H. R. 2810—447 
SEC. 1611. LIMITATION ON USE OF FUNDS FOR DELTA IV LAUNCH 
VEHICLE. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2018 or any fiscal 
year thereafter for the Air Force may be obligated or expended 
to maintain infrastructure, system engineering, critical skills, base 
and range support, depreciation, or sustainment commodities for 
the Delta IV launch vehicle until the date on which the Secretary 
of the Air Force submits to the congressional defense committees 
a certification that the Air Force plans to launch a satellite procured 
by the Air Force on a Delta IV launch vehicle during the three- 
year period beginning on the date of the certification. 
SEC. 1612. AIR FORCE SPACE CONTRACTOR RESPONSIBILITY WATCH 
LIST. 
(a) IN GENERAL.—The Commander of the Air Force Space and 
Missile Systems Center shall establish and maintain a watch list 
of contractors with a history of poor performance on space procure-
ment contracts or research, development, test, and evaluation space 
program contracts. 
(b) BASIS FOR INCLUSION ON LIST.— 
(1) DETERMINATION.—The Commander may place a con-
tractor on the watch list established under subsection (a) upon 
determining that the ability of the contractor to perform a 
contract specified in such subsection is uncertain because of 
any of the following issues: 
(A) Poor performance or award fee scores below 50 
percent. 
(B) Financial concerns. 
(C) Felony convictions or civil judgements. 
(D) Security or foreign ownership and control issues. 
(2) DISCRETION
OF
THE
COMMANDER.—The Commander 
shall be responsible for determining which contractors to place 
on the watch list, whether an entire company or a specific 
division should be included, and when to remove a contractor 
from the list. 
(c) EFFECT OF LISTING.— 
(1) PRIME CONTRACTS.—The Commander may not solicit 
an offer from, award a contract to, execute an engineering 
change proposal with, or exercise an option on any space pro-
gram of the Air Force with a contractor included on the list 
established under subsection (a) without the prior approval 
of the Commander. 
(2) SUBCONTRACTS.—A prime contractor on a contract 
entered into with the Air Force Space and Missile Systems 
Center may not enter into a subcontract valued in excess of 
$3,000,000 or five percent of the prime contract value, which-
ever is lesser, with a contractor included on the watch list 
established under subsection (a) without the prior approval 
of the Commander. 
(d) REQUEST
FOR REMOVAL FROM LIST.—A contractor may 
submit to the Commander a written request for removal from 
the watch list, including evidence that the contractor has resolved 
the issue that was the basis for inclusion on the list. 
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as preventing the suspension or debarment of a con-
tractor, but inclusion on the watch list shall not be construed
H. R. 2810—448 
as a punitive measure or de facto suspension or debarment of 
a contractor. 
SEC. 1613. CERTIFICATION AND BRIEFING ON OPERATIONAL AND 
CONTINGENCY PLANS FOR LOSS OR DEGRADATION OF 
SPACE CAPABILITIES. 
(a) CERTIFICATION.—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 certify to the 
appropriate congressional committees that appropriate contingency 
plans exist in the event of a loss or degradation of space capabilities 
of the United States. 
(b) BRIEFING.—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 provide to the appropriate 
congressional committees a briefing on the mitigation of any loss 
or degradation of space capabilities pursuant to contingency plans 
described in subsection (a). 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The Committees on Armed Services of the House of 
Representatives and the Senate. 
(2) The Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on 
Intelligence of the Senate. 
SEC. 1614. REPORT ON PROTECTED SATELLITE COMMUNICATIONS. 
Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on protected satellite communications 
that contains each of the following: 
(1) A joint certification by the Commander of the United 
States Strategic Command and the Commander of the United 
States Northern Command that a protected satellite commu-
nications system other than the advanced extremely high fre-
quency program will meet all applicable requirements for the 
nuclear command, control, and communications mission of the 
Department of Defense, the continuity of government mission 
of the Department, and all other functions relating to protected 
communications of the national command authority and the 
combatant commands, including with respect to operational 
forces in a peer-near-peer jamming environment. 
(2) With respect to such a protected satellite communica-
tions system other than the advanced extremely high frequency 
program, a certification by the Chairman of the Joint Chiefs 
of Staff that there is a validated military requirement that 
meets requirements for resilience, mission assurance, and the 
nuclear command, control, and communications mission of the 
Department of Defense. 
(3) An assessment by the Chairman of the Joint Chiefs 
of Staff on the effect of developing and fielding all the wave-
forms and terminals required to use such a protected satellite 
communications system other than the advanced extremely 
high frequency program. 
(4) A detailed plan by the Secretary of the Air Force for 
the ground control system and all user terminals developed 
and acquired by the Air Force to be synchronized through
H. R. 2810—449 
development and deployment to meet all applicable require-
ments specified in paragraph (1). 
SEC. 1615. SENSE OF CONGRESS ON ESTABLISHMENT OF SPACE FLAG 
TRAINING EVENT. 
It is the sense of Congress that— 
(1) the Secretary of Defense should establish an annual 
capstone training event titled ‘‘Space Flag’’ for space profes-
sionals to— 
(A) develop and test doctrine, concepts of operation, 
and tactics, techniques, and procedures, for— 
(i) protecting and defending assets and interests 
of the United States through the spectrum of space 
control activities; 
(ii) operating in the event of degradation or loss 
of space capabilities; 
(iii) conducting space operations in a conflict that 
extends to space; 
(iv) deterring conflict in space; and 
(v) other areas the Secretary determines necessary; 
and 
(B) 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 community support, advanced space 
training requirements, training simulators, and multi- 
domain force packaging; and 
(2) such a training event should— 
(A) be modeled on the Red Flag and Cyber Flag exer-
cises; and 
(B) include live, virtual, and constructive training and 
on-orbit threat replication, as appropriate. 
SEC. 1616. SENSE OF CONGRESS ON COORDINATING EFFORTS TO PRE-
PARE FOR SPACE WEATHER EVENTS. 
It is the sense of Congress that the Secretary of Defense should 
ensure the timely provision of operational space weather observa-
tions, analyses, forecasts, and other products to support the mission 
of the Department of Defense and coalition partners, including 
the provision of alerts and warnings for space weather phenomena 
that may affect weapons systems, military operations, or the defense 
of the United States. 
SEC. 1617. SENSE OF CONGRESS ON NATIONAL SPACE DEFENSE 
CENTER. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the National Space Defense Center is critical to 
defending and securing the space domain in order to protect 
all United States assets in space; 
(2) integration between the intelligence community and 
the Department of Defense within the National Space Defense 
Center is essential to detecting, assessing, and reacting to 
evolving space threats; and 
(3) the Department of Defense, including the military 
departments, and the elements of the intelligence community 
should seek ways to bolster integration with respect to space 
threats through work at the National Space Defense Center.
H. R. 2810—450 
(b) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 
term ‘‘intelligence community’’ has the meaning given that term 
in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
3003(4)). 
Subtitle B—Defense Intelligence and 
Intelligence-Related Activities 
SEC. 1621. SECURITY CLEARANCES FOR FACILITIES OF CERTAIN 
COMPANIES. 
(a) IN GENERAL.—Chapter 141 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 2410s. Security clearances for facilities of certain compa-
nies. 
‘‘(a) AUTHORITY.—If the senior management official of a covered 
company does not have a security clearance, the Secretary of 
Defense may grant a security clearance to a facility of such company 
only if the following criteria are met: 
‘‘(1) The company has appointed a senior officer, director, 
or employee of the company who has a security clearance at 
the level of the security clearance of the facility to act as 
the senior management official of the company with respect 
to such facility. 
‘‘(2) Any senior management official, senior officer, or 
director of the company who does not have such a security 
clearance will not have access to any classified information, 
including with respect to such facility. 
‘‘(3) The company has certified to the Secretary that the 
senior officer, director, or employee appointed under paragraph 
(1) has the authority to act on behalf of the company with 
respect to such facility independent of any senior management 
official, senior officer, or director described in paragraph (2). 
‘‘(4) The facility meets all of the requirements to be granted 
a security clearance other than any requirement relating to 
the senior management official of the company having an appro-
priate security clearance. 
‘‘(b) COVERED COMPANY.—In this section, the term ‘covered 
company’ means a company that has entered into a contract or 
agreement with the Department of Defense, assists the Department, 
or requires a facility to process classified information.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘2410s. Security clearances for facilities of certain companies’’. 
SEC. 1622. EXTENSION OF AUTHORITY TO ENGAGE IN CERTAIN 
COMMERCIAL ACTIVITIES. 
Section 431(a) of title 10, United States Code, is amended 
by striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2023’’. 
SEC. 1623. SUBMISSION OF AUDITS OF COMMERCIAL ACTIVITY 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’’.
H. R. 2810—451 
SEC. 1624. CLARIFICATION OF ANNUAL BRIEFING ON THE INTEL-
LIGENCE, 
SURVEILLANCE, 
AND 
RECONNAISSANCE 
REQUIREMENTS OF THE COMBATANT 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 reconnaissance)’’ after ‘‘intel-
ligence, surveillance, and reconnaissance requirements’’ both 
places it appears; and 
(2) in paragraph (2), by striking ‘‘critical intelligence, 
surveillance and reconnaissance requirements’’ and inserting 
‘‘critical intelligence, surveillance, and reconnaissance require-
ments (including with respect to space-based intelligence, 
surveillance, and reconnaissance)’’. 
SEC. 1625. CONSIDERATION OF SERVICE BY RECIPIENTS OF BOREN 
SCHOLARSHIPS 
AND 
FELLOWSHIPS 
IN 
EXCEPTED 
SERVICE POSITIONS AS SERVICE BY SUCH RECIPIENTS 
UNDER CAREER APPOINTMENTS FOR PURPOSES OF 
CAREER TENURE. 
Section 802(k) of the David L. Boren National Security Edu-
cation Act of 1991 (50 U.S.C. 1902(k)) is amended— 
(1) by redesignating paragraph (3) as paragraph (4); 
(2) in paragraph (2), in the matter before subparagraph 
(A), by striking ‘‘(3)(C)’’ and inserting ‘‘(4)(C)’’; and 
(3) by inserting after paragraph (2) the following: 
‘‘(3) CAREER TENURE.—In the case of an individual whose 
appointment to a position in the excepted service is converted 
to a career or career-conditional appointment under paragraph 
(1)(B), the period of service described in such paragraph shall 
be treated, for purposes of the service requirements for career 
tenure under title 5, United States Code, as if it were service 
in a position under a career or career-conditional appointment.’’. 
SEC. 1626. REVIEW OF SUPPORT PROVIDED BY DEFENSE INTEL-
LIGENCE 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 activi-
ties conducted by the Secretary, with a specific focus on such 
support— 
(1) consisting of planning, prioritizing, and resourcing 
relating to developmental weapon systems; and 
(2) for existing weapon systems throughout the program 
lifecycle of such systems. 
(b) BUDGET STRUCTURE.—The Secretary shall develop a specific 
budget structure for a sustainable funding profile to ensure the 
support provided by Defense intelligence elements described in sub-
section (a). The Secretary shall implement such structure beginning 
with the defense budget materials for fiscal year 2020. 
(c) BRIEFING.—Not later than May 1, 2018, the Secretary of 
Defense shall provide to the appropriate congressional committees 
a briefing on the results of the review under subsection (a) and 
a plan to carry out subsection (b). 
(d) CONSTRUCTION.—Nothing in this section may be construed 
to relieve the Director of National Intelligence of the responsibility
H. R. 2810—452 
to support the acquisition activities of the Department of Defense 
through the National Intelligence Program. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
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 definition of ‘‘intelligence commu-
nity’’ under section 3(4) of the National Security Act of 1947 
(50 U.S.C. 3003(4)). 
SEC. 1627. ESTABLISHMENT OF CHAIRMAN’S CONTROLLED ACTIVITY 
WITHIN JOINT STAFF FOR INTELLIGENCE, SURVEIL-
LANCE, AND RECONNAISSANCE. 
(a) CHAIRMAN’S CONTROLLED ACTIVITY.—The Chairman of the 
Joint Chiefs of Staff shall— 
(1) undertake the roles, missions, and responsibilities of, 
and preserve an equal or greater number of personnel billets 
than the amount of such billets previously prescribed for, the 
Joint Functional Component Command for Intelligence, Surveil-
lance, and Reconnaissance of the 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 the Joint Staff Intelligence, 
Surveillance, and Reconnaissance Directorate and Sup-
porting Chairman’s Controlled Activity; 
(B) for which the Chairman of the Joint Chiefs of 
Staff shall serve as the joint functional manager; and 
(C) that shall synchronize cross-combatant command 
intelligence, surveillance, and reconnaissance plans and 
develop strategies integrating all intelligence, surveillance, 
and reconnaissance capabilities provided by joint services, 
the National Reconnaissance Office, combat support intel-
ligence agencies of the Department of Defense, and allies, 
to satisfy the intelligence needs of the combatant commands 
for the Department of Defense. 
(b) LEAD AGENT.—The Secretary of Defense shall designate 
the Secretary of the Air Force as the lead agent and sponsor 
for funding for the organization established under subsection (a)(2). 
(c) DATA COLLECTION AND ANALYSIS TO SUPPORT ISR ALLOCA-
TION AND SYNCHRONIZATION PROCESSES.—In coordination with the 
Director of Cost Analysis and Program Evaluation, the Chairman 
of the Joint Chiefs of Staff shall issue guidance to the commanders 
of the geographical combatant commands that requires the com-
manders to collect sufficient and relevant data regarding the 
effectiveness of intelligence, surveillance, and reconnaissance meas-
ures in a manner that will— 
(1) enable the standardized, objective evaluation and anal-
ysis of that data with respect to the use and effectiveness
H. R. 2810—453 
of the intelligence, surveillance, and reconnaissance capabilities 
provided to the commanders; and 
(2) support recommendations made by the organization 
established under subsection (a)(2) to the Secretary of Defense 
regarding the allocation of intelligence, surveillance, and recon-
naissance resources of the Department of Defense. 
SEC. 1628. REQUIREMENTS RELATING TO MULTI-USE SENSITIVE 
COMPARTMENTED INFORMATION FACILITIES. 
(a) IN GENERAL.—In order to facilitate access for small business 
concerns and nontraditional defense contractors to affordable secure 
spaces, the Secretary of Defense, in consultation with the Director 
of National Intelligence, shall develop processes and procedures 
necessary to build, certify, and maintain certifications for multi- 
use sensitive compartmented information facilities not tied to a 
single contract and where multiple companies can securely work 
on multiple projects at different security levels. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘small business concern’’ has the meaning 
given that term under section 3 of the Small Business Act 
(15 U.S.C. 632). 
(2) The term ‘‘nontraditional defense contractors’’ has the 
meaning given that term in section 2302 of title 10, United 
States Code. 
SEC. 1629. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
COUNTERINTELLIGENCE ACTIVITIES. 
(a) LIMITATION ON COUNTERINTELLIGENCE ACTIVITIES.—Of the 
funds authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2018 under the Military Intelligence Pro-
gram for operation and maintenance, Defense-wide, for the Defense 
Intelligence Agency for counterintelligence activities, not more than 
75 percent may be obligated or expended until the date on which 
the Director of the Defense Intelligence Agency submits to the 
appropriate congressional committees the report under subsection 
(b). 
(b) REPORT ON CERTAIN RESOURCES.—Not later than March 
1, 2018, the Director of the Defense Intelligence Agency shall submit 
to the appropriate congressional 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 resources 
that are no longer dedicated to counterintelligence activities, as 
of the date of the report. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intel-
ligence of the Senate.
H. R. 2810—454 
Subtitle C—Cyberspace-Related Matters 
PART I—GENERAL CYBER MATTERS 
SEC. 1631. 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 following new sections: 
‘‘§ 130j. Notification requirements for sensitive military 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 committees procedures 
for complying with the requirements of subsection (a) consistent 
with the national security of the United States and the protection 
of operational integrity. The Secretary shall promptly notify the 
congressional defense committees in writing of any changes to such 
procedures at least 14 days prior to the adoption of any such 
changes. 
‘‘(2) The congressional defense committees shall ensure that 
committee procedures designed to protect from unauthorized disclo-
sure classified information relating to national security of the 
United States are sufficient to protect the information that is sub-
mitted to the committees pursuant to this section. 
‘‘(3) In the event of an unauthorized disclosure of a sensitive 
military cyber operation covered by this section, the Secretary shall 
ensure, to the maximum extent practicable, that the congressional 
defense committees are notified immediately of the sensitive mili-
tary cyber operation concerned. The notification under this para-
graph may be verbal or written, but in the event of a verbal 
notification a written notification shall be provided by not later 
than 48 hours after the provision of the verbal notification. 
‘‘(c) SENSITIVE MILITARY CYBER OPERATION DEFINED.—(1) In 
this section, the term ‘sensitive military cyber operation’ means 
an action described in paragraph (2) that— 
‘‘(A) is carried out by the armed forces of the United 
States; and 
‘‘(B) is intended to cause cyber effects outside a 
geographic location— 
‘‘(i) where the armed forces of the United States 
are involved in hostilities (as that term is used in 
section 1543 of title 50, United States Code); or 
‘‘(ii) with respect to which hostilities have been 
declared by the United States. 
‘‘(2) The actions described in this paragraph are the following: 
‘‘(A) An offensive cyber operation. 
‘‘(B) A defensive cyber operation outside the Department 
of Defense Information Networks to defeat an ongoing or 
imminent threat. 
‘‘(d) EXCEPTIONS.—The notification requirement under sub-
section (a) does not apply—
H. R. 2810—455 
‘‘(1) to a training exercise conducted with the consent of 
all nations where the intended effects of the exercise will occur; 
or 
‘‘(2) to a covert action (as that term is defined in section 
3093 of title 50, United States Code). 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to provide any new authority or to alter or otherwise 
affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the 
Authorization for Use of Military Force (Public Law 107–40; 50 
U.S.C. 1541 note), or any requirement under the National Security 
Act of 1947 (50 U.S.C. 3001 et seq.). 
‘‘§ 130k. Notification requirements for cyber weapons 
‘‘(a) IN GENERAL.—Except as provided in subsection (c), the 
Secretary of Defense shall promptly submit to the congressional 
defense committees notice in writing of the following: 
‘‘(1) With respect to a cyber capability that is intended 
for use as a weapon, on a quarterly basis, the aggregated 
results of all reviews of the capability for legality under inter-
national law pursuant to Department of Defense Directive 
5000.01 carried out by any military department concerned. 
‘‘(2) The use as a weapon of any cyber capability that 
has been approved for such use under international law by 
a military department no later than 48 hours following such 
use. 
‘‘(b) PROCEDURES.—(1) The Secretary of Defense shall establish 
and submit to the congressional defense committees procedures 
for complying with the requirements of subsection (a) consistent 
with the national security of the United States and the protection 
of operational integrity. The Secretary shall promptly notify the 
congressional defense committees in writing of any changes to such 
procedures at least 14 days prior to the adoption of any such 
changes. 
‘‘(2) The congressional defense committees shall ensure that 
committee procedures designed to protect from unauthorized disclo-
sure classified information relating to national security of the 
United States are sufficient to protect the information that is sub-
mitted to the committees pursuant to this section. 
‘‘(3) In the event of an unauthorized disclosure of a cyber 
capability covered by this section, the Secretary shall ensure, to 
the maximum extent practicable, that the congressional defense 
committees are notified immediately of the cyber capability con-
cerned. The notification under this paragraph may be verbal or 
written, but in the event of a verbal notification a written notifica-
tion shall be provided by not later than 48 hours after the provision 
of the verbal notification. 
‘‘(c) EXCEPTIONS.—The notification requirement under sub-
section (a) does not apply— 
‘‘(1) to a training exercise conducted with the consent of 
all nations where the intended effects of the exercise will occur; 
or 
‘‘(2) to a covert action (as that term is defined in section 
3093 of title 50, United States Code). 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to provide any new authority or to alter or otherwise 
affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the 
Authorization for Use of Military Force (Public Law 107–40; 50