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committees procedures for complying with the require-
ments of subsection (a) consistent with the national secu-
rity of the United States and the protection of operational 
integrity. The Secretary shall promptly notify the congres-
sional 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 en-
sure that committee procedures designed to protect from 
unauthorized disclosure classified information relating to 
national security of the United States are sufficient to pro-
tect the information that is submitted 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 prac-
ticable, that the congressional defense committees are no-
tified immediately of the sensitive military cyber operation 
concerned. The notification under this paragraph 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 DE-
FINED.—(1) In this section, the term ‘sensitive military 
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cyber operation’ means an action described in paragraph 
(2) that— 
‘‘(A) is carried out by the armed forces or by 
a foreign partner in coordination with the armed 
forces; and 
‘‘(B) is intended to cause effects outside a geo-
graphic location where United States armed forces 
are involved in hostilities (as that term is used in 
section 1543 of title 50, United States Code). 
‘‘(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 de-
feat an ongoing or imminent threat. 
‘‘(d) EXCEPTIONS.—The notification requirement 
under subsection (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). 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to provide any new authority or 
to alter or otherwise affect the War Powers Resolution (50 
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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, the results of any re-
view of the capability for legality under international 
law pursuant to Department of Defense Directive 
5000.01 no later than 48 hours after any military 
department concerned has completed such review. 
‘‘(2) The use as a weapon of any cyber capa-
bility 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 require-
ments of subsection (a) consistent with the national secu-
rity of the United States and the protection of operational 
integrity. The Secretary shall promptly notify the congres-
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sional 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 en-
sure that committee procedures designed to protect from 
unauthorized disclosure classified information relating to 
national security of the United States are sufficient to pro-
tect the information that is submitted 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 con-
gressional defense committees are notified immediately of 
the cyber capability concerned. The notification under this 
paragraph may be verbal or written, but in the event of 
a verbal notification a written notification shall be pro-
vided by not later than 48 hours after the provision of 
the verbal notification. 
‘‘(c) EXCEPTIONS.—The notification requirement 
under subsection (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). 
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‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new items: 
‘‘130j. Notification requirements for sensitive military cyber operations. 
‘‘130k. Notification requirements for cyber weapons.’’. 
SEC. 1652. MODIFICATION TO QUARTERLY CYBER OPER-
ATIONS BRIEFINGS. 
(a) IN GENERAL.—Section 484 of title 10, United 
States Code, is amended— 
(1) by striking ‘‘The Secretary of Defense shall 
provide to the Committees on Armed Services of the 
House of Representatives and the Senate’’ and in-
serting the following: 
‘‘(a) BRIEFINGS REQUIRED.—The Secretary of De-
fense shall provide to the congressional defense commit-
tees’’; and 
(2) by adding at the end the following: 
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‘‘(b) ELEMENTS.—Each briefing under subsection 
(a) shall include, with respect to the military operations 
in cyberspace described in such subsection, the following: 
‘‘(1) An update, set forth separately for each 
geographic and functional command, that describes 
the operations carried out by the command and any 
hostile cyber activity directed at the command. 
‘‘(2) An overview of authorities and legal issues 
applicable to the operations, including any relevant 
legal limitations. 
‘‘(3) An outline of any interagency activities 
and initiatives relating to the operations. 
‘‘(4) Any other matters the Secretary deter-
mines to be appropriate.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply with respect to briefings 
required be provided under section 484 of title 10, United 
States Code, on or after that date. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the quarterly cyber operations briefings re-
quired under section 484 of title 10, United States Code, 
as amended by subsection (a), should include an update 
on the progress of the Secretary of Defense in carrying 
out the cooperative program described in section 924. 
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SEC. 1653. CYBER SCHOLARSHIP PROGRAM. 
(a) NAME OF PROGRAM.—Section 2200 of title 10, 
Unites States Code, is amended by adding at the end the 
following: 
‘‘(c) NAME OF PROGRAM.—The programs authorized 
under this chapter shall be known as the ‘Cyber Scholar-
ship Program’.’’. 
(b) MODIFICATION
TO ALLOCATION
OF FUNDING 
FOR CYBER SCHOLARSHIP PROGRAM.—Section 2200a(f) 
of title 10, Unites States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Not less’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Not less than five percent of the amount avail-
able for financial assistance under this section for a fiscal 
year shall be available for providing financial assistance 
for the pursuit of an associate degree at an institution 
described in paragraph (1).’’. 
(c) CYBER DEFINITION.—Section 2200e of title 10, 
Unites States Code, is amended to read as follows: 
‘‘§ 2200e. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘cyber’ includes the following: 
‘‘(A) Offensive cyber operations. 
‘‘(B) Defensive cyber operations. 
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‘‘(C) Department of Defense information 
network operations and defense. 
‘‘(D) Any other information technology 
that the Secretary of Defense considers to be 
related to the cyber activities of the Depart-
ment of Defense. 
‘‘(2) The term ‘institution of higher education’ 
has the meaning given the term in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001). 
‘‘(3) The term ‘Center of Academic Excellence 
in Cyber Education’ means an institution of higher 
education that is designated by the Director of the 
National Security Agency as a Center of Academic 
Excellence in Cyber Education.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Chapter 112 of title 10, United States 
Code, is further amended— 
(A) in the chapter heading, by striking 
‘‘INFORMATION SECURITY’’ and in-
serting ‘‘CYBER’’; 
(B) in section 2200 (as amended by sub-
section (a))— 
(i) in subsection (a), by striking ‘‘De-
partment of Defense information assurance 
requirements’’ and inserting ‘‘the cyber re-
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quirements of the Department of De-
fense’’; and 
(ii) in subsection (b)(1), by striking 
‘‘information assurance’’ and inserting 
‘‘cyber disciplines’’; 
(C) in section 2200a (as amended by sub-
section (b))— 
(i) in subsection (a)(1), by striking 
‘‘an information assurance discipline’’ and 
inserting ‘‘a cyber discipline’’; 
(ii) in subsection (f)(1), by striking 
‘‘information assurance’’ and inserting 
‘‘cyber disciplines’’; and 
(iii) in subsection (g)(1), by striking 
‘‘an information technology position’’ and 
inserting ‘‘a cyber position’’; 
(D) in section 2200b, by striking ‘‘infor-
mation assurance disciplines’’ and inserting 
‘‘cyber disciplines’’; and 
(E) in section 2200c, by striking ‘‘Infor-
mation Assurance’’ each place it appears and 
inserting ‘‘Cyber’’. 
(2) The table of sections at the beginning of 
chapter 112 of title 10, Unites States Code, is 
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amended by striking the item relating to section 
2200c and inserting the following: 
‘‘2200c. Centers of Academic Excellence in Cyber Education.’’. 
(3) Section 7045 of title 10, United States 
Code, is amended— 
(A) by striking ‘‘Information Security 
Scholarship program’’ each place it appears and 
inserting ‘‘Cyber Scholarship program’’; and 
(B) in subsection (a)(2)(B), by striking 
‘‘information assurance’’ and inserting ‘‘a cyber 
discipline’’. 
(4) Section 7904(4) of title 38, United States 
Code, is amended by striking ‘‘Information Assur-
ance’’ and inserting ‘‘Cyber’’. 
(e) REDESIGNATIONS.— 
(1) SCHOLARSHIP PROGRAM.—The Information 
Security Scholarship program under chapter 112 of 
title 10, United States Code, is redesignated as the 
‘‘Cyber Scholarship program’’. Any reference in a 
law (other than this section), map, regulation, docu-
ment, paper, or other record of the United States to 
the Information Security Scholarship program shall 
be deemed to be a reference to the Cyber Scholar-
ship Program. 
(2) CENTERS
OF
ACADEMIC
EXCELLENCE.— 
Any institution of higher education designated by 
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the Director of the National Security Agency as a 
Center of Academic Excellence in Information As-
surance Education is redesignated as a Center of 
Academic Excellence in Cyber Education. Any ref-
erence in a law (other than this section), map, regu-
lation, document, paper, or other record of the 
United States to a Center of Academic Excellence in 
Information Assurance Education shall be deemed to 
be a reference to a Center of Academic Excellence 
in Cyber Education. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Defense 
to provide financial assistance under section 2200a of title 
10, United States Code (as amended by this section), and 
grants under section 2200b of such title (as so amended), 
$10,000,000 for fiscal year 2018. 
SEC. 1654. PLAN TO INCREASE CYBER AND INFORMATION 
OPERATIONS, DETERRENCE, AND DEFENSE. 
(a) FINDINGS.—Congress finds following: 
(1) Cyber threats originating from the Asia-Pa-
cific region targeting the United States and the al-
lies of the United States have grown through the use 
of cyber intrusions, exfiltration, and espionage by 
China and North Korea. 
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(2) In February 2016, Admiral Harry Harris 
Jr., Commander of the United States Pacific Com-
mand, in his testimony noted ‘‘increased cyber ca-
pacity and nefarious activity, especially by China, 
North Korea, and Russia underscore the growing re-
quirement to evolve command, control, and oper-
ational authorities’’. 
(3) Admiral Harris stated ‘‘that in order to 
fully leverage the cyber domain, PACOM requires an 
enduring theater cyber capability able to provide 
cyber planning, integration, synchronization, and di-
rection of cyber forces.’’. 
(b) PLAN.—The Secretary of Defense shall develop 
a plan to— 
(1) increase inclusion of regional cyber planning 
within larger United States joint planning exercises 
in the Indo-Asia-Pacific region; 
(2) enhance joint, regional, and combined infor-
mation operations and strategic communication 
strategies to counter Chinese and North Korean in-
formation warfare, malign influence, and propa-
ganda activities; and 
(3) identify potential areas of cybersecurity col-
laboration and partnership capabilities with Asian 
allies and partners of the United States. 
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(c) BRIEFING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall provide to the congressional defense committees a 
briefing on the plan required under subsection (b). 
SEC. 1655. REPORT ON TERMINATION OF DUAL-HAT AR-
RANGEMENT 
FOR 
COMMANDER 
OF 
THE 
UNITED STATES CYBER COMMAND. 
(a) REPORT.—Not later than December 1, 2017, the 
Secretary of Defense shall submit to the appropriate con-
gressional committees a report on the progress of the De-
partment of Defense in meeting the requirements of sec-
tion 1642 of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2601). 
(b) ELEMENTS.—The report under subsection (a) 
shall include, with respect to any decision to terminate the 
dual-hat arrangement as described in section 1642 of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 130 Stat. 2601), the following: 
(1) Metrics and milestones for meeting the con-
ditions described in subsection (b)(2)(C) of such sec-
tion 1642. 
(2) Identification of any challenges to meeting 
such conditions. 
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(3) Identification of entities or persons requir-
ing additional resources as a result of any decision 
to terminate the dual-hat arrangement. 
(4) Identification of any updates to statutory 
authorities needed as a result of any decision to ter-
minate the dual-hat arrangement. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional defense committees; 
(2) the Select Committee on Intelligence of the 
Senate; and 
(3) the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
SEC. 1656. STRATEGY FOR THE OFFENSIVE USE OF CYBER 
CAPABILITIES. 
(a) FINDINGS.— 
(1) The North Atlantic Treaty Organization 
(commonly known as ‘‘NATO’’) remains a critical 
alliance for the United States and a cost-effective, 
flexible means of providing security to the most im-
portant allies of the United States. 
(2) The regime of Russian President Vladimir 
Putin is actively working to erode democratic sys-
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tems of NATO member states, including the United 
States. 
(3) According to the report of the Office of the 
Director of National Intelligence dated January 6, 
2017, on the Russian Federation’s hack of the 
United States presidential election: ‘‘Russian efforts 
to influence the 2016 presidential election represent 
the most recent expression of Moscow’s longstanding 
desire to undermine the US-led liberal democratic 
order.’’. 
(4) As recently as May 4, 2017, the press re-
ported a massive cyber hack of French President 
Emmanuel Macron’s campaign, likely attributable to 
Russian actors. 
(5) It is in the core interests of the United 
States to enhance the offensive and defensive cyber 
capabilities of NATO member states to deter and 
defend against Russian cyber and influence oper-
ations. 
(6) Enhanced offensive cyber capabilities would 
enable the United States to demonstrate strength 
and deter the Russian Federation from threatening 
NATO, while reassuring allies, without a provocative 
buildup of conventional military forces. 
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(b) SENSE OF CONGRESS ON CYBER STRATEGY OF 
THE DEPARTMENT OF DEFENSE.—It is the sense of Con-
gress that — 
(1) the Secretary of Defense should update the 
cyber strategy of the Department of Defense (as 
that strategy is described in the Department of De-
fense document titled ‘‘The Department of Defense 
Cyber Strategy’’ dated April 15, 2015); and 
(2) in updating the cyber strategy of the De-
partment, the Secretary should— 
(A) specifically develop an offensive cyber 
strategy that includes plans for the offensive 
use of cyber capabilities, including computer 
network exploitation and computer network at-
tacks, to thwart air, land, or sea attacks by the 
regime of Russian President Vladimir Putin 
and other adversaries; 
(B) provide guidance on integrating offen-
sive tools into the cyber arsenal of the Depart-
ment; and 
(C) assist NATO partners, through the 
NATO Cooperative Cyber Center of Excellence 
and other entities, in developing offensive cyber 
capabilities. 
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(c) STRATEGY FOR OFFENSIVE USE OF CYBER CA-
PABILITIES.— 
(1) STRATEGY REQUIRED.—The President shall 
develop a written strategy for the offensive use of 
cyber capabilites by departments and agencies of the 
Federal Government. 
(2) ELEMENTS.—The strategy developed under 
paragraph (1) shall include, at minimum— 
(A) a description of enhancements that are 
needed to improve the offensive cyber capabili-
ties of the United States and partner nations, 
including NATO member states; and 
(B) a statement of principles concerning 
the appropriate deployment of offensive cyber 
capabilities. 
(3) SUBMISSION TO CONGRESS.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the President shall submit to the congres-
sional defense committees (as that term is de-
fined in section 101(a)(16) of title 10, United 
States Code) the strategy developed under para-
graph (1). 
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(B) FORM OF SUBMISSION.—The strategy 
submitted under subparagraph (A) may be sub-
mitted in classified form. 
(d) INTERNATIONAL COOPERATION.— 
(1) AUTHORITY
TO
PROVIDE
TECHNICAL
AS-
SISTANCE.—The President, acting through the Sec-
retary of Defense and with the concurrence of the 
Secretary of State, is authorized to provide technical 
assistance to NATO member states to assist such 
states in developing and enhancing offensive cyber 
capabilities. 
(2) TECHNICAL EXPERTS.—In providing tech-
nical assistance under paragraph (1), the President, 
acting through the NATO Cooperative Cyber Center 
of Excellence, may detail technical experts in the 
field of cyber operations to NATO member states. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to preclude or limit the 
authorities of the President or the Secretary of De-
fense to provide cyber-related assistance to foreign 
countries, including the authority of the Secretary to 
provide such assistance under section 333 of title 
10, United States Code. 
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SEC. 1657. DEPARTMENT OF DEFENSE CYBER WORKFORCE 
DEVELOPMENT PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Defense 
may carry out a pilot program to be known as the ‘‘Cyber 
Workforce Development Pilot Program’’ (in this section 
referred to as the ‘‘Pilot Program’’) under which the Sec-
retary shall provide funds, in addition to other funds that 
may 
be 
available, 
for 
the 
recruitment, 
training, 
professionalization, and retention of personnel in the cyber 
workforce of the Department of Defense. 
(b) PURPOSE.—The purpose of the Pilot Program 
shall be to assess the effectiveness of carrying out a full- 
scale talent management program to ensure that the cyber 
workforce of the Department of Defense has the capacity, 
in both personnel and skills, needed to effectively perform 
its cyber missions and the kinetic missions impacted by 
cyber activities. 
(c) MANAGEMENT.—The Pilot Program shall be 
managed by the Chief Information Officer of the Depart-
ment of Defense, in consultation with the Principal Cyber 
Advisor to the Secretary of Defense. 
(d) GUIDANCE.—The Chief Information Officer of 
the Department of Defense, in consultation with the Prin-
cipal Cyber Advisor to the Secretary of Defense, shall 
issue guidance for the administration of the Pilot Pro-
gram. Such guidance shall include provisions that— 
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(1) identify areas of need in the cyber work-
force that funds under the Pilot Program may be 
used to address, including— 
(A) changes to the types of skills needed in 
the cyber workforce; 
(B) capabilities to develop the cyber work-
force and assist members of the cyber workforce 
in 
achieving 
qualifications 
and 
professionalization through activities such as 
training, education, and exchange programs; 
(C) incentives to retain qualified, experi-
enced cyber workforce personnel; and 
(D) incentives for attracting new, high- 
quality personnel to the cyber workforce; 
(2) describe the process under which entities 
may submit an application to receive funds under 
the Pilot Program; 
(3) describe the evaluation criteria to be used 
for approving or prioritizing applications for funds 
under the Pilot Program in any fiscal year; and 
(4) describe measurable objectives of perform-
ance for determining whether funds under the Pilot 
Program are being used in compliance with this sec-
tion. 
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(e) CONSIDERATIONS.—When selecting entities to 
provide training and education services under the Pilot 
Program, consideration shall be given to whether the enti-
ty providing such services is a Center of Academic Excel-
lence in Information Assurance Education (as that term 
is defined in section 2200e of title 10, United States 
Code). 
(f) ANNUAL REPORT.—Not later than 120 days after 
the end of each of fiscal year for which funds are appro-
priated for the Pilot Program, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the operation of the Pilot Program during such 
fiscal year. Each report shall include, for the fiscal year 
covered by such report, the following: 
(1) A description of the expenditures made 
under the Pilot Program (including expenditures fol-
lowing a transfer of funds under the Pilot Program 
to a military department or Defense Agency) in such 
fiscal year, including the purpose of such expendi-
tures. 
(2) A description and assessment of improve-
ments in the Department of Defense cyber workforce 
resulting from such expenditures. 
(3) Recommendations for additional authorities 
to fulfill the purpose of the Pilot Program. 
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(4) A statement of the funds that remain avail-
able under the Pilot Program at the end of such fis-
cal year. 
(g) TERMINATION.—The Pilot Program and the an-
nual reporting requirement under subsection (f) shall each 
terminate on the date that is five years after the date on 
which funds are first appropriated for the Pilot Program 
and any funds not obligated or expended under the Pilot 
Program on that date shall be deposited in the general 
fund of the Treasury of the United States. 
(h) CYBER WORKFORCE DEFINED.—In this Act, the 
term ‘‘cyber workforce’’ means the following: 
(1) Personnel in positions that require the per-
formance of cybersecurity or other cyber-related 
functions as so identified pursuant to the Federal 
Cybersecurity Workforce Assessment Act of 2015 
(Public Law 114–113; 5 U.S.C. 301 note) . 
(2) Military personnel or civilian employees of 
the Department of Defense who are not described in 
paragraph (1) but who— 
(A) are assigned functions that contribute 
significantly to cyber operations; and 
(B) are designated as temporary members 
of the cyber workforce by the Chief Information 
Officer of the Department of Defense, or by the 
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head of a military department or Defense Agen-
cy, for the limited purpose of receiving training 
for the performance of cyber-related functions. 
SEC. 1658. DEFINITION OF DETERRENCE IN THE CONTEXT 
OF CYBER OPERATIONS. 
(a) IN GENERAL.—The Secretary of Defense shall— 
(1) develop a definition of the term ‘‘deter-
rence’’ as such term is used in the context of the 
cyber operations of the Department of Defense; and 
(2) assess how the definition developed under 
paragraph (1) affects the overall cyber strategy of 
the Department. 
(b) INCLUSION OF OTHER ACTIVITIES.—The defini-
tion of the term ‘‘deterrence’’ developed under subsection 
(a) may include activities, capability efforts, and oper-
ations other than cyber activities, cyber capability efforts, 
and cyber operations. 
Subtitle E—Nuclear Forces 
SEC. 1661. NOTIFICATIONS REGARDING DUAL-CAPABLE F– 
35A AIRCRAFT. 
Section 179(f) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (6) as para-
graph (7); and 
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(2) by inserting after paragraph (5) the fol-
lowing new paragraph (6): 
‘‘(6) If a House of Congress adopts a bill authorizing 
or appropriating funds for the Department of Defense 
that, as determined by the Council, provides funds in an 
amount that will result in a delay in the nuclear certifi-
cation or delivery of F–35A dual-capable aircraft, the 
Council shall notify the congressional defense committees 
of the determination.’’. 
SEC. 1662. OVERSIGHT OF DELAYED ACQUISITION PRO-
GRAMS BY COUNCIL ON OVERSIGHT OF THE 
NATIONAL 
LEADERSHIP 
COMMAND, 
CON-
TROL, AND COMMUNICATIONS SYSTEM. 
(a) STATUS UPDATES.—Section 171a of title 10, 
United States Code, is amended— 
(1) by redesignating subsection (k) as sub-
section (l); and 
(2) by inserting after subsection (j) the fol-
lowing new subsection (k): 
‘‘(k) STATUS OF ACQUISITION PROGRAMS.—(1) On 
a quarterly basis, each program manager of a covered ac-
quisition program shall transmit to the co-chairs of the 
Council, acting through the senior steering group of the 
Council, a report that identifies— 
‘‘(A) the covered acquisition program; 
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‘‘(B) the requirements of the program; 
‘‘(C) the development timeline of the program; 
and 
‘‘(D) the status of the program, including 
whether the program is delayed and, if so, whether 
such delay will result in a program schedule delay. 
‘‘(2) Not later than seven days after the end of each 
quarter, the co-chairs of the Council shall submit to the 
congressional defense committees a report that identifies, 
with respect to the reports transmitted to the Council 
under paragraph (1) for that quarter— 
‘‘(A) each covered acquisition program that is 
delayed more than 180 days; and 
‘‘(B) any covered acquisition program that 
should have been included in such reports but was 
excluded, and the reasons for such exclusion. 
‘‘(3) In this subsection, the term ‘covered acquisition 
program’ means each acquisition program of the Depart-
ment of Defense that materially contributes to— 
‘‘(A) the nuclear command, control, and com-
munications systems of the United States; or 
‘‘(B) the continuity of government systems of 
the United States.’’. 
(b) INSTRUCTIONS.—The Secretary of Defense shall 
issue a Department of Defense Instruction, or revise such 
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an Instruction, to ensure that program managers carry 
out subsection (k)(1) of section 171a of title 10, United 
States Code, as added by subsection (a). 
SEC. 1663. ESTABLISHMENT OF NUCLEAR COMMAND AND 
CONTROL INTELLIGENCE FUSION CENTER. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense and the Director of National Intelligence shall 
jointly establish an intelligence fusion center to enhance 
the protection of nuclear command, control, and commu-
nications programs, systems, and processes and continuity 
of government programs, systems, and processes. 
(b) CHARTER.—In establishing the fusion center 
under subsection (a), the Secretary and the Director shall 
develop a charter for the fusion center that includes the 
following: 
(1) To carry out the duties of the fusion center, 
a description of— 
(A) the roles and responsibilities of offi-
cials and elements of the Federal Government, 
including a detailed description of the organiza-
tional relationships of such officials and the ele-
ments of the Federal Government that are key 
stakeholders; 
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(B) the organization reporting chain of the 
fusion center; 
(C) the staffing of the fusion center; 
(D) the processes of the fusion center; and 
(E) how the fusion center integrates with 
other elements of the Federal Government; 
(2) The management and administration proc-
esses required to carry out the fusion center, includ-
ing with respect to facilities and security authorities. 
(3) Procedures to ensure that the appropriate 
number of staff of the fusion center have the secu-
rity clearance necessary to access information on the 
programs, systems, and processes that relate, either 
wholly or substantially, to nuclear command, control, 
and communications or continuity of government, in-
cluding with respect to both the programs, systems, 
and processes that are designated as special access 
programs (as described in section 4.3 of Executive 
Order 13526 (50 U.S.C. 3161 note) or any suc-
cessor Executive order) and the programs, systems, 
and processes that contain sensitive compartmented 
information. 
(c) COORDINATION.—In establishing the fusion cen-
ter under subsection (a), the Secretary and the Director 
shall coordinate with the elements of the Federal Govern-
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ment that the Secretary and Director determine appro-
priate. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary and the Director shall jointly submit to the 
appropriate congressional committees a report con-
taining— 
(A) the charter for the fusion center devel-
oped under subsection (b); and 
(B) a plan on the budget and staffing of 
the fusion center. 
(2) ANNUAL REPORTS.—At the same time as 
the President submits to Congress the annual budg-
et request under section 1105 of title 31, United 
States Code, for fiscal year 2019 and each fiscal 
year thereafter, the Secretary and the Director shall 
submit to the appropriate congressional committees 
a report on the fusion center, including, with respect 
to the period covered by the report— 
(A) any updates to the plan on the budget 
and staffing of the fusion center; 
(B) any updates to the charter developed 
under subsection (b); and 
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(C) a summary of the activities and accom-
plishments of the fusion center. 
(3) SUNSET.—No report is required under this 
subsection after December 31, 2021. 
(e) 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 and the Se-
lect Committee on Intelligence of the Senate. 
SEC. 1664. SECURITY OF NUCLEAR COMMAND, CONTROL, 
AND COMMUNICATIONS SYSTEM FROM COM-
MERCIAL DEPENDENCIES. 
(a) FINDINGS.—Congress finds the following: 
(1) At a hearing before the Committee on 
Armed Services of the House of Representatives on 
September 30, 2015, Deputy Secretary of Defense 
Robert Work, responding to a question about the 
use of Huawei telecommunications equipment, stat-
ed, ‘‘In the Office of the Secretary of Defense, abso-
lutely not. And I know of no other—I don’t believe 
we operate in the Pentagon, any [Huawei] systems 
in the Pentagon.’’. 
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(2) At such hearing, the Commander of the 
United States Cyber Command, Admiral Mike Rog-
ers, responding to a question about why such 
Huawei telecommunications equipment is not used, 
stated, ‘‘as we look at supply chain and we look at 
potential vulnerabilities within the system, that it is 
a risk we felt was unacceptable.’’. 
(3) At a hearing before the Committee on 
Armed Services of the House of Representatives on 
June 22, 2016, Acting Assistant Secretary of De-
fense for Homeland Defense and Global Security 
Thomas Atkin, stated, ‘‘There are currently no 
Huawei or ZTE products on the DoD Unified Capa-
bilities Approved Products List (APL).’’. 
(b) CERTIFICATION.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall certify to the congressional defense commit-
tees whether the Secretary uses covered telecommuni-
cations equipment or services as a substantial or essential 
component of any system, or as critical technology as part 
of any system, to carry out— 
(1) the nuclear deterrence mission of the De-
partment of Defense, including with respect to nu-
clear command, control, and communications, inte-
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grated tactical warning and attack assessment, and 
continuity of government; or 
(2) the homeland defense mission of the De-
partment, including with respect to ballistic missile 
defense. 
(c) PROHIBITION AND MITIGATION.— 
(1) PROHIBITION.—Except as provided by 
paragraph (2), beginning on the date that is one 
year after the date of the enactment of this Act, the 
Secretary of Defense may not procure or obtain, or 
extend or renew a contract to procure or obtain, any 
equipment, system, or service to carry out the mis-
sions described in paragraphs (1) and (2) of sub-
section (b) that uses covered telecommunications 
equipment or services as a substantial or essential 
component of any system, or as critical technology 
as part of any system. 
(2) WAIVER.—The Secretary may waive the 
prohibition in paragraph (1) on a case-by-case basis 
for a single one-year period if the Secretary— 
(A) determines such waiver to be in the 
national security interests of the United States; 
and 
(B) certifies to the congressional commit-
tees that— 
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(i) there are sufficient mitigations in 
place to guarantee the ability of the Sec-
retary to carry out the missions described 
in paragraphs (1) and (2) of subsection 
(b); and 
(ii) the Secretary is removing the use 
of covered telecommunications equipment 
or services in carrying out such missions. 
(3) DELEGATION.—The Secretary may not del-
egate the authority to make a waiver under para-
graph (2) to any official other than the Deputy Sec-
retary of Defense or the co-chairs of the Council on 
Oversight of the National Leadership Command, 
Control, and Communications System established by 
section 171a of title 10, United States Code. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
(2) The term ‘‘covered foreign country’’ means 
any of the following: 
(A) The People’s Republic of China. 
(B) The Russian Federation. 
(3) The term ‘‘covered telecommunications 
equipment or services’’ means any of the following: 
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(A) Telecommunications equipment pro-
duced by Huawei Technologies Company or 
ZTE Corporation (or any subsidiary or affiliate 
of such entities). 
(B) Telecommunications services provided 
by such entities or using such equipment. 
(C) 
Telecommunications 
equipment 
or 
services produced or provided by an entity that 
the Secretary of Defense reasonably believes to 
be an entity owned or controlled by, or other-
wise connected to, the government of a covered 
foreign country. 
SEC. 1665. OVERSIGHT OF AERIAL-LAYER PROGRAMS BY 
COUNCIL ON OVERSIGHT OF THE NATIONAL 
LEADERSHIP 
COMMAND, 
CONTROL, 
AND 
COMMUNICATIONS SYSTEM. 
Any analysis of alternatives for the Senior Leader 
Airborne Operations Center, the executive airlift program 
of the Air Force, and the E–6B modernization program 
may not receive final approval by the Joint Requirements 
Oversight Council, and the Director of Cost Assessment 
and Program Evaluation may not conduct any sufficiency 
review of such an analysis of alternatives, unless— 
(1) the Council on Oversight of the National 
Leadership Command, Control, and Communications 
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System established by section 171a of title 10, 
United States Code, determines that the alternatives 
for such programs are capable of meeting the re-
quirements for senior leadership communications in 
support of the nuclear command, control, and com-
munications mission of the Department of Defense 
and the continuity of government mission of the De-
partment; 
(2) the Council submits to the congressional de-
fense committees such determination; and 
(3) a period of 30 days elapses following the 
date of such submission. 
SEC. 1666. SECURITY CLASSIFICATION GUIDE FOR PRO-
GRAMS RELATING TO NUCLEAR COMMAND, 
CONTROL, AND COMMUNICATIONS AND NU-
CLEAR DETERRENCE. 
(a) REQUIREMENT FOR SECURITY CLASSIFICATION 
GUIDE.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary of Defense shall require 
the issuance of a security classification guide for each cov-
ered program to ensure the protection of sensitive infor-
mation from public disclosure. 
(b) REQUIREMENTS.—Each security classification 
guide issued pursuant to subsection (a) shall be— 
(1) approved by— 
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(A) the Council on Oversight of the Na-
tional Leadership Command, Control, and Com-
munications System with respect to covered 
programs under paragraph (1) or (2) of sub-
section (c); or 
(B) the Nuclear Weapons Council with re-
spect to covered programs under paragraph (3) 
of such subsection; and 
(2) issued not later than March 19, 2019, with 
respect to a covered program in existence as of such 
date. 
(c) COVERED PROGRAM DEFINED.—In this section, 
the term ‘‘covered program’’ means programs of the De-
partment of Defense in existence on or after the date of 
the enactment of this Act relating to any of the following: 
(1) Continuity of government. 
(2) Nuclear command, control, and communica-
tions. 
(3) Nuclear deterrence. 
SEC. 1667. EVALUATION AND ENHANCED SECURITY OF SUP-
PLY CHAIN FOR NUCLEAR COMMAND, CON-
TROL, AND COMMUNICATIONS AND CON-
TINUITY OF GOVERNMENT PROGRAMS. 
(a) 
EVALUATIONS
OF
SUPPLY
CHAIN 
VULNERABILITIES.— 
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(1) IN GENERAL.—Not later than December 31, 
2019, and in accordance with the plan under para-
graph (2)(A), the Secretary of Defense shall conduct 
evaluations of the supply chain vulnerabilities of 
each covered program. 
(2) PLAN.— 
(A) DEVELOPMENT.—The Secretary shall 
develop a plan to carry out the evaluations 
under paragraph (1). 
(B) SUBMISSION.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary shall submit to the congres-
sional defense committees the plan under sub-
paragraph (A). 
(3) WAIVER.—The Secretary may waive, on a 
case-by-case basis with respect to a weapons system, 
a program, or a system of systems, of a covered pro-
gram, either the requirement to conduct an evalua-
tion under paragraph (1) or the deadline specified in 
such paragraph if the Secretary certifies to the con-
gressional defense committees before such date that 
all known supply chain vulnerabilities of such weap-
ons system, program, or system of systems have 
minimal consequences for the capability of such 
weapons system, program, or system of systems to 
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meet operational requirements or otherwise satisfy 
mission requirements. 
(4) RISK
MITIGATION
STRATEGIES.—In car-
rying out an evaluation under paragraph (1) with re-
spect to a covered program specified in subpara-
graph (B) or (C) of subsection (c)(2), the Secretary 
shall develop strategies for mitigating the risks of 
supply chain vulnerabilities identified in the course 
of such evaluation. 
(b) PRIORITIZATION
OF CERTAIN SUPPLY CHAIN 
RISK MANAGEMENT EFFORTS.— 
(1) INSTRUCTIONS.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall issue a Department of Defense Instruc-
tion, or update such an Instruction, establishing the 
prioritization of supply chain risk management pro-
grams, including supply chain risk management 
threat assessment reporting, to ensure that acquisi-
tion and sustainment programs relating to covered 
programs receive the highest priority of such supply 
chain risk management programs and reporting. 
(2) REQUIREMENTS.— 
(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish requirements to carry out supply 
chain risk management threat assessment col-
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lections and analyses under acquisition and 
sustainment programs relating to covered pro-
grams. 
(B) SUBMISSION.—Not later than 120 
days after the date of the enactment of this 
Act, the Secretary shall submit to the appro-
priate congressional committees the require-
ments established under subparagraph (A). 
(c) 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 ‘‘covered programs’’ means pro-
grams relating to any of the following: 
(A) Nuclear weapons. 
(B) Nuclear command, control, and com-
munications. 
(C) Continuity of government. 
(D) Ballistic missile defense. 
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SEC. 1668. LIMITATION ON PURSUIT OF CERTAIN COM-
MAND AND CONTROL CONCEPT. 
(a) LIMITATION ON COMMAND AND CONTROL CON-
CEPT.—The Secretary of the Air Force may not award 
a contract for engineering and manufacturing development 
for the ground-based strategic deterrent program that 
would result in a command and control concept for such 
program that consists of less than 15 fixed launch control 
centers per missile wing unless the Commander of the 
United States Strategic Command— 
(1) determines that— 
(A) the plans of the Secretary for a com-
mand and control concept consisting of less 
than 15 fixed launch control centers per missile 
wing are appropriate, meet requirements, and 
do not contain excessive risk; 
(B) the risks to schedules and costs from 
such concept are minimized and manageable; 
(C) the strategy and plan of the Secretary 
for addressing cyber threats for such concept 
are robust; and 
(D) with respect to such concept, the Sec-
retary has established an appropriate process 
for considering and managing trade-offs among 
requirements relating to survivability, long-term 
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operations and sustainment costs, procurement 
costs, and military personnel needs; and 
(2) submits, in writing, to the Secretary and 
the congressional defense committees such deter-
mination. 
(b) INABILITY TO MAKE DETERMINATION.—If the 
Secretary proposes to award a contract specified in sub-
section (a) and the Commander is unable to make the de-
termination under such subsection, the Commander shall 
submit, in writing, to the Secretary and the congressional 
defense committees the reasons for not making such deter-
mination. 
(c) NO EFFECT ON COMPETITION.—Nothing in sub-
section (a) or (b) shall be construed to affect or prohibit 
the ability of the Secretary to use fair and open competi-
tion procedures in soliciting, evaluating, and awarding 
contracts for the ground-based strategic deterrent pro-
gram. 
SEC. 
1669. 
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 2018 
by section 101 and available for Missile Procurement, Air 
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Force, as specified in the funding table in division D, 
$6,334,000 shall be available for the procurement of cov-
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. 1670. SENSE OF CONGRESS ON IMPORTANCE OF INDE-
PENDENT NUCLEAR DETERRENT OF UNITED 
KINGDOM. 
It is the sense of Congress that— 
(1) nuclear deterrence is foundational to the de-
fense and security of the United States and the se-
curity of the United States is enhanced by a nuclear- 
armed ally with common values and security prior-
ities; 
(2) the United States sees the nuclear deterrent 
of the United Kingdom as central to transatlantic 
security and welcomes the commitment of the 
United Kingdom to the North Atlantic Treaty Orga-
nization (NATO) to continue to spend two percent 
of gross domestic product on defense; 
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(3) in the face of increasing threats, the pres-
ence of credible nuclear deterrent forces of the 
United Kingdom is essential to international sta-
bility and for NATO; 
(4) the commitment of the United Kingdom to 
sustaining an independent nuclear deterrent, de-
ployed continuously at sea, provides a vital second 
decision-making point within the deterrent capability 
of NATO, creating essential uncertainty in the mind 
of any potential adversary; 
(5) the United States Navy must continue to 
execute the Columbia-class submarine program on 
time and within budget to ensure that the sea-based 
leg of the nuclear triad of the United States is sus-
tained and the program delivers a Common Missile 
Compartment, the Trident II (D5) Strategic Weap-
on System, and associated equipment and produc-
tion capabilities, to support the successful develop-
ment and deployment of the Dreadnought sub-
marines of the United Kingdom; 
(6) the support that the United Kingdom pro-
vides to deployments of strategic ships and aircraft 
of the United States at specialized facilities enables 
a vital part of the deterrence posture of the United 
States as well as mutual deterrence of adversaries 
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and assurance to the allies and partners of the 
United States; and 
(7) the collaboration of the United Kingdom 
with the United States on the military use of atomic 
energy ensures a peer in the technology and science 
of nuclear weapons and provides independent expert 
peer review of the nuclear programs of the United 
States, ensuring resilience, and cost effectiveness to 
the nuclear defense programs of both nations. 
SEC. 1671. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
MOBILE VARIANT OF GROUND-BASED STRA-
TEGIC DETERRENT MISSILE. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for any of fiscal years 2017 through 2019 may be obli-
gated or expended to retain the option for, or develop, a 
mobile variant of the ground-based strategic deterrent 
missile. 
(b) CONFORMING REPEAL.—Section 1664 of the Na-
tional Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 130 Stat. 2615) is repealed. 
SEC. 1672. REPORT ON IMPACTS OF NUCLEAR PROLIFERA-
TION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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(1) nuclear proliferation continues to be a seri-
ous threat to the security of the United States; 
(2) it is critical for the United States to under-
stand the impacts of nuclear proliferation and en-
sure the necessary policies and resources are in place 
to prevent the proliferation of nuclear materials and 
weapons; 
(3) effectively addressing the danger of states 
and non-state actors acquiring nuclear weapons or 
nuclear-weapons-usable material should be a clear 
priority for United States national security; and 
(4) Secretary of Defense James Mattis testified 
before Congress on June 12, 2017, that ‘‘nuclear 
nonproliferation has not received enough attention 
over quite a few years’’. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port containing— 
(1) a description of the impacts of nuclear pro-
liferation on the security of the United States; 
(2) a description of how the Department of De-
fense is contributing to the current strategy to re-
spond to the threat of nuclear proliferation, and 
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what resources are being applied to this effort, in-
cluding whether there are any funding gaps; and 
(3) if and how nuclear proliferation is being ad-
dressed in the Nuclear Posture Review and other 
pertinent strategy reviews. 
SEC. 1673. MODIFICATION TO ANNUAL REPORT ON PLAN 
FOR THE NUCLEAR WEAPONS STOCKPILE, 
NUCLEAR 
WEAPONS 
COMPLEX, 
NUCLEAR 
WEAPONS 
DELIVERY 
SYSTEMS, 
AND 
NU-
CLEAR WEAPONS COMMAND AND CONTROL 
SYSTEM. 
Subsection (a)(2)(F) of section 1043 of the National 
Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1576), as most recently amended 
by section 1643 of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal 
Year 2015 (Public Law 113–291; 128 Stat. 3650), is fur-
ther amended by inserting after the period at the end the 
following: ‘‘The Secretary may include information and 
data for a period beyond such 10-year period if the Sec-
retary determines that such information and data is accu-
rate and useful in understanding the long-term nuclear 
modernization plan.’’. 
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SEC. 1674. PROHIBITION ON REDUCTION OF THE INTER-
CONTINENTAL BALLISTIC MISSILES OF THE 
UNITED STATES. 
(a) PROHIBITION.—Except as provided by subsection 
(b), none of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2018 
for the Department of Defense shall be obligated or ex-
pended for— 
(1) reducing, or preparing to reduce, the re-
sponsiveness or alert level of the intercontinental 
ballistic missiles of the United States; or 
(2) reducing, or preparing to reduce, the quan-
tity of deployed intercontinental ballistic missiles of 
the United States to a number less than 400. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any of the following activities: 
(1) The maintenance or sustainment of inter-
continental ballistic missiles. 
(2) Ensuring the safety, security, or reliability 
of intercontinental ballistic missiles. 
(3) Reduction in the number of deployed inter-
continental ballistic missiles that are carried out in 
compliance with— 
(A) the limitations of the New START 
Treaty (as defined in section 494(a)(2)(D) of 
title 10, United States Code); and 
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(B) section 1644 of the Carl Levin an 
Howard P. ‘‘Buck’’ McKeon National Defense 
Authorization Act for Fiscal Year 2015 (Public 
Law 113–291; 128 Stat. 3651; 10 U.S.C. 494 
note). 
Subtitle F—Missile Defense 
Programs 
SEC. 1681. ADMINISTRATION OF MISSILE DEFENSE AND DE-
FEAT PROGRAMS. 
(a) MAJOR FORCE PROGRAM.— 
(1) IN GENERAL.—Chapter 9 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 239a. Missile defense and defeat programs: major 
force program and budget assessment 
‘‘(a) ESTABLISHMENT
OF
MAJOR
FORCE
PRO-
GRAM.—The Secretary of Defense shall establish a unified 
major force program for missile defense and defeat pro-
grams pursuant to section 222(b) of this title to prioritize 
missile defense and defeat programs in accordance with 
the requirements of the Department of Defense and na-
tional security. 
‘‘(b) BUDGET ASSESSMENT.—(1) The Secretary shall 
include with the defense budget materials for each of fiscal 
years 2019 through 2023 a report on the budget for mis-
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sile defense and defeat programs of the Department of De-
fense. 
‘‘(2) Each report on the budget for missile defense 
and defeat programs of the Department under paragraph 
(1) shall include the following: 
‘‘(A) An overview of the budget, including— 
‘‘(i) a comparison between that budget, the 
previous budget, the most recent and prior fu-
ture-years defense program submitted to Con-
gress under section 221 of this title (such com-
parison shall exclude the responsibility for re-
search and development of the continuing im-
provement of such missile defense and defeat 
program), and the amounts appropriated for 
such missile defense and defeat programs dur-
ing the previous fiscal year; and 
‘‘(ii) the specific identification, as a budg-
etary line item, for the funding under such pro-
grams. 
‘‘(B) An assessment of the budget, including 
significant changes, priorities, challenges, and risks. 
‘‘(C) Any additional matters the Secretary de-
termines appropriate. 
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‘‘(3) Each report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified 
annex. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31. 
‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in 
support of the budget for that fiscal year. 
‘‘(3) The term ‘missile defense and defeat pro-
grams’ means active and passive ballistic missile de-
fense programs, cruise missile defense programs for 
the homeland, and missile defeat programs.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 239 
the following new item: 
‘‘239a. Missile defense and defeat programs: major force program and budget 
assessment.’’. 
(b) TRANSITION OF BALLISTIC MISSILE DEFENSE 
PROGRAMS TO MILITARY DEPARTMENTS.— 
(1) REQUIREMENT.—Not later than the date on 
which the budget of the President for fiscal year 
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2020 is submitted under section 1105 of title 31, 
United States Code, the Secretary of Defense shall 
transfer the acquisition authority and the total 
obligational authority for each missile defense pro-
gram described in paragraph (2) from the Missile 
Defense Agency to a military department. 
(2) MISSILE DEFENSE PROGRAM DESCRIBED.— 
A missile defense program described in this para-
graph is a missile defense program of the Missile 
Defense Agency that, as of the date specified in 
paragraph (1), has received Milestone C approval (as 
defined in section 2366 of title 10, United States 
Code). 
(3) REPORT.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the con-
gressional defense committees a report on the 
plans of the Department of Defense for the 
transition of missile defense programs from the 
Missile Defense Agency to the military depart-
ments pursuant to paragraph (1). 
(B) SCOPE.—The report under subpara-
graph (A) shall cover the period covered by the 
future-years defense program that is submitted 
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under section 221 of title 10, United States 
Code, in the year in which such report is sub-
mitted. 
(C) MATTERS
INCLUDED.—The report 
under subparagraph (A) shall include the fol-
lowing: 
(i) An identification of— 
(I) the missile defense programs 
planned to be transitioned from the 
Missile Defense Agency to the military 
departments; and 
(II) the missile defense pro-
grams, if any, not planned for transi-
tion to the military departments. 
(ii) The schedule for transition of 
each missile defense program planned to be 
transitioned to a military department, and 
an explanation of such schedule. 
(iii) A description of— 
(I) the status of the plans of the 
Missile Defense Agency and the mili-
tary departments for the transition of 
missile defense programs from that 
agency to the military departments; 
and 
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missile defense program to be transitioned 
to a military department, and the schedule 
for procurement of each such system. 
(vii) A description of how the Missile 
Defense Agency will continue the responsi-
bility for the research and development of 
improvements to missile defense programs. 
(c) ROLE OF MISSILE DEFENSE AGENCY.— 
(1) IN GENERAL.—Chapter 8 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 205. Missile Defense Agency 
‘‘(a) TERM OF DIRECTOR.—The Director of the Mis-
sile Defense Agency shall be appointed for a six-year term. 
‘‘(b) REPORTING.—The Missile Defense Agency shall 
be under the authority, direction, and control of the Under 
Secretary of Defense for Research and Engineering.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter II of such chap-
ter is amended by adding at the end the following 
new item: 
‘‘205. Missile Defense Agency.’’. 
(3) APPLICATION.— 
(A) TERMS.—Subsection (a) of section 205 
of title 10, United States Code, as added by 
paragraph (1), shall apply the day following the 
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date on which the present incumbent in the of-
fice of the Director of the Missile Defense 
Agency, as of the date of the enactment of this 
Act, ceases to serve as such. 
(B) REPORTING.—Subsection (b) of such 
section 205 shall apply beginning on February 
1, 2018. In carrying out such subsection, the 
Missile Defense Agency shall be under the au-
thority, direction, and control of the Under Sec-
retary of Defense for Research and Engineering 
in the same manner as the Missile Defense 
Agency was under the authority, direction, and 
control of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics pursuant 
to Department of Defense Directive 5134.09. 
Any reference in such Instruction to the Under 
Secretary of Defense for Acquisition, Tech-
nology, and Logistics shall be deemed to be a 
reference to the Under Secretary of Defense for 
Research and Engineering, including with re-
spect to the Under Secretary serving as the 
chairman of the Missile Defense Executive 
Board. 
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SEC. 1682. PRESERVATION OF THE BALLISTIC MISSILE DE-
FENSE CAPACITY OF THE ARMY. 
(a) LIMITATION.—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 
Army may be obligated or expended to demilitarize any 
GEM–T interceptor or remove any such interceptor from 
the operational inventory of the Army until the date on 
which the Secretary of the Army submits to the congres-
sional defense committees the evaluation conducted under 
subsection (b). 
(b) EVALUATION.—The Secretary and the Chief of 
Staff of the Army shall jointly conduct an evaluation of 
the ability of the Army to meet warfighter requirements 
and operational needs if GEM–T interceptors are removed 
from the operational inventory of the Army. In conducting 
such evaluation, the Secretary and the Chief of Staff shall 
evaluate whether the Army can maintain an inventory of 
interceptors necessary to retain the capability provided by 
GEM–T interceptors and to meet such operational needs 
by either— 
(1) recertifying GEM–T interceptors (either 
with or without modification); or 
(2) developing, testing, and fielding a new low- 
cost interceptor that can be placed on the oper-
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ational inventory of the Army prior to the retirement 
of GEM-T interceptors. 
(c) EXCEPTION.—The limitation in subsection (a) 
shall not apply to activities that the Secretary determines 
are critical to the safety of GEM–T interceptors. 
(d) GEM–T INTERCEPTOR DEFINED.—In this sec-
tion, the term ‘‘GEM–T interceptor’’ means the Patriot 
guidance enhanced missile TBM. 
SEC. 1683. MODERNIZATION OF ARMY LOWER TIER AIR AND 
MISSILE DEFENSE SENSOR. 
(a) APPROVAL OF ACQUISITION STRATEGY.— 
(1) IN
GENERAL.—Not later than April 15, 
2018, the Secretary of the Army shall issue an ac-
quisition strategy for a 360-degree lower tier air and 
missile defense sensor that achieves initial operating 
capability by not later than January 1, 2022. 
(2) REQUIREMENTS.—The acquisition strategy 
under paragraph (1) shall— 
(A) ensure the use of competitive proce-
dures; 
(B) clearly describe the open-architecture 
design to be used; 
(C) provide a comprehensive fielding plan 
that provides 360-degree lower tier air and mis-
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sile defense sensor capability to all units of the 
Army by not later than January 1, 2026; 
(D) define the operation and sustainment 
cost savings of the acquisition strategy and 
other acquisition options of the Army; 
(E) identify any programmatic cost avoid-
ance that could be achieved through co-produc-
tion, co-development, or foreign military sales; 
(F) ensure the fielding of an interim gap- 
filler capability to the highest priority forces 
(consisting of not less than three battalions) for 
imminent threats; and 
(G) identify the estimated cost to field 
both the 360-degree lower tier air and missile 
defense sensor capability and the interim capa-
bility pursuant to subparagraph (E). 
(3) LIMITATION.—If the Secretary of the Army 
does not issue the acquisition strategy under sub-
section (a) by April 15, 2018, none of the funds au-
thorized to be appropriated by this Act or otherwise 
made available for fiscal year 2018 for the lower tier 
air and missile defense sensor of the Army that are 
unobligated as of such date may be obligated or ex-
pended. 
(b) CONDITIONAL TRANSFER.— 
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(1) MDA.—If the Secretary of the Army does 
not issue the acquisition strategy under subsection 
(a) by April 15, 2018, the Secretary of Defense shall 
transfer from the Secretary of the Army to the Di-
rector of the Missile Defense Agency— 
(A) the responsibility to issue the acquisi-
tion strategy described in subsection (a) by not 
later than December 15, 2018; and 
(B) beginning on the date of such ap-
proval, the responsibility to implement such ac-
quisition strategy to procure a 360-degree lower 
tier air and missile defense sensor. 
(2) ARMY.—If the Secretary of Defense carries 
out the transfer under paragraph (1), after the 360- 
degree lower tier air and missile defense sensor 
achieves Milestone B approval (or equivalent), but 
before such sensor achieves Milestone C approval (or 
equivalent), the Secretary of Defense shall transfer 
from the Director of the Missile Defense Agency to 
the Secretary of the Army the responsibility to pro-
cure such sensor. 
(c) DEFINITIONS.—The terms ‘‘Milestone B ap-
proval’’ and ‘‘Milestone C approval’’ have the meanings 
given those terms in section 2366 of title 10, United 
States Code. 
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SEC. 1684. ENHANCEMENT OF OPERATIONAL TEST AND 
EVALUATION 
OF 
BALLISTIC 
MISSILE 
DE-
FENSE SYSTEM. 
(a) INTEGRATION OF PATRIOT MISSILES INTO INTE-
GRATED MASTER TEST PLAN.—Not later than 90 days 
after the date of the enactment of this Act, the Director 
of the Missile Defense Agency, the Director of Operational 
Test and Evaluation, the Secretary of the Army, and the 
Secretary of the Navy shall jointly ensure that— 
(1) the test plans of the Integrated Master Test 
Plan of the ballistic missile defense system include 
planned tests activity of the lower tier ballistic mis-
sile defenses of the Army; 
(2) such plans prioritize the integration of such 
defenses with elements of the ballistic missile de-
fense system; and 
(3) such plans are clearly described in such In-
tegrated Master Test Plan. 
(b) NORMALIZING OPERATIONAL TEST AND EVALUA-
TION.— 
(1) CONDITION
FOR
PROCEEDING
BEYOND 
LOW-RATE
INITIAL
PRODUCTION.—Section 
2399(a)(1) of title 10, United States Code, is 
amended by striking ‘‘or a covered designated major 
subprogram’’ and inserting ‘‘a covered designated 
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major subprogram, or an element of the ballistic 
missile defense system’’. 
(2) CONFORMING
REPEAL.—Section 1662 of 
the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na-
tional Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 10 U.S.C. 2431 note) 
is repealed. 
SEC. 1685. DEFENSE OF HAWAII FROM NORTH KOREAN 
BALLISTIC MISSILE ATTACK. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) The North Korean ballistic missile 
threat to the United States, including Hawaii, 
is growing rapidly. 
(B) Since Kim Jong-un took power in 
2012, North Korea has conducted 78 ballistic 
missile tests, of which 61 are considered to have 
been successful. 
(C) The existing ballistic missile defense 
protection for Hawaii, including the ground- 
based midcourse defense system in Alaska, and 
the sea-based x-band radar, provide limited bal-
listic missile defense capabilities today. 
(D) Through use of existing ballistic mis-
sile defense assets, including AN/TPY–2 radars 
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and the Aegis Ashore Site located on the Pa-
cific Missile Range Facility, the ballistic missile 
defense of Hawaii could benefit from a near- 
term improvement by adding a layer of defense. 
(E) The proposed program of record for a 
medium range discriminating radar to be fully 
mission capable after 2023 would leave the de-
fense of Hawaii dependent only on the ground- 
based midcourse defense system in Alaska, and 
the sea-based x-band radar until that time, 
while the threat to the United States, including 
Hawaii, from North Korean ballistic missiles 
continues to grow. 
(F) The National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114– 
328) required that the Missile Defense Agency 
plan to provide additional ballistic missile de-
fense sensor coverage for the defense of Hawaii 
and ‘‘field such radar or equivalent sensor by 
not later than December 31, 2021’’. 
(G) When asked at a hearing of the Com-
mittee on Armed Services of the House of Rep-
resentatives on April 26, 2017, about the threat 
to Hawaii from North Korean ballistic missiles, 
the Commander of the United States Pacific 
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Command, Admiral Harry Harris, testified that 
‘‘Kim Jong-un is clearly in a position to threat-
en Hawaii today. . .I believe that our ballistic 
missile (defense) architecture is sufficient to 
protect Hawaii today. But it can be over-
whelmed’’ and ‘‘I think that we would be better 
served, my personal opinion, is that we would 
be better served with a defensive Hawaii radar 
and interceptors in Hawaii. I know that is 
being discussed’’. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that Congress supports assessing the feasi-
bility of improving the missile defense of Hawaii 
from the evolving ballistic missile threat, including 
from North Korea, through a permanent missile de-
fense sensor capability and the possible introduction 
of interim missile defense coverage. 
(b) SEQUENCED APPROACH.—The Secretary of De-
fense shall protect the test and training operations of the 
Pacific Missile Range Facility, and assess the siting and 
functionality of a discrimination radar for homeland de-
fense throughout the Hawaiian Islands before assessing 
the feasibility of improving the missile defense of Hawaii 
by using existing missile defense assets that could materi-
ally improve the defense of Hawaii. 
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(c) TEST.—The Director of the Missile Defense 
Agency shall— 
(1) not later than 270 days after the date of 
the enactment of this Act, conduct a test to evaluate 
and demonstrate, if technologically feasible, the ca-
pability to defeat a simple intercontinental ballistic 
missile threat using the standard missile 3 block IIA 
missile interceptor; and 
(2) as part of the integrated master test plan 
for the ballistic missile defense system, develop a 
plan to demonstrate a capability to defeat a complex 
intercontinental ballistic missile threat, including a 
complex threat posed by the intercontinental ballistic 
missiles of North Korea. 
(d) REPORT.—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 re-
port— 
(1) that indicates whether demonstrating an 
intercontinental ballistic missile defense capability 
against North Korean ballistic missiles by the stand-
ard missile 3 block IIA missile interceptor poses any 
risks to strategic stability; and 
(2) if the Secretary determines under para-
graph (1) that such demonstration poses such risks 
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to strategic stability, a description of the plan devel-
oped and implemented by the Secretary to address 
and mitigate such risks, as determined appropriate 
by the Secretary. 
SEC. 1686. AEGIS ASHORE ANTI-AIR WARFARE CAPABILITY. 
(a) AUTHORIZATION.—Using funds authorized to be 
appropriated by sections 101 and 201 of this Act or other-
wise made available for fiscal year 2018 for procurement 
and research, development, test, and evaluation, as speci-
fied in the funding tables in division D, the Secretary of 
Defense shall continue the development, procurement, and 
deployment of anti-air warfare capabilities at each Aegis 
Ashore site in Romania and Poland. The Secretary shall 
ensure the deployment of such capabilities— 
(1) at such sites in Romania by not later than 
one year after the date of the enactment of this Act; 
and 
(2) at such sites in Poland by not later than 
one year after the declaration of operational status 
for such sites. 
(b) REPROGRAMMING
AND TRANSFERS.—Any re-
programming or transfer made to carry out subsection (a) 
shall be carried out in accordance with established proce-
dures for reprogramming or transfers. 
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SEC. 1687. IRON DOME SHORT-RANGE ROCKET DEFENSE 
SYSTEM, ISRAELI COOPERATIVE MISSILE DE-
FENSE PROGRAM CODEVELOPMENT AND CO-
PRODUCTION, AND ARROW 3 TESTING. 
(a) IRON DOME SHORT-RANGE ROCKET DEFENSE 
SYSTEM.— 
(1) AVAILABILITY
OF
FUNDS.—Of the funds 
authorized to be appropriated by this Act or other-
wise made available for fiscal year 2018 for procure-
ment, Defense-wide, and available for the Missile 
Defense Agency, not more than $92,000,000 may be 
provided to the Government of Israel to procure sys-
tem components for the Iron Dome Defense short- 
range rocket defense program, through the co-
production of such system components 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-
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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 
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 amended bi-
lateral international agreement specified in 
subparagraph (A) is being implemented as 
provided in such agreement; and 
(ii) an assessment detailing any risks 
relating to the implementation of such 
agreement. 
(b) ISRAELI COOPERATIVE MISSILE DEFENSE PRO-
GRAM CODEVELOPMENT AND COPRODUCTION.— 
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(1) IN GENERAL.—Subject to paragraph (2), of 
the funds authorized to be appropriated for fiscal 
year 2018 for procurement, Defense-wide, and avail-
able for the Missile Defense Agency— 
(A) not more than $221,500,000 may be 
provided to the Government of Israel for the 
David’s Sling Weapon System Program, of 
which not more than $120,000,000 may be 
used to procure the David’s Sling Weapon Sys-
tem, including for coproduction of parts and 
components in the United States by United 
States industry; and 
(B) not more than $287,300,000 may be 
provided to the Government of Israel for the 
Arrow Weapon System, including the Arrow 3 
Upper Tier System, of which not more than 
$120,000,000 may be used to procure the 
Arrow 3 Upper Tier Interceptor System, includ-
ing for coproduction of parts and components 
in the United States by United States industry. 
(2) CERTIFICATION.— 
(A) CRITERIA.—Except as provided by 
paragraph (3), the Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall 
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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-
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 
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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 
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 Upper 
Tier Interceptor Program and the David’s 
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Sling Weapon System is not less than 50 
percent; and 
(v) there is a separate, clear plan for 
each of the David’s Sling Weapon System 
and the Arrow 3 Upper Tier Interceptor 
Program for improving the affordability of 
the respective system, and each such plan 
is approved by a United States-Israeli joint 
working group on cost-reduction for such 
respective system. 
(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 re-
spective system. 
(C) TIMING.—The Under Secretary shall 
submit to the congressional defense committees 
the certification under subparagraph (A) by not 
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. 
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(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 and critical hardware in 
accordance with a production plan, including a 
funding profile detailing Israeli contributions 
for production, including long-lead production, 
of either David’s Sling Weapon System or the 
Arrow 3 Upper Tier Interceptor 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-
tion in the United States without incurring 
nonrecurring engineering activity or cost other 
than such activity or cost required for suppliers 
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of the United States to start or restart produc-
tion in the United States. 
(4) BRIEFING.—Not later than 30 days after 
the date on which both plans described in paragraph 
(2)(A)(v) are completed, the Under Secretary shall 
provide to the appropriate congressional committees 
a joint briefing on such plans. 
(c) LIMITATION ON AVAILABILITY OF FUNDING FOR 
CERTAIN ARROW 3 TESTING.—Of the funds authorized 
to be appropriated by this Act or otherwise made available 
for fiscal year 2018 for the Missile Defense Agency, not 
more than $105,000,000 may be obligated or expended 
for— 
(1) testing of the Arrow 3 Upper Tier Develop-
ment Program that is carried out at ranges located 
in the United States; and 
(2) expenses relating to such testing that the 
Director determines to be required and appropriate. 
(d) CROSS REFERENCE.—The amounts and purposes 
referred to in this section correspond to amounts specified 
for such purposes in the funding tables in division D. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional defense committees. 
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(2) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate. 
SEC. 1688. REVIEW OF PROPOSED GROUND-BASED MID-
COURSE DEFENSE SYSTEM CONTRACT. 
(a) LIMITATION
ON CHANGES
TO CONTRACTING 
STRATEGY.—The Director of the Missile Defense Agency 
may not change the contracting strategy for the systems 
integration, operations, and test of the ground-based mid-
course defense system until the date on which— 
(1) the report under subsection (b)(3) is sub-
mitted to the congressional defense committees; and 
(2) a period of 30 days has elapsed following 
the date of such submission. 
(b) REVIEW.— 
(1) IN GENERAL.—The Director of Cost Assess-
ment and Program Evaluation shall conduct a re-
view of the contract for the systems integration, op-
erations, and test of the ground-based midcourse de-
fense system. Such review shall include the fol-
lowing: 
(A) Contract performance of current in-
dustry-led prime contract approach, including 
with respect to— 
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(i) system readiness performance and 
reliability growth; 
(ii) 
development, 
integration, 
and 
fielding of new homeland defense capabili-
ties; and 
(iii) cost performance against baseline 
contract. 
(B) With respect to alternate contracting 
approaches— 
(i) an enumeration and detailing of 
any specific benefits for each such alter-
nate approach; 
(ii) an identification of specific costs 
to switching to each such alternate ap-
proach; and 
(iii) detailing of the specific risks of 
each such alternate approach to homeland 
defense, 
including 
regarding 
schedule, 
costs, and the sustainment, maintenance, 
development, and fielding, of integrated ca-
pabilities. 
(C) With respect to contracting approaches 
that transition to Federal Government-led sys-
tems engineering integration and test— 
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(i) an enumeration of the processes, 
procedures, and command media that have 
been established by the Missile Defense 
Agency and proven to be effective for the 
execution of programs that are of the scale 
of the ground-based midcourse defense sys-
tem; and 
(ii) the manner in which a new con-
tract will control for growth in the per-
sonnel and support contracts of the Fed-
eral Government to support cost growth 
and minimize the risk of schedule delay. 
(D) A baseline for historical and current 
staffing of the ground-based midcourse defense 
system program, specifically with respect to 
personnel of the Federal Government, personnel 
of federally funded research and development 
centers, personnel of departments and agencies 
of the Federal Government, and support con-
tractors. 
(E) Projections of the staffing categories 
specified in subparagraph (D) under a new con-
tracting strategy and how such staffing cat-
egories will be limited to prevent significant 
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cost growth and to minimize the risk of sched-
ule delays. 
(F) The views and recommendations of the 
Director for any changes the current ground- 
based midcourse defense system contract or a 
new contract, including the proposed con-
tracting strategy of the Missile Defense Agency. 
(G) Any other such matters the Director 
determines appropriate. 
(2) TRANSMISSION.—The Director of Cost As-
sessment and Program Evaluation shall transmit to 
the Under Secretary of Defense for Research and 
Engineering and the Missile Defense Executive 
Board the review under paragraph (1). 
(3) REPORT.—Not later than 30 days after the 
date on which the Under Secretary and the Missile 
Defense Executive Board receive the review under 
paragraph (1), the Under Secretary and Board shall 
jointly submit to the congressional defense commit-
tees a report containing— 
(A) the review, without change; and 
(B) any views and recommendations of the 
Under Secretary and the Board on such review. 
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SEC. 1689. SENSE OF CONGRESS AND PLAN FOR DEVELOP-
MENT OF SPACE-BASED SENSOR LAYER FOR 
BALLISTIC MISSILE DEFENSE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the defense of the homeland, the deployed 
members of the Armed Forces, and the allies of the 
United States against the threat of attack by bal-
listic and hypersonic missiles is the highest priority 
of the Missile Defense Agency; 
(2) the Missile Defense Agency, and the De-
fense Agencies and combat support agencies, must 
prioritize the design, development, and deployment 
of the space-based missile defense sensor layer; 
(3) a space-based missile defense sensor layer is 
essential for the future of the missile defense of the 
homeland, the deployed members of the Armed 
Forces, and the allies of the United States; and 
(4) such a space-based layer can, and should, 
benefit a multitude of other important defense and 
intelligence requirements, including targeting and 
space situational awareness. 
(b) DEVELOPMENT.—After the date on which the Di-
rector of the Missile Defense Agency submits the plan 
under subsection (c), the Director, in coordination with 
the Secretary of the Air Force and the heads of the De-
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fense Agencies and combat support agencies that the Di-
rector determines appropriate, shall develop a space-based 
ballistic missile defense sensor layer that— 
(1) provides missile defense engagement quality 
precision tracking data of the United States begin-
ning in the boost phase and continuing throughout 
subsequent flight regimes; and 
(2) serves other defense and intelligence re-
quirements for intelligence, surveillance, and recon-
naissance, including targeting and space situational 
awareness; and 
(3) achieves an operational prototype payload at 
the earliest practicable date. 
(c) SPACE-BASED MISSILE DEFENSE SENSOR LAYER 
PLAN.—Not later than one year after the date of the en-
actment of this Act, the Director shall submit to the ap-
propriate congressional committees a plan that includes— 
(1) how the Director will carry out subsection 
(b), including with respect to the estimated costs— 
(A) for the operational prototype payload 
specified in paragraph (3) of such subsection; 
and 
(B) to develop, acquire, and deploy, and 
the lifecycle costs to operate and sustain, a 
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space-based sensor layer and support systems 
to provide global missile defense coverage; 
(2) an assessment of the maturity of critical 
technologies necessary to make operational such a 
space-based sensor layer, and recommendations for 
any research and development activities to rapidly 
mature such technologies; 
(3) an assessment of what capabilities such a 
space-based sensor layer can contribute that other 
sensor layers do not contribute; 
(4) how the Director will leverage the use of na-
tional technical means, commercially available space 
and terrestrial capabilities, hosted payloads, small 
satellites, and other capabilities to carry out sub-
section (b); and 
(5) any other matters the Director determines 
appropriate. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Select Committee on Intelligence 
of the Senate and the Permanent Select Com-
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mittee on Intelligence of the House of Rep-
resentatives. 
(2) The term ‘‘combat support agency’’ has the 
meaning given that term in section 193(f) of title 
10, United States Code. 
(3) The term ‘‘Defense Agency’’ has the mean-
ing given that term in section 101(a)(11) of title 10, 
United States Code. 
SEC. 1690. SENSE OF CONGRESS AND PLAN FOR DEVELOP-
MENT OF SPACE-BASED BALLISTIC MISSILE 
INTERCEPT LAYER. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) a space-based missile defense layer will ex-
ploit the natural advantages of space systems and 
integrate them into the ballistic missile defense sys-
tem; and 
(2) these advantages include— 
(A) a 24/7 global presence to defend 
against asymmetric threats; 
(B) access to geographically denied areas; 
(C) an ability to close a global fire control 
loop for such system; 
(D) complementing existing terrestrial ca-
pabilities; and 
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(E) increasing the overall survivability and 
resilience of the entire national missile defense 
system. 
(b) DEVELOPMENT.—The Director of the Missile De-
fense Agency shall develop a space-based ballistic missile 
intercept layer to the ballistic missile defense system that 
is— 
(1) regionally focused; 
(2) capable of providing boost-phase defense; 
and 
(3) achieves an operational capability at the 
earliest practicable date. 
(c) SPACE-BASED BALLISTIC MISSILE INTERCEPT 
LAYER PLAN.—Not later than one year after the date of 
the enactment of this Act, the Director shall submit to 
the appropriate congressional committees a plan to carry 
out subsection (b) during the five-year period following the 
date of the plan. Such plan shall include the following: 
(1) A concept definition phase consisting of 
multiple awarded contracts to identify feasible solu-
tions consistent with architectural principles, per-
formance goals, and price points established by the 
Director, such as contracts relating to— 
(A) refined requirements; 
(B) conceptual designs; 
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(C) technology readiness assessments; 
(D) critical technical and operational 
issues; 
(E) cost, schedule, performance estimates; 
and 
(F) risk reduction plans. 
(2) A technology risk reduction phase consisting 
of up to three competitively awarded contracts fo-
cused on maturing, integrating, and characterizing 
key technologies, algorithms, components, and sub- 
systems, such as contracts relating to— 
(A) refined concepts and designs; 
(B) engineering trade studies; 
(C) medium-to-high fidelity digital rep-
resentations of the space-based ballistic missile 
intercept weapon system; and 
(D) a proposed integration and test se-
quence that could potentially lead to a live-fire 
boost phase intercept during fiscal year 2022. 
(3) During the technology risk reduction phase, 
contractors will define proposed demonstrations to a 
preliminary design review level prior to a technology 
development phase down-select. 
(4) A technology development phase consisting 
of two competitively awarded contracts to mature 
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the preferred space-based ballistic missile intercept 
weapon system concepts and to potentially conduct 
a live-fire boost phase intercept fly-off during fiscal 
year 2022 with brassboard hardware and prototype 
software on a path to the operational goal. 
(5) A concurrent space-based ballistic missile 
intercept weapon system fire control test bed activity 
that incrementally incorporates modeling and sim-
ulation elements, real-world data, hardware, algo-
rithms, and systems to evaluate with increasing con-
fidence the performance of evolving designs and con-
cepts of such weapon system from target detection 
to intercept. 
(6) Any other matters the Director determines 
appropriate. 
(d) ESTABLISHMENT OF SPACE TEST BED.—In car-
rying out subsection (b), the Director of the Missile De-
fense Agency shall establish a space test bed to— 
(1) conduct research and development regard-
ing options for a space-based defensive layer, includ-
ing with respect to space-based interceptors and di-
rected energy platforms; and 
(2) identify the most cost-efficient and prom-
ising technological solutions to implementing such 
layer. 
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(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on In-
telligence of the House of Representatives. 
SEC. 1691. LIMITATION ON AVAILABILITY OF FUNDS FOR 
GROUND-BASED MIDCOURSE DEFENSE ELE-
MENT OF THE BALLISTIC MISSILE DEFENSE 
SYSTEM. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2018 for 
the ground-based midcourse defense element of the bal-
listic missile defense system, $50,000,000 may not be obli-
gated or expended until the date on which the Secretary 
of Defense provides to the congressional defense commit-
tees— 
(1) a written certification that the risk of mis-
sion failure of ground-based midcourse interceptor 
enhanced kill vehicles due to foreign object debris 
has been minimized; or 
(2) if the certification under paragraph (1) can-
not be made, a briefing on the corrective measures 
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that will be carried out to minimize such risk, in-
cluding— 
(A) a timeline for the implementation of 
the measures; and 
(B) the estimated cost of implementing the 
measures. 
SEC. 1692. CONVENTIONAL PROMPT GLOBAL STRIKE WEAP-
ONS SYSTEM. 
(a) EARLY OPERATIONAL CAPABILITY.—The Sec-
retary of Defense, in coordination with the Chairman of 
the Joint Chiefs of Staff, shall plan to reach early oper-
ational capability for the conventional prompt strike weap-
on system by not later than September 30, 2022. 
(b) LIMITATION ON AVAILABILITY OF FUNDS.—Of 
the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2018 for research, 
development, test, and evaluation, Defense-wide, for the 
conventional prompt global strike weapons system, not 
more than 50 percent may be obligated or expended until 
the date on which the Chairman of the Joint Chiefs of 
Staff, in consultation with the Chief of Staff of the Army, 
the Commander of the United States European Command, 
the Commander of the United States Pacific Command, 
and the Commander of the United States Strategic Com-
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mand, submits to the congressional defense committees, 
a report on— 
(1) the required level of resources that is con-
sistent with the level of priority assigned to the asso-
ciated capability gap; 
(2) the estimated period for the delivery of a 
medium-range early operational capability, the re-
quired level of resources necessary to field a me-
dium-range conventional prompt global strike weap-
on within the United States (including the territories 
and possessions of the United States), and a detailed 
plan consistent with the urgency of the associated 
capability gap across multiple platforms; 
(3) the joint performance requirements that— 
(A) ensure interoperability, where appro-
priate, between and among joint military capa-
bilities; and 
(B) are necessary, as designated by the 
Chairman of the Joint Chiefs of Staff, to fulfill 
capability gaps of more than one military de-
partment, Defense Agency, or other element of 
the Department; and 
(4) in coordination with the Secretary of De-
fense, any plan (including policy options) considered 
appropriate to address any potential risks of ambi-
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guity from the launch or employment of such a ca-
pability. 
SEC. 1693. DETERMINATION OF LOCATION OF CONTI-
NENTAL UNITED STATES INTERCEPTOR SITE. 
(a) DETERMINATION.—Not later than 30 days after 
the date on which the Ballistic Missile Defense Review is 
issued, the Secretary of Defense shall determine the loca-
tion of a potential additional continental United States in-
terceptor site. In making such determination, the Sec-
retary shall consider the full spectrum of contributing fac-
tors, including with respect to each of the following: 
(1) Strategic and operational effectiveness, in-
cluding with respect to the location that is the most 
advantageous site to the continental United States, 
including by having the capability to provide shoot- 
assess-shoot coverage to the entire continental 
United States. 
(2) Existing infrastructure at the location. 
(3) Economic impacts. 
(4) Public support. 
(5) Cost to construct and operate. 
(b) REPORT.—Not later than 30 days after making 
the determination described in subsection (a), the Sec-
retary shall submit to the congressional defense commit-
tees a report detailing all of the contributing factors con-
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sidered by the Secretary in making such determination, 
including any other factors that the Secretary considered, 
including any relevant recommendations of the Ballistic 
Missile Defense Review. 
SEC. 1694. NORTH KOREAN NUCLEAR INTERCONTINENTAL 
BALLISTIC MISSILES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall provide to the con-
gressional defense committees a briefing on the hazards 
or risks posed directly or indirectly by the nuclear ambi-
tions of North Korea, focusing upon— 
(1) the development and deployment of inter-
continental ballistic missiles or nuclear weapons; 
(2) the consequences to the United States, the 
interests of the United States, and allies of the 
United States of North Korea’s nuclear and missile 
programs; 
(3) a plan to deter and defend against such 
threats from North Korea; 
(4) protecting vital interest and capabilities of 
the United States in space from such threats from 
North Korea; and 
(5) the potential damage or destruction caused 
by such missiles to satellites and space stations, in-
cluding magnetic fields such as the Van Allen belts. 
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SEC. 1694A. BOOST PHASE BALLISTIC MISSILE DEFENSE. 
(a) INITIAL OPERATIONAL DEPLOYMENT.—The Sec-
retary of Defense shall ensure that an effective interim 
kinetic or directed energy boost phase ballistic missile de-
fense capability is available for initial operational deploy-
ment not later than December 31, 2020. 
(b) PLAN.—Together with the budget of the Presi-
dent submitted to Congress under section 1105(a) of title 
31, United States Code, for fiscal year 2019, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a plan to achieve the requirement in subsection 
(a). Such plan shall include— 
(1) the budget requirements; 
(2) a robust test schedule; 
(3) a plan to develop an enduring boost phase 
ballistic missile defense capability, including cost and 
test schedule. 
Subtitle G—Other Matters 
SEC. 1695. PROTECTION OF CERTAIN FACILITIES AND AS-
SETS FROM UNMANNED AIRCRAFT. 
Subparagraph (C) of section 130i(e)(1) of title 10, 
United States Code, is amended to read as follows: 
‘‘(C)(i) relates to— 
‘‘(I) the nuclear deterrence 
mission of the Department of De-
fense, including with respect to 
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nuclear command and control, in-
tegrated tactical warning and at-
tack assessment, and continuity 
of government; 
‘‘(II) the missile defense 
mission of the Department; or 
‘‘(III) the national security 
space mission of the Department; 
or 
‘‘(ii) is part of a Major Range 
and Test Facility Base (as defined in 
section 196(i) of this title).’’. 
SEC. 1696. USE OF COMMERCIAL ITEMS IN DISTRIBUTED 
COMMON GROUND SYSTEMS. 
(a) IN GENERAL.—The procurement process for each 
covered Distributed Common Ground System shall be car-
ried out in accordance with section 2377 of title 10, 
United States Code. 
(b) CERTIFICATION.—Not later than 30 days after 
the date of the enactment of this Act, the Service Acquisi-
tion Executive responsible for each covered Distributed 
Common Ground System shall certify to the appropriate 
congressional committees that the procurement process for 
increments of the system procured after the date of the 
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enactment of this Act will be carried out in accordance 
with section 2377 of title 10, United States Code. 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES
DEFINED.—The term ‘‘appropriate congres-
sional committees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Select Committee on Intelligence 
of the Senate and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives. 
(2) COVERED DCGS SYSTEM.—The term ‘‘cov-
ered Distributed Common Ground System’’ includes 
the following: 
(A) The Distributed Common Ground Sys-
tem of the Army. 
(B) The Distributed Common Ground Sys-
tem of the Navy. 
(C) The Distributed Common Ground Sys-
tem of the Marine Corps. 
(D) The Distributed Common Ground Sys-
tem of the Air Force. 
(E) The Distributed Common Ground Sys-
tem of the Special Operations Forces. 
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SEC. 1697. INDEPENDENT ASSESSMENT OF COSTS RELAT-
ING TO AMMONIUM PERCHLORATE. 
(a) ASSESSMENT.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall seek to enter into a contract with a federally funded 
research and development center to conduct an assessment 
of the costs to the Department of Defense relating to con-
tractors and subcontractors of the Department using a 
new supplier of ammonium perchlorate for weapon sys-
tems. 
(b) ELEMENTS.—The assessment under subsection 
(a) shall include the following: 
(1) For each weapon system that must be re-
qualified by reason of the new supplier of ammo-
nium perchlorate as described in subsection (a), an 
estimate of the requalification costs. 
(2) The types and number of tests that are 
needed for any such requalification, including wheth-
er any currently planned tests, as of the date of the 
assessment, may be leveraged, or testing across pro-
grams may be used, to decrease requalification costs 
while retaining and ensuring qualification standards. 
(3) Estimates of any other costs relating to am-
monium perchlorate that the Secretary determines 
appropriate. 
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(c) SUBMISSION.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the congressional defense committees the assess-
ment under subsection (a), without change, together with 
any comments or views of the Secretary regarding the as-
sessment. 
SEC. 1698. LIMITATION AND BUSINESS CASE ANALYSIS RE-
GARDING AMMONIUM PERCHLORATE. 
(a) IN GENERAL.—The Secretary of Defense, acting 
through the Director of Cost Assessment and Program 
Evaluation, shall conduct a business case analysis regard-
ing the options of the Federal Government to ensure a 
robust domestic industrial base to supply ammonium per-
chlorate for use in solid rocket motors. Such analysis 
should include assessments of the near and long-term 
costs, program impacts, opportunities for competition, op-
portunities for redundant or complementary capabilities, 
and national security implications of— 
(1) continuing to rely on one domestic provider; 
(2) supporting development of a second domes-
tic source; 
(3) procuring ammonium perchlorate as Gov-
ernment-furnished material and providing it to all 
necessary programs; and 
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(4) such other options as the Secretary deter-
mines appropriate. 
(b) ELEMENTS.—The analysis under subsection (a) 
shall, at minimum, include— 
(1) an estimate of all associated costs, including 
development, procurement, and qualification costs, 
as applicable; 
(2) an assessment of options, under various sce-
narios, for the quantity of ammonium perchlorate 
that would be required by the Department of De-
fense; and 
(3) the assessment of the Secretary of how the 
requirements for ammonium perchlorate of other 
Federal agencies impact the requirements of the De-
partment of Defense. 
(c) REPORT.—The Secretary shall submit the busi-
ness case analysis required by subsection (a) to the Comp-
troller General of the United States and the Committees 
on Armed Services of the Senate and House of Represent-
atives by March 1, 2018, along with any views of the Sec-
retary. 
(d) REVIEW.—The Comptroller General of the United 
States shall conduct a review of the report submitted by 
the Secretary under subsection (c) and, not later than 30 
days after receiving such report, provide a briefing on such 
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review to the Committees on Armed Services of the Senate 
and House of Representatives. 
(e) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2018 for the Department of Defense may be 
obligated or expended for the development or construction 
of a new source for ammonium perchlorate until 45 days 
after the date on which the report under subsection (c) 
is submitted to the Comptroller General and the Commit-
tees on Armed Services of the Senate and House of Rep-
resentatives. 
(f) WAIVER.—The Secretary of Defense may waive 
the limitation under subsection (e) if the Secretary— 
(1) determines such waiver to be in the national 
security interest of the United States; and 
(2) submits written notification of such deter-
mination to the congressional defense committees 
and waits 15 days. 
SEC. 1699. INDUSTRIAL BASE FOR LARGE SOLID ROCKET 
MOTORS AND RELATED TECHNOLOGIES. 
(a) PLAN.—The Secretary of Defense, in consultation 
with the Administrator of the National Aeronautics and 
Space Administration, shall develop a plan to ensure a ro-
bust domestic industrial base for large solid rocket motors, 
including with respect to the critical technologies, sub-
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systems, components, and materials within and relating 
to such rocket motors. 
(b) SUSTAINMENT OF DOMESTIC SUPPLIERS.—The 
Secretary shall develop the plan under subsection (a) in 
a manner that, if carried out, sustains not less than two 
domestic suppliers for each of the following: 
(1) Large solid rocket motors. 
(2) Small liquid-fueled rocket engines. 
(3) Aeroshells for reentry vehicles (or reentry 
bodies). 
(4) Strategic radiation-hardened microelec-
tronics. 
(5) Any other critical technologies, subsystems, 
components, and materials within and relating to 
large solid rocket motors that the Secretary deter-
mines appropriate. 
(c) REPORT.— 
(1) SUBMISSION.—Not later than February 1, 
2018, the Secretary shall submit to the Committee 
on Armed Services and the Permanent Select Com-
mittee on Intelligence of the House of Representa-
tives and the Committee on Armed Services of the 
Senate a report that includes the plan under sub-
section (a). 
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(2) MATTERS INCLUDED.—With respect to the 
sustainment of domestic suppliers as described in 
subsection (b), the report under paragraph (1) shall 
include the views of the Secretary on the following: 
(A) Such sustainment of not less than two 
domestic suppliers for each item specified in 
paragraphs (1) through (5) of such subsection. 
(B) The risks within the industrial base 
for each such item. 
(C) 
The 
estimated 
costs 
for 
such 
sustainment. 
(D) The opportunities to ensure or pro-
mote competition within the industrial base for 
each such item. 
SEC. 1699A. PILOT PROGRAM ON ENHANCING INFORMA-
TION SHARING FOR SECURITY OF SUPPLY 
CHAIN. 
(a) ESTABLISHMENT.—Not later than June 1, 2019, 
the Secretary of Defense shall establish a pilot program 
to enhance information sharing with cleared defense con-
tractors to ensure all source information is appropriately, 
singularly, and exclusively shared for the purpose of ensur-
ing the security of the supply chain of covered programs. 
(b) SELECTION.—The Secretary shall select 10 acqui-
sition or sustainment programs of the Department of De-
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fense to participate in the pilot program under subsection 
(a), of which— 
(1) not fewer than one program shall be related 
to nuclear weapons; 
(2) not fewer than one program shall be related 
to nuclear command, control, and communications; 
(3) not fewer than one program shall be related 
to continuity of government; 
(4) not fewer than one program shall be related 
to ballistic missile defense; 
(5) not fewer than one program shall be related 
to other command and control systems; and 
(6) not fewer than one program shall be related 
to logistics. 
(c) REPORT.—Not later than March 1, 2018, the 
Secretary shall submit to the congressional defense com-
mittees a report that includes— 
(1) details on how the Secretary will establish 
the pilot program under subsection (a) to ensure all 
source information is appropriately, singularly, and 
exclusively shared for the purpose of ensuring the 
security of the supply chain of covered programs; 
and 
(2) the identification of any legislative action or 
administrative action required to provide the Sec-
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retary with specific additional authorities required to 
fully implement the pilot program. 
(d) CLEARED DEFENSE CONTRACTORS DEFINED.— 
In this section, the term ‘‘cleared defense contractors’’ 
means contractors of the Department of Defense who have 
a security clearance, including contractor facilities that 
have a security clearance. 
SEC. 1699B. COMMISSION TO ASSESS THE THREAT TO THE 
UNITED STATES FROM ELECTROMAGNETIC 
PULSE ATTACKS AND EVENTS. 
(a) ESTABLISHMENT.—There is hereby established a 
commission to be known as the ‘‘Commission to Assess 
the Threat to the United States from Electromagnetic 
Pulse Attacks and Events’’ (hereafter in this section re-
ferred to as the ‘‘Commission’’). The purpose of the Com-
mission is to assess and make recommendations with re-
spect to the threat to the United States from electro-
magnetic pulse attacks and events. 
(b) COMPOSITION.— 
(1) MEMBERSHIP.—The Commission shall be 
composed of 12 members appointed as follows: 
(A) Three members appointed by the chair 
of the Committee on Armed Services of the 
House of Representatives. 
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(B) Three members appointed by the rank-
ing minority member of the Committee on 
Armed Services of the House of Representa-
tives. 
(C) Three members appointed by the chair 
of the Committee on Armed Services of the 
Senate. 
(D) Three members appointed by the rank-
ing minority member of the Committee on 
Armed Services of the Senate. 
(2) CHAIR AND VICE CHAIR.— 
(A) CHAIR.—The chair of the Committee 
on Armed Services of the House of Representa-
tive and the chair of the Committee on Armed 
Services of the Senate shall jointly designate 
one member of the Commission to serve as 
chair of the Commission. 
(B) VICE
CHAIR.—The ranking minority 
member of the Committee on Armed Services of 
the House of Representative and the ranking 
minority member of the Committee on Armed 
Services of the Senate shall jointly designate 
one member of the Commission to serve as vice 
chair of the Commission. 
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(3) SECURITY
CLEARANCE
REQUIRED.—Each 
individual appointed as a member of the Commission 
shall possess (or have recently possessed before the 
date of such appointment) the appropriate security 
clearance necessary to carry out the duties of the 
Commission. 
(4) QUALIFICATION.—Members of the Commis-
sion shall be appointed from among private United 
States citizens with knowledge and expertise in the 
scientific, technical, and defense aspects of electro-
magnetic pulse threats and vulnerabilities. 
(5) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall be 
filled in the same manner as the original appoint-
ment. 
(c) DUTIES.— 
(1) REVIEW AND ASSESSMENT.—The Commis-
sion shall review and assess— 
(A) the nature, magnitude, and likelihood 
of potential electromagnetic pulse (hereafter in 
section referred to as ‘‘EMP’’) attacks and 
events, both manmade and natural, that could 
be directed at or affect the United States within 
the next 20 years; 
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(B) the vulnerability of United States mili-
tary and civilian systems to EMP attacks and 
events, including with respect to emergency pre-
paredness and immediate response; 
(C) the capability of the United States to 
repair and recover from damage inflicted on 
United States military and civilian systems by 
EMP attacks and events; and 
(D) the feasibility and cost of hardening 
critical military and civilian systems against 
EMP attack and events. 
(2) 
RECOMMENDATIONS.—The 
Commission 
shall recommend any actions it believes should be 
taken by the United States to better prepare, pre-
vent, mitigate, or recover military and civilian sys-
tems with respect to EMP attacks and events. 
(d) COOPERATION FROM GOVERNMENT.— 
(1) COOPERATION.—In carrying out its duties, 
the Commission shall receive the full and timely co-
operation of the Secretary of Defense and the perti-
nent heads of any other Federal agency in providing 
the Commission with analysis, briefings, and other 
information necessary for the fulfillment of its re-
sponsibilities. 
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(2) LIAISON.—The Secretary shall designate at 
least one officer or employee of the Department of 
Defense to serve as a liaison officer between the De-
partment and the Commission. 
(e) REPORT.— 
(1) FINAL REPORT.— 
(A) IN GENERAL.—Not later than Decem-
ber 1, 2018, the Commission shall submit to 
the President, the Secretary of Defense, the 
Committee on Armed Services of the House of 
Representatives, and the Committee on Armed 
Services of the Senate a report on the findings, 
conclusions, and recommendations of the Com-
mission. 
(B) FORM OF REPORT.—The report sub-
mitted to Congress under subparagraph (A) 
shall be submitted in unclassified form, but may 
include a classified annex. 
(2) VIEWS
OF
THE
SECRETARY.—Not later 
than 90 days after the submittal of the report under 
paragraph (1), the Secretary of Defense shall submit 
to the Committee on Armed Services of the House 
of Representatives and the Committee on Armed 
Services of the Senate a report that contains the 
views of the Secretary with respect to the findings, 
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conclusions, and recommendations of the Commis-
sion and any actions the Secretary intends to take 
as a result. 
(3) INTERIM BRIEFING.—Not later than June 
1, 2018, the Commission shall provide to the Com-
mittee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services 
of the Senate a briefing on the status of the activi-
ties of the Commission, including a discussion of any 
interim recommendations. 
(f) FUNDING.—Of the amounts authorized to be ap-
propriated by this Act for the Department of Defense, 
$3,000,000 is available to fund the activities of the Com-
mission, as specified in the funding tables in division D. 
(g) APPLICATION
OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the Commission. 
(h) TERMINATION.—The Commission shall terminate 
three months after the date on which the Secretary of De-
fense submits the report under subsection (e)(2). 
(i) REPEAL.—Title XIV of Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (Public 
Law 106-398) is repealed. 
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SEC. 1699C. PILOT PROGRAM ON ELECTROMAGNETIC SPEC-
TRUM MAPPING. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall establish a pilot program to assess the viability of 
space-based mapping of the electromagnetic spectrum 
used by the Department of Defense. 
(b) DURATION.—The authority of the Secretary to 
carry out the pilot program under subsection (a) shall ter-
minate on the date that is one year after the date of the 
enactment of this Act. 
(c) INTERIM BRIEFING.—Not later than 60 days 
after the date of enactment of this Act, the Secretary of 
Defense shall provide a briefing to the Committees on 
Armed Services of the House of Representatives and the 
Senate (and to any other congressional defense committee 
upon request) demonstrating how the Secretary plans to 
implement the pilot program under subsection (a). 
(d) FINAL BRIEFING.—Not later than 90 days after 
the pilot program under subsection (a) is completed, the 
Secretary shall provide a briefing to the Committees on 
Armed Services of the House of Representatives and the 
Senate (and to any other congressional defense committee 
upon request) on the utility, cost, and other considerations 
regarding the mapping of the electromagnetic spectrum 
used by the Department of Defense. 
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Subtitle H—Advancing America’s 
Missile Defense Act of 2017 
SEC. 1699D. SHORT TITLE. 
This subtitle may be cited as the ‘‘Advancing Amer-
ica’s Missile Defense Act of 2017’’. 
SEC. 1699E. SENSE OF CONGRESS ON CURRENT STATE OF 
UNITED STATES MISSILE DEFENSE, FUTURE 
INVESTMENT, AND ACCELERATING CAPABILI-
TIES TO OUTPACE CURRENT THREATS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of Defense should use the upcom-
ing Ballistic Missile Defense Review (BMDR) and the 
Missile Defeat Review (MDR) to accelerate the develop-
ment of new and existing means to sustain and increase 
the capacity, capability, and reliability of the ground-based 
midcourse defense element of the ballistic missile defense 
system and other missile defense programs. 
(b) ACCELERATION OF DEVELOPMENT OF CERTAIN 
ADVANCED MISSILE DEFENSE TECHNOLOGIES TOWARD 
FIELDING.— 
(1) IN GENERAL.—To the degree practicable, 
the Director of the Missile Defense Agency shall use 
the policies of the Department of Defense to accel-
erate the development, testing, and fielding of the 
redesigned kill vehicle, the multi-object kill vehicle, 
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the C3 booster, a space-based sensor layer, an air-
borne laser on unmanned aerial vehicles, and a po-
tential additional missile defense site, including the 
completion of any outstanding environmental impact 
statements (EISs) for an additional missile defense 
site on the East Coast or in the Midwest regions of 
the United States. 
(2) PRIORITY.—The Director shall prioritize 
the development of capabilities listed in paragraph 
(1) subject to annual authorization and appropria-
tion of funding. 
(3) DEVELOPMENT.—The Director shall use 
sound acquisition processes and program manage-
ment to develop the capabilities set forth in para-
graph (1). 
SEC. 1699F. AUTHORIZATION TO INCREASE CURRENT 
GROUND-BASED MIDCOURSE DEFENSE CA-
PACITY BY 28 GROUND-BASED INTERCEP-
TORS. 
(a) INCREASE IN CAPACITY.—The Secretary of De-
fense shall, subject to the annual authorization of appro-
priations and the annual appropriation of funds for Na-
tional Missile Defense, increase the number of United 
States ground-based interceptors by up to 28. 
(b) REPORT TO CONGRESS.— 
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(1) IN GENERAL.—Unless otherwise directed or 
recommended by the BMDR, not later than 90 days 
after the date of the enactment of this Act, the Di-
rector of the Missile Defense Agency shall submit to 
the congressional defense committees a report on in-
frastructure requirements and costs associated to in-
crease the number of ground-based interceptors at 
Missile Field 1 and Missile Field 2 at Fort Greely 
to 20 ground-based interceptors each. 
(2) CONTENTS.—The report required by para-
graph (1) shall include the following: 
(A) An analysis of the strategic, oper-
ational, and tactical benefits of adding addi-
tional ground-based interceptors at each missile 
field. 
(B) A detailed description of the infra-
structure needed and costs associated with ex-
panding each missile field. 
(C) An identification of any environmental, 
technical, or logistical barriers to expanding 
each missile field. 
(D) Any analysis of alternatively using 
Missile Field 4 and Missile Field 5 to increase 
the number of ground-based interceptors. 
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(3) FORM.—The report submitted under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
SEC. 1699G. MISSILE DEFENSE AGENCY REPORT ON IN-
CREASING 
NUMBER 
OF 
GROUND-BASED 
INTERCEPTORS UP TO 100. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that it is the policy of the United States to maintain 
and improve, with the allies of the United States, an effec-
tive, robust layered missile defense system capable of de-
fending the citizens of the United States residing in terri-
tories and States of the United States, allies of the United 
States, and deployed Armed Forces of the United States. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Unless otherwise directed or 
recommended by the BMDR, not later than 90 days 
after the date of the enactment of this Act, the Di-
rector of the Missile Defense Agency shall submit to 
the congressional defense committees a report on the 
costs and benefits of increasing the capacity of the 
ground-based midcourse defense element of the bal-
listic missile defense system. 
(2) CONTENTS.—The report required by para-
graph (1) shall include the following: 
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(A) An identification of potential sites— 
new or existing—to allow for the increase of up 
to 100 ground-based interceptors. 
(B) An analysis of the strategic, oper-
ational, tactical, and cost benefits of each site. 
(C) A description of any environmental, 
legal, or tactical challenges associated with each 
site. 
(D) A detailed description of the infra-
structure needed and costs associated with each 
site. 
(E) A summary of any completed or out-
standing 
environmental 
impact 
statements 
(EIS) on each site. 
(F) An operational evaluation and cost 
analysis of the deployment of transportable 
ground-based interceptors, including an identi-
fication of potential sites, including in the east-
ern United States and at Vandenberg Air Force 
Base, and an examination of any environ-
mental, legal, or tactical challenges associated 
with such deployments, including to any sites 
identified in subparagraph (A). 
(G) A determination of the appropriate 
fleet mix of ground-based interceptor kill vehi-
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cles and boosters to maximize overall system ef-
fectiveness and increase its capacity and capa-
bility, including the costs and benefits of contin-
ued inclusion of capability enhancement II 
(CE–II) Block 1 interceptors after the fielding 
of the redesigned kill vehicle. 
(H) A description of the planned improve-
ments to homeland ballistic missile defense sen-
sor and discrimination capabilities and an as-
sessment of the expected operational benefits of 
such improvements to homeland ballistic missile 
defense. 
(I) 
The 
costs 
and 
benefits 
of 
supplementing ground-based midcourse defense 
elements with other, more distributed, elements, 
including both Aegis ships and Aegis Ashore in-
stallations with Standard Missile-3 Block IIA 
and other interceptors in Hawaii and at other 
locations for homeland missile defense. 
(3) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
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SEC. 1699H. EVALUATION AND EVOLUTION OF TERRES-
TRIAL GROUND-BASED MIDCOURSE DEFENSE 
SENSORS. 
(a) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Unless otherwise directed or 
recommended by the BMDR, not later than 90 days 
after the date of the enactment of this Act, the Di-
rector of the Missile Defense Agency, in coordination 
with the Secretary of the Air Force, shall submit to 
the congressional defense committees a report on the 
status of the integrated layers of missile defense ra-
dars. 
(2) CONTENTS.—The report required by para-
graph (1) shall include the following: 
(A) A detailed analysis of the expected im-
provements resulting from the integration of 
the Long Range Discrimination Radar into the 
missile defense system architecture of the 
United States, including— 
(i) any adjustments to homeland mis-
sile defense tactics, techniques, and proce-
dures; 
(ii) possible adjustments to ground- 
based midcourse defense shot-doctrine and 
required interceptor capacity; 
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(iii) possibilities for direct integration 
with Fort Greely’s Command and Control 
node; and 
(iv) impacts on regional missile de-
fense systems including Aegis Ballistic 
Missile Defense, Aegis Ashore, and Ter-
minal High Altitude Area Defense. 
(B) A detailed comparison of the capabili-
ties of Long Range Discrimination Radar and 
the COBRA DANE radar, including— 
(i) the unique capabilities of each 
radar; 
(ii) the overlapping capabilities of 
each radar; and 
(iii) the advantages and disadvantages 
of each radar’s location. 
(C) A modernization plan and costs for the 
long-term continued operations and mainte-
nance of the COBRA DANE radar or a plan to 
replace its capability if COBRA DANE cannot 
remain operational, and the costs associated 
with each plan. 
(b) ASSESSMENT BY COMPTROLLER GENERAL OF 
THE UNITED STATES.—Not later than 90 days after the 
date on which the Director submits the report under sub-
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section (a)(1), the Comptroller General of the United 
States shall— 
(1) complete a review of the plan required by 
subsection (a)(2)(C); and 
(2) submit to the congressional defense commit-
tees a report on such review that includes the find-
ings and recommendations of the Comptroller Gen-
eral. 
(c) FORM.—The reports submitted subsections (a) 
and (b) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 1699I. AUTHORIZATION FOR MORE GROUND-BASED 
MIDCOURSE DEFENSE TESTING. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) at a minimum, the Missile Defense Agency 
should continue to flight test the ground-based mid-
course defense element at least once each fiscal year; 
(2) the Department of Defense should allocate 
increased funding to homeland missile defense test-
ing to ensure that our defenses continue to evolve 
faster than the threats against which they are pos-
tured to defend while pursuing a robust acquisition 
process; 
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(3) in order to rapidly innovate, develop, and 
field new technologies, the Director of the Missile 
Defense Agency should continue to focus testing 
campaigns on delivering increased capabilities to the 
Armed Forces as quickly as possible; and 
(4) the Director of the Missile Defense Agency 
should seek to establish a more prudent balance be-
tween risk mitigation and the more rapid testing 
pace needed to quickly develop and deliver new capa-
bilities to the Armed Forces. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Unless otherwise directed or 
recommended by the BMDR, not later than 90 days 
after the date of the enactment of this Act, the Di-
rector of the Missile Defense Agency shall submit to 
the congressional defense committees a revised mis-
sile defense testing campaign plan that accelerates 
the development and deployment of new missile de-
fense technologies. 
(2) CONTENTS.—The report required by para-
graph (1) shall include the following: 
(A) A detailed analysis of the costs and 
benefits of accelerating each following pro-
grams: 
(i) Redesigned kill vehicle. 
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(ii) Multi-object kill vehicle. 
(iii) Configuration-3 booster. 
(iv) Lasers mounted on small un-
manned aerial vehicles. 
(v) Space-based missile defense sensor 
architecture. 
(vi) Such additional technologies as 
the Director considers appropriate. 
(B) A new deployment timeline for each of 
the programs in listed in subparagraph (A) or 
a detailed description of why the current 
timeline for deployment technologies under 
those programs is most suitable. 
(C) An identification of any funding or pol-
icy restrictions that would slow down the de-
ployment of the technologies under the pro-
grams listed in subparagraph (A). 
(D) A risk assessment of the potential 
cost-overruns and deployment delays that may 
be encountered in the expedited development 
process of the capabilities under paragraph (1). 
(c) REPORT ON FUNDING PROFILE.—The Director 
shall include with the budget justification materials sub-
mitted to Congress in support of the budget of the Depart-
ment of Defense for fiscal year 2018 (as submitted with 
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the budget of the President under section 1105(a) of title 
31, United States Code) a report on the funding profile 
necessary for the new testing campaign plan required by 
subsection (b)(1). 
TITLE 
XVII—MATTERS 
RELAT-
ING 
TO 
SMALL 
BUSINESS 
PROCUREMENT 
Subtitle 
A—Improving 
Trans-
parency and Clarity for Small 
Businesses 
SEC. 1701. IMPROVING REPORTING ON SMALL BUSINESS 
GOALS. 
(a) IN GENERAL.—Section 15(h)(2)(E) of the Small 
Business Act (15 U.S.C. 644(h)(2)(E)) is amended— 
(1) in clause (i)— 
(A) in subclause (III), by striking ‘‘and’’ at 
the end; and 
(B) by adding at the end the following new 
subclauses: 
‘‘(V) that were purchased by an-
other entity after the initial contract 
was awarded and as a result of the 
purchase, would no longer be deemed 
to be small business concerns for pur-
poses of the initial contract; and 
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‘‘(VI) that were awarded using a 
procurement method that restricted 
competition to small business concerns 
owned and controlled by service-dis-
abled veterans, qualified HUBZone 
small business concerns, small busi-
ness concerns owned and controlled by 
socially and economically disadvan-
taged individuals, small business con-
cerns owned and controlled by women, 
or a subset of any such concerns;’’; 
(2) in clause (ii)— 
(A) in subclause (IV), by striking ‘‘and’’ at 
the end; and 
(B) by adding at the end the following new 
subclauses: 
‘‘(VI) that were purchased by an-
other entity after the initial contract 
was awarded and as a result of the 
purchase, would no longer be deemed 
to be small business concerns owned 
and controlled by service-disabled vet-
erans for purposes of the initial con-
tract; and 
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‘‘(VII) that were awarded using a 
procurement method that restricted 
competition to qualified HUBZone 
small business concerns, small busi-
ness concerns owned and controlled by 
socially and economically disadvan-
taged individuals, small business con-
cerns owned and controlled by women, 
or a subset of any such concerns;’’; 
(3) in clause (iii)— 
(A) in subclause (V), by striking ‘‘and’’ at 
the end; and 
(B) by adding at the end the following new 
subclauses: 
‘‘(VII) that were purchased by 
another entity after the initial con-
tract was awarded and as a result of 
the purchase, would no longer be 
deemed to be qualified HUBZone 
small business concerns for purposes 
of the initial contract; and 
‘‘(VIII) that were awarded using 
a procurement method that restricted 
competition to small business concerns 
owned and controlled by service-dis-
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abled veterans, small business con-
cerns owned and controlled by socially 
and economically disadvantaged indi-
viduals, 
small 
business 
concerns 
owned and controlled by women, or a 
subset of any such concerns;’’; 
(4) in clause (iv)— 
(A) in subclause (V), by striking ‘‘and’’ at 
the end; and 
(B) by adding at the end the following new 
subclauses: 
‘‘(VII) that were purchased by 
another entity after the initial con-
tract was awarded and as a result of 
the purchase, would no longer be 
deemed to be small business concerns 
owned and controlled by socially and 
economically disadvantaged individ-
uals for purposes of the initial con-
tract; and 
‘‘(VIII) that were awarded using 
a procurement method that restricted 
competition to small business concerns 
owned and controlled by service-dis-
abled veterans, qualified HUBZone 
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‘‘(A) helping prime contractors to find 
small business concerns that are capable of per-
forming subcontracts; 
‘‘(B) for contractors awarded contracts 
containing the clause described in section 
8(d)(3), providing— 
‘‘(i) counseling on the contractor’s re-
sponsibility to maximize subcontracting op-
portunities for small business concerns; 
‘‘(ii) instruction on methods and tools 
to identify potential subcontractors that 
are small business concerns; and 
‘‘(iii) assistance to increase awards to 
subcontractors that are small business con-
cerns through visits, training, and reviews 
of past performance; 
‘‘(C) providing counseling on how a small 
business concern may promote its capacity to 
contractors awarded contracts containing the 
clause described in section 8(d)(3); and 
‘‘(D) conducting periodic reviews of con-
tractors awarded contracts containing the 
clause described in section 8(d)(3) to assess 
compliance with subcontracting plans required 
under section 8(d)(6). 
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‘‘(2) CERTIFICATION REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—Consistent with the 
requirements of subparagraph (B), a commer-
cial market representative referred to in section 
15(q)(3) shall have a Level I Federal Acquisi-
tion Certification in Contracting (or any suc-
cessor certification) or the equivalent Depart-
ment of Defense certification. 
‘‘(B) DELAY OF CERTIFICATION REQUIRE-
MENT.—The certification described in subpara-
graph (A) is not required— 
‘‘(i) for any person serving as a com-
mercial market representative on the date 
of the enactment of this subsection, until 
the date that is one calendar year after the 
date such person was appointed as a com-
mercial market representative; or 
‘‘(ii) for any person serving as a com-
mercial market representative on or before 
November 25, 2015, until November 25, 
2020. 
‘‘(3) JOB POSTING REQUIREMENTS.—The du-
ties and certification requirements described in this 
subsection shall be included in any initial job posting 
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crediting eligible entities receiving a grant 
under this section. 
‘‘(B) TRANSITION PROVISION.—Before the 
date on which standards are established under 
subparagraph (A), the Administrator may not 
terminate a grant under this section absent evi-
dence of fraud or other criminal misconduct by 
the recipient. 
‘‘(C) CONTRACTING AUTHORITY.—The Ad-
ministrator may provide financial assistance, by 
contract or otherwise, to a relevant national 
women’s business center representative associa-
tion to provide assistance in establishing the 
standards required under subparagraph (A) or 
for carrying out an accreditation program pur-
suant to such standards.’’. 
SEC. 1712. WOMEN’S BUSINESS CENTER PROGRAM. 
(a) DEFINITIONS.—Section 29(a) of the Small Busi-
ness Act (15 U.S.C. 656(a)) is amended— 
(1) by striking paragraph (4); 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) the term ‘eligible entity’ means— 
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‘‘(A) PLAN OF ACTION.—If a review of an 
eligible entity under paragraph (6)(B) identifies 
any problems, the eligible entity shall, within 45 
calendar days after receiving such review, pro-
vide the Assistant Administrator with a plan of 
action, including specific milestones, for cor-
recting such problems. 
‘‘(B) PLAN OF ACTION REVIEW BY THE AS-
SISTANT ADMINISTRATOR.—The Assistant Ad-
ministrator shall review each plan of action sub-
mitted under subparagraph (A) within 30 cal-
endar days after receiving such plan and— 
‘‘(i) if the Assistant Administrator de-
termines that such plan will bring the eligi-
ble entity into compliance with all the 
terms of the grant agreement, approve 
such plan; or 
‘‘(ii) if the Assistant Administrator 
determines that such plan is inadequate to 
remedy the problems identified in the an-
nual review to which the plan of action re-
lates, the Assistant Administrator shall set 
forth such reasons in writing and provide 
such determination to the eligible entity 
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within 15 calendar days after such deter-
mination. 
‘‘(C) AMENDMENT TO PLAN OF ACTION.— 
An eligible entity receiving a determination 
under subparagraph (B)(ii) shall have 30 cal-
endar days after the receipt of the determina-
tion to amend the plan of action to satisfy the 
problems identified by the Assistant Adminis-
trator and resubmit such plan to the Assistant 
Administrator. 
‘‘(D) AMENDED PLAN REVIEW BY THE AS-
SISTANT ADMINISTRATOR.—Within 15 calendar 
days after the receipt of an amended plan of ac-
tion under subparagraph (C), the Assistant Ad-
ministrator shall either approve or reject such 
plan and provide such approval or rejection in 
writing to the eligible entity. 
‘‘(E) APPEAL
OF
ASSISTANT
ADMINIS-
TRATOR DETERMINATION.— 
‘‘(i) IN
GENERAL.—If the Assistant 
Administrator rejects an amended plan 
under subparagraph (D), the eligible entity 
shall have the opportunity to appeal such 
decision to the Administrator, who may 
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delegate such appeal to an appropriate of-
ficer of the Administration. 
‘‘(ii) 
OPPORTUNITY
FOR
EXPLA-
NATION.—Any appeal described under 
clause (i) shall provide an opportunity for 
the eligible entity to provide, in writing, an 
explanation of why the eligible entity’s plan 
remedies the problems identified in the an-
nual review. 
‘‘(iii) NOTICE OF DETERMINATION.— 
The determination of the appeal shall be 
provided to the eligible entity, in writing, 
within 15 calendar days after the eligible 
entity’s filing of the appeal. 
‘‘(iv) EFFECT OF FAILURE TO ACT.— 
If the Administrator fails to act on an ap-
peal made under this subparagraph within 
the 15 calendar day period specified under 
clause (iii), the eligible entity’s amended 
plan of action submitted under subpara-
graph (C) shall be deemed to be approved. 
‘‘(8) TERMINATION OF GRANT.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall require that, if an eligible entity fails to 
comply with a plan of action approved by the 
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