H. R. 5515—326 
of Defense for Research and Engineering, in coordination with 
the Secretary of the Navy, certifies to the congressional defense 
committees that— 
(1) such project accelerates development of the future 
unmanned surface vehicle program of the Navy; and 
(2) the desired procurement strategy for the ghost fleet 
overlord project is properly coordinated and not duplicative 
of the unmanned surface vehicle sea hunter program of the 
Navy. 
(b) RULE OF CONSTRUCTION.—The limitation in subsection (a) 
shall not be construed to apply to any other unmanned surface 
vehicle program of the Department of Defense other than the pro-
gram element specified in such subsection. 
SEC. 1048. PILOT PROGRAM FOR DEPARTMENT OF DEFENSE CON-
TROLLED UNCLASSIFIED INFORMATION IN THE HANDS 
OF INDUSTRY. 
(a) IN GENERAL.—The Secretary of Defense— 
(1) shall establish and implement a pilot program for over-
sight of designated Department of Defense controlled unclassi-
fied information in the hands of defense contractors with foreign 
ownership, control, or influence concerns; and 
(2) may designate an entity within the Department to 
be responsible for the pilot program under paragraph (1). 
(b) PROGRAM REQUIREMENTS.—The pilot program under sub-
section (a) shall have the following elements: 
(1) The use of a capability to rapidly identify companies 
subject to foreign ownership, control, or influence that are 
processing designated controlled unclassified information, 
including unclassified controlled technical information. 
(2) The use, in consultation with the Chief of Information 
Officer of the Department, of a capability or means for assessing 
industry compliance with Department cybersecurity standards. 
(3) A means of demonstrating whether and under what 
conditions the risk to national security posed by access to 
Department controlled unclassified information, including 
unclassified controlled technical information, by a company 
under foreign ownership, control, or influence company can 
be mitigated and how such mitigation could be enforced. 
(c) BRIEFING REQUIRED.—By not later than 30 days after the 
completion of the pilot program under this section, but in no case 
later than December 1, 2019, the Secretary shall provide to the 
congressional defense committees a briefing on the results of the 
pilot program and any decisions about whether to implement the 
pilot program on a Department-wide basis. 
SEC. 1049. CRITICAL TECHNOLOGIES LIST. 
(a) LIST REQUIRED.—The Secretary of Defense shall establish 
and maintain a list of acquisition programs, technologies, manufac-
turing capabilities, and research areas that are critical for 
maintaining the national security technological advantage of the 
United States over foreign countries of special concern. The list 
shall be accompanied by a justification for inclusion of items on 
the list, including specific performance and technical figures of 
merit. 
(b) USE OF LIST.—The Secretary may use the list required 
under subsection (a) to—
H. R. 5515—327 
(1) guide the recommendations of the Secretary in any 
interagency determinations conducted pursuant to Federal law 
relating to technology protection, including relating to export 
licensing, deemed exports, technology transfer, and foreign 
direct investment; 
(2) inform the Secretary while engaging in interagency 
processes on promotion and protection activities involving 
acquisition programs and technologies that are necessary to 
achieve and maintain the national security technology advan-
tage of the United States and that are supportive of military 
requirements and strategies; 
(3) inform the Department’s activities to integrate acquisi-
tion, intelligence, counterintelligence and security, and law 
enforcement to inform requirements, acquisition, programmatic, 
and strategic courses of action for technology protection; 
(4) inform development of research investment strategies 
and activities and develop innovation centers and an emerging 
technology industrial base through the employment of financial 
assistance from the United States Government through appro-
priate statutory authorities and programs; 
(5) identify opportunities for alliances and partnerships 
in key research and development areas to achieve and maintain 
a national security technology advantage; and 
(6) carry out such other purposes as identified by the 
Secretary. 
(c) PUBLICATION.—The Secretary shall— 
(1) publish the list required under subsection (a) by not 
later than December 31, 2018; and 
(2) update such list at least annually. 
SEC. 1050. AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY. 
(a) EDUCATION CAMPAIGN.—Beginning not later than one year 
after the date of the enactment of this Act, the Secretary of Defense 
shall carry out an annual education campaign to inform individuals 
who may be eligible to enroll in the Airborne Hazards and Open 
Burn Pit Registry of such eligibility. Each such campaign shall 
include at least one electronic method and one physical mailing 
method to provide such information. 
(b) AIRBORNE
HAZARDS
AND
OPEN
BURN
PIT
REGISTRY 
DEFINED.—In this section, the term ‘‘Airborne Hazards and Open 
Burn Pit Registry’’ means the registry established by the Secretary 
of Veterans Affairs under section 201 of the Dignified Burial and 
Other Veterans’ Benefits Improvement Act of 2012 (Public Law 
112–260; 38 U.S.C. 527 note). 
SEC. 1051. NATIONAL SECURITY COMMISSION ON ARTIFICIAL INTEL-
LIGENCE. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—There is established in the executive 
branch an independent Commission to review advances in 
artificial intelligence, related machine learning developments, 
and associated technologies. 
(2) TREATMENT.—The Commission shall be considered an 
independent establishment of the Federal Government as 
defined by section 104 of title 5, United States Code, and 
a temporary organization under section 3161 of such title.
H. R. 5515—328 
(3) DESIGNATION.—The Commission established under 
paragraph (1) shall be known as the ‘‘National Security 
Commission on Artificial Intelligence’’. 
(4) MEMBERSHIP.— 
(A) COMPOSITION.—The Commission shall be composed 
of 15 members appointed as follows: 
(i) The Secretary of Defense shall appoint 2 mem-
bers. 
(ii) The Secretary of Commerce shall appoint 1 
member. 
(iii) The Chairman of the Committee on Commerce, 
Science, and Transportation of the Senate shall appoint 
1 member. 
(iv) The Ranking Member of the Committee on 
Commerce, Science, and Transportation of the Senate 
shall appoint 1 member. 
(v) The Chairman of the Committee on Energy 
and Commerce of the House of Representatives shall 
appoint 1 member. 
(vi) The Ranking Member of the Committee on 
Energy and Commerce of the House of Representatives 
shall appoint 1 member. 
(vii) The Chairman of the Committee on Armed 
Services of the Senate shall appoint 1 member. 
(viii) The Ranking Member of the Committee on 
Armed Services of the Senate shall appoint 1 member. 
(ix) The Chairman of the Committee on Armed 
Services of the House of Representatives shall appoint 
1 member. 
(x) The Ranking Member of the Committee on 
Armed Services of the House of Representatives shall 
appoint 1 member. 
(xi) The Chairman of the Select Committee on 
Intelligence of the Senate shall appoint 1 member. 
(xii) The Vice Chairman of the Select Committee 
on Intelligence of the Senate shall appoint 1 member. 
(xiii) The Chairman of the Permanent Select Com-
mittee on Intelligence of the House of Representatives 
shall appoint 1 member. 
(xiv) The Ranking Member of the Permanent 
Select Committee Intelligence of the House of Rep-
resentatives shall appoint 1 member. 
(B) DEADLINE FOR APPOINTMENT.—Members shall be 
appointed to the Commission under paragraph (1) not later 
than 90 days after the Commission establishment date. 
(C) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT 
DATE.—If one or more appointments under paragraph (1) 
is not made by the appointment date specified in paragraph 
(2), the authority to make such appointment or appoint-
ments shall expire, and the number of members of the 
Commission shall be reduced by the number equal to the 
number of appointments so not made. 
(5) CHAIR AND VICE CHAIR.—The Commission shall elect 
a Chair and Vice Chair from among its members. 
(6) TERMS.—Members shall be appointed for the life of 
the Commission. A vacancy in the Commission shall not affect
H. R. 5515—329 
its powers, and shall be filled in the same manner as the 
original appointment was made. 
(7) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 
requirements of section 2105 of title 5, United States Code, 
including the required supervision under subsection (a)(3) of 
such section, the members of the Commission shall be deemed 
to be Federal employees. 
(b) DUTIES.— 
(1) IN
GENERAL.—The Commission shall carry out the 
review described in paragraph (2). In carrying out such review, 
the Commission shall consider the methods and means nec-
essary to advance the development of artificial intelligence, 
machine learning, and associated technologies by the United 
States to comprehensively address the national security and 
defense needs of the United States. 
(2) SCOPE OF THE REVIEW.—In conducting the review para-
graph (1), the Commission shall consider the following: 
(A) The competitiveness of the United States in artifi-
cial intelligence, machine learning, and other associated 
technologies, including matters related to national security, 
defense, public-private partnerships, and investments. 
(B) Means and methods for the United States to main-
tain a technological advantage in artificial intelligence, 
machine learning, and other associated technologies related 
to national security and defense. 
(C) Developments and trends in international coopera-
tion and competitiveness, including foreign investments in 
artificial intelligence, related machine learning, and com-
puter science fields that are materially related to national 
security and defense. 
(D) Means by which to foster greater emphasis and 
investments in basic and advanced research to stimulate 
private, public, academic and combined initiatives in artifi-
cial intelligence, machine learning, and other associated 
technologies, to the extent that such efforts have applica-
tion materially related to national security and defense. 
(E) Workforce and education incentives to attract and 
recruit leading talent in artificial intelligence and machine 
learning 
disciplines, 
including 
science, 
technology, 
engineering, and math programs. 
(F) Risks associated with United States and foreign 
country advances in military employment of artificial intel-
ligence and machine learning, including international law 
of armed conflict, international humanitarian law, and 
escalation dynamics. 
(G) Associated ethical considerations related to artifi-
cial intelligence and machine learning as it will be used 
for future applications related to national security and 
defense. 
(H) Means to establish data standards, and incentivize 
the sharing of open training data within related national 
security and defense data-driven industries. 
(I) Consideration of the evolution of artificial intel-
ligence and appropriate mechanism for managing such 
technology related to national security and defense. 
(J) Any other matters the Commission deems relevant 
to the common defense of the Nation.
H. R. 5515—330 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Commission shall submit 
to the President and Congress an initial report on the findings 
of the Commission and such recommendations that the Commis-
sion may have for action by the executive branch and Congress 
related to artificial intelligence, machine learning, and associ-
ated technologies, including recommendations to more effec-
tively organize the Federal Government. 
(2) ANNUAL COMPREHENSIVE REPORTS.—Not later than one 
year after the date of this enactment of this Act, and every 
year thereafter annually, until the date specified in subsection 
(e), the Commission shall submit a comprehensive report on 
the review required under subsection (b). 
(3) FORM OF REPORTS.—Reports submitted under this sub-
section shall be made publically available, but may include 
a classified annex. 
(d) FUNDING.—Of the amounts authorized to be appropriated 
by this Act for fiscal year 2019 for the Department of Defense, 
not more than $10,000,000 shall be made available to the Commis-
sion to carry out its duties under this subtitle. Funds made available 
to the Commission under the preceding sentence shall remain avail-
able until expended. 
(e) TERMINATION.—The Commission shall terminate on October 
1, 2020. 
(f) DEFINITION OF ARTIFICIAL INTELLIGENCE.—In this section, 
the term ‘‘artificial intelligence’’ includes each of the following: 
(1) Any artificial system that performs tasks under varying 
and unpredictable circumstances without significant human 
oversight, or that can learn from experience and improve 
performance when exposed to data sets. 
(2) An artificial system developed in computer software, 
physical hardware, or other context that solves tasks requiring 
human-like perception, cognition, planning, learning, commu-
nication, or physical action. 
(3) An artificial system designed to think or act like a 
human, including cognitive architectures and neural networks. 
(4) A set of techniques, including machine learning that 
is designed to approximate a cognitive task. 
(5) An artificial system designed to act rationally, including 
an intelligent software agent or embodied robot that achieves 
goals using perception, planning, reasoning, learning, commu-
nicating, decision-making, and acting. 
SEC. 1052. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN 
CLEANUP. 
(a) TRANSFER AUTHORITY.—Notwithstanding section 2215 of 
title 10, United States Code, the Secretary of Defense may transfer 
to the Secretary of State, for use by the United States Agency 
for International Development, amounts to be used for the Bien 
Hoa dioxin cleanup in Vietnam. 
(b) LIMITATION ON AMOUNTS.—Not more than $15,000,000 may 
be transferred in fiscal year 2019 under the authority in subsection 
(a). 
(c) SOURCE OF FUNDS.—The Secretary of Defense may transfer 
funds appropriated to the Department of Defense for ‘‘Operation
H. R. 5515—331 
and Maintenance, Defense-wide’’ under the authority in subsection 
(a). 
(d) ADDITIONAL TRANSFER AUTHORITY.—The transfer authority 
provided under subsection (a) is in addition to any other transfer 
authority available to the Department of Defense. 
SEC. 1053. GUIDANCE ON THE ELECTRONIC WARFARE MISSION AREA 
AND JOINT ELECTROMAGNETIC SPECTRUM OPERATIONS. 
(a) PROCESSES AND PROCEDURES FOR INTEGRATION.—The Sec-
retary of Defense shall— 
(1) establish processes and procedures to develop, integrate, 
and enhance the electronic warfare mission area and the con-
duct of joint electromagnetic spectrum operations in all domains 
across the Department of Defense; and 
(2) ensure that such processes and procedures provide for 
integrated defense-wide strategy, planning, and budgeting with 
respect to the conduct of such operations by the Department, 
including activities conducted to counter and deter such oper-
ations by malign actors. 
(b) DESIGNATED SENIOR OFFICIAL.— 
(1) IN GENERAL.—The Secretary shall designate a senior 
official of the Department of Defense (hereinafter referred to 
as the ‘‘designated senior official’’), who shall implement and 
oversee the processes and procedures established under sub-
section (a). The designated senior official shall be designated 
by the Secretary from among individuals serving in the Depart-
ment as civilian employees or members of the Armed Forces 
who are, equivalent in grade or rank, at or below the level 
of Under Secretary of Defense. The designated senior official 
shall oversee the cross-functional team established pursuant 
to subsection (c) and serve as an ex-officio member of the 
Electronic Warfare Executive Committee established in March 
2015. 
(2) RESPONSIBILITIES.—The designated senior official shall 
have, with respect to the implementation and oversight of the 
processes and procedures established under subsection (a), the 
following responsibilities: 
(A) Overseeing the implementation of the strategy 
developed by the Electronic Warfare Executive Committee 
for the conduct and execution of the electronic warfare 
mission area and joint electromagnetic spectrum operations 
by the Department, coordinated across all relevant ele-
ments of the Department, including both near-term and 
long-term guidance for the conduct of such operations. 
(B) Providing recommendations to the Electronic War-
fare Executive Committee on resource allocation to support 
the capability development and investment in the electronic 
warfare and joint electromagnetic spectrum operation mis-
sion areas. 
(C) Proposing electronic warfare governance, manage-
ment, organizational, and operational reforms to Secretary 
of Defense, after review and comment by the Electronic 
Warfare Executive Committee. 
(3) ANNUAL
CERTIFICATION
ON
BUDGETING
FOR
CERTAIN 
CAPABILITIES.—Each budget for fiscal years 2020 through 2024 
submitted by the President to Congress pursuant to section 
1105(a) of title 31, United States Code, shall include the same
H. R. 5515—332 
information that was required to be submitted annually under 
section 1053(b) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2459) for each 
of fiscal years 2011 through 2015 and an assessment by the 
senior designated official as to whether sufficient funds are 
requested in such budget for anticipated activities in such 
fiscal year for each of the following: 
(A) The development of an electromagnetic battle 
management capability for joint electromagnetic spectrum 
operations. 
(B) The establishment and operation of associated joint 
electromagnetic spectrum operations cells. 
(c) CROSS-FUNCTIONAL TEAM FOR ELECTRONIC WARFARE.— 
(1) ESTABLISHMENT
REQUIRED.—The Secretary shall, in 
accordance with section 911(c) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
130 Stat. 2345; 10 U.S.C. 111 note), establish a cross-functional 
team for electronic warfare in order to identify gaps in electronic 
warfare 
and 
joint 
electromagnetic 
spectrum 
operations, 
capabilities, and capacities within the Department across per-
sonnel, procedural, and equipment areas. 
(2) SPECIFIC
DUTIES.—The cross-functional team estab-
lished pursuant to paragraph (1) shall provide recommenda-
tions to the senior designated official to address gaps identified 
as described in that paragraph. 
(d) PLANS AND REQUIREMENTS FOR ELECTRONIC WARFARE.— 
(1) IN
GENERAL.—The Secretary shall require the des-
ignated senior official to task the cross-functional team estab-
lished pursuant to subsection (c) to develop requirements and 
specific plans for addressing personnel, capability, and capacity 
gaps in the electronic warfare mission area, and plans for 
future warfare in that domain (including maintaining a 
roadmap for the current future-years defense program under 
section 221 of title 10, United States Code). 
(2) UPDATE OF STRATEGY.—Not later than 180 days after 
the date of the enactment of this Act, and biennially thereafter, 
the Electronic Warfare Executive Committee, in coordination 
with the cross-functional team shall— 
(A) update the strategy of the Department of Defense 
entitled ‘‘The DOD Electronic Warfare Strategy’’ and dated 
June 2017, to include the roadmap developed by the cross- 
functional team pursuant to in paragraph (1); and 
(B) submit the updated strategy to the congressional 
defense committees. 
(3) ELEMENTS.—The requirements and plans and associated 
roadmap developed by the cross-functional team pursuant to 
paragraph (1) shall include the following: 
(A) An accounting of the efforts undertaken in support 
of the strategy referred to in paragraph (2)(A) and to imple-
ment applicable elements of Department of Defense Direc-
tive 3222.04, dated May 10, 2017, or any subsequent 
updates to such directive. 
(B) A description of any updates or changes to the 
strategy since its issuance, and a description of any antici-
pated updates or changes to the strategy as a result of 
the designation of the designated senior official.
H. R. 5515—333 
(C) An assessment of vulnerabilities identified in the 
May 2015 Electronic Warfare assessment by the Defense 
Science Board. 
(D) An assessment of the capability of joint forces 
to conduct joint electromagnetic spectrum operations 
against near-peer adversaries and any capability or 
capacity gaps in such capability that need to be addressed, 
including an assessment of the ability of joint forces to 
conduct coordinated military operations to exploit, attack, 
protect, and manage the electromagnetic environment in 
the signals intelligence, electronic warfare, and spectrum 
management mission areas, including the capability to con-
duct integrated cyber and electronic warfare on the battle-
field, for all level 3 and level 4 contingency plans (as 
such plans are described in Joint Publication 5-0 of the 
Joint Chiefs of Staff, entitled ‘‘Joint Planning’’ and dated 
June 16, 2017). 
(E) A review of the roles and functions of offices within 
the Joint Staff, the Office of the Secretary of Defense, 
and the combatant commands with primary responsibility 
for joint electromagnetic spectrum policy and operations. 
(F) A description of any assumptions about the roles 
and contributions of the Department, in coordination with 
other departments and agencies of the United States 
Government, with respect to the strategy. 
(G) A description of actions, performance metrics, and 
projected timelines for achieving key capabilities for elec-
tronic warfare and joint electromagnetic spectrum oper-
ations to correspond to the thematic goals identified in 
the strategy and as addressed by the roadmap. 
(H) An analysis of any personnel, resourcing, capa-
bility, authority, or other gaps to be addressed in order 
to ensure effective implementation of the strategy across 
all relevant elements of the Department, including an 
update on each of the following: 
(i) The development of an electromagnetic battle 
management capability for joint electromagnetic spec-
trum operations. 
(ii) The establishment and operation of joint 
electromagnetic spectrum operations cells at combatant 
command locations. 
(iii) The integration and synchronization of cyber 
and electromagnetic activities. 
(I) An investment framework and projected timeline 
for addressing any gaps described by subparagraph (H). 
(J) In consultation with the Director of the Defense 
Intelligence Agency— 
(i) comprehensive assessments of the electronic 
warfare capabilities of the Russian Federation and the 
People’s Republic of China, which shall include— 
(I) electronic warfare doctrine; 
(II) order of battle on land, sea, air, space, 
and cyberspace; and 
(III) expected direction of technology and 
research over the next 10 years; and 
(ii) a review of vulnerabilities with respect to elec-
tronic systems, such as the Global Positioning System,
H. R. 5515—334 
and Department-wide abilities to conduct counter-
measures in response to electronic warfare attacks. 
(K) A review of the sufficiency of experimentation, 
testing, and training infrastructure, ranges, instrumenta-
tion, and threat simulators required to support the develop-
ment of electromagnetic spectrum capabilities. 
(L) A plan, and the estimated cost and schedule of 
implementing the plan, to conduct joint campaign modeling 
and wargaming for joint electromagnetic spectrum oper-
ations. 
(M) Any other matters as the Secretary considers 
appropriate. 
(4) PERIODIC
STATUS
REPORTS.—Not later than 90 days 
after the requirements and plans required by paragraph (1) 
are submitted in accordance with paragraph (2), and every 
180 days thereafter during the three-year period beginning 
on the date such plans and requirements are first submitted 
in accordance with paragraph (2), the designated senior official 
shall submit to the congressional defense committees a report 
describing the status of the efforts of the Department in accom-
plishing the tasks specified in subparagraphs (A) through (I) 
and (K) through (M) of paragraph (3). 
(5) COMPREHENSIVE ASSESSMENTS AND REVIEW.—Not later 
than 270 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional 
defense committees the comprehensive assessments and review 
required under paragraph (3)(J). 
(e) TRAINING AND EDUCATION.—Consistent with the elements 
under subsection (d)(3) of the plans and requirements required 
by subsection (d)(1), the cross-functional team established pursuant 
to subsection (c) shall provide the senior designated official rec-
ommendations for programs to provide training and education to 
such members of the Armed Forces and civilian employees of the 
Department as the Secretary considers appropriate in order to 
ensure that such members and employees understand the roles 
and vulnerabilities associated with electronic warfare and depend-
ence on the electromagnetic spectrum. 
Subtitle E—Studies and Reports 
SEC. 1061. ANNUAL REPORTS BY THE ARMED FORCES ON OUT-YEAR 
UNCONSTRAINED TOTAL MUNITIONS REQUIREMENTS 
AND OUT-YEAR INVENTORY NUMBERS. 
(a) REPORTS REQUIRED.—Chapter 9 of title 10, United States 
Code, is amended by inserting after section 222b, as added by 
section 1677, the following new section: 
‘‘§ 222c. Armed forces: Out-Year Unconstrained Total Muni-
tions Requirements; Out-Year inventory numbers 
‘‘(a) ANNUAL REPORTS.—At the same time each year that the 
budget for the fiscal year beginning in such year is submitted 
to Congress pursuant to section 1105(a) of title 31, the chief of 
staff of each armed force (other than the Coast Guard) shall submit 
to the congressional defense committees a report setting forth for 
such armed force each of the following for such fiscal year, broken 
out as specified in subsection (b):