) Extends through FY2018 the DOD Suicide Prevention and Resilience Program. (Sec. 566) Requires congressional notification in advance of appointments to service academies. (Sec. 567) Requires the Under Secretary of Defense for Personnel and Readiness to submit to Congress and make available to the public, a report evaluating the success of the Job Training, Employment Skills Training, Apprenticeships, and Internships (known as JTEST-AI) and SkillBridge initiatives for members of the Armed Forces who are being separated. (Sec. 568) Requires DOD and DHS to jointly report on the steps the departments have taken to: (1) maximize the extent to which Armed Forces service, training, and qualifications are creditable towards U.S. merchant mariner licenses and certifications; and (2) to promote awareness among Armed Forces personnel serving in vessel operating positions of the requirements for post-service use of training, education, and practical experience from service in the Armed Forces in satisfying requirements for merchant mariner licenses and certifications. Subtitle H--Defense Dependents' Education and Military Family Readiness Matters (Sec. 571) Authorizes appropriations to continue assistance to local educational agencies that benefit dependents of members of the Armed Forces and DOD civilian employees, including: (1) assistance to schools with significant numbers of military dependents, and (2) impact aid for children with severe disabilities. (Sec. 572) Extends the authorities for support related to the transition of military dependent students to local educational agencies. Specifies details that must be included in budget justifications regarding future requests for extensions. (Sec. 573) Requires the secretaries of the military departments to notify service members with dependents annually, and prior to deployment, of the child custody protections guaranteed under the Servicemembers Civil Relief Act. (Sec. 574) Requires DOD to submit to Congress annually a report including the child abuse and domestic abuse incident data contained in the Family Advocacy Program central registry for the previous year and an analysis of the effectiveness of the Family Advocacy Program. (Sec. 575) Requires DOD and DHS to prescribe regulations to ensure that the family advocacy program office at a military installation to which a member of the Armed Forces is assigned is provided an immediate report of credible information obtained by any individual in the chain of command of the servicemember, that a child in the family or home of the servicemember has suffered an incident of child abuse. Amends the Victims of Child Abuse Act of 1990 to require a similar report by any member of the Armed Forces in specified professions who has reason to suspect that a child in the family or home of a servicemember has suffered an incident of child abuse. (Sec. 576) Repeals the Advisory Council on Dependents' Education. (Sec. 577) Authorizes DOD to provide support to nonprofit organizations that carry out camp or camp-like programs for children of military families who have experienced the death of a family member or other loved one or who have another family member living with a substance use disorder or post-traumatic stress disorder. (Sec. 578) Requires the GAO to assess the effectiveness of each Exceptional Family Member Program of the Armed Forces. (Sec. 579) Specifies requirements for applying the amendments made by the Every Student Succeeds Act with respect to Impact Aid payments for federally connected children in FY2016, FY2017, and each succeeding year. Authorizes a provision that counts all military-connected students living in military housing equally to take effect immediately. Amends the Elementary and Secondary Education Act of 1965 to: (1) make a technical correction to prevent some local school districts whose boundaries are within the perimeter of military installations from being disqualified from the Impact Aid heavily impacted program, (2) provide additional time to collect data on the effects of the program, and (3) modify eligibility criteria. Subtitle I--Decorations and Awards (Sec. 581) Posthumously advances Colonel George E. ''Bud'' Day, U.S. Air Force, to the rank of brigadier general on the retired list of the U.S. Air Force. (Sec. 582) Waives the statutory time limitation to permit the President to award specified medals to a member or former member of the Armed Forces identified as warranting award of that medal pursuant to the review of valor award nominations for Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Freedom's Sentinel, and Operation Inherent Resolve that was directed by the Secretary of Defense. (Sec. 583) Waives the statutory time limitation to allow the President to award the Medal of Honor to Gary M. Rose and James C. McCloughan for acts of valor during the Vietnam War. (Sec. 584) Waives the statutory time limitation to allow the Secretary of the Army to award the Distinguished Service Cross to First Lieutenant Melvin M. Spruiell, for acts of valor while serving in the Army during World War II. (Sec. 585) Authorizes the Secretary of the Army to award the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis LaFleur for acts of valor while interned as a prisoner of war by Japan during World War II. (Sec. 586) Requires the Secretaries of the military departments to review the service records of certain Asian American and Native American Pacific Islander war veterans previously awarded the Distinguished Service Cross, the Navy Cross, and the Air Force Cross during the Korean War or the Vietnam War to determine whether a Medal of Honor should be awarded. Waives the statutory time limitations if the Secretary determines that a Medal of Honor should be awarded. Subtitle J--Miscellaneous Reports and Other Matters (Sec. 591) Repeals the requirement for the chaplain at the U.S. Air Force Academy to be appointed by the President. (Sec. 592) Extends the limitation on reducing the number of military and civilian personnel assigned to duty with the service review agencies. (Sec. 593) Requires the Army and the Marine Corps to report to Congress on the progress of integrating women into military occupational specialties and units recently opened to women. (Sec. 594) Requires DOD to submit to Congress a report on the feasibility of establishing an electronic means by which members of the Ready Reserve of the Armed Forces can track their operational active-duty service performed after January 28, 2008. (Sec. 595) Requires the Navy and the Air Force to report to Congress on the feasibility and advisability of the discharge by warrant officers of pilot and other flight officer positions in the Armed Forces that are currently discharged by commissioned officers. (Sec. 596) Requires each military department to review: (1) the current body mass index test procedure used by each Armed Force, and (2) other methods to measure body fat with a more holistic health and wellness approach. (Sec. 597) Requires DOD to report to Congress on the career progression track for entry level and laterally moved female service members in combat arms units. TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A--Pay and Allowances (Sec. 601) Authorizes a pay raise of 2.1% for all members of the uniformed services effective January 1, 2017. (Sec. 602) Requires DOD to ensure that pay tables of basic pay for members of the uniformed services reflect the operation of the pay cap required under current law. (Sec. 603) Extends the authority of DOD to temporarily increase the rate of the basic allowance for housing (BAH) in areas impacted by natural disasters or experiencing a sudden influx of personnel. (Sec. 604) Requires DOD to submit to Congress specified reports on a new single-salary pay structure for members of the Armed Forces, which assumes the repeal of the basic allowance for housing and basic allowance subsistence for members of the Armed Forces in favor of a single-salary pay system. Subtitle B--Bonuses and Special and Incentive Pays (Sec. 611) Extends certain bonus and special pay authorities for Reserve Forces. (Sec. 612) Extends certain bonus and special pay authorities for health care professionals. (Sec. 613) Extends certain bonus and special pay authorities for nuclear officers. (Sec. 614) Extends specified special pay, incentive pay, and bonus authorities. (Sec. 615) Extends specified bonus and special pay authorities. (Sec. 616) Authorizes a maximum aviation bonus of $35,000 for each 12-month period of obligated service, and requires the appropriate Service Secretary to include specified details regarding the bonuses in budget justification documents. (Sec. 617) Conforms the consolidated bonus amount to the current authorized amount of $20,000. (Sec. 618) Makes technical and clerical amendments related to the 2008 consolidation of certain special pay authorities. Subtitle C--Travel and Transportation Allowances (Sec. 621) Authorizes DOD, on a case-by-case basis, to reimburse travel expenses at a higher amount for members of the reserves attending inactive duty training outside of normal commuting distances. Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits Part I--Amendments in Connection With Retired Pay Reform (Sec. 631) Specifies the election period for cadets and midshipmen at the service academies to opt-in to the new military retirement system. Specifies the timing of elections for reservists who are on Inactive Duty during the election period otherwise provided for under the new retirement system. (Sec. 632) Makes a technical correction for the new military retirement plan related to defining separation from service under the Thrift Savings Plan. (Sec. 633) Permits DOD to pay continuation pay to full Thrift Savings Plan Members at any point between the time the member completes 8 years of service and before the member reaches 12 years of service, in exchange for an agreement to continue serving for a period of not less than 3 additional years. (Sec. 634) Makes a technical and conforming amendment to the Combat-Related Special Compensation calculation to bring the authority in line with the new military retirement system. Part II--Other Matters (Sec. 641) Modifies the division of military retired pay in a divorce decree to use the member's pay grade and years of service at the time of the divorce, adjusted by the annual retired pay cost-of-living adjustments between the date of the divorce decree and the date of retirement. (Under current law, the final retirement pay grade and years of service is used.) (Sec. 642) Provides equal benefits under the Survivor Benefit Plan for members of the Reserve Component who die from an injury or illness incurred or aggravated in the line of duty during Inactive-Duty training and members of the Armed Forces who die in the line of duty while on Active Duty. (Sec. 643) Authorizes the deduction of Survivor Benefit Plan premiums from monthly combat-related special compensation when retired pay is insufficient to cover the premiums. (Sec. 644) Expands the areas eligible for the allowance for covering monthly premiums for the Servicemembers' Group Life Insurance to include any designated combat zone or an area directly supporting a designated combat zone. (Sec. 645) Authorizes payment of certain pay and allowances of a servicemember or retired servicemember to an individual to whom the member has granted authority to manage these funds pursuant to a valid and legally executed durable power of attorney. (Sec. 646) Extends the Special Survivor Indemnity Allowance at $310 per month until May 31, 2018. (Sec. 647) Repeals provisions related to an obsolete authority for combat-related injury rehabilitation pay. (Sec. 648) Requires DOD to provide for an independent assessment of the Department of Defense Survivor Benefit Plan by a federally-funded research and development center. Subtitle E--Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations (Sec. 661) Requires DOD to develop and implement a comprehensive strategy to optimize management practices across the defense commissary system and the exchange system that reduce reliance on appropriated funding without reducing benefits or the revenue generated by nonappropriated fund entities or instrumentalities of DOD for the morale, welfare, and recreation of members of the Armed Forces. Requires DOD to ensure that savings generated due to the optimization practices are shared by the defense commissary system and the exchange system through contracts or agreements that appropriately reflect the participation of the systems in the development and implementation of the practices. Authorizes DOD to establish a variable pricing program, under which prices may be established in response to market conditions and customer demand, subject to specified requirements. (Sec. 662) Requires DOD to ensure that: (1) commissary stores accept the Military Star Card as payment, and (2) the Army and Air Force Exchange Service assumes any U.S. financial liability relating to the acceptance of the card. (The Military Star Card is a credit card administered under the Exchange Credit Program by the Army and Air Force Exchange Service.) Subtitle F--Other Matters (Sec. 671) Establishes a 10-year statute of limitations for DOD recovery of amounts owed to the United States by members of the uniformed services due to an overpayment of salaries and benefits or unpaid bills. Requires the Defense Finance and Accounting Service to quantify the lost revenue from this provision. Directs DOD to review all bonus pays, special pays, student loan repayments, and similar special payments paid to members of the California National Guard between January 1, 2004, and December 31, 2015. Authorizes the Secretary concerned to waive collection of overpayments or to repay previously recouped payments that were unwarranted. Requires the Secretary concerned to notify consumer credit reporting agencies if the review determines that an indebtedness previously reported to the credit reporting agency was invalid. (Sec. 672) Modifies the flat rate per diem requirements for DOD military and civilian personnel on long-term temporary duty assignments. TITLE VII--HEALTH CARE PROVISIONS Subtitle A--Reform of TRICARE and Military Health System (Sec. 701) Requires DOD to establish TRICARE Select as a self-managed, preferred provider network option to replace TRICARE Standard and Extra. Establishes annual enrollment fees and fixed dollar copayments for Active Duty family members and retirees who join the Armed Services on or after January 1, 2018, and enroll in TRICARE Select or in TRICARE Prime (the managed care option). Authorizes DOD to establish an annual enrollment fee for TRICARE Select for beneficiaries who were in the Active Duty or retired categories prior to January 1, 2018. Requires DOD to: (1) establish an open enrollment period, with a grace period during the first year of open enrollment, and to allow enrollment for qualifying events for annual participation in either TRICARE Prime or TRICARE Select; and (2) prescribe certain requirements for pre-authorization for referrals under TRICARE Prime. Requires DOD to carry out a pilot program on the incorporation of value-based health care methodology in the purchased care component of the TRICARE program by reducing copayments or cost shares for targeted populations of covered beneficiaries in the receipt of high-value medications and services and the use of high-value providers under such purchased care component, including by exempting certain services from deductible requirements. (Sec. 702) Requires the Defense Health Agency (DHA) to be responsible for the administration of each military medical treatment facility, including: budgetary matters, information technology, health care administration and management, administrative policy and procedure, military medical construction, any other matters the Secretary of Defense determines appropriate. Requires the commander of each military medical facility to be responsible for: (1) ensuring the readiness of the members of the Armed Forces and civilian employees at the facility, and (2) furnishing the health care and medical treatment provided at the facility. Requires DOD to establish within the DHA a professional staff to carry out this section. Permits DOD to establish an Assistant Director for Health Care Administration within the DHA. Specifies the roles and responsibilities of the Services' Surgeons General. (Sec. 703) Establishes requirements for military medical treatment facilities in order to support medical readiness of the Armed Forces and the readiness of medical personnel. Specifies requirements for medical centers, hospitals, and ambulatory care centers. Authorizes DOD to establish regional centers of excellence for the provision of military specialty care to covered beneficiaries at existing DOD major medical centers. Authorizes DOD to establish satellite centers to provide specialty care for post-traumatic stress and traumatic brain injury. Requires DOD to submit to Congress: (1) a report updating the Military Health System Modernization Study to address the restructuring or realignment of military medical treatment facilities required by this bill, and (2) an implementation plan for restructuring or realigning the military medical treatment facilities. (Sec. 704) Requires DOD to ensure that urgent care is available through 11:00 p.m. at military treatment facilities at locations that DOD determines to be appropriate. Requires that, if urgent care is unavailable at the military treatment facilities, access to urgent care through the TRICARE network providers must be available through 11:00 p.m. Eliminates the preauthorization requirement for urgent care. Requires DOD to expand the primary care clinic hours at military treatment facilities during the week and on weekends beyond the standard business hours of the installation. (Sec. 705) Requires DOD to develop and implement value-based incentive programs as a part of contracts awarded for the provision of health care services to covered beneficiaries under the TRICARE program. Transfers contracting responsibility for the acquisition of managed care support contracts under the TRICARE program from the DHA to the Under Secretary of Defense for Acquisition, Technology, and Logistics. Requires DOD to develop and implement a new acquisition strategy for managed care support contracts under the TRICARE program and to modify contracts existing prior to implementation of this strategy to ensure consistency with the strategy (Sec. 706) Requires DOD to establish military-civilian integrated health delivery systems through partnerships with other health systems, including local or regional health systems in the private sector. (Sec. 707) Requires DOD to submit to Congress an implementation plan to establish a Joint Trauma System within the DHA to improve trauma care for members of the Armed Forces and other individuals who are eligible to be treated for trauma at a military medical treatment facility. (Sec. 708) Requires DOD to establish a Joint Trauma Education and Training Directorate to ensure that the traumatologists of the Armed Forces maintain readiness and are able to be rapidly deployed for future armed conflicts. Authorizes DOD to enter into partnerships with civilian academic medical centers and large metropolitan teaching hospitals that have certain civilian trauma centers. Requires DOD to establish a personnel management plan for specified wartime medical specialties. (Sec. 709) Requires DOD to implement: (1) a standardized medical appointment scheduling system at military treatment facilities throughout the military health system to enable timely access to care for covered beneficiaries, and (2) standards for the productivity of health care providers at military treatment facilities. Subtitle B--Other Health Care Benefits (Sec. 711) Authorizes DOD to extend TRICARE program coverage for certain members of the National Guard and dependents performing certain disaster response duty if the period immediately follows a period of full-time National Guard duty. Requires DOD to charge a state or the District of Columbia for the costs of providing the extended coverage. (Sec. 712) Requires DOD to study options for providing health care coverage that improves the continuity of health care provided to certain current and former members of the Selected Reserve. Authorizes DOD to carry out a pilot program jointly with the Office of Personnel Management (OPM) to provide commercial health insurance coverage to eligible reserve component members who enroll for either individual, self plus one, or self and family coverage. (Sec. 713) Authorizes DOD to sell hearing aids to dependents of retired members of the uniformed services. (Sec. 714) Provides TRICARE program coverage for medically necessary food and vitamins for digestive disorders and inherited metabolic disorders. (Sec. 715) Requires DOD to enter into an agreement with the OPM to offer eligible beneficiaries the opportunity to purchase dental and vision insurance currently available to federal employees. (Sec. 716) Requires DOD to: (1) ensure that TRICARE reimbursement rates for providers of applied behavior analysis are not less than the rates that were in effect on March 31, 2016; and (2) conduct a specified analysis to set future reimbursement rates for providers of applied behavior analysis. (Sec. 717) Authorizes a veteran or civilian to be evaluated and treated at a military treatment facility if: (1) the evaluation and treatment is necessary to maintain the medical readiness skills and competencies of health care providers at the facility; (2) health care providers at the facility have the competencies, skills and abilities to treat the individual; and (3) the facility has available space, equipment, and materials. Requires: (1) the evaluation and treatment of covered beneficiaries at military treatment facilities to be prioritized ahead of the evaluation and treatment of veterans and civilians under this section., and (2) the facility to bill and to accept reimbursement from a civilian or a third-party payer on behalf of the individual for the costs of health care services provided to the individual. Requires DOD to enter into a memorandum of understanding with the VA under which the VA would reimburse a military treatment facility for the costs of any health care services provided to individuals eligible for health care services from the VA. (Sec. 718) Requires DOD to incorporate the use of telehealth services throughout the direct and purchased care components of the military health system. Requires DOD to: (1) establish standardized payment methods to reimburse health care providers for telehealth services provided to covered beneficiaries in the purchased care component of the TRICARE program, and (2) reduce or eliminate co-payments or cost-shares for covered beneficiaries for receipt of telehealth services. (Sec. 719) Authorizes DOD to reimburse an entity carrying out a state vaccination program for the cost of providing vaccines to covered beneficiaries. Subtitle C--Health Care Administration (Sec. 721) Requires DOD to establish a process to define the military medical and dental personnel requirements necessary to meet operational medical force readiness requirements Authorizes DOD to convert certain military medical and dental positions to civilian positions if the positions are not necessary to meet operational medical force readiness requirements. (Sec. 722) Requires DHS to make a prospective payment to DOD for treatment or care provided to members of the Coast Guard, former members of the Coast Guard, and their dependents at facilities under the jurisdiction of DOD except for any period during which the Coast Guard operates as a service in the Navy. (Sec. 723) Removes the annual requirement for managed care support contractors to generate and mail an enrollment renewal letter to all beneficiaries enrolled in TRICARE Prime. (Sec. 724) Authorizes the Uniformed Services University of the Health Sciences to grant certificates, certifications, and undergraduate degrees, in addition to advanced degrees. (Sec. 725) Requires DOD to implement and the GAO to assess specified measures to maintain the critical wartime medical readiness skills and core competencies of health care providers within the Armed Forces. (Sec. 726) Requires DOD to implement a program to establish best practices for the delivery of health care services for certain diseases or conditions at military medical treatment facilities and incorporate those best practices into the daily operations of the facilities to eliminate variability in health outcomes and to improve the quality of care. (Sec. 727) Requires DOD to develop and carry out a performance-based, strategic sourcing acquisition strategy with respect to entering into contracts for the services of health care professional staff at military medical treatment facilities located in a state. (Sec. 728) Requires DOD to adopt, to the extent appropriate, the core quality performance metrics agreed upon by the Core Quality Measures Collaborative (a collaborative group of federal agencies, health plans, national physician organizations, employers, and consumers) for use by the military health system and in contracts awarded to carry out the TRICARE program. (Sec. 729) Requires DOD to establish a program to incentivize covered beneficiaries to participate in medical intervention programs, such as comprehensive disease management programs, that may include lowering TRICARE enrollment fees, copayments, and cost-share amounts for health care services during a particular year for covered beneficiaries with certain chronic diseases or conditions who met participation milestones in medical intervention programs. Requires DOD to establish programs to incentivize lifestyle interventions and the maintenance of a healthy lifestyle for covered beneficiaries, through activities such as smoking cessation, exercise, and weight management. (Sec. 730) Requires DOD to incorporate performance accountability measures into the annual performance reviews of certain leadership positions in the military health care system. (Sec. 731) Requires DOD to establish an advisory committee for each military treatment facility. Subtitle D--Reports and Other Matters (Sec. 741) Extends the authority for the joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Requires DOD to submit to Congress a report on plans to implement all information technology capabilities required by the executive agreement entered into under the National Defense Authorization Act for FY2010 that remain unimplemented. (Sec. 742) Requires DOD to conduct a pilot program on expanding the use of physician assistants specializing in psychiatric medicine at DOD medical facilities through the use of a psychiatry fellowship program for physician assistants. (Sec. 743) Authorizes DOD to conduct a pilot program to evaluate whether, in carrying out the TRICARE pharmacy benefits program, extending additional discounts for prescription drugs filled at retail pharmacies will maintain or reduce prescription drug costs for DOD. (Sec. 744) Requires DOD to carry out a pilot program for the display of wait times at urgent care clinics and pharmacies of military medical treatment facilities. (Sec. 745) Requires DOD to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for the treatment of post-traumatic stress. (Sec. 746) Requires DOD to conduct specified studies on preventing the diversion of opioid medications. (Sec. 747) Requires DOD to integrate into the Health Related Behavior Survey of Active Duty Military Personnel questions designed to obtain information on the experiences of servicemembers with family planning services and counseling. (Sec. 748) Requires DOD to assess the extent to which families of members of the reserve components of the Armed Forces serving on active duty pursuant to a call or order to active duty for a period of more than 30 days experience difficulties in transitioning to health care benefits provided under the TRICARE program. Expands the authority of DOD to eliminate balance billing for families of members of the reserve components of the Armed Forces serving on Active Duty. (Sec. 749) Requires DOD to establish and implement a process to provide oversight of the graduate medical education programs of the military departments to ensure that the programs fully support the operational medical force readiness requirements for health care providers of the Armed Forces and the medical readiness of the Armed Forces. (Sec. 750) Requires DOD to carry out a study of career helicopter and tiltrotor pilots to assess potential links between the operation of helicopter and tiltrotor aircraft and acute and chronic medical conditions experienced by the pilots. (Sec. 751) Requires the GAO to submit to Congress a report assessing the delivery of health care in the military health system, with an emphasis on identifying potential waste and inefficiency. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A--Acquisition Policy and Management (Sec. 801) Modifies requirements that apply to rapid acquisition authorities. (Sec. 802) Allows Principal Military Deputies to serve in an acting capacity if there is a vacancy in the position of the Service Acquisition Executive. (Sec. 803) Requires DOD to review and, if necessary, revise Department of Defense Instruction 5000.74 and other guidance pertaining to the acquisition of services. Requires DOD to examine: (1) how the acquisition community should consider the changing nature of the technology and professional services markets; and (2) the services acquisition portfolio groups referenced in the Acquisition of Services Instruction and other guidance in order to ensure the portfolio groups are fully reflective of changes to the technology and professional services market. Requires DOD to issue guidance addressing the training and development of the DOD workforce engaged in the procurement of services, including those personnel not designated as members of the acquisition workforce. (Sec. 804) Extends and modifies the authorization for the Defense Modernization Account. Modifies provisions regarding the funds available for the account, transfers, authorized uses of the funds, and the availability of funds by appropriation. Subtitle B--Department of Defense Acquisition Agility (Sec. 805) Requires all major defense acquisition programs (MDAPs) that receive Milestone A or Milestone B approval after January 1, 2019, to be designed and developed, to the maximum extent practicable, with a modular open system approach (MOSA) to enable incremental development and enhance competition, innovation, and interoperability. Defines MOSA as an integrated business and technical strategy that: employs a modular design with major system interfaces between a major system platform (such as a ground vehicle, ship, or aircraft) and its major system components (such as sensors or communication equipment) or between major system components and platforms; is subjected to verification to ensure major system interfaces comply with widely supported and consensus-based standards; uses a system architecture that allows severable major system components at the appropriate level to be incrementally added, removed, or replaced throughout the life cycle of a major system platform to afford opportunities for enhanced competition and innovation while yielding: significant cost savings or avoidance, schedule reduction, opportunities for technical upgrades, increased interoperability, or other benefits; and complies with requirements for technical data rights. Requires MOSA to be addressed throughout the requirements development and acquisition processes for MDAPs. (Sec. 806) Specifies requirements for defense budget materials related to advanced component development and prototype activities within the research, development, test, and evaluation budget. Requires each of the military services to establish an oversight board or identify a similar group of existing senior advisors for managing prototype projects for weapon system components and other technologies and subsystems, including the use of funds for such projects. Requires weapon system component or technology prototype projects to: be completed within two years of initiation, be selected by the service acquisition executive using a merit-based selection process that identifies the most promising and cost-effective prototypes that address a high priority warfighter need and are expected to be successfully demonstrated in a relevant environment; be funded through contracts, cooperative agreements, or other transactions; comply with specified funding limitations, and develop a plan for transition into a fielded system or operational use. Requires a MDAP initiated after January 1, 2019, to include only technical development that the milestone decision authority for the program determines, with a high degree of confidence, would not delay the fielding target for the program. Provides the military services with new funding and acquisition flexibility to experiment with, prototype, and rapidly deploy weapon system components and other technologies. (Sec. 807) Requires DOD to assign program cost and fielding targets before funds are obligated for technology development, system development, or production of a MDAP. Specifies procedures and requirements for the establishment of the targets. Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to conduct an independent technical risk assessment prior to program milestones decisions. Specifies that the service acquisition executives are the milestone decision authorities for joint programs being initiated after October 1, 2019. (Sec. 808) Requires the milestone decision authority for a MDAP to provide specified reports to Congress at each milestone decision point. Requires the reports to present key decision metrics, including the program's cost and fielding targets, cost and schedule estimates, and evaluations of technical risks. (Sec. 809) Specifies the technical data rights provided to the U.S. government in various types of interfaces. Authorizes DOD to negotiate for rights other than government purpose rights for technical data relating to major system interfaces if it would be in the best interest of the United States. Requires DOD to identify major system interfaces in contract solicitations and contracts. Specifies that, for major system interfaces developed exclusively at private expense, DOD must negotiate with the developer appropriate compensation for the technical data. Specifies the U.S. government's rights to technical data pertaining to privately funded general interfaces necessary for the segregation and reintegration of an item or process. Extends the duration of the government-industry advisory panel established by the National Defense Authorization Act for Fiscal Year 2016 and requires the advisory panel to consider the technical data rights necessary to support the modular open system approach (MOSA) required elsewhere in this bill. Limits deferred ordering of technical data to six years after delivery of the last item on a contract and to technical data generated, not utilized, in the performance of the contract. Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations (Sec. 811) Amends the restrictions on undefinitized contractual actions (UCAs) to: (1) require a written determination by senior officials to extend a UCA beyond 90 days, (2) and extend the 180 day definitization requirement to contracts in support of Foreign Military Sales cases. Specifies that, if a contractor submits a qualifying proposal to definitize an undefinitized contractual action and the contracting officer definitizes the contract after the end of the 180-day period, the agency concerned must ensure that the profit allowed on the contract accurately reflects the cost risk of the contractor as the risk existed on the date the contractor submitted the qualifying proposal. (Sec. 812) Revises requirements related to inventory and tracking of purchases for services. (Sec. 813) Specifies that it is DOD policy to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny DOD the benefits of cost and technical tradeoffs in the source selection process. Limits the use of lowest price technically acceptable source selection criteria to specified situations. Requires DOD, to the maximum extent practicable, to avoid using lowest price technically acceptable source selection criteria when the procurement is predominately for the acquisition of information technology services, systems engineering and technical assistance services, audit or audit readiness services, or other knowledge-based professional services. (Sec. 814) Requires DOD to: (1) prohibit the use of reverse auctions and lowest price technically acceptable contracting methods for the procurement of personal protective equipment if the level of quality or the failure of the item could result in combat casualties, and (2) establish a preference for best value contracting methods when procuring such equipment. (Sec. 815) Revises requirements for the detection and avoidance of counterfeit electronic parts to require contractors and DOD to meet certain requirements using "suppliers that meet anticounterfeiting requirements" rather than "trusted suppliers." (Sec. 816) Expands the permissible uses of special emergency procurement authorities to include support of international disaster assistance and support of a national emergency or natural disaster relief efforts in the United States as defined by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 817) Requires DOD to comply with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces. Requires DOD to furnish the footwear directly to members instead of providing a cash allowance. Permits a waiver to be granted in cases of medical necessity. Authorizes DOD, for two years, to purchase additional footwear that is necessary to provide sufficient choices to minimize the incidence of athletic injuries in initial entry training. (Sec. 818) Extends the authority for the enhanced transfer of technology developed at DOD laboratories. (Sec. 819) Modifies congressional notification requirements for the exercise of waiver authority to acquire vital national security capabilities. (Sec. 820) Modifies requirements and duties for the Cost Accounting Standards Board (CASB). Requires Federal Cost Accounting Standards (CAS) be reconciled, to the extent possible, with U.S. Generally Accepted Accounting Principles. Permits the head of a federal agency to waive the application of the CAS for contracts valued at less than $100 million. Establishes the Defense Accounting Standards Board to: review cost accounting standards and recommend changes to the CASB; oversee implementation of CAS within DOD to achieve uniformity and consistency in the standards governing measurement, assignment, and allocation of costs to contracts with DOD; and ensure that managerial cost accounting is appropriately implemented for commercial functions performed by DOD employees. (Sec. 821) Establishes a $5,000 micro-purchase threshold for DOD activities. (Sec. 822) Specifies the definition of competition and the role of the prime contractor in determining whether a subcontract meets the competitive or commercial test with respect to enhanced competition requirements. (Sec. 823) Removes the retroactive application requirement for the cap on the allowable compensation of contractor employees. (As a result, the cap would apply to compensation costs incurred after January 1, 2012, under contracts entered into on or after December 31, 2011.) (Sec. 824) Specifies requirements for the treatment of independent research and development costs as fair, reasonable, and allowable expenses for DOD contracts. Requires bid and proposal expenses considered as allowable indirect costs on cost-reimbursement contracts to be reported independently of independent research and development costs. Establishes for DOD a goal that department-wide bid and proposal costs should not exceed 1% of the amount of contractor sales to the department. Specifies that, if DOD fails to meet the goal, an advisory panel must be established to provide recommendations on changes to statute, regulation, and practice to reduce bid and proposal costs. Requires DOD to contract with an outside, independent entity to study the laws, regulations, and practices relating to expenses incurred by contractors for bids and proposals. Requires DOD to report to Congress on bid and proposal costs and independent research and development costs. (Sec. 825) Exempts certain multiple-award task or delivery order contracts from the requirement to include cost or price to the federal government as an evaluation factor in the evaluation of proposals for all contracts. (Sec. 826) Extends through FY2027 the authority for DOD to negotiate and administer small business contracting plans. (Sec. 827) Specifies that the use of side-by-side testing of certain equipment, munitions, and technologies manufactured and developed under cooperative research and development agreements may be considered to be the use of competitive procedures. Specifies that the items must be procured within five years of an initial determination that the items have been successfully tested and found to satisfy U.S. military requirements or to correct operational deficiencies. (Sec. 828) Expands the scope of the defense acquisition challenge program to include alternatives to existing acquisition programs and specifies that the general solicitation competitive procedures used under the program are competitive procedures. (Sec. 829) Requires DOD to revise the Defense Federal Acquisition Regulation Supplement to establish a preference for fixed-price contracts, including fixed-price incentive fee contracts, in the determination of contract type and establish an approval mechanism for the use of cost type contracts the exceed specified dollar thresholds. (Sec. 830) Requires DOD to prescribe regulations to require the use of firm fixed-price contracts for foreign military sales, subject to a waiver if DOD determines that a different type of contract is in the best interest of the taxpayers. (Sec. 831) Establishes a preference for performance-based payments to contractors. (Sec. 832) Requires the Defense Acquisition University to develop and implement a training program for DOD acquisition personnel on fixed-priced incentive fee contracts, public-private partnerships, performance-based contracting, and other authorities in law and regulation designed to give incentives to contractors to achieve long-term savings and improve administrative practices and mission performance. (Sec. 833) Sunsets and repeals various contracting limitations, requirements, and other provisions related to contracting. (Sec. 834) Establishes an award to recognize defense acquisition programs and acquisition professionals that make the best use of flexibilities and authorities granted in the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System). (Sec. 835) Permanently authorizes protests of task and delivery orders with values exceeding $10 million at civilian agencies. Increases from $10 million to $25 million the minimum value of a DOD task or delivery order ... [summary shortened here: the full Congressional Research Service summary is 275,703 characters; read it at congress.gov]

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Sponsor: Sen. McCain, John [R-AZ] · 0 cosponsors

Cost estimate: CBO cost estimate: Budgetary effects of S. 2943, the National Defense Authorization Act for Fiscal Year 2017 (2016-06-09); CBO cost estimate: S. 2943, National Defense Authorization Act for Fiscal Year 2017 (2016-06-10); CBO cost estimate: S. 2943, National Defense Authorization Act for Fiscal Year 2017 (2016-11-30)

Recorded votes

• Senate vote 87 (2016): On Cloture on the Motion to Proceed, S2943 (2016-05-25): Cloture on the Motion to Proceed Agreed to
• Senate vote 89 (2016): On the Amendment, S2943 (2016-06-06): Amendment Agreed to
• Senate vote 90 (2016): On the Amendment, S2943 (2016-06-07): Amendment Agreed to
• Senate vote 91 (2016): On the Amendment, S2943 (2016-06-07): Amendment Agreed to
• Senate vote 95 (2016): On the Cloture Motion, S2943 (2016-06-09): Cloture Motion Rejected
• Senate vote 96 (2016): On the Cloture Motion, S2943 (2016-06-09): Cloture Motion Rejected
• Senate vote 97 (2016): On the Cloture Motion, S2943 (2016-06-10): Cloture Motion Agreed to
• Senate vote 98 (2016): On Passage of the Bill, S2943 (2016-06-14): Bill Passed
• House roll call 400 (2016): On Closing Portions of the Conference, S2943 (2016-07-08): Passed
• Senate vote 130 (2016): On the Cloture Motion, S2943 (2016-07-14): Cloture Motion Agreed to
• Senate vote 131 (2016): On the Motion, S2943 (2016-07-14): Motion Agreed to
• Senate vote 132 (2016): On the Motion, S2943 (2016-07-14): Motion Agreed to
• House roll call 600 (2016): On Agreeing to the Conference Report, S2943 (2016-12-02): Passed
• Senate vote 158 (2016): On the Cloture Motion, S2943 (2016-12-07): Cloture Motion Agreed to
• Senate vote 159 (2016): On the Conference Report, S2943 (2016-12-08): Conference Report Agreed to

Sources

• Congressional Research Service summary (Public Law)
• Congress.gov
• Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-114s2943.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/114/s>

Record fed-us-cong114-s2943 · catalog fed-us-congress-bills-cong114 · updated 2026-11-15 by psicol fed-bills-cong114