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Subtitle B—Defense Intelligence 
and Intelligence-Related Activities 
SEC. 1621. LIMITATION ON AVAILABILITY OF FUNDS FOR 
INTELLIGENCE MANAGEMENT. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2017 for operation and maintenance, Defense- 
wide, for intelligence management, not more than 95 per-
cent may be obligated or expended until the date on which 
the Under Secretary of Defense for Intelligence submits 
to the appropriate congressional committees the reports 
on counterintelligence activities described in any classified 
annex accompanying this Act. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intel-
ligence of the House of Representatives. 
SEC. 1622. LIMITATIONS ON AVAILABILITY OF FUNDS FOR 
UNITED STATES CENTRAL COMMAND INTEL-
LIGENCE FUSION CENTER. 
(a) LIMITATIONS.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
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cal year 2017 for the Intelligence Fusion Center of the 
United States Central Command— 
(1) 25 percent may not be obligated or ex-
pended until— 
(A) the Commander of the United States 
Central Command submits to the appropriate 
congressional committees the report under sub-
section (b); and 
(B) a period of 15 days has elapsed fol-
lowing the date of such submission; and 
(2) 25 percent may not be obligated or ex-
pended until— 
(A) the Commander submits to such com-
mittees the report under subsection (c); and 
(B) a period of 15 days has elapsed fol-
lowing the date of such submission. 
(b) REPORT
ON PROCEDURES.—The Commander 
shall submit to the appropriate congressional committees 
a report on the steps taken by the Commander to for-
malize and disseminate procedures for establishing, staff-
ing, and operating the Intelligence Fusion Center of the 
United States Central Command. 
(c) REPORT
ON IG FINDINGS.—The Commander 
shall submit to the appropriate congressional committees 
a report on the steps taken by the Commander to address 
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the findings of the final report of the Inspector General 
of the Department of Defense regarding the processing of 
intelligence information by the Intelligence Directorate of 
the United States Central Command. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
SEC. 1623. LIMITATION ON AVAILABILITY OF FUNDS FOR 
JOINT INTELLIGENCE ANALYSIS COMPLEX. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2017 for increased intelligence manpower posi-
tions for operation of the Joint Intelligence Analysis Com-
plex at Royal Air Force Molesworth, United Kingdom, not 
more than 85 percent may be obligated or expended dur-
ing fiscal year 2017 until the date on which the Secretary 
of Defense submits to the appropriate congressional com-
mittees the analysis under subsection (b)(1). 
(b) ANALYSIS.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Director 
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of National Intelligence, shall submit to the appro-
priate congressional committees a revised analysis of 
alternatives for the basing of a new Joint Intel-
ligence Analysis Complex that is— 
(A) based on the analysis of the oper-
ational requirements and costs of the United 
States; and 
(B) informed by the findings of the report 
of the Comptroller General of the United States 
on the cost estimating and basing decision proc-
ess of the Joint Intelligence Analysis Complex. 
(2) REQUIREMENTS.—The analysis under para-
graph (1) shall, at a minimum— 
(A) be conducted in a manner that— 
(i) uses best practices; 
(ii) appropriately accounts for non-re-
curring and life cycle costs, including with 
respect to cost of living and projected 
growth in cost of living; 
(iii) uses objective and measurable cri-
teria for evaluating alternative locations 
against mission requirements; and 
(iv) uses reasonable and verifiable as-
sumptions; 
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(B) include the identification and assess-
ments of— 
(i) possible alternative locations for 
the Joint Intelligence Analysis Complex at 
existing military installations used by the 
United States; and 
(ii) other possible cost-saving alter-
natives; 
(C) evaluate alternative practices to mini-
mize the number of support personnel required; 
(D) evaluate alternatives to building a new 
facility, including modifying existing facilities 
and using prefabricated facilities; and 
(E) evaluate the possibility of separating 
the European Command Intelligence Analytic 
Center, the Africa Command Intelligence Ana-
lytic Center, or the NATO Intelligence Fusion 
Center from the rest of the Joint Intelligence 
Analysis Complex at other viable locations. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
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Subtitle C—Cyberspace-Related 
Matters 
SEC. 1631. SPECIAL EMERGENCY PROCUREMENT AUTHOR-
ITY TO FACILITATE THE DEFENSE AGAINST 
OR RECOVERY FROM A CYBER ATTACK. 
Section 1903(a)(2) of title 41, United States Code, 
is amended by inserting ‘‘cyber,’’ before ‘‘nuclear,’’. 
SEC. 1632. CHANGE IN NAME OF NATIONAL DEFENSE UNI-
VERSITY’S INFORMATION RESOURCES MAN-
AGEMENT COLLEGE TO COLLEGE OF INFOR-
MATION AND CYBERSPACE. 
Section 2165(b)(5) of title 10, United States Code, 
is amended by striking ‘‘Information Resources Manage-
ment College’’ and inserting ‘‘College of Information and 
Cyberspace’’. 
SEC. 1633. REQUIREMENT TO ENTER INTO AGREEMENTS 
RELATING TO USE OF CYBER OPPOSITION 
FORCES. 
(a) REQUIREMENT
FOR AGREEMENTS.—Not later 
than September 30, 2017, the Secretary of Defense shall 
enter into an agreement with each combatant command 
relating to the use of cyber opposition forces. Each agree-
ment shall require the command— 
(1) to support a high state of mission readiness 
in the command through the use of one or more 
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cyber opposition forces in continuous exercises and 
other training activities as considered appropriate by 
the commander of the command; and 
(2) in conducting such exercises and training 
activities, meet the standard required under sub-
section (b). 
(b) JOINT
STANDARD
FOR
CYBER
OPPOSITION 
FORCES.—Not later than March 31, 2017, the Secretary 
of Defense shall issue a joint training and certification 
standard for use by all cyber opposition forces within the 
Department of Defense. 
(c) BRIEFING REQUIRED.—Not later than September 
30, 2017, the Secretary of Defense shall provide to the 
congressional defense committees a briefing on— 
(1) a list of each combatant command that has 
entered into an agreement required by subsection 
(a); 
(2) with respect to each such agreement— 
(A) special conditions in the agreement 
placed on any cyber opposition force used by 
the command; 
(B) the process for making decisions about 
deconfliction and risk mitigation of cyber oppo-
sition force activities in continuous exercises 
and training; 
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(C) identification of cyber opposition forces 
trained and certified to operate at the joint 
standard, as issued under subsection (b); 
(D) identification of the annual exercises 
that will include participation of the cyber oppo-
sition forces; 
(E) identification of any shortfalls in re-
sources that may prevent annual exercises using 
cyber opposition forces; and 
(3) any other matters the Secretary of Defense 
considers appropriate. 
SEC. 1634. LIMITATION ON AVAILABILITY OF FUNDS FOR 
CRYPTOGRAPHIC SYSTEMS AND KEY MAN-
AGEMENT INFRASTRUCTURE. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2017 for cryptographic systems and key manage-
ment infrastructure, not more than 75 percent may be ob-
ligated or expended until the date on which the Secretary 
of Defense, in consultation with the Director of the Na-
tional Security Agency, submits to the appropriate con-
gressional committees a report on the integration of the 
cryptographic modernization and key management infra-
structure programs of the military departments, including 
a description of how the military departments have imple-
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mented stronger leadership, increased integration, and re-
duced redundancy with respect to such modernization and 
programs. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intel-
ligence of the House of Representatives. 
SEC. 1635. PILOT PROGRAMS ON DIRECT COMMISSIONS TO 
CYBER POSITIONS. 
(a) AUTHORITY.—The Secretary of the Army and the 
Secretary of the Air Force shall each carry out a pilot 
program to improve the ability of the Army and the Air 
Force, respectively, to recruit cyber professionals. 
(b) ELEMENTS.—Under the pilot program, the Secre-
taries shall each allow individuals who meet educational, 
physical, and other requirements determined appropriate 
by the Secretary to receive original appointments as com-
missioned officers in a cyber specialty. 
(c) CONSULTATION.—In developing the pilot pro-
gram, the Secretaries may consult with the Secretary of 
the Navy with respect to a similar program carried out 
by the Secretary of the Navy. 
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(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress supports the direct commission of in-
dividuals trained in cyber specialties because the demand 
for skilled cyber personnel outstrips the supply of such 
personnel, and there is great competition for such per-
sonnel with private industry. 
SEC. 1636. REPORT ON POLICIES FOR RESPONDING TO MA-
LICIOUS CYBER ACTIVITIES CARRIED OUT 
AGAINST THE UNITED STATES OR UNITED 
STATES PERSONS BY FOREIGN STATES OR 
NON-STATE ACTORS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on policies, doctrine, procedures, and au-
thorities governing Department of Defense activities in re-
sponse to malicious cyber activities carried out against the 
United States or United States persons by foreign states 
or non-state actors. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following: 
(1) Specific citations to appropriate associated 
Executive branch and agency directives, guidance, 
instructions, and other authoritative policy docu-
ments. 
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(2) Descriptions of relevant authorities, rules of 
engagement, command and control structures, and 
response plans. 
SEC. 1637. ASSESSMENT ON SECURITY OF INFORMATION 
HELD BY CLEARED DEFENSE CONTRACTORS. 
(a) ASSESSMENT.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall conduct an assessment of the sufficiency of the 
regulatory mechanisms of the Department of De-
fense to secure defense information held by cleared 
defense contractors to determine whether there are 
any gaps that may undermine the protection of such 
information. 
(2) SUBMISSION.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the congressional defense com-
mittees a report on the findings of the assessment 
conducted under paragraph (1). 
(b) REGULATIONS.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary shall 
prescribe regulations that the Secretary determines appro-
priate to improve the security of defense information held 
by cleared defense contractors. 
(c) CLEARED DEFENSE CONTRACTOR DEFINED.—In 
this section, the term ‘‘cleared defense contractor’’ has the 
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meaning given that term in section 393(e) of title 10, 
United States Code. 
SEC. 1638. SENSE OF CONGRESS ON CYBER RESILIENCY OF 
THE NETWORKS AND COMMUNICATIONS SYS-
TEMS OF THE NATIONAL GUARD. 
(a) FINDINGS.—Congress finds the following: 
(1) Army and Air National Guard personnel 
need to have situational awareness and reliable com-
munications during any of the following events oc-
curring in the United States: 
(A) A terrorist attack. 
(B) An intentional or unintentional release 
of chemical, biological, radiological, nuclear, or 
high-yield explosive materials. 
(C) A natural or man-made disaster. 
(2) During such an event, it is vital that Army 
and Air National Guard personnel are able to com-
municate and coordinate response efforts with their 
own units and appropriate civilian emergency re-
sponse forces. 
(3) Current networks and communications sys-
tems of the National Guard, including commercial 
wireless solutions (such as mobile wireless kinetic 
mesh), and other systems that are interoperable with 
the systems of civilian first responders, should pro-
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vide the necessary robustness, interoperability, reli-
ability, and resilience to extend needed situational 
awareness and communications to all users and 
under all operating conditions, including degraded 
communications environments where infrastructure 
is damaged or destroyed or under cyber attack or 
disruption. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the National Guard should be constantly seek-
ing ways to improve and expand its communications and 
networking capabilities to provide for enhanced perform-
ance and resilience in the face of cyber attacks or disrup-
tions, as well as other instances of degradation. 
SEC. 1639. REQUIREMENT FOR ARMY NATIONAL GUARD 
STRATEGY TO INCORPORATE CYBER PRO-
TECTION TEAMS INTO DEPARTMENT OF DE-
FENSE CYBER MISSION FORCE. 
(a) STRATEGY REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of the Army, if the Secretary has not already done so, 
shall provide a briefing to the congressional defense com-
mittees outlining a strategy for incorporating Army Na-
tional Guard cyber protection teams into the Department 
of Defense cyber mission force. 
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(b) ELEMENTS
OF STRATEGY.—The strategy re-
quired by subsection (a) shall include, at minimum, the 
following: 
(1) A timeline for incorporating Army National 
Guard cyber protection teams into the Department 
of Defense cyber mission force, including a timeline 
for receiving appropriate training. 
(2) Identification of specific units to be incor-
porated. 
(3) An assessment of how incorporation of 
Army National Guard cyber protection teams into 
the Department of Defense cyber mission force 
might be used to enhance readiness through im-
proved individual and collective training capabilities. 
(4) A status report on the Army’s progress in 
issuing additional guidance that clarifies how Army 
National Guard cyber protection teams can support 
State and civil operations in National Guard status 
under title 32, United States Code. 
(5) Other matters as considered appropriate by 
the Secretary of the Army. 
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Subtitle D—Nuclear Forces 
SEC. 1641. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF 
NATIONAL 
LEADERSHIP 
COMMAND, 
CON-
TROL, AND COMMUNICATIONS SYSTEM. 
(a) RESPONSIBILITIES.—Subsection (d) of section 
171a of title 10, United States Code, is amended— 
(1) in paragraph (1), by inserting before the pe-
riod the following: ‘‘, and including with respect to 
the integrated tactical warning and attack assess-
ment systems, processes, and enablers, and con-
tinuity of the governmental functions of the Depart-
ment of Defense’’; and 
(2) in paragraph (2)(C), by inserting before the 
period the following: ‘‘(including space system archi-
tectures and associated user terminals and ground 
segments)’’. 
(b) ENSURING CAPABILITIES.—Such section is fur-
ther amended— 
(1) by redesignating subsection (i) as subsection 
(k); and 
(2) by inserting after subsection (h) the fol-
lowing new subsections: 
‘‘(i) REPORTS ON SPACE ARCHITECTURE DEVELOP-
MENT.—(1) Not less than 90 days before each of the dates 
on which a system described in paragraph (2) achieves 
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Milestone A or Milestone B approval, the Under Secretary 
of Defense for Acquisitions, Technology, and Logistics 
shall submit to the congressional defense committees a re-
port prepared by the Council detailing the implications of 
any changes to the architecture of such a system with re-
spect to the systems, capabilities, and programs covered 
under subsection (d). 
‘‘(2) A system described in this paragraph is any of 
the following: 
‘‘(A) Advanced extremely high frequency sat-
ellites. 
‘‘(B) The space-based infrared system. 
‘‘(C) The integrated tactical warning and attack 
assessment system and its command and control sys-
tem. 
‘‘(D) The enhanced polar system. 
‘‘(3) In this subsection, the terms ‘Milestone A ap-
proval’ and ‘Milestone B approval’ have the meanings 
given such terms in section 2366(e) of this title. 
‘‘(j) NOTIFICATION
OF REDUCTION
OF CERTAIN 
WARNING TIME.—(1) None of the funds authorized to be 
appropriated or otherwise made available to the Depart-
ment of Defense for any fiscal year may be used to change 
any command, control, and communications system de-
scribed in subsection (d)(1) in a manner that reduces the 
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warning time provided to the national leadership of the 
United States with respect to a warning of a strategic mis-
sile attack on the United States unless— 
‘‘(A) the Secretary of Defense notifies the con-
gressional defense committees of such proposed 
change and reduction; and 
‘‘(B) a period of one year elapses following the 
date of such notification. 
‘‘(2) Not later than March 1, 2017, and each year 
thereafter, the Council shall determine whether the inte-
grated tactical warning and attack assessment system and 
its command and control system have met all warfighter 
requirements for operational availability, survivability, and 
endurability. If the Council determines that such systems 
have not met such requirements, the Secretary of Defense 
and the Chairman shall jointly submit to the congressional 
defense committees— 
‘‘(A) an explanation for such negative deter-
mination; 
‘‘(B) a description of the mitigations that are in 
place or being put in place as a result of such nega-
tive determination; and 
‘‘(C) the plan of the Secretary and the Chair-
man to ensure that the Council is able to make a 
positive determination in the following year.’’. 
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(d) REPORTING REQUIREMENTS.—Subsection (e) of 
such section is amended by striking ‘‘At the same time’’ 
and all that follows through ‘‘title 31,’’ and inserting the 
following: ‘‘During the period preceding January 31, 
2021, at the same time each year that the budget of the 
President is submitted to Congress pursuant to section 
1105(a) of title 31, and from time to time after such pe-
riod at the discretion of the Council,’’. 
SEC. 1642. TREATMENT OF CERTAIN SENSITIVE INFORMA-
TION BY STATE AND LOCAL GOVERNMENTS. 
(a) SPECIAL NUCLEAR MATERIAL.—Section 128 of 
title 10, United States Code, is amended by adding at the 
end the following new subsection: 
‘‘(d) Information that the Secretary prohibits to be 
disseminated pursuant to subsection (a) that is provided 
to a State or local government shall remain under the con-
trol of the Department of Defense, and a State or local 
law authorizing or requiring a State or local government 
to disclose such information shall not apply to such infor-
mation.’’. 
(b) CRITICAL INFRASTRUCTURE SECURITY INFORMA-
TION.—Section 130e of such title is amended— 
(1) by redesignating subsection (c) as sub-
section (f) and moving such subsection, as so redes-
ignated, to appear after subsection (e); and 
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(2) by striking subsection (b) and inserting the 
following new subsections: 
‘‘(b) DESIGNATION OF DEPARTMENT OF DEFENSE 
CRITICAL INFRASTRUCTURE SECURITY INFORMATION.— 
In addition to any other authority or requirement regard-
ing protection from dissemination of information, the Sec-
retary may designate information as being Department of 
Defense critical infrastructure security information, in-
cluding during the course of creating such information, 
to ensure that such information is not disseminated with-
out authorization. Information so designated is subject to 
the determination process under subsection (a) to deter-
mine whether to exempt such information from disclosure 
described in such subsection. 
‘‘(c) INFORMATION PROVIDED TO STATE AND LOCAL 
GOVERNMENTS.—(1) Department of Defense critical in-
frastructure security information covered by a written de-
termination under subsection (a) or designated under sub-
section (b) that is provided to a State or local government 
shall remain under the control of the Department of De-
fense. 
‘‘(2)(A) A State or local law authorizing or requiring 
a State or local government to disclose Department of De-
fense critical infrastructure security information that is 
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covered by a written determination under subsection (a) 
shall not apply to such information. 
‘‘(B) If a person requests pursuant to a State or local 
law that a State or local government disclose information 
that is designated as Department of Defense critical infra-
structure security information under subsection (b), the 
State or local government shall provide the Secretary an 
opportunity to carry out the determination process under 
subsection (a) to determine whether to exempt such infor-
mation from disclosure pursuant to subparagraph (A).’’. 
(c) CONFORMING AMENDMENTS.— 
(1) SECTION 128.—Section 128 of such title is 
further amended in the section heading by striking 
‘‘Physical’’ and inserting ‘‘Control and phys-
ical’’. 
(2) SECTION 130E.—Section 130e of such title 
is further amended— 
(A) by striking the section heading and in-
serting the following new section heading: 
‘‘Control and protection of critical in-
frastructure security information’’; 
(B) in subsection (a), by striking the sub-
section heading and inserting the following new 
subsection heading; ‘‘EXEMPTION FROM FREE-
DOM OF INFORMATION ACT.—’’; 
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(C) in subsection (d), by striking the sub-
section heading and inserting the following new 
subsection heading: ‘‘DELEGATION OF DETER-
MINATION AUTHORITY.—’’; and 
(D) in subsection (e), by striking the sub-
section heading and inserting the following new 
subsection heading: ‘‘TRANSPARENCY
OF DE-
TERMINATIONS.—’’. 
(d) CLERICAL AMENDMENTS.—The table of sections 
at the beginning of chapter 3 of such title is amended— 
(1) by striking the item relating to section 128 
and inserting the following new item: 
‘‘128. Control and physical protection of special nuclear material: limitation on 
dissemination of unclassified information.’’; and 
(2) by striking the item relating to section 130e 
and inserting the following new item: 
‘‘130e. Control and protection of critical infrastructure security information.’’. 
SEC. 
1643. 
PROCUREMENT 
AUTHORITY 
FOR 
CERTAIN 
PARTS OF INTERCONTINENTAL BALLISTIC 
MISSILE FUZES. 
(a) AVAILABILITY OF FUNDS.—Notwithstanding sec-
tion 1502(a) of title 31, United States Code, of the 
amount authorized to be appropriated for fiscal year 2017 
by section 101 and available for Missile Procurement, Air 
Force, as specified in the funding table in section 4101, 
$17,095,000 shall be available for the procurement of cov-
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ered parts pursuant to contracts entered into under sec-
tion 1645(a) of the Carl Levin and Howard P. ‘‘Buck’’ 
Mckeon National Defense Authorization Act for Fiscal 
Year 2015 (Public Law 113–291; 128 Stat. 3651). 
(b) COVERED PARTS DEFINED.—In this section, the 
term ‘‘covered parts’’ means commercially available off- 
the-shelf items as defined in section 104 of title 41, United 
States Code. 
SEC. 1644. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
MOBILE VARIANT OF GROUND-BASED STRA-
TEGIC DETERRENT MISSILE. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for any of fiscal years 
2017 or 2018 may be obligated or expended to retain the 
option for, or develop, a mobile variant of the ground- 
based strategic deterrent missile. 
SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS FOR 
EXTENSION OF NEW START TREATY. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2017 or any other fiscal year for the De-
partment of Defense may be obligated or expended to ex-
tend the New START Treaty unless— 
(1) the Chairman of the Joint Chiefs of Staff 
submits the report under subsection (b); 
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(2) the Director of National Intelligence sub-
mits the National Intelligence Estimate under sub-
section (c)(2); and 
(3) a period of 180 days elapses following the 
submission of both the report and the National In-
telligence Estimate. 
(b) REPORT.—The Chairman of the Joint Chiefs of 
Staff shall submit to the appropriate congressional com-
mittees a report detailing the following: 
(1) The impacts on the nuclear forces and force 
planning of the United States with respect to a 
State Party to the New START Treaty developing 
a capability to conduct a rapid reload of its ballistic 
missiles. 
(2) Whether any State Party to the New 
START Treaty has significantly increased its upload 
capability with non-deployed nuclear warheads and 
the degree to which such developments impact crisis 
stability and the nuclear forces, force planning, use 
concepts, and deterrent strategy of the United 
States. 
(3) The extent to which non-treaty-limited nu-
clear or strategic conventional systems pose a threat 
to the United States or the allies of the United 
States. 
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(4) The extent to which violations of arms con-
trol treaty and agreement obligations pose a risk to 
the national security of the United States and the 
allies of the United States, including the perpetua-
tion of violations ongoing as of the date of the enact-
ment of this Act, as well as potential further viola-
tions. 
(5) The extent to which— 
(A) the ‘‘escalate-to-deescalate’’ nuclear 
use doctrine of the Russian Federation is de-
terred under the current nuclear force struc-
ture, weapons capabilities, and declaratory pol-
icy of the United States; and 
(B) deterring the implementation of such a 
doctrine has been integrated into the warplans 
of the United States. 
(6) The status of the nuclear weapons, nuclear 
weapons infrastructure, and nuclear command and 
control modernization activities of the United States, 
and the impact such status has on plans to— 
(A) implement the reduction of the nuclear 
weapons of the United States; or 
(B) further reduce the numbers and types 
of such weapons. 
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(7) Whether, and if so, the reasons that, the 
New START Treaty, and the extension of the treaty 
as of the date of the report, is in the national secu-
rity interests of the United States. 
(c) NATIONAL INTELLIGENCE ESTIMATE.— 
(1) PRODUCTION.—The Director of National 
Intelligence shall produce a National Intelligence Es-
timate on the following: 
(A) The nuclear forces and doctrine of the 
Russian Federation. 
(B) The nuclear weapons research and 
production capability of Russia. 
(C) The compliance of Russia with respect 
to arms control obligations (including treaties, 
agreements, and other obligations). 
(D) The doctrine of Russia with respect to 
targeting adversary critical infrastructure and 
the relationship between such doctrine and 
other Russian war planning, including, at a 
minimum, ‘‘escalate-to-deescalate’’ concepts. 
(2) SUBMISSION.—The Director of National In-
telligence shall submit. consistent with the protection 
of sources and methods, to the appropriate congres-
sional committees the National Intelligence Estimate 
produced under paragraph (1). 
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(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committees on Armed Services of 
the House of Representatives and the Senate; 
(B) the Committee on Foreign Affairs of 
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate; and 
(C) the Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘New START Treaty’’ means the 
Treaty between the United States of America and 
the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and entered into 
force on February 5, 2011. 
SEC. 1646. CONSOLIDATION OF NUCLEAR COMMAND, CON-
TROL, AND COMMUNICATIONS FUNCTIONS 
OF THE AIR FORCE. 
(a) ROLE OF MAJOR COMMAND.— 
(1) CONSOLIDATION.—Not later than March 
31, 2017, the Secretary of the Air Force shall con-
solidate under a major command commanded by a 
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single general officer the responsibility, authority, 
accountability, and resources for carrying out the 
nuclear command, control, and communications 
functions of the Air Force, including, at a minimum, 
with respect to the following: 
(A) All terrestrial and aerial components of 
the nuclear command and control system that 
are survivable and endurable. 
(B) All terrestrial and aerial components 
of the integrated tactical warning and attack 
assessment system that are survivable and en-
durable. 
(2) OVERSIGHT AND BUDGET APPROVAL.—Not 
later than March 31, 2017, in addition to the re-
sponsibility, authority, accountability, and resources 
for carrying out the nuclear command, control, and 
communications functions of the Air Force provided 
to a commander of a major command under para-
graph (1), the Secretary shall provide to the com-
mander the responsibility, authority, accountability, 
and resources to— 
(A) conduct oversight over all components 
of the nuclear command and control system and 
the integrated tactical warning and attack as-
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sessment system, regardless of the location or 
the endurability of such components; and 
(B) approve or disapprove of any budg-
etary actions related to all components of the 
nuclear command and control system and the 
integrated tactical warning and attack assess-
ment system, regardless of the location or the 
endurability of such components. 
(b) REPORT.—Not later than January 15, 2017, the 
Secretary shall submit to the congressional defense com-
mittees a report on the plans and actions taken by the 
Secretary to carry out subsection (a), including any guid-
ance, directives, and orders that have been or will be 
issued by the Secretary, the Chief of Staff of the Air 
Force, or other elements of the Air Force to carry out 
subsection (a). 
SEC. 1647. REPORT ON RUSSIAN AND CHINESE POLITICAL 
AND MILITARY LEADERSHIP SURVIVABILITY, 
COMMAND AND CONTROL, AND CONTINUITY 
OF GOVERNMENT PROGRAMS AND ACTIVI-
TIES. 
(a) REPORT.—Not later than January 15, 2017, the 
Director of National Intelligence shall submit to the ap-
propriate congressional committees, consistent with the 
protection of sources and methods, a report on the leader-
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ship survivability, command and control, and continuity 
of government programs and activities with respect to the 
People’s Republic of China and the Russian Federation, 
respectively. The report shall include the following: 
(1) The goals and objectives of such programs 
and activities of each respective country. 
(2) An assessment of how such programs and 
activities fit into the political and military doctrine 
and strategy of each respective country. 
(3) An assessment of the size and scope of such 
activities, including the location and description of 
above-ground and underground facilities important 
to the political and military leadership survivability, 
command and control, and continuity of government 
programs and activities of each respective country. 
(4) An identification of which facilities various 
senior political and military leaders of each respec-
tive country are expected to operate out of during 
crisis and wartime. 
(5) A technical assessment of the political and 
military means and methods for command and con-
trol in wartime of each respective country. 
(6) An identification of key officials and organi-
zations of each respective country involved in man-
aging and operating such facilities, programs and 
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activities, including the command structure for each 
organization involved in such programs and activi-
ties. 
(7) An assessment of how senior leaders of each 
respective country measure the effectiveness of such 
programs and activities. 
(8) An estimate of the annual cost of such pro-
grams and activities. 
(9) An assessment of the degree of enhanced 
survivability such programs and activities can be ex-
pected to provide in various military scenarios rang-
ing from limited conventional conflict to strategic 
nuclear employment. 
(10) An assessment of the type and extent of 
foreign assistance, if any, in such programs and ac-
tivities. 
(11) An assessment of the status and the effec-
tiveness of the intelligence collection of the United 
States on such programs and capabilities, and any 
gaps in such collection. 
(12) Any other matters the Director determines 
appropriate. 
(b) COUNCIL ASSESSMENT.—Not later than 90 days 
after the date on which the Director submits the report 
under subsection (a), the Council on Oversight of the Na-
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tional Leadership Command, Control, and Communica-
tions System established by section 171a of title 10, 
United States Code, shall submit to the appropriate con-
gressional committees an assessment of how the command, 
control, and communications systems for the national 
leadership of the People’s Republic of China and the Rus-
sian Federation, respectively, compare to such system of 
the United States. 
(c) STRATCOM.—Together with the assessment 
submitted under subsection (b), the Commander of the 
United States Strategic Command shall submit to the ap-
propriate congressional committees the views of the Com-
mander on the report under subsection (a), including a 
detailed description for how the leadership survivability, 
command and control, and continuity of government pro-
grams and activities of the People’s Republic of China and 
the Russian Federation, respectively, are considered in the 
plans and options under the responsibility of the Com-
mander under the unified command plan. 
(d) FORMS.—Each report or assessment submitted 
under this section may be submitted in unclassified form, 
but may include a classified annex. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
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(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate. 
SEC. 1648. SENSE OF CONGRESS ON IMPORTANCE OF INDE-
PENDENT NUCLEAR DETERRENT OF UNITED 
KINGDOM. 
It is the sense of Congress that— 
(1) the United States believes that the inde-
pendent nuclear deterrent and decision-making of 
the United Kingdom provides a crucial contribution 
to international stability, the North Atlantic Treaty 
Organization alliance, and the national security of 
the United States; 
(2) nuclear deterrence is and will continue to be 
the highest priority mission of the Department of 
Defense and the United States benefits when the 
closest ally of the United States clearly and un-
equivocally sets similar priorities; 
(3) the United States sees the nuclear deterrent 
of the United Kingdom as central to trans-Atlantic 
security and to the commitment of the United King-
dom to NATO to spend two percent of gross domes-
tic product on defense; 
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(4) the commitment of the United Kingdom to 
maintain a continuous at-sea deterrence posture 
today and in the future complements the deterrent 
capabilities of the United States and provides a 
credible ‘‘second center of decision making’’ which 
ensures potential attackers cannot discount the soli-
darity of the mutual relationship of the United 
States and the United Kingdom; 
(5) the United States Navy must execute the 
Ohio-class replacement submarine program on time 
and within budget, seeking efficiencies and cost sav-
ings wherever possible, to ensure that the program 
delivers a Common Missile Compartment, the Tri-
dent II (D5) Strategic Weapon System, and associ-
ated equipment and production capabilities, that 
support the successful development and deployment 
of the Vanguard-successor submarines of the United 
Kingdom; and 
(6) the close technical collaboration, especially 
expert mutual scientific peer review, provides valu-
able resilience and cost effectiveness to the respec-
tive deterrence programs of the United States and 
the United Kingdom. 
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SEC. 1649. REQUESTS FOR FORCES TO MEET SECURITY RE-
QUIREMENTS FOR LAND-BASED NUCLEAR 
FORCES. 
(a) CERTIFICATION.—Not later than five days after 
the date of the enactment of this Act, the Chairman of 
the Joint Chiefs of Staff shall certify to the congressional 
defense committees that the Chairman has approved any 
requests for forces, as of the date of the enactment of this 
Act, of a commander of a combatant command to meet 
the security requirements of land-based nuclear forces. 
(b) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2017 for the travel and representational expenses 
of the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, not more than 75 percent may be 
obligated or expended until the date on which the Under 
Secretary certifies to the congressional defense committees 
that there is a competitive acquisition process in place to 
ensure that a UH–1N replacement aircraft is under con-
tract in fiscal year 2018. 
SEC. 1649A. MATTERS RELATED TO INTERCONTINENTAL 
BALLISTIC MISSILES. 
(a) POLICY.—It is the policy of the United States to 
maintain and modernize a responsive and alert interconti-
nental ballistic missile force to ensure robust nuclear de-
terrence by preventing any adversary from believing it can 
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carry out a small, surprise, first-strike attack on the 
United States that disarms the strategic forces of the 
United States. 
(b) PROHIBITION.— 
(1) IN GENERAL.—Except as provided by para-
graph (2), none of the funds authorized to be appro-
priated by this Act or otherwise made available for 
fiscal year 2017 shall be obligated or expended for— 
(A) reducing, or preparing to reduce, the 
responsiveness or alert level of the interconti-
nental ballistic missiles of the United States; or 
(B) reducing, or preparing to reduce, the 
quantity of deployed intercontinental ballistic 
missiles of the United States to a number less 
than 400. 
(2) EXCEPTION.—The prohibition in paragraph 
(1) shall not apply to any of the following activities: 
(A) The maintenance or sustainment of 
intercontinental ballistic missiles. 
(B) Ensuring the safety, security, or reli-
ability of intercontinental ballistic missiles. 
(C) Reduction in the number of deployed 
intercontinental ballistic missiles that are car-
ried out in compliance with— 
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(i) the limitations of the New START 
Treaty (as defined in section 494(a)(2)(D) 
of title 10, United States Code); and 
(ii) section 1644 of the Carl Levin an 
Howard P. ‘‘Buck’’ McKeon National De-
fense Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 128 Stat. 
3651; 10 U.S.C. 494 note). 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
of the Air Force and the Chairman of the Nuclear 
Weapons Council shall submit to the congressional 
defense committees a report regarding efforts to 
carry out section 1057 of the National Defense Au-
thorization Act for Fiscal Year 2014 (Public Law 
113–66; 10 U.S.C. 495 note). 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following with respect to the pe-
riod of the expected lifespan of the Minuteman III 
system: 
(A) The number of nuclear warheads re-
quired to support the capability to redeploy 
multiple independently retargetable reentry ve-
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hicles across the full intercontinental ballistic 
missile fleet. 
(B) The current and planned (until 2030) 
readiness state of nuclear warheads intended to 
support the capability to redeploy multiple inde-
pendently retargetable reentry vehicles across 
the full intercontinental ballistic missile fleet, 
including which portion of the active or inactive 
stockpile such warheads are classified within. 
(C) The current and planned (until 2030) 
reserve of components or subsystems required 
to redeploy multiple independently retargetable 
reentry vehicles across the full intercontinental 
ballistic missile fleet, including the plans or in-
dustrial capability and capacity to produce more 
such components or subsystems, if needed. 
(D) The current and planned (until 2030) 
time required to commence redeployment of 
multiple independently retargetable reentry ve-
hicles across the intercontinental ballistic mis-
sile fleet, including the time required to finish 
deployment across the full fleet. 
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Subtitle E—Missile Defense 
Programs 
SEC. 1651. EXTENSIONS OF PROHIBITIONS RELATING TO 
MISSILE DEFENSE INFORMATION AND SYS-
TEMS. 
(a) PROHIBITION ON INTEGRATION OF CERTAIN MIS-
SILE DEFENSE SYSTEMS.— 
(1) IN
GENERAL.—Section 130h of title 10, 
United States Code, is amended— 
(A) by redesignating subsection (d) as sub-
section (e); 
(B) by inserting after subsection (c) the 
following new subsection (d): 
‘‘(d) INTEGRATION.—None of the funds authorized to 
be appropriated or otherwise made available for any fiscal 
year for the Department of Defense may be obligated or 
expended to integrate a missile defense system of the Rus-
sian Federation or a missile defense system of the People’s 
Republic of China into any missile defense system of the 
United States.’’; and 
(C) by striking the section heading and in-
serting the following: ‘‘Prohibitions relat-
ing to missile defense information 
and systems’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 3 of title 10, 
United States Code, is amended by striking the item 
relating to section 130h and inserting the following 
new item: 
‘‘130h. Prohibitions relating to missile defense information and systems.’’. 
(3) CONFORMING
REPEALS.—Sections 1672 
and 1673 of the National Defense Authorization Act 
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 
1130) are repealed. 
(b) EXTENSION
OF SUNSET.—Section 130h(e) of 
title 10, United States Code, as redesignated by subsection 
(a)(1), is amended to read as follows: 
‘‘(e) SUNSET.—The prohibitions in subsections (a), 
(b), and (d) shall expire on January 1, 2027.’’. 
SEC. 1652. REVIEW OF THE MISSILE DEFEAT POLICY AND 
STRATEGY OF THE UNITED STATES. 
(a) NEW REVIEW.—The Secretary of Defense and 
the Chairman of the Joint Chiefs of Staff shall jointly con-
duct a new review of the missile defeat capability, policy, 
and strategy of the United States, with respect to— 
(1) left- and right-of-launch ballistic missile de-
fense for— 
(A) both regional and homeland purposes; 
and 
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(B) the full range of active, passive, ki-
netic, and nonkinetic defense measures across 
the full spectrum of land-, air-, sea-, and space- 
based platforms; 
(2) the integration of offensive and defensive 
forces for the defeat of ballistic missiles, including 
against weapons initially deployed on ballistic mis-
siles, such as hypersonic glide vehicles; and 
(3) cruise missile defense of the homeland. 
(b) ELEMENTS.—The review under subsection (a) 
shall address the following: 
(1) The missile defeat policy, strategy, and ob-
jectives of the United States in relation to the na-
tional security strategy of the United States and the 
military strategy of the United States. 
(2) The role of deterrence in the missile defeat 
policy and strategy of the United States. 
(3) The missile defeat posture, capability, and 
force structure of the United States. 
(4) With respect to both the five- and ten-year 
periods beginning on the date of the review, the 
planned and desired end-state of the missile defeat 
programs of the United States, including regarding 
the integration and interoperability of such pro-
grams with the joint forces and the integration and 
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interoperability of such programs with allies, and 
specific benchmarks, milestones, and key steps re-
quired to reach such end-states. 
(5) The organization, discharge, and oversight 
of acquisition for the missile defeat programs of the 
United States. 
(6) The roles and responsibilities of the Office 
of the Secretary of Defense, Defense Agencies, com-
batant commands, the Joint Chiefs of Staff, and the 
military departments in such programs and the 
process for ensuring accountability of each stake-
holder. 
(7) The process for determining requirements 
for missile defeat capabilities under such programs, 
including input from the joint military requirements 
process. 
(8) The process for determining the force struc-
ture and inventory objectives for such programs. 
(9) Standards for the military utility, oper-
ational effectiveness, suitability, and survivability of 
the missile defeat systems of the United States. 
(10) The method in which resources for the 
missile defeat mission are planned, programmed, 
and budgeted within the Department of Defense. 
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(18) The indications and warning required to 
meet the missile defeat strategy and objectives of the 
United States described in paragraph (1) and the 
key enablers and programs to achieve such indica-
tions and warning. 
(19) The impact of the mobility, counter-
measures, and denial and deception capabilities of 
adversaries on the indications and warning described 
in paragraph (16) and the consequences of such im-
pact for the missile defeat capability, objectives, and 
military options of the United States and the plans 
of the combatant commanders. 
(20) Any other matters the Secretary deter-
mines relevant. 
(c) REPORTS.— 
(1) RESULTS.—Not later than January 31, 
2018, the Secretary shall submit to the congres-
sional defense committees a report setting forth the 
results of the review under subsection (a). 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(3) ANNUAL
IMPLEMENTATION
UPDATES.— 
During the five-year period beginning on the date of 
the submission of the report under paragraph (1), 
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the Director of Cost Assessment and Program Eval-
uation shall submit to the Secretary of Defense, the 
Chairman of the Joint Chiefs of Staff, and the con-
gressional defense committees annual status updates 
detailing the progress of the Secretary in imple-
menting the missile defeat strategy of the United 
States. 
(4) THREAT REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Di-
rector of National Intelligence shall submit to the 
congressional defense committees, the Permanent 
Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intel-
ligence of the Senate a report containing an unclas-
sified summary, consistent with the protection of in-
telligence sources and methods, of— 
(A) as of the date of the report, the bal-
listic and cruise missile threat to the United 
States, deployed forces of the United States, 
and friends and allies of the United States from 
short-, medium-, intermediate-, and long-range 
nuclear and non-nuclear ballistic and cruise 
missile threats; and 
(B) an assessment of such threat in 2026. 
(d) NOTIFICATION.— 
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(1) IN GENERAL.—None of the funds author-
ized to be appropriated by this Act or otherwise 
made available for fiscal year 2017 or any fiscal year 
thereafter for the Secretary of Defense may be obli-
gated or expended to change the non-standard acqui-
sition processes and responsibilities described in 
paragraph (2) until— 
(A) the Secretary notifies the congressional 
defense committees of such proposed change; 
and 
(B) a period of 180 days has elapsed fol-
lowing the date of such notification. 
(2) NON-STANDARD
ACQUISITION
PROCESSES 
AND
RESPONSIBILITIES
DESCRIBED.—The 
non- 
standard acquisition processes and responsibilities 
described in this paragraph are such processes and 
responsibilities described in— 
(A) the memorandum of the Secretary of 
Defense titled ‘‘Missile Defense Program Direc-
tion’’ signed on January 2, 2002; and 
(B) Department of Defense Directive 
5134.09, as in effect on the date of the enact-
ment of this Act. 
(e) DESIGNATION REQUIRED.— 
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(1) AUTHORITY.—Not later than March 31, 
2018, the Secretary of Defense shall designate a 
military department or Defense Agency with acquisi-
tion authority with respect to— 
(A) the capability to defend the homeland 
from cruise missiles; and 
(B) left-of-launch ballistic missile defeat 
capability. 
(2) VALIDATION.—In making such designation 
under paragraph (1), the Secretary shall include a 
description of the manner in which the military re-
quirements for such capabilities will be validated. 
SEC. 1653. IRON DOME SHORT-RANGE ROCKET DEFENSE 
SYSTEM AND ISRAELI COOPERATIVE MISSILE 
DEFENSE PROGRAM CODEVELOPMENT AND 
COPRODUCTION. 
(a) IRON DOME SHORT-RANGE ROCKET DEFENSE 
SYSTEM.— 
(1) AVAILABILITY
OF
FUNDS.—Of the funds 
authorized to be appropriated by section 101 for 
procurement, Defense-wide, and available for the 
Missile Defense Agency, not more than $62,000,000 
may be provided to the Government of Israel to pro-
cure Tamir interceptors for the Iron Dome short- 
range rocket defense system, as specified in the 
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funding table in division D, through coproduction of 
such interceptors in the United States by industry of 
the United States. 
(2) CONDITIONS.— 
(A) AGREEMENT.—Funds described in 
paragraph (1) for the Iron Dome short-range 
rocket defense program shall be available sub-
ject to the terms and conditions in the Agree-
ment Between the Department of Defense of 
the United States of America and the Ministry 
of Defense of the State of Israel Concerning 
Iron Dome Defense System Procurement, 
signed on March 5, 2014, subject to an amend-
ed bilateral international agreement for co-
production for Tamir interceptors. In negotia-
tions by the Missile Defense Agency and the 
Missile Defense Organization of the Govern-
ment of Israel regarding such production, the 
goal of the United States is to maximize oppor-
tunities for coproduction of the Tamir intercep-
tors described in paragraph (1) in the United 
States by industry of the United States. 
(B) CERTIFICATION.—Not later than 30 
days prior to the initial obligation of funds de-
scribed in paragraph (1), the Director of the 
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Missile Defense Agency and the Under Sec-
retary of Defense for Acquisition, Technology, 
and Logistics shall jointly submit to the appro-
priate congressional committees— 
(i) a certification that the bilateral 
international agreement specified in sub-
paragraph (A) is being implemented as 
provided in such bilateral international 
agreement; and 
(ii) an assessment detailing any risks 
relating to the implementation of such bi-
lateral international agreement. 
(b) COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND COPRODUCTION.— 
(1) IN GENERAL.—Subject to paragraph (2), of 
the funds authorized to be appropriated for fiscal 
year 2017 for procurement, Defense-wide, and avail-
able for the Missile Defense Agency— 
(A) not more than $150,000,000 may be 
provided to the Government of Israel to procure 
the David’s Sling Weapon System, including for 
coproduction of parts and components in the 
United States by United States industry; and 
(B) not more than $120,000,000 may be 
provided to the Government of Israel for the 
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Arrow 3 Upper Tier Interceptor Program, in-
cluding for coproduction of parts and compo-
nents in the United States by United States in-
dustry. 
(2) CERTIFICATION.— 
(A) CRITERIA.—Except as provided by 
paragraph (3), the Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall 
submit to the appropriate congressional com-
mittees a certification that— 
(i) the Government of Israel has dem-
onstrated the successful completion of the 
knowledge points, technical milestones, and 
production readiness reviews required by 
the research, development, and technology 
agreements for the David’s Sling Weapon 
System and the Arrow 3 Upper Tier De-
velopment Program, respectively; 
(ii) funds specified in subparagraphs 
(A) and (B) of paragraph (1) will be pro-
vided on the basis of a one-for-one cash 
match made by Israel for such respective 
systems or in another matching amount 
that otherwise meets best efforts (as mutu-
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ally agreed to by the United States and 
Israel); 
(iii) the United States has entered 
into a bilateral international agreement 
with Israel that establishes, with respect to 
the use of such funds— 
(I) in accordance with clause (iv), 
the terms of coproduction of parts 
and components of such respective 
systems on the basis of the greatest 
practicable coproduction of parts, 
components, and all-up rounds (if ap-
propriate) by United States industry 
and minimizes nonrecurring engineer-
ing and facilitization expenses to the 
costs needed for coproduction; 
(II) complete transparency on the 
requirement of Israel for the number 
of interceptors and batteries of such 
respective systems that will be pro-
cured, including with respect to the 
procurement plans, acquisition strat-
egy, and funding profiles of Israel; 
(III) technical milestones for co-
production of parts and components 
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and procurement of such respective 
systems; and 
(IV) joint approval processes for 
third-party sales of such respective 
systems and the components of such 
respective systems; 
(iv) the level of coproduction described 
in clause (iii)(I) for the Arrow 3 and Da-
vid’s Sling Weapon System is not less than 
50 percent; and 
(v) such funds may not be obligated 
or expended to cover costs related to any 
delays, including delays with respect to ex-
changing technical data or specifications. 
(B) NUMBER.—In carrying out subpara-
graph (A), the Under Secretary may submit— 
(i) one certification covering both the 
David’s Sling Weapon System and the 
Arrow 3 Upper Tier Interceptor Program; 
or 
(ii) separate certifications for each 
such respective system. 
(C) TIMING.—The Under Secretary shall 
submit to the congressional defense committees 
the certification under subparagraph (A) by not 
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later than 60 days before the funds specified in 
paragraph (1) for the respective system covered 
by the certification are provided to the Govern-
ment of Israel. 
(3) WAIVER.—The Under Secretary may waive 
the certification required by paragraph (2) if the 
Under Secretary certifies to the appropriate congres-
sional committees that the Under Secretary has re-
ceived sufficient data from the Government of Israel 
to demonstrate— 
(A) the funds specified in subparagraphs 
(A) and (B) of paragraph (1) are provided to 
Israel solely for funding the procurement of 
long-lead components in accordance with a pro-
duction plan, including a funding profile detail-
ing Israeli contributions for production, includ-
ing long-lead production, of either David’s Sling 
Weapon System or the Arrow 3 Upper Tier In-
terceptor Program; 
(B) such long-lead components have suc-
cessfully completed knowledge points, technical 
milestones, and production readiness reviews; 
and 
(C) the long-lead procurement will be con-
ducted in a manner that maximizes coproduc-
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tion in the United States without incurring ad-
ditional nonrecurring engineering activity or 
cost. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate. 
SEC. 1654. MAXIMIZING AEGIS ASHORE CAPABILITY. 
(a) ANTI-AIR
WARFARE
CAPABILITY
OF
AEGIS 
ASHORE SITES.— 
(1) EVALUATION.—The Secretary of Defense 
shall conduct a complete evaluation of the optimal 
anti-air warfare capability— 
(A) for each current Aegis Ashore site by 
not later than 180 days after the date of the 
enactment of this Act; and 
(B) as part of any future deployment by 
the United States of an Aegis Ashore site after 
the date of such enactment. 
(2) ASSESSMENTS INCLUDED.—Each evaluation 
under paragraph (1) shall include an assessment of 
the potential deployment of enhanced sea sparrow 
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missiles, standard missile block 2 missiles, standard 
missile block 6 missiles, or the SeaRAM missile sys-
tem. 
(3) CONSISTENCY
WITH
ANNEX.—The Sec-
retary shall carry out this subsection consistent with 
any classified annex accompanying this Act. 
(b) AEGIS ASHORE CAPABILITY EVALUATION.—Not 
later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense and the Chairman of 
the Joint Chiefs of Staff shall jointly submit to the con-
gressional defense committees an evaluation of each of the 
following: 
(1) The ballistic missile and air threat against 
the continental United States and the efficacy (in-
cluding with respect to cost, ideal and optimal de-
ployment locations, and potential deployment sched-
ule) of deploying one or more Aegis Ashore sites and 
Aegis Ashore components for the ballistic and cruise 
missile defense of the continental United States. 
(2) The ballistic missile and air threat against 
the Armed Forces on Guam and the efficacy (includ-
ing with respect to cost and schedule) of deploying 
an Aegis Ashore site on Guam. 
(c) AEGIS ASHORE SITE ON THE PACIFIC MISSILE 
RANGE FACILITY.— 
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(1) LIMITATION.—The Secretary of Defense 
may not reduce the manning levels or test capability, 
as such levels and capability existed on January 1, 
2015, of the Aegis Ashore site at the Pacific Missile 
Range Facility in Hawaii, including by putting such 
site into a ‘‘cold’’ or ‘‘stand by’’ status. 
(2) ENVIRONMENTAL IMPACT STATEMENT.— 
(A) Not later than 60 days after the date 
on which the Director of the Missile Defense 
Agency submits to the congressional defense 
committees the report under section 1689(b)(2) 
of the National Defense Authorization Act for 
Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1144), the Director shall notify such com-
mittees on whether the preferred alternative for 
fielding a medium range ballistic missile defense 
sensor for the defense of Hawaii identified by 
such report would require an update to the en-
vironmental impact statement required for con-
structing the Aegis Ashore site at the Pacific 
Missile Range Facility. 
(B) If the Director determines that an up-
dated environmental impact statement, a new 
environmental impact statement, or another ac-
tion is required or recommended pursuant to 
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the National Environmental Policy Act of 1969 
(42 U.S.C. et seq.), the Director shall com-
mence such action by not later than 60 days 
after the date on which the Director makes the 
notification under subparagraph (A). 
(3) EVALUATION.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
of Defense and the Chairman of the Joint Chiefs of 
Staff shall jointly submit to the congressional de-
fense committees an evaluation of the ballistic mis-
sile and air threat against Hawaii (including with re-
spect to threats to the Armed Forces and installa-
tions located in Hawaii) and the efficacy (including 
with respect to cost and potential alternatives) of— 
(A) making the Aegis Ashore site at the 
Pacific Missile Range Facility operational; 
(B) deploying the preferred alternative for 
fielding a medium range ballistic missile defense 
sensor for the defense of Hawaii described in 
paragraph (2)(A); and 
(C) any other alternative the Secretary and 
the Chairman determine appropriate. 
(d) FORMS.—The evaluations submitted under sub-
sections (b) and (c)(3) shall each be submitted in unclassi-
fied form, but may each include a classified annex. 
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SEC. 1655. TECHNICAL AUTHORITY FOR INTEGRATED AIR 
AND MISSILE DEFENSE ACTIVITIES AND PRO-
GRAMS. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The Director of the Missile 
Defense Agency is the technical authority of the De-
partment of Defense for integrated air and missile 
defense activities and programs, including joint engi-
neering and integration efforts for such activities 
and programs, including with respect to defining and 
controlling the interfaces of such activities and pro-
grams and the allocation of technical requirements 
for such activities and programs. 
(2) DETAILEES.— 
(A) In carrying out the technical authority 
under paragraph (1), the Director may seek to 
have staff detailed to the Missile Defense Agen-
cy from the Joint Functional Component Com-
mand for Integrated Missile Defense and the 
Joint Integrated Air and Missile Defense Orga-
nization in a number the Director determines 
necessary in accordance with subparagraph (B). 
(B) In detailing staff under subparagraph 
(A) to carry out the technical authority under 
paragraph (1), the total number of staff, in-
cluding detailees, of the Missile Defense Agency 
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who carry out such authority may not exceed 
the number that is twice the number of such 
staff carrying out such authority as of January 
1, 2016. 
(b) ASSESSMENTS AND PLANS.— 
(1) BIENNIAL
SUBMISSION.—Not later than 
January 31, 2017, and biennially thereafter through 
2021, the Director shall submit to the congressional 
defense committees an assessment of the state of in-
tegration and interoperability of the integrated air 
and missile defense capabilities of the Department of 
Defense. 
(2) ELEMENTS.—Each assessment under para-
graph (1) shall include the following: 
(A) Identification of any gaps in the inte-
gration and interoperability of the integrated 
air and missile defense capabilities of the De-
partment. 
(B) A description of the options to improve 
such capabilities and remediate such gaps. 
(C) A plan to carry out such improvements 
and remediations, including milestones and 
costs for such plan. 
(3) FORM.—Each assessment under paragraph 
(1) shall be submitted in classified form unless the 
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Director determines that submitting such assess-
ment in unclassified form is useful and expedient. 
SEC. 1656. DEVELOPMENT AND RESEARCH OF NON-TER-
RESTRIAL MISSILE DEFENSE LAYER. 
(a) DEVELOPMENT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Director 
of the Missile Defense Agency, with the support of 
federally funded research and development centers 
with subject matter expertise, shall commence the 
planning for concept definition, design, research, de-
velopment, engineering evaluation, and test of a 
space-based ballistic missile intercept and defeat 
layer to the ballistic missile defense system that— 
(A) shall provide defense options to bal-
listic missiles and re-entry vehicles, independent 
of adversary country size and threat trajectory; 
and 
(B) may provide a boost-phase missile de-
fense capability, as well as additional defensive 
options against direct ascent anti-satellite weap-
ons, hypersonic boost glide vehicles, and maneu-
vering re-entry vehicles. 
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(2) ACTIVITIES.—The planning activities au-
thorized under paragraph (1) shall include, at a 
minimum, the following: 
(A) The initiation of formal steps for po-
tential integration into the ballistic missile de-
fense system architecture. 
(B) Mature planning for early proof of 
concept component demonstrations. 
(C) Draft operation concepts in the context 
of a multi-layer architecture. 
(D) Identification of proof of concept ven-
dor sources for demo components and sub-
assemblies. 
(E) The development of multi-year tech-
nology and risk reduction investment plan. 
(F) The commencement of the develop-
ment of a proof of concept master program 
phasing schedule. 
(G) Identification of proof of concept long 
lead items. 
(H) Initiation of requests for proposals 
from industry with significant commercial, civil, 
and national security space experience, includ-
ing for space launch services. 
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(I) Mature options for an aggressive but 
low-risk acquisition strategy. 
(b) SPACE TEST BED.—Not later than 60 days after 
the date of the enactment of this Act, the Director shall 
commence planning for research, development, test, and 
evaluation activities with respect to a space test bed for 
a missile interceptor capability. 
(c) BUDGET SUBMISSIONS.—The Director shall sub-
mit with the budget of the President submitted to Con-
gress under section 1105(a) of title 31, United States 
Code, for fiscal year 2018 a detailed budget and develop-
ment plan, irrespective of planned budgetary total obliga-
tion authority, for the activities described in subsections 
(a) and (b), assuming initial demonstration, on-orbit, of 
such the capabilities described in such subsections by 
2025. 
SEC. 1657. HYPERSONIC BOOST GLIDE VEHICLE DEFENSE. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Di-
rector of the Missile Defense Agency shall establish 
a program of record in the ballistic missile defense 
system to develop and field a defensive system to de-
feat hypersonic boost-glide and maneuvering ballistic 
missiles. Such defense system may be a new system, 
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a modification of an existing system, or developed by 
integrating existing systems. 
(2) CODEVELOPMENT.—In developing the pro-
gram of record for the defensive system under para-
graph (1), the Director shall consider opportunities 
for codevelopment, including through financial sup-
port, with allies and partners of the United States. 
(b) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2017 for the headquarters operations of the 
Under Secretary of Defense for Policy and the head-
quarters operations of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics, $25,000,000 may 
not be obligated or expended for each such headquarters 
operations until— 
(1) the Director certifies to the congressional 
defense committees that the Director has established 
the program of record under paragraph (1) of sub-
section (a), including a discussion of— 
(A) the options for codevelopment consid-
ered by the Director under paragraph (2) of 
such subsection; 
(B) such options the Director has assessed; 
and 
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(C) such options the Director recommends 
be pursued in the program of record; and 
(2) the Chairman of the Joint Chiefs of Staff 
submits to the congressional defense committees a 
report on the military capability or capabilities and 
capability gaps relating to the threat posed by 
hypersonic boost-glide and maneuvering ballistic 
missiles to the United States, the forces of the 
United States, and the allies of the United States; 
and 
(3) a period of 30 days has elapsed following 
the date on which the congressional defense commit-
tees has received both the certification and the re-
port. 
(c) REPORT ON MTCR.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of Defense, with the concurrence of the Secretary of State, 
shall submit to the congressional defense committees and 
the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs of the House of Rep-
resentatives a report on the implications for the Missile 
Technology Control Regime regarding the development of 
a defensive system, including with respect to partnering 
with allies and partners of the United States, to counter 
hypersonic boost-glide and maneuvering ballistic missiles. 
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(d) PLAN.—Not later than 30 days after the date on 
which the budget of the President for fiscal year 2018 is 
submitted to Congress under section 1105 of title 31, 
Unites States Code, the Director shall submit to the con-
gressional defense committees a plan to field the defensive 
system under paragraph (1) of subsection (a) by 2021, 
including— 
(1) a schedule of required ground, flight, and 
intercept tests; and 
(2) the estimated budget for such plan, includ-
ing a budget with codevelopment described in para-
graph (2) of such subsection and a budget without 
such codevelopment, required for each year begin-
ning with fiscal year 2018. 
SEC. 1658. LIMITATION ON AVAILABILITY OF FUNDS FOR 
PATRIOT LOWER TIER AIR AND MISSILE DE-
FENSE CAPABILITY OF THE ARMY. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 for 
the Patriot lower tier air and missile defense capability 
of the Army, not more than 50 percent may be obligated 
or expended until each of the following occurs: 
(1) The Director of the Missile Defense Agency 
certifies to the congressional defense committees 
that such capability, upon the completion of the 
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modernization process addressed by the analysis of 
alternatives regarding such capability, will be fully 
interoperable with the ballistic missile defense sys-
tem and other air and missile defense capabilities 
deployed and planned to be deployed by the United 
States. 
(2) The Chairman of the Joint Chiefs of Staff 
certifies to the congressional defense committees 
that such capability, upon the completion of the 
modernization process addressed by the analysis of 
alternatives regarding such capability, will meet— 
(A) the desired attributes for modularity 
sought by the geographic combatant commands; 
and 
(B) the validated and objective warfighter 
requirements for air and missile defense capa-
bility. 
(3) The Chief of Staff of the Army, in coordina-
tion with the Secretary of the Army, submits to the 
congressional defense committees— 
(A) a determination as to whether the re-
quirements of the lower tier air and missile de-
fense program are appropriate for acquisition 
through the Army Rapid Capabilities Office, 
and if the determination is that such require-
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ments are not so appropriate, an evaluation of 
why; 
(B) the terms of the competition planned 
for the lower tier air and missile defense pro-
gram to ensure fair competition for all competi-
tors; and 
(C) either— 
(i) certification that— 
(I) the requirements of the lower 
tier air and missile defense program 
can only be met through a multi-year 
development and acquisition program, 
rather than through more expedient 
modification of existing or dem-
onstrated capabilities of the Depart-
ment of Defense; and 
(II) the lower tier air and missile 
defense acquisition program as de-
signed as of the date of the certifi-
cation will provide the most rapid de-
ployment of a modernized capability 
to the warfighter at reasonable risk 
levels (as compared to systems with 
similar amounts of complexity and 
technological readiness); or 
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(ii) a revised acquisition strategy for 
the lower tier air and missile defense ac-
quisition program, including a schedule to 
carry out such strategy. 
(4) If the Chief of Staff of the Army submits 
the revised acquisition strategy under paragraph 
(3)(C)(ii), a period of 30 days has elapsed following 
the date of such submission. 
SEC. 1659. LIMITATION ON AVAILABILITY OF FUNDS FOR 
CONVENTIONAL PROMPT GLOBAL STRIKE 
WEAPONS SYSTEM. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 for 
research, development, test, and evaluation, Defense-wide, 
for the conventional prompt global strike weapons system, 
not more than 75 percent may be obligated or expended 
until the date on which the Chairman of the Joint Chiefs 
of Staff, in consultation with the Commander of the 
United States European Command, the Commander of the 
United States Pacific Command, and the Commander of 
the United States Strategic Command, submits to the con-
gressional defense committees a report on— 
(1) whether there are warfighter requirements 
or integrated priorities list submitted needs for a 
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limited operational conventional prompt strike capa-
bility; and 
(2) whether the program plan and schedule pro-
posed by the program office in the Office of the 
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics supports such requirements 
and integrated priorities lists submissions. 
SEC. 1660. PILOT PROGRAM ON LOSS OF UNCLASSIFIED, 
CONTROLLED TECHNICAL INFORMATION. 
(a) PILOT PROGRAM.—Beginning not later than 90 
days after the date of the enactment of this Act, the Direc-
tor of the Missile Defense Agency shall carry out a pilot 
program to implement improvements to the data protec-
tion options in the programs of the Missile Defense Agen-
cy (including the contractors of the Agency), particularly 
with respect to unclassified, controlled technical informa-
tion and controlled unclassified information. 
(b) PRIORITY.—In carrying out the pilot program 
under subsection (a), the Director shall give priority to 
implementing data protection options that are used by the 
private sector and have been proven successful. 
(c) DURATION.—The Director shall carry out the 
pilot program under subsection (a) for not more than a 
5-year period. 
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(d) NOTIFICATION.—Not later than 30 days before 
the date on which the Director commences the pilot pro-
gram under subsection (a), the Director shall notify the 
congressional defense committees, the Committee on Over-
sight and Government Reform of the House of Represent-
atives, and the Committee on Homeland Security and Gov-
ernment Affairs of the Senate of— 
(1) the data protection options that the Direc-
tor is considering to implement under the pilot pro-
gram and the potential costs of such options; and 
(2) such option that is the preferred option of 
the Director. 
(e) DATA PROTECTION OPTIONS.—In this section, 
the term ‘‘data protection options’’ means actions to im-
prove processes, practices, and systems that relate to the 
safeguarding, hygiene, and data protection of information. 
SEC. 1661. REVIEW OF MISSILE DEFENSE AGENCY BUDGET 
SUBMISSIONS 
FOR 
GROUND-BASED 
MID-
COURSE DEFENSE AND EVALUATION OF AL-
TERNATIVE GROUND-BASED INTERCEPTOR 
DEPLOYMENTS. 
(a) BUDGET SUFFICIENCY.— 
(1) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Director 
of Cost Assessment and Program Evaluation shall 
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submit to the congressional defense committees a re-
port on the ground-based midcourse defense system. 
(2) ELEMENTS.—The report under paragraph 
(1) shall include an evaluation of each of the fol-
lowing: 
(A) The modernization requirements for 
the ground-based midcourse system, including 
all command and control, ground systems, sen-
sors and sensor interfaces, boosters and kill ve-
hicles, and integration of known future systems 
and components. 
(B) The obsolescence of such systems and 
components. 
(C) The industrial base requirements relat-
ing to the ground-based midcourse system. 
(D) The extent to which the estimated lev-
els of annual funding included in the most re-
cent budget and the future-years defense pro-
gram submitted under section 221 of this title 
fully fund the requirements under clause (i). 
(3) UPDATES.—Not later than 30 days after 
the date on which each budget is submitted through 
January 31, 2021, the Director shall submit to the 
congressional defense committees an update to the 
report under paragraph (1). 
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(4) CERTIFICATION.—Not later than 60 days 
after the date on which each budget is submitted 
through January 31, 2021, the Commander of the 
United States Northern Command shall certify to 
the congressional defense committees that the most 
recent defense budget materials include a sufficient 
level of funding for the ground-based midcourse de-
fense system to modernize the system to remain 
paced ahead of the developing limited ballistic mis-
sile threat to the homeland, including from an acci-
dental or unauthorized ballistic missile attack. 
(b) EVALUATION
OF
TRANSPORTABLE
GROUND- 
BASED INTERCEPTOR.—Not later than 180 days after the 
date of the enactment of this Act, the Director of the Mis-
sile Defense Agency shall submit to the congressional de-
fense committees a report on transportable ground-based 
interceptors. Such report shall detail the views of the Di-
rector regarding— 
(1) the cost that is unconstrained by current 
projected budget levels for the Missile Defense Agen-
cy (including a detailed program development pro-
duction and deployment cost and schedule for the 
earliest technically possible deployment), the associ-
ated manning, and the comparative cost (including 
as compared to developing a fixed ground-based in-
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terceptor site), technical readiness, and feasibility of 
a transportable ground-based interceptor as a means 
to deploy additional ground-based interceptors for 
the defense of the United States and the operational 
value of a transportable ground-based interceptor for 
the defense of the homeland against a limited bal-
listic missile attack, including from accidental or un-
authorized ballistic missile launch; 
(2) the type and number of flight and or inter-
cept tests that would be required to validate the ca-
pability and compatibility of a transportable ground- 
based interceptor in the ballistic missile defense sys-
tem; 
(3) the enabling capabilities, and the cost of 
such capabilities, to support such a system; 
(4) any safety consideration of a transportable 
ground-based interceptor; and 
(5) other matters that the Director determines 
pertinent to such a system. 
(c) FORM.—The report submitted under subsection 
(b) shall be submitted in unclassified form, but may in-
clude a classified annex. 
(d) DEFINITIONS.—In this section, the terms ‘‘budg-
et’’ and ‘‘defense budget materials’’ have the meanings 
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given those terms in section 231 of title 10, United States 
Code. 
SEC. 1662. DECLARATORY POLICY, CONCEPT OF OPER-
ATIONS, AND EMPLOYMENT GUIDELINES FOR 
LEFT-OF-LAUNCH CAPABILITY. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense and the Chair-
man of the Joint Chiefs of Staff shall jointly submit to 
the congressional defense committees the following: 
(1) Both the classified and unclassified declara-
tory policy of the United States regarding the use of 
the left-of-launch capability of the United States 
against potential targets and how the Secretary and 
the Chairman intend to ensure that such capability 
is a deterrent to attacks by adversaries. 
(2) Both the classified and unclassified concept 
of operations for the use of such capability across 
and between the combatant commands. 
(3) Both the classified and unclassified employ-
ment strategy, plans, and options for such capa-
bility. 
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SEC. 1663. PROCUREMENT OF MEDIUM-RANGE DISCRIMI-
NATION RADAR TO IMPROVE HOMELAND MIS-
SILE DEFENSE. 
(a) The Director of the Missile Defense Agency shall 
issue a request for proposals for such radar by not later 
than October 1, 2017. 
(b) The Director shall plan to procure a medium- 
range discrimination radar or equivalent sensor for a loca-
tion the Director determines will improve homeland mis-
sile defense for the defense of Hawaii from the limited 
ballistic missile threat (including accidental or unauthor-
ized launch) and plan for such radar to be fielded by not 
later than December 31, 2021. 
SEC. 1664. SEMIANNUAL NOTIFICATIONS ON MISSILE DE-
FENSE TESTS AND COSTS. 
(a) NOTIFICATIONS.—Not less than once every 180- 
day period beginning 90 days after the date of the enact-
ment of this Act and ending on January 31, 2021, the 
Director of the Missile Defense Agency shall submit to the 
congressional defense committees a notification on— 
(1) the outcome of each planned flight test, in-
cluding intercept tests, occurring during the period 
covered by the notification; and 
(2) flight tests, including intercept tests, 
planned to occur after the date of the notification. 
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(b) ELEMENTS.—Each notification shall include the 
following: 
(1) With respect to each test described in sub-
section (a)(1)— 
(A) the cost; 
(B) any changes made to the scope or ob-
jectives of the test, or future tests, and an ex-
planation for such changes; 
(C) in the event of a failure of the test or 
a decision to delay or cancel the test— 
(i) the reasons such test did not suc-
ceed or occur; 
(ii) the funds expended on such at-
tempted test; and 
(iii) in the case of a test failure or 
cancelled test that is the result of con-
tractor performance, the contractor liabil-
ity, if appropriate, as compared to the cost 
of such test and potential retest; and 
(D) the plan to conduct a retest, if nec-
essary, and an estimate of the cost of such 
retest. 
(2) With respect to each test described in sub-
section (a)(2)— 
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(A) any changes made to the scope of the 
test; 
(B) whether the test was to occur earlier 
but was delayed; and 
(C) an explanation for any such changes or 
delays. 
(3) The status of any open failure review 
boards or any failure review boards completed dur-
ing the period covered by the notification. 
(c) FORM.—Each notification submitted under sub-
section (a) shall be submitted in unclassified form, but 
may include a classified annex. 
SEC. 1665. NATIONAL MISSILE DEFENSE POLICY. 
(a) POLICY.—It is the policy of the United States to 
maintain and improve a robust layered missile defense sys-
tem capable of defending the territory of the United 
States, allies, deployed forces, and capabilities against the 
developing and increasingly complex ballistic missile threat 
with funding subject to the annual authorization of appro-
priations and the annual appropriation of funds for Na-
tional Missile Defense. 
(b) CONFORMING REPEAL.—Section 2 of the Na-
tional Missile Defense Act of 1999 (Public Law 106–38; 
10 U.S.C. 2431 note) is repealed. 
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SEC. 1666. SENSE OF CONGRESS ON INITIAL OPERATING 
CAPABILITY OF PHASE 2 OF EUROPEAN 
PHASED ADAPTIVE APPROACH TO MISSILE 
DEFENSE. 
(a) FINDINGS.—Congress finds the following: 
(1) President Obama, during his announcement 
of the European Phased Adaptive Approach on Sep-
tember 17, 2009, stated, ‘‘This approach is based on 
an assessment of the Iranian missile threat,’’ and 
‘‘the best way to responsibly advance our security 
and the security of our allies is to deploy a missile 
defense system that best responds to the threats we 
face and that utilizes technology that is both proven 
and cost-effective.’’. 
(2) The 2010 Ballistic Missile Defense review 
stated that ‘‘The [European] Phased Adaptive Ap-
proach utilizes existing and proven capabilities to 
meet current threats and then will improve upon 
these capabilities over time by integrating new tech-
nology.’’. 
(3) Secretary of Defense Leon Panetta, during 
a speech in Brussels on October 5, 2011, stated, 
‘‘The United States is fully committed to building a 
missile defense capability for the full coverage and 
protection of all our NATO European populations, 
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their territory and their forces against the growing 
threat posed by ballistic missiles.’’. 
(4) Secretary of Defense Chuck Hagel, during 
a press conference on March 15, 2013, stated, ‘‘The 
missile deployments the United States is making in 
phases one through three of the European Phased 
Adaptive Approach, including sites in Romania and 
Poland, will still be able to provide coverage of all 
European NATO territory as planned by 2018.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States is committed to the de-
fense of deployed members of the Armed Forces of 
the United States and to the defense of the Euro-
pean allies of the Unites States by increasing the 
ballistic missile defense capability of the North At-
lantic Treaty Organization (in this section referred 
to as ‘‘NATO’’); 
(2) phase 2 of the European Phased Adaptive 
Approach will provide NATO with a substantial in-
crease in ballistic missile defense capability since 
NATO declared Interim Ballistic Missile Defense 
Capability at the Chicago Summit in 2012, and such 
phase consists of— 
(A) Aegis Ashore in Romania; 
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(B) four Aegis ballistic missile defense ca-
pable ships homeported at Rota, Spain; and 
(C) a more capable SM–3 interceptor; 
(3) NATO is moving forward with the mod-
ernization of the defense capabilities of NATO that 
is responsive to 21st century threats to the territory 
and populations of member states of NATO; 
(4) the member states of NATO recognize the 
importance of this contribution, which sends a clear 
signal that NATO will not allow potential adver-
saries to threaten the use of ballistic missile strikes 
to coerce NATO or deter NATO from responding to 
aggression against the interests of NATO; and 
(5) phase 2 of the European Phased Adaptive 
Approach is ready for 24-hour-a-day, seven-day-a- 
week operation, with proven military systems and 
command and control capability, and should be so 
declared at the July 2016 NATO Summit in War-
saw, Poland. 
Subtitle F—Other Matters 
SEC. 1671. PROTECTION OF CERTAIN FACILITIES AND AS-
SETS FROM UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Chapter 3 of title 10, United 
States Code, as amended by section 1255, is further 
amended by adding at the end the following new section: 
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‘‘§ 130j. Protection of certain facilities and assets 
from unmanned aircraft 
‘‘(a) AUTHORITY.—The Secretary of Defense may 
take, and may authorize the armed forces to take, such 
actions described in subsection (b)(1) that are necessary 
to mitigate the threat of an unmanned aircraft system or 
unmanned aircraft that poses an imminent threat (as de-
fined by the Secretary of Defense, in coordination with 
the Secretary of Transportation) to the safety or security 
of a covered facility or asset. 
‘‘(b) ACTIONS DESCRIBED.—(1) The actions de-
scribed in this paragraph are the following: 
‘‘(A) Disrupt control of the unmanned aircraft 
system or unmanned aircraft. 
‘‘(B) Seize and exercise control of the un-
manned aircraft system or unmanned aircraft. 
‘‘(C) Seize or otherwise confiscate the un-
manned aircraft system or unmanned aircraft. 
‘‘(D) Use reasonable force to disable or destroy 
the unmanned aircraft system or unmanned aircraft. 
‘‘(2) The Secretary of Defense shall develop the ac-
tions described in paragraph (1) in coordination with the 
Secretary of Transportation, consistent with the protec-
tion of information regarding sensitive defense capabili-
ties. 
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‘‘(c) FORFEITURE.—(1) Any unmanned aircraft sys-
tem or unmanned aircraft described in subsection (a) shall 
be subject to seizure and forfeiture to the United States. 
‘‘(2) The Secretary of Defense may prescribe regula-
tions to establish reasonable exceptions to paragraph (1), 
including in cases where— 
‘‘(A) the operator of the unmanned aircraft sys-
tem or unmanned aircraft obtained the control and 
possession of such system or aircraft illegally; or 
‘‘(B) the operator of the unmanned aircraft sys-
tem or unmanned aircraft is an employee of a com-
mon carrier acting in manner described in sub-
section (a) without the knowledge of the common 
carrier. 
‘‘(d) REGULATIONS.—The Secretary of Defense and 
the Secretary of Transportation shall prescribe regulations 
and issue guidance in the respective areas of each Sec-
retary to carry out this section. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered facility or asset’ means 
any facility or asset that is— 
‘‘(A) identified by the Secretary of Defense 
for purposes of this section; 
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‘‘(B) located in the United States (includ-
ing the territories and possessions of the United 
States); and 
‘‘(C) relating to— 
‘‘(i) the nuclear deterrence mission of 
the Department of Defense, including with 
respect to nuclear command and control, 
integrated tactical warning and attack as-
sessment, and continuity of government; 
‘‘(ii) the missile defense mission of the 
Department; or 
‘‘(iii) the national security space mis-
sion of the Department. 
‘‘(2) The terms ‘unmanned aircraft’ and ‘un-
manned aircraft system’ have the meaning given 
those terms in section 331 of the FAA Moderniza-
tion and Reform Act of 2012 (Public Law 112–95; 
49 U.S.C. 40101 note).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 130i, as added by section 
1255, the following new item: 
‘‘130j. Protection of certain facilities and assets from unmanned aircraft.’’. 
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SEC. 1672. IMPROVEMENT OF COORDINATION BY DEPART-
MENT OF DEFENSE OF ELECTROMAGNETIC 
SPECTRUM USAGE. 
Not later than December 31, 2016, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report evaluating whether establishing an intra-de-
partmental council in the Department of Defense on the 
use electromagnetic spectrum by the Department would 
improve coordination within the Department on— 
(1) the use of such spectrum; 
(2) the acquisition cycle with respect to such 
spectrum; 
(3) training by the Armed Forces, including 
with respect to electronic and cyber warfare; and 
(4) other purposes the Secretary considers use-
ful. 
SEC. 1673. HARMFUL INTERFERENCE TO DEPARTMENT OF 
DEFENSE GLOBAL POSITIONING SYSTEM. 
(a) FEDERAL COMMUNICATIONS COMMISSION CON-
DITIONS ON COMMERCIAL TERRESTRIAL OPERATIONS.— 
Part I of title III of the Communications Act of 1934 (47 
U.S.C. 301 et seq.) is amended by adding at the end the 
following: 
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‘‘SEC. 343. CONDITIONS ON COMMERCIAL TERRESTRIAL 
OPERATIONS. 
‘‘(a) IN GENERAL.—The Commission shall not per-
mit commercial terrestrial operations in the 1525–1559 
megahertz band or the 1626.5–1660.5 megahertz band 
until the date that is 90 days after the Commission re-
solves concerns of widespread harmful interference by 
such operations in such band to covered GPS devices. 
‘‘(b) NOTICE TO CONGRESS.— 
‘‘(1) IN GENERAL.—At the conclusion of the 
proceeding on such operations in such band, the 
Commission shall submit to the congressional com-
mittees described in paragraph (2) official copies of 
the documents containing the final decision of the 
Commission regarding whether to permit such oper-
ations in such band. If the decision is to permit such 
operations in such band, such documents shall con-
tain or be accompanied by an explanation of how the 
concerns described in subsection (a) have been re-
solved. 
‘‘(2) 
CONGRESSIONAL
COMMITTEES
DE-
SCRIBED.—The congressional committees described 
in this paragraph are the following: 
‘‘(A) The Committee on Energy and Com-
merce and the Committee on Armed Services of 
the House of Representatives. 
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‘‘(B) 
The 
Committee 
on 
Commerce, 
Science, and Transportation and the Committee 
on Armed Services of the Senate. 
‘‘(c) COVERED GPS DEVICE DEFINED.—In this sec-
tion, the term ‘covered GPS device’ means a Global Posi-
tion System device of the Department of Defense.’’. 
(b) SECRETARY OF DEFENSE REVIEW OF HARMFUL 
INTERFERENCE.— 
(1) REVIEW.—Not later than 90 days after the 
date of the enactment of this Act, and every 90 days 
thereafter until the date referred to in paragraph 
(3), the Secretary of Defense shall conduct a review 
to— 
(A) assess the ability of covered GPS de-
vices to receive signals from Global Positioning 
System satellites without widespread harmful 
interference; and 
(B) determine if commercial communica-
tions services are causing or will cause wide-
spread harmful interference with covered GPS 
devices. 
(2) NOTICE TO CONGRESS.— 
(A) NOTICE.—If the Secretary of Defense 
determines during a review under paragraph 
(1) that commercial communications services 
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are causing or will cause widespread harmful 
interference with covered GPS devices, the Sec-
retary shall promptly submit to the congres-
sional defense committees notice of such inter-
ference. 
(B) 
CONTENTS.—The 
notice 
required 
under subparagraph (A) shall include— 
(i) a list and description of the cov-
ered GPS devices that are being or ex-
pected to be interfered with by commercial 
communications services; 
(ii) a description of the source of, and 
the entity causing or expect to cause, the 
interference with such receivers; 
(iii) a description of the manner in 
which such source or such entity is causing 
or expected to cause such interference; 
(iv) a description of the magnitude of 
harm caused or expected to be caused by 
such interference; 
(v) a description of the duration of 
and the conditions and circumstances 
under which such interference is occurring 
or expected to occur; 
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(vi) a description of the impact of 
such interference on the national security 
interests of the United States; and 
(vii) a description of the plans of the 
Secretary to address, alleviate, or mitigate 
such interference, including the cost of 
such plans. 
(C) FORM.—The notice required under 
subparagraph (A) shall be submitted in unclas-
sified form, but may include a classified annex. 
(3) TERMINATION DATE.—The date referred to 
in this paragraph is the earlier of— 
(A) the date that is two years after the 
date of the enactment of this Act; or 
(B) the date on which the Secretary— 
(i) determines that commercial com-
munications services are not causing any 
widespread harmful interference with cov-
ered GPS devices; and 
(ii) the Secretary submits to the con-
gressional defense committees notice of the 
determination made under clause (i). 
(c) COVERED GPS DEVICE DEFINED.—In this sec-
tion, the term ‘‘covered GPS device’’ means a Global Posi-
tion System device of the Department of Defense. 
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(d) CONFORMING REPEAL.—Section 911 of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1534) is repealed. 
TITLE XVII—DEPARTMENT OF 
DEFENSE ACQUISITION AGILITY 
SEC. 1701. MODULAR OPEN SYSTEM APPROACH IN DEVEL-
OPMENT OF MAJOR WEAPON SYSTEMS. 
(a) IN GENERAL.—Part IV of subtitle A of title 10, 
United States Code, is amended by inserting after chapter 
144A the following new chapter: 
‘‘CHAPTER 144B—WEAPON SYSTEMS 
DEVELOPMENT AND RELATED MATTERS 
‘‘Subchapter  
Sec. 
‘‘I. Modular Open System Approach in Development of 
Weapon Systems ..................................................... 2446a 
‘‘II. Development, 
Prototyping, 
and 
Deployment 
of 
Weapon System Components and Tech-
nology ......................................................................... 2447a 
‘‘III. Cost, Schedule, and Performance of Major Defense 
Acquisition Programs .......................................... 2448a 
‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM AP-
PROACH IN DEVELOPMENT OF WEAPON 
SYSTEMS 
‘‘Sec. 
‘‘2446a. Requirement for modular open system approach in major defense ac-
quisition programs; definitions. 
‘‘2446b. Requirement to address modular open system approach in program ca-
pabilities development and acquisition weapon system design. 
‘‘2446c. Requirements relating to availability of major system interfaces and 
support for modular open system approach. 
‘‘2446d. Requirement to include modular open system approach in Selected Ac-
quisition Reports. 
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‘‘§ 2446a. Requirement for modular open system ap-
proach in major defense acquisition pro-
grams; definitions 
‘‘(a) MODULAR OPEN SYSTEM APPROACH REQUIRE-
MENT.—A major defense acquisition program initiated 
after January 1, 2019, shall be designed and developed, 
to the maximum extent practicable, with a modular open 
system approach to enable incremental development. 
‘‘(b) DEFINITIONS.—In this chapter: 
‘‘(1) The term ‘modular open system approach’ 
means, with respect to a major defense acquisition 
program, an integrated business and technical strat-
egy that— 
‘‘(A) employs a modular design that uses 
major system interfaces between a major sys-
tem platform and a major system component or 
between major system components; 
‘‘(B) is subjected to verification to ensure 
major system interfaces comply with, if avail-
able and suitable, widely supported and con-
sensus-based standards; 
‘‘(C) uses a system architecture that allows 
severable major system components at the ap-
propriate level to be incrementally added, re-
moved, or replaced throughout the life cycle of 
a major system platform to afford opportunities 
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for enhanced competition and innovation while 
yielding— 
‘‘(i) significant cost savings or avoid-
ance; 
‘‘(ii) schedule reduction; 
‘‘(iii) opportunities for technical up-
grades; 
‘‘(iv) increased interoperability; or 
‘‘(v) 
other 
benefits 
during 
the 
sustainment phase of a major weapon sys-
tem; and 
‘‘(D) complies with the technical data 
rights set forth in section 2320 of this title. 
‘‘(2) The term ‘major system platform’ means 
the highest level structure of a major weapon system 
that is not physically mounted or installed onto a 
higher level structure and on which a major system 
component can be physically mounted or installed. 
‘‘(3) The term ‘major system component’— 
‘‘(A) means a high level subsystem or as-
sembly, including hardware, software, or an in-
tegrated assembly of both, that can be mounted 
or installed on a major system platform through 
well-defined major system interfaces; and 
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‘‘(B) includes a subsystem or assembly 
that is likely to have additional capability re-
quirements, is likely to change because of evolv-
ing technology or threat, is needed for inter-
operability, facilitates incremental deployment 
of capabilities, or is expected to be replaced by 
another major system component. 
‘‘(4) The term ‘major system interface’ means 
a shared boundary between a major system platform 
and a major system component or between major 
system components, defined by various physical, log-
ical, and functional characteristics, such as elec-
trical, mechanical, fluidic, optical, radio frequency, 
data, networking, or software elements. 
‘‘(5) The term ‘program capability document’ 
means, with respect to a major defense acquisition 
program, a document that specifies capability re-
quirements for the program, such as a capability de-
velopment document or a capability production docu-
ment. 
‘‘(6) The terms ‘program cost target’ and ‘field-
ing target’ have the meanings provided in section 
2448a(a) of this title. 
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‘‘(7) The term ‘major defense acquisition pro-
gram’ has the meaning provided in section 2430 of 
this title. 
‘‘(8) The term ‘major weapon system’ has the 
meaning provided in section 2379(f) of this title. 
‘‘§ 2446b. Requirement to address modular open sys-
tem approach in program capabilities de-
velopment and acquisition weapon sys-
tem design 
‘‘(a) PROGRAM CAPABILITY DOCUMENT.—A program 
capability document for a major defense acquisition pro-
gram shall identify and characterize— 
‘‘(1) the extent to which requirements for sys-
tem performance are likely to evolve during the life 
cycle of the system because of evolving technology, 
threat, or interoperability needs; and 
‘‘(2) for requirements that are expected to 
evolve, the minimum acceptable capability that is 
necessary for initial operating capability of the 
major defense acquisition program. 
‘‘(b) ANALYSIS OF ALTERNATIVES.—The Director of 
Cost Assessment and Performance Evaluation, in formu-
lating study guidance for analyses of alternatives for 
major defense acquisition programs and performing such 
analyses under section 139a(d)(4) of this title, shall en-
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sure that any such analysis for a major defense acquisition 
program includes consideration of evolutionary acquisi-
tion, prototyping, and a modular open system approach. 
‘‘(c) ACQUISITION STRATEGY.—In the case of a 
major defense acquisition program that uses a modular 
open system approach, the acquisition strategy required 
under section 2431a of this title shall— 
‘‘(1) clearly describe the modular open system 
approach to be used for the program; 
‘‘(2) differentiate between the major system 
platform and major system components being devel-
oped under the program, as well as major system 
components developed outside the program that will 
be integrated into the major defense acquisition pro-
gram; 
‘‘(3) clearly describe the evolution of major sys-
tem components that are anticipated to be added, 
removed, or replaced in subsequent increments; 
‘‘(4) identify additional major system compo-
nents that may be added later in the life cycle of the 
major system platform; and 
‘‘(5) clearly describe how intellectual property 
and 
related 
issues, 
such 
as 
technical 
data 
deliverables, that are necessary to support a modular 
open system approach, will be addressed. 
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‘‘(d) REQUEST FOR PROPOSALS.—The milestone de-
cision authority for a major defense acquisition program 
that uses a modular open system approach shall ensure 
that a request for proposals for the development or pro-
duction phases of the program shall describe the modular 
open system approach and the minimum set of major sys-
tem components that must be included in the design of 
the major defense acquisition program. 
‘‘(e) MILESTONE B.—A major defense acquisition 
program may not receive Milestone B approval under sec-
tion 2366b of this title until the milestone decision author-
ity determines in writing that— 
‘‘(1) in the case of a program that uses a mod-
ular open system approach— 
‘‘(A) the program incorporates clearly de-
fined major system interfaces between the 
major system platform and major system com-
ponents and between major system components; 
‘‘(B) such major system interfaces are con-
sistent with the widely supported and con-
sensus-based standards that exist at the time of 
the milestone decision, unless such standards 
are unavailable or unsuitable for particular 
major system interfaces; and 
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‘‘(C) the Government has arranged to ob-
tain appropriate and necessary intellectual 
property rights with respect to such major sys-
tem interfaces upon completion of the develop-
ment of the major system platform; or 
‘‘(2) in the case of a program that does not use 
a modular open system approach, that the use of a 
modular open system approach is not practicable. 
‘‘§ 2446c. Requirements relating to availability of 
major system interfaces and support for 
modular open system approach 
‘‘The Secretary of each military department shall— 
‘‘(1) coordinate with the other military depart-
ments, the defense agencies, defense and other pri-
vate sector entities, national standards-setting orga-
nizations, and, when appropriate, with elements of 
the intelligence community with respect to the speci-
fication, identification, development, and mainte-
nance of major system interfaces and standards for 
use in major system platforms, where practicable; 
‘‘(2) ensure that major system interfaces incor-
porate commercial standards and other widely sup-
ported consensus-based standards that are validated, 
published, and maintained by recognized standards 
organizations to the maximum extent practicable; 
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