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(c) COMMAND OF JOINT SPACE ACTIVITY OR MIS-
SIONS.—Unless otherwise directed by the President or the 
Secretary of Defense, the Commander of the United 
States Space Command shall exercise command of joint 
space activities or missions. 
(d) JOINTLY STAFFED.—The United States Space 
Command shall be jointly staffed. 
Subtitle B—Space Activities 
SEC. 1611. CODIFICATION, EXTENSION, AND MODIFICATION 
OF 
LIMITATION 
ON 
CONSTRUCTION 
ON 
UNITED STATES TERRITORY OF SATELLITE 
POSITIONING 
GROUND 
MONITORING 
STA-
TIONS OF FOREIGN GOVERNMENTS. 
(a) CODIFICATION, EXTENSION, AND
MODIFICA-
TION.—Chapter 135 of title 10, United States Code, is 
amended by adding at the end the following new section: 
‘‘§ 2279c. Limitation on construction on United States 
territory of satellite positioning ground 
monitoring stations of certain foreign 
governments. 
‘‘(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply to foreign governments that are allies of 
the United States. 
‘‘(c) SUNSET.—The limitation in subsection (a) shall 
terminate on December 31, 2023.’’. 
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(b) TRANSFER OF PROVISION.—Subsection (b) of 
section 1602 of the National Defense Authorization Act 
for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 
2281 note) is— 
(1) transferred to section 2279c of title 10, 
United States Code, as added by subsection (a); 
(2) inserted as the first subsection of such sec-
tion; 
(3) redesignated as subsection (a); and 
(4) amended— 
(A) by amending the subsection heading to 
read as follows: ‘‘LIMITATION’’; and 
(B) by striking paragraph (6). 
SEC. 1612. FOREIGN COMMERCIAL SATELLITE SERVICES: 
CYBERSECURITY THREATS AND LAUNCHES. 
(a) CYBERSECURITY RISKS.—Subsection (a) of sec-
tion 2279 of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘; or’’ and in-
serting a semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting: ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) entering into such contract would create a 
cybersecurity risk for the Department of Defense.’’. 
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(b) LAUNCHES.— 
(1) IN GENERAL.—Such section is amended— 
(A) 
by 
redesignating 
subsections 
(b) 
through (e) as subsections (c) through (f), re-
spectively; and 
(B) by inserting after subsection (a) the 
following new subsection (b): 
‘‘(b) LAUNCHES AND MANUFACTURERS.— 
‘‘(1) LIMITATION.—In addition to the prohibi-
tion in subsection (a), and except as provided in sub-
section (c), the Secretary may not enter into a con-
tract for satellite services with any entity if the Sec-
retary reasonably believes that such satellite services 
will be provided using satellites that will be— 
‘‘(A) designed or manufactured in a cov-
ered foreign country, or by an entity controlled 
in whole or in part by, or acting on behalf of, 
the government of a covered foreign country; or 
‘‘(B) launched using a launch vehicle that 
is designed or manufactured in a covered for-
eign country, or that is provided by the govern-
ment of a covered foreign country or by an enti-
ty controlled in whole or in part by, or acting 
on behalf of, the government of a covered for-
eign country, regardless of the location of the 
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launch (unless such location is in the United 
States). 
‘‘(2) UNITED STATES LAUNCHES.—The limita-
tion in paragraph (1) shall not— 
‘‘(A) apply to launches in the United 
States using launch vehicles with engines de-
signed or manufactured in or provided by any 
entity of the Russian Federation; or 
‘‘(B) affect any other provision of law au-
thorizing the use of Russian rocket engines 
within a United States launch vehicle. 
‘‘(3) LAUNCH VEHICLE DEFINED.—In this sub-
section, the term ‘launch vehicle’ means a fully inte-
grated space launch vehicle.’’. 
(2) EXCEPTION.—The prohibition in subsection 
(b) of section 2279 of title 10, United States Code, 
as added by paragraph (1), shall not apply with re-
spect to— 
(A) a launch that occurred prior to the 
date that is six months after the date of the en-
actment of this Act; or 
(B) a contract or other agreement relating 
to launch services that, prior to the date that 
is six months after the date of the enactment 
of this Act, was either fully paid for by the con-
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tractor or covered by a legally binding commit-
ment of the contractor to pay for such services. 
(c) DEFINITIONS.—Subsection (f) of section 2279 of 
title 10, United States Code, as redesignated by subsection 
(b)(1)(A), is amended to read as follows: 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered foreign country’ means 
any of the following: 
‘‘(A) A country described in section 
1261(c)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat. 2019). 
‘‘(B) The Russian Federation. 
‘‘(2) The term ‘cybersecurity risk’ means 
threats to and vulnerabilities of information or infor-
mation systems and any related consequences caused 
by or resulting from unauthorized access, use, disclo-
sure, degradation, disruption, modification, or de-
struction of such information or information sys-
tems, including such related consequences caused by 
an act of terrorism.’’. 
(d) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENTS.—Such section 
2279 is further amended— 
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(A) in the section heading, by striking 
‘‘services’’ and inserting ‘‘services and for-
eign launches’’; 
(B) by striking ‘‘subsection (b)’’ each place 
it appears and inserting ‘‘subsection (c)’’; 
(C) in subsection (a)(2), by striking 
‘‘launch or other’’; 
(D) in subsection (c), as redesignated by 
subsection (b)(1), by striking ‘‘prohibition in 
subsection (a)’’ and inserting ‘‘prohibitions in 
subsection (a) and (b)’’; and 
(E) in subsection (d), as so redesignated, 
by striking ‘‘prohibition under subsection (a)’’ 
and inserting ‘‘prohibition under subsection (a) 
or (b)’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 135 of title 10, 
United States Code, is amended by striking the item 
relating to section 2279 and inserting the following: 
‘‘2279. Foreign commercial satellite services and foreign launches.’’. 
(e) APPLICATION.—Except as provided by subsection 
(b)(2), the amendments made by this section shall apply 
with respect to contracts for satellite services awarded by 
the Secretary of Defense on or after the date of the enact-
ment of this Act. 
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SEC. 1613. EXTENSION OF PILOT PROGRAM ON COMMER-
CIAL WEATHER DATA. 
Section 1613 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328) is amend-
ed— 
(1) in subsection (b), by striking ‘‘one year’’ 
and inserting ‘‘two years’’; 
(2) in subsection (c)— 
(A) by striking ‘‘Committees on Armed 
Services of the House of Representatives and 
the Senate’’ each place it appears and inserting 
‘‘appropriate congressional committees’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘ap-
propriate congressional committees’ means— 
‘‘(A) the Committees on Armed Services of 
the Senate and the House of Representatives; 
and 
‘‘(B) the Select Committee on Intelligence 
of the Senate and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives.’’. 
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SEC. 1614. CONDITIONAL TRANSFER OF ACQUISITION AND 
FUNDING AUTHORITY OF CERTAIN WEATHER 
MISSIONS TO NATIONAL RECONNAISSANCE 
OFFICE. 
Section 1614 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328) is amend-
ed— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) IMPLEMENTATION OF PLANS.—The Secretary 
of the Air Force shall implement the plan developed under 
paragraph (1) of subsection (b), and the Director of the 
National Reconnaissance Office shall implement the plan 
developed under paragraph (2) of such subsection, unless 
the Secretary and the Director each make a waiver under 
subsection (c).’’. 
SEC. 1615. EVOLVED EXPENDABLE LAUNCH VEHICLE MOD-
ERNIZATION AND SUSTAINMENT OF ASSURED 
ACCESS TO SPACE. 
(a) DEVELOPMENT.— 
(1) EVOLVED
EXPENDABLE
LAUNCH
VEHI-
CLE.—Using funds described in paragraph (3), the 
Secretary of Defense may only obligate or expend 
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funds to carry out the evolved expendable launch ve-
hicle program to— 
(A) develop a domestic rocket propulsion 
system to replace non-allied space launch en-
gines; 
(B) develop the necessary interfaces to, or 
integration of, such domestic rocket propulsion 
system with an existing or new launch vehicle; 
(C) develop capabilities necessary to enable 
commercially available space launch vehicles or 
infrastructure to meet any requirements that 
are unique to national security space missions 
to meet the assured access to space require-
ments pursuant to section 2273 of title 10, 
United States Code, with respect to only— 
(i) modifications to such vehicles re-
quired for national security space missions, 
including— 
(I) certification and compliance 
of such vehicles for use in national se-
curity space missions; 
(II) fairings necessary for the 
launch of national security space pay-
loads to orbit; and 
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(III) other upgrades to meet per-
formance, reliability, and orbital re-
quirements that cannot otherwise be 
met through the use of commercially 
available launch vehicles; and 
(ii) the development of infrastructure 
unique to national security space missions, 
such as infrastructure for the use of heavy 
launch vehicles, including— 
(I) facilities and equipment for 
the vertical integration of payloads; 
(II) secure facilities for the proc-
essing of classified payloads; and 
(III) other facilities and equip-
ment, including ground systems and 
expanded capabilities, unique to na-
tional security space launches and the 
launch of national security payloads; 
(D) conduct activities to modernize and 
improve existing certified launch vehicles, or ex-
isting launch vehicles previously contracted for 
use by the Air Force, including restarting a 
dormant supply chain, and infrastructure to in-
crease the cost effectiveness of the launch sys-
tem; 
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(E) certify new, modified, or existing 
launch vehicle systems; or 
(F) develop, design, and integrate parts for 
new launch vehicle systems to the extent such 
parts are developed primarily for national secu-
rity use. 
(2) PROHIBITION.—Except as provided in this 
section, none of the funds described in paragraph 
(3) shall be obligated or expended for the evolved ex-
pendable launch vehicle program, including the de-
velopment of new launch vehicles under such pro-
gram. 
(3) FUNDS DESCRIBED.—The funds described 
in this paragraph are the funds authorized to be ap-
propriated by this Act or otherwise made available 
for fiscal year 2018 for research, development, test, 
and evaluation, Air Force, for the evolved expend-
able launch vehicle program. 
(b) OTHER AUTHORITIES.—Nothing in this section 
shall affect or prohibit the Secretary from procuring 
launch services of evolved expendable launch vehicle 
launch systems, including with respect to any associated 
operation and maintenance of capabilities and infrastruc-
ture relating to such systems. 
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(c) NOTIFICATION.—Not later than 30 days before 
any date on which the Secretary publishes a draft or final 
request for proposals, or obligates funds, for the develop-
ment under subsection (a)(1), the Secretary shall notify 
the congressional defense committees of such proposed 
draft or final request for proposals or proposed obligation, 
as the case may be. If such proposed draft or final request 
for proposals or proposed obligation relates to intelligence 
requirements, the Secretary shall also notify the Perma-
nent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence 
of the Senate. 
(d) ASSESSMENT.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary, in coordi-
nation with the Director of Cost Assessment and Program 
Evaluation, shall submit to the congressional defense com-
mittees, the Permanent Select Committee on Intelligence 
of the House of Representatives, and the Select Committee 
on Intelligence of the Senate a report containing an as-
sessment of the most cost-effective method to meet the as-
sured access to space requirements pursuant to section 
2273 of title 10, United States Code, with respect to each 
of the following periods: 
(1) The five-year period beginning on the date 
of the report. 
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(2) The 10-year period beginning on the date of 
the report. 
(3) The period consisting of the full lifecycle of 
the evolved expendable launch vehicle program. 
(e) ROCKET PROPULSION SYSTEM DEFINED.—In 
this section, the term ‘‘rocket propulsion system’’ means, 
with respect to the development authorized by subsection 
(a)(1), a main booster, first-stage rocket engine (including 
such an engine using kerosene or methane-based or other 
propellant) or motor. The term does not include a launch 
vehicle, an upper stage, a strap-on motor, or related infra-
structure. 
SEC. 1616. COMMERCIAL SATELLITE COMMUNICATIONS 
PATHFINDER PROGRAM. 
(a) SENSE OF CONGRESS.—It is the Sense of Con-
gress that the Secretary of the Air Force should— 
(1) use the acquisition authority under the 
pathfinder program to acquire, from commercial 
providers, satellite bandwidth, ground services, and 
advanced services; and 
(2) use the transaction authority provided by 
section 2371 of title 10, United States Code, to 
make a portion of such acquisitions. 
(b) REPORT.—Not later than March 1, 2018, the 
Secretary of the Air Force shall submit to the Committees 
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on Armed Services of the Senate and the House of Rep-
resentatives a report that includes the views and plans of 
the Secretary with respect to making a portion of the ac-
quisitions described in subsection (a)(1) using the trans-
action authority provided by section 2371 of title 10, 
United States Code. 
(c) DEFINITION.—In this section, the term ‘‘path-
finder program’’ means the commercial satellite commu-
nications programs of the Air Force designed to dem-
onstrate the feasibility of new, alternative acquisition and 
procurement models for commercial satellite communica-
tions. 
SEC. 1617. DEMONSTRATION OF BACKUP AND COMPLEMEN-
TARY POSITIONING, NAVIGATION, AND TIM-
ING CAPABILITIES OF GLOBAL POSITIONING 
SYSTEM. 
(a) PLAN.—During fiscal year 2018, the Secretary 
of Defense, the Secretary of Transportation, and the Sec-
retary of Homeland Security (referred to in this section 
as the ‘‘Secretaries’’) shall jointly develop a plan for car-
rying out a backup GPS capability demonstration. The 
plan shall— 
(1) be based on the results of the study con-
ducted under section 1618 of the National Defense 
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Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 130 Stat. 2595); and 
(2) include the activities that the Secretaries 
determine necessary to carry out such demonstra-
tion. 
(b) BRIEFING.—Not later than 120 days after the 
date of the enactment of this Act, the Secretaries shall 
provide to the appropriate congressional committees a 
briefing on the plan developed under subsection (a). The 
briefing shall include— 
(1) identification of the sectors that would be 
expected to participate in the backup GPS capability 
demonstration described in the plan; 
(2) an estimate of the costs of implementing the 
demonstration in each sector identified in paragraph 
(1); and 
(3) an explanation of the extent to which the 
demonstration may be carried out with the funds ap-
propriated for such purpose. 
(c) IMPLEMENTATION.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations and beginning not earlier than the 
day after the date on which the briefing is provided 
under subsection (b), the Secretaries shall jointly 
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initiate the backup GPS capability demonstration to 
the extent described under subsection (b)(3). 
(2) TERMINATION.—The authority to carry out 
the backup GPS capability demonstration under 
paragraph (1) shall terminate on the date that is 18 
months after the date of the enactment of this Act. 
(d) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretaries shall 
submit to the appropriate congressional committees a re-
port on the backup GPS capability demonstration carried 
out under subsection (c) that includes— 
(1) a description of the opportunities and chal-
lenges learned from such demonstration; and 
(2) a description of the next actions the Secre-
taries determine appropriate to backup and com-
plement the positioning, navigation, and timing ca-
pabilities of the Global Positioning System for na-
tional security and critical infrastructure, including, 
at a minimum, the timeline and funding required to 
issue a request for proposals for such capabilities. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section for 
fiscal year 2018 not more than $10,000,000 for the De-
partment of Defense, as specified in the funding tables 
in division D. 
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(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Science, Space, and 
Technology, the Committee on Transportation 
and Infrastructure, and the Committee on 
Homeland Security of the House of Representa-
tives; and 
(C) the Committee on Commerce, Science, 
and Transportation and the Committee on 
Homeland Security and Governmental Affairs 
of the Senate. 
(2) The term ‘‘backup GPS capability dem-
onstration’’ means a proof-of-concept demonstration 
of capabilities to backup and complement the posi-
tioning, navigation, and timing capabilities of the 
Global Positioning System for national security and 
critical infrastructure. 
SEC. 1618. ENHANCEMENT OF POSITIONING, NAVIGATION, 
AND TIMING CAPACITY. 
(a) PLAN.—The Secretary of Defense shall develop 
and implement a plan to increase the positioning, naviga-
tion, and timing capacity of the Department of Defense 
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to provide resilience to the positioning, navigation, and 
timing capabilities of the Department. Such plan shall— 
(1) ensure that military Global Positioning Sys-
tem user equipment terminals have the capability to 
receive signals from the Galileo satellites of the Eu-
ropean Union and the QZSS satellites of Japan, be-
ginning with increment 2 of the acquisition of such 
terminals; 
(2) include an assessment of the feasibility, 
benefits, and risks of military Global Positioning 
System user equipment terminals having the capa-
bility to receive foreign positioning, navigation, and 
timing signals (with respect to such signals de-
scribed in the classified annex accompanying this 
Act), beginning with increment 2 of the acquisition 
of such terminals; 
(3) include an assessment of options to use 
hosted payloads to provide redundancy for the Glob-
al Positioning System signal; 
(4) ensure that the Secretary, with the concur-
rence of the Secretary of State, engages with rel-
evant allies of the United States to— 
(A) enable military Global Positioning Sys-
tem user equipment terminals to receive the po-
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SEC. 1619. ESTABLISHMENT OF SPACE FLAG TRAINING 
EVENT. 
(a) ESTABLISHMENT.—Not later than December 31, 
2020, the Secretary of Defense shall establish an annual 
capstone training event titled ‘‘Space Flag’’ for space pro-
fessionals to— 
(1) develop and test doctrine, concepts of oper-
ation, and tactics, techniques, and procedures, for— 
(A) protecting and defending assets and 
interests of the United States through the spec-
trum of space control activities; 
(B) operating in the event of degradation 
or loss of space capabilities; 
(C) conducting space operations in a con-
flict that extends to space; 
(D) deterring conflict in space; and 
(E) other areas the Secretary determines 
necessary; and 
(2) inform and develop the appropriate design 
of the operational training infrastructure of the 
space domain, including with respect to appropriate 
and dedicated ranges, threat replication, test com-
munity support, advanced space training require-
ments, training simulators, and multi-domain force 
packaging. 
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(b) TRAINING.—In establishing the Space Flag train-
ing event under subsection (a), the Secretary shall— 
(1) model the training event on the Red Flag 
and Cyber Flag exercises; and 
(2) ensure that Space Flag includes live, vir-
tual, and constructive training and on-orbit threat 
replication, as appropriate. 
(c) PLAN.—Not later than one year after the date 
of the enactment of this Act, the Secretary, in coordina-
tion with the Commander of the Air Force Space Com-
mand, the Commander of the Army Space and Missile De-
fense Command, and the Commander of the Navy Space 
and Naval Warfare Systems Command, shall submit to 
the congressional defense committees a plan to establish 
the Space Flag training under subsection (a), including 
a description of each objective of the training. 
SEC. 1620. REPORT ON OPERATIONAL AND CONTINGENCY 
PLANS FOR LOSS OR DEGRADATION OF 
SPACE CAPABILITIES. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Chairman of the Joint Chiefs of Staff, in coordination 
with each commander of a combatant command, shall 
jointly submit to the appropriate congressional committees 
a report evaluating all operational and contingency plans 
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to assess the implications for mission performance in the 
event of a loss or degradation of space capabilities of the 
United States (including with respect to space control) ei-
ther through the loss or degradation of on-orbit assets or 
through the disabling of ground components. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall address and describe the extent to which 
the operational and contingency plans described in such 
subsection— 
(1) depend upon space capabilities to achieve 
successful execution; 
(2) account for the loss or degradation of space 
capabilities; 
(3) appropriately reflect intelligence concerning 
current and projected adversary counter-space capa-
bilities and vulnerabilities of the space systems of 
the United States; 
(4) include measures to mitigate any loss or 
degradation of space capabilities; 
(5) include specific guidance for the short- and 
long-term loss or disruption of space capabilities; 
(6) include specific guidance for the period in 
which there is a total loss of space capabilities before 
replacement assets are able to be brought online and 
operational; and 
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(7) assess the extent to which adversaries rely 
on space, including the potential effects of a short 
or long term loss of, or disruption to, the space ca-
pabilities of such adversaries. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) With respect to the full report under 
subsection (a), the Committees on Armed Serv-
ices of the House of Representatives and the 
Senate. 
(B) With respect to the matters in the re-
port described in subsection (b)(3), and for any 
other matters in the report relating to the limi-
tations, impacts, and vulnerabilities of the capa-
bilities and systems of the intelligence commu-
nity, the Permanent Select Committee on Intel-
ligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate. 
(2) The term ‘‘intelligence community’’ has the 
meaning given that term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(4)). 
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SEC. 1621. LIMITATION ON AVAILABILITY OF FUNDING FOR 
JOINT SPACE OPERATIONS CENTER MISSION 
SYSTEM. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2018 for the Joint Space Operations Center mis-
sion system, not more than 75 percent may be obligated 
or expended until the date on which the Secretary of the 
Air Force certifies to the congressional defense committees 
that the Secretary has developed the plan under sub-
section (b). 
(b) PLAN.—The Secretary shall develop and imple-
ment a plan to operationalize existing commercial space 
situational awareness capabilities to address warfighter re-
quirements, consistent with the best-in-breed concept. The 
Secretary shall commence such implementation by not 
later than March 30, 2018. 
SEC. 1622. LIMITATION ON AVAILABILITY OF FUNDS RELAT-
ING TO ADVANCED EXTREMELY HIGH FRE-
QUENCY PROGRAM. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2018 for research, development, test, and 
evaluation, Air Force, for protected tactical enterprise 
(PE 
1206760F), 
protected 
tactical 
service 
(PE 
1206761F), or protected satellite communication services 
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(PE 1206855F) for the Evolved Strategic SATCOM 
(EES) system, may be obligated or expended on a final 
request for proposals, other than evolution of the AEHF 
program of record until the date on which the reports re-
quired under subsection (b) are submitted to the congres-
sional defense committees. 
(b) ASSESSMENTS AND CERTIFICATIONS.— 
(1) The Commanders of STRATCOM and 
NORTHCOM jointly certifies a protected satcom 
system other than the AEHF program of record or 
an evolution of the same will meet all applicable re-
quirements for Nuclear Command and Control and 
continuity of government, and all other functions re-
lated to protected communications of the National 
Command Authority and the Combatant Commands, 
to include operational forces in a peer-near-peer 
jamming environment; 
(2) The Chairman of the Joint Chiefs of Staff 
submits the validated military requirement for resil-
ience and mission assurance, and the criteria to 
measure and evaluate the same, of each and any al-
ternative to an evolved advanced extremely high fre-
quency program; how each alternative affects deter-
rence and full spectrum warfighting, warfighter re-
quirements and relative costs, including with respect 
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to ground station and user terminals; the assessed 
order of battle of adversaries; and the required capa-
bilities of the broader space security and defense en-
terprise; 
(3) The Secretary of the Air Force submits a 
detailed plan for the ground control system and all 
user terminals developed and acquired by the Air 
Force will be synchronized through development and 
deployment to meet all applicable requirements for 
Nuclear Command and Control and continuity of 
government, and other functions related to protected 
communications of the National Command Authority 
and the Combatant Commands; and 
(4) The Chairmen of the Joint Chiefs of Staff 
completes an assessment concerning the impact of 
developing and fielding all the waveforms and termi-
nals required to utilize the proposed alternative sys-
tems to the AEHF program of record or an evo-
lution of the same. 
(c) EXCEPTION.—The limitation in paragraph (a) 
shall not apply to efforts to examine and develop tech-
nology insertion opportunities for the satellite communica-
tions programs of record. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as delaying the request for pro-
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posals for the Enhanced Advanced Extremely High Fre-
quency (E-AEHF) program. 
SEC. 1623. COORDINATING EFFORTS TO PREPARE FOR 
SPACE WEATHER EVENTS. 
The Secretary of Defense shall ensure the timely pro-
vision of operational space weather observations, analyses, 
forecasts, and other products to support the mission of 
the Department of Defense and coalition partners, includ-
ing the provision of alerts and warnings for space weather 
phenomena that may affect weapons systems, military op-
erations, or the defense of the United States. 
SEC. 1624. REPORT ON SPACE-BASED NUCLEAR DETEC-
TION. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense, 
the Chairman of the Joint Chiefs of Staff, the Secretary 
of Energy, and the Secretary of State shall jointly submit 
to the congressional defense committees, the Permanent 
Select Committee on Intelligence of the House of Rep-
resentatives, and the Select Committee on Intelligence of 
the Senate a report on space-based nuclear detection. 
(b) ELEMENTS.—The report under subsection (a) 
shall include, at a minimum, the following: 
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(1) A description of the space-based nuclear de-
tection program (including the space-based atmos-
pheric burst reporting system). 
(2) The strategic plan, including with respect to 
current and planned space platforms, to host the rel-
evant payloads for such program. 
(3) The current and planned national security 
requirements for space-based nuclear detection, in-
cluding— 
(A) an attribution of such requirements to 
specific missions of the departments and agen-
cies of the Federal Government; and 
(B) how such requirements compare to 
past requirements. 
(4) How current and future funding for the 
space-based nuclear detection program is being pro-
vided by each such department or agency to meet 
each mission requirement. 
(c) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
SEC. 1625. SENSE OF CONGRESS ON NEW COMMERCIAL 
SATELLITE SERVICING ACTIVITIES. 
It is the sense of Congress that— 
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(1) Government funding and support is an im-
portant element in fostering the development of a ro-
bust marketplace of new commercial satellite serv-
icing activities; and 
(2) the Federal Government should ensure that 
in its actions it does not unduly or artificially distort 
competition in the market for new commercial sat-
ellite servicing activities. 
Subtitle C—Defense Intelligence 
and Intelligence-Related Activities 
SEC. 1631. SECURITY CLEARANCES FOR FACILITIES OF 
CERTAIN CONTRACTORS. 
(a) IN GENERAL.—Chapter 141 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2410s. Security clearances for facilities of certain 
contractors. 
‘‘If the senior management official of a contractor of 
the Department of Defense does not have a security clear-
ance, the Secretary of Defense may grant a security clear-
ance to a facility of such contractor only if the following 
criteria are met: 
‘‘(1) The contractor has appointed a senior offi-
cer, director, or employee of the contractor who has 
a security clearance at the level of the security clear-
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ance of the facility to act as the senior management 
official of the contractor with respect to such facil-
ity. 
‘‘(2) Any senior management official, senior of-
ficer, or director of the contractor who does not have 
such a security clearance will not have access to any 
classified information, including with respect to such 
facility. 
‘‘(3) The contractor has certified to the Sec-
retary that the senior officer, director, or employee 
appointed under paragraph (1) has the authority to 
act on behalf of the contractor with respect to such 
facility independent of any senior management offi-
cial, senior officer, or director described in para-
graph (2). 
‘‘(4) The facility meets all of the requirements 
to be granted a security clearance other than any re-
quirement relating to the senior management official 
of the contractor having an appropriate security 
clearance.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2410s. Security clearances for facilities of certain contractors’’. 
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SEC. 1632. EXTENSION OF AUTHORITY TO ENGAGE IN CER-
TAIN COMMERCIAL ACTIVITIES. 
Section 431(a) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2017’’ and inserting 
‘‘December 31, 2023’’. 
SEC. 1633. SUBMISSION OF AUDITS OF COMMERCIAL ACTIV-
ITY FUNDS. 
Section 432(b)(2) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘promptly’’; and 
(2) by inserting before the period at the end the 
following: ‘‘by not later than December 31 of each 
year’’. 
SEC. 1634. CLARIFICATION OF ANNUAL BRIEFING ON THE 
INTELLIGENCE, SURVEILLANCE, AND RECON-
NAISSANCE REQUIREMENTS OF THE COM-
BATANT COMMANDS. 
Section 1626 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3635) 
is amended— 
(1) by inserting ‘‘(including with respect to 
space-based intelligence, surveillance, and reconnais-
sance)’’ after ‘‘intelligence, surveillance, and recon-
naissance requirements’’ both places it appears; and 
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(2) in paragraph (2), by striking ‘‘critical intel-
ligence, surveillance and reconnaissance require-
ments’’ and inserting ‘‘critical intelligence, surveil-
lance, and reconnaissance requirements (including 
with respect to space-based intelligence, surveillance, 
and reconnaissance)’’. 
SEC. 1635. REVIEW OF SUPPORT PROVIDED BY DEFENSE 
INTELLIGENCE ELEMENTS TO ACQUISITION 
ACTIVITIES OF THE DEPARTMENT. 
(a) REVIEW.—The Secretary of Defense shall review 
the support provided by Defense intelligence elements to 
the acquisition activities conducted by the Secretary, with 
a specific focus on such support— 
(1) consisting of planning, prioritizing, and 
resourcing relating to developmental weapon sys-
tems; and 
(2) for existing weapon systems throughout the 
program lifecycle of such systems. 
(b) BUDGET STRUCTURE.—The Secretary shall de-
velop a specific budget structure for a sustainable funding 
profile to ensure the support provided by Defense intel-
ligence elements described in subsection (a). The Sec-
retary shall implement such structure beginning with the 
defense budget materials for fiscal year 2020. 
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(c) BRIEFING.—Not later than May 1, 2018, the Sec-
retary of Defense shall provide to the appropriate congres-
sional committees a briefing on the results of the review 
under subsection (a) and a plan to carry out subsection 
(b). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘defense budget materials’’ has 
the meaning given that term in section 231(f) of 
title 10, United States Code. 
(3) The term ‘‘Defense intelligence element’’ 
means any of the agencies, offices, and elements of 
the Department of Defense included within the defi-
nition of ‘‘intelligence community’’ under section 
3(4) of the National Security Act of 1947 (50 
U.S.C. 3003(4)). 
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SEC. 1636. LIMITATION ON AVAILABILITY OF FUNDS FOR 
CERTAIN 
OFFENSIVE 
COUNTERINTEL-
LIGENCE ACTIVITIES. 
(a) LIMITATION
ON OFFENSIVE COUNTERINTEL-
LIGENCE ACTIVITIES.— 
(1) IN GENERAL.—Of the funds described in 
paragraph (2), not more than 75 percent may be ob-
ligated or expended until— 
(A) the Secretary of Defense submits to 
the appropriate congressional committees the 
report under subsection (b); 
(B) the Director of the Defense Intel-
ligence Agency submits to such committees the 
report under subsection (c); and 
(C) the Director and the Under Secretary 
of Defense for Intelligence jointly provide to 
such committees the briefing under subsection 
(d). 
(2) FUNDS DESCRIBED.—The funds described 
in this paragraph are the following: 
(A) Funds authorized to be appropriated 
by this Act or otherwise made available for fis-
cal year 2018 under the General Defense Intel-
ligence Program for any operations and mainte-
nance account for offensive counterintelligence 
activities. 
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(B) Funds authorized to be appropriated 
by this Act or otherwise made available for fis-
cal year 2018 under the Military Intelligence 
Program for any operations and maintenance 
account for offensive counterintelligence activi-
ties. 
(b) REPORT ON OVERSIGHT PROCESSES.—Not later 
than March 1, 2018, the Secretary of Defense shall submit 
to the appropriate congressional committees a report certi-
fying that each Defense intelligence element with offensive 
counterintelligence authorities has the appropriate over-
sight processes necessary to ensure compliance with the 
regulations of the Department of Defense. 
(c) REPORT ON CERTAIN RESOURCES.—Not later 
than March 1, 2018, the Director of the Defense Intel-
ligence Agency shall submit to the appropriate congres-
sional committees a report that includes an accounting of 
the counterintelligence enterprise management resources 
transferred from the Counterintelligence Field Activity to 
the Defense Intelligence Agency that identifies such re-
sources that are no longer dedicated to counterintelligence 
activities, as of the date of the report. 
(d) BRIEFING ON FUNCTIONAL MANAGEMENT.—Not 
later than March 1, 2018, the Director and the Under 
Secretary of Defense for Intelligence shall jointly provide 
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to the appropriate congressional committees a briefing on 
how the Director and the Under Secretary plan to improve 
the functional management of offensive counterintelligence 
activities. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘Defense intelligence element’’ 
means any of the Department of Defense agencies, 
offices, and elements included within the definition 
of ‘‘intelligence community’’ under section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 
3003(4)). 
SEC. 1637. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
CERTAIN RELOCATION ACTIVITIES FOR NATO 
INTELLIGENCE FUSION CENTER. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2018 
for operation and maintenance may be obligated or ex-
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pended for the procurement of fit-out supplies and equip-
ment to support the relocation of the NATO Intelligence 
Fusion Center from Royal Air Force Molesworth, United 
Kingdom, to Royal Air Force Croughton, United King-
dom. 
SEC. 1638. ESTABLISHMENT OF CHAIRMAN’S CONTROLLED 
ACTIVITY WITHIN JOINT STAFF FOR INTEL-
LIGENCE, SURVEILLANCE, AND RECONNAIS-
SANCE. 
(a) 
CHAIRMAN’S
CONTROLLED
ACTIVITY.—The 
Chairman of the Joint Chiefs of Staff shall— 
(1) undertake the roles, missions, and respon-
sibilities of, and an equal or greater number of per-
sonnel billets than the amount of such billets pre-
viously prescribed for the Joint Functional Compo-
nent Command for Intelligence, Surveillance, and 
Reconnaissance of United States Strategic Com-
mand; and 
(2) not later than 30 days after the date of the 
enactment of this Act, establish an organization 
within the Joint Staff— 
(A) that is designated as a chairman’s con-
trolled activity; 
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(B) for which the Chairman of the Joint 
Chiefs of Staff shall serve as the joint func-
tional manager; and 
(C) which shall synchronize cross-combat-
ant command intelligence, surveillance, and re-
connaissance plans and develop strategies inte-
grating all joint service-provided and allied in-
telligence, surveillance, and reconnaissance ca-
pabilities to satisfy combatant command intel-
ligence needs for the Department of Defense. 
(b) EXECUTIVE AGENT.—The Secretary of Defense 
shall designate the Secretary of the Air Force as the exec-
utive agent and sponsor for funding for the organization 
established under subsection (a)(2). 
SEC. 
1639. 
SENSE 
OF 
CONGRESS 
AND 
REPORT 
ON 
GEOSPATIAL COMMERCIAL ACTIVITIES FOR 
BASIC AND APPLIED RESEARCH AND DEVEL-
OPMENT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) rapid technology change and a significant 
increase in data collection by the intelligence com-
munity has outpaced the ability of the intelligence 
community to exploit vast quantities of intelligence 
data; 
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(2) the data collection capabilities of the intel-
ligence community and the Department of Defense 
have outpaced to exploit vast quantities of data; 
(3) furthermore, international competitors may 
be catching up, and in some cases leading, in key 
technology areas; 
(4) many U.S. companies have talent and tech-
nological capability that the Federal Government 
could harness; and 
(5) these companies would be able to more ef-
fectively develop automation, artificial intelligence, 
and associated algorithms if given access to data of 
the National Geospatial-Intelligence Agency, con-
sistent with the protection of sources and methods. 
(b) REPORT.—Not later than 30 days after the date 
of the enactment of this Act, the Director of the National 
Geospatial-Intelligence Agency shall submit to the appro-
priate congressional committees a report on the authori-
ties necessary to conduct commercial activities relating to 
geospatial intelligence that the Director determines nec-
essary to engage in basic research, applied research, data 
transfers, and development projects, with respect to auto-
mation, artificial intelligence, and associated algorithms, 
including how the Director would use such authorities, 
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consistent with applicable laws and procedures relating to 
the protection of sources and methods. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committees on Armed Services of the 
House of Representatives and the Senate; 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. 1640. DEPARTMENT OF DEFENSE COUNTERINTEL-
LIGENCE POLYGRAPH PROGRAM. 
Section 1564a(b) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(5) Any person who is a United States na-
tional who also has the nationality of a foreign 
state.’’. 
SEC. 1641. SECURITY CLEARANCE FOR DUAL-NATIONALS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1564a 
the following new section: 
‘‘§ 1564b. Security clearance for dual nationals 
‘‘(a) IN GENERAL.—In the case of an individual who 
is a United States national who also has the nationality 
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of a foreign state who is appointed to or hired for a posi-
tion designated by the Office of Personnel Management 
as critical sensitive or special sensitive, the Secretary shall 
provide additional review before approving a security 
clearance for such individual. 
‘‘(b) WAIVER.— 
‘‘(1) WAIVER
AUTHORITY.—In the case of a 
person who is a United States national who also has 
the nationality of a foreign state identified under 
paragraph (2), the Secretary may waive the require-
ment under subsection (a). 
‘‘(2) FOREIGN STATES.—The Director of Na-
tional Intelligence shall identify foreign states that 
permit citizens or nationals of the United States to 
serve in positions of trust equivalent to positions 
identified by the Office of Personnel Management as 
critical sensitive or special sensitive.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1564a the following new 
item: 
‘‘1564b. Security clearance for dual nationals of high threat foreign states.’’. 
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SEC. 1642. SUSPENSION OR REVOCATION OF SECURITY 
CLEARANCES BASED ON UNLAWFUL OR INAP-
PROPRIATE CONTACTS WITH REPRESENTA-
TIVES OF A FOREIGN GOVERNMENT. 
The Secretary of Defense may suspend or revoke any 
security clearance granted by the Department of Defense 
if the holder of that security clearance has engaged in un-
lawful or inappropriate contacts with representatives of 
the government of a foreign country. 
Subtitle D—Cyberspace-Related 
Matters 
SEC. 1651. NOTIFICATION REQUIREMENTS FOR SENSITIVE 
MILITARY CYBER OPERATIONS AND CYBER 
WEAPONS. 
(a) NOTIFICATION.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new sections: 
‘‘§ 130j. Notification requirements for sensitive mili-
tary cyber operations 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(d), the Secretary of Defense shall promptly submit to the 
congressional defense committees notice in writing of any 
sensitive military cyber operation conducted under this 
title no later than 48 hours following such operation. 
‘‘(b) PROCEDURES.—(1) The Secretary of Defense 
shall establish and submit to the congressional defense 
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