1441 
sales program that the administrative surcharge 
does not currently pay for. 
(B) The estimated annual cost of each of 
such specific expenses. 
(C) An assessment of the costs and bene-
fits of funding such specific expenses through 
the administrative surcharge, including any 
data to support such an assessment. 
(D) An assessment of how the Department 
of Defense could calculate an upper bound of a 
target range for the administrative surcharge 
account and the contract administration serv-
ices surcharge account, including an assessment 
of the costs and benefits of setting such a 
bound. 
(E) An assessment of how the Department 
of Defense calculates the lower bound, or safety 
level, for the administrative surcharge account 
and the contract administration services sur-
charge account, including what specific factors 
inform the calculation and whether such a 
method for calculating the safety level is still 
valid or should be revisited. 
(F) An assessment of the process used by 
the Department of Defense to review and set
1442 
rates for the administrative surcharge and the 
contract administration services surcharge, in-
cluding the extent to which outside parties are 
consulted and any proposals of the Department 
of Defense may have for better ensuring that 
the fee rates are set appropriately. 
(G) Such other matters as the Secretary of 
Defense determines to be appropriate. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, 
acting through the Director of the Defense Security Co-
operation Agency, shall submit to the congressional de-
fense committees a report on— 
(1) the findings of the review conducted under 
paragraph (1); and 
(2) any legislative changes needed to allow the 
surcharge under the foreign military sales program 
to pay for any expenses currently not covered by ad-
ministrative surcharge under the foreign military 
sales program. 
SEC. 1284. PERFORMANCE MEASURES TO MONITOR FOR-
EIGN MILITARY SALES PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense, acting 
through the Director of the Defense Security Cooperation 
Agency and in consultation with the heads of other rel-
1443 
evant components of the Department of Defense, shall en-
hance the ability of the Department of Defense to monitor 
the performance of the foreign military sales program by 
taking the following actions: 
(1) Develop performance measures to monitor 
the timeliness of deliveries of defense articles and 
defense services to purchasers in accordance with 
the delivery schedule for each sale under the foreign 
military sales program. 
(2) Identify key choke points, processes, and 
tasks that contribute most significantly to delays, 
shortcomings, and issues in the foreign military sales 
program. 
(3) Review existing performance measures for 
the foreign military sales program to determine 
whether such measures need to be updated, replaced, 
or supplemented to ensure that all key aspects of the 
foreign military sales program’s efficiency and serv-
ice of United States national interests are able to be 
monitored and informed by reliable data. 
(b) REPORT ON PERFORMANCE MEASURES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, acting through the Director of the 
Defense Security Cooperation Agency, shall submit
1444 
to the appropriate congressional committees a report 
that lists the performance measures developed and 
identified under subsection (a). 
(2) MATTERS TO BE INCLUDED.—The report 
required by paragraph (1) shall— 
(A) define the performance measures, in-
cluding targets set for the performance meas-
ures; 
(B) identify the data systems used to mon-
itor the performance measures; 
(C) identify any concerns related to the re-
liability of the data used to monitor the per-
formance measures; and 
(D) report the results for the performance 
measures for the most recent fiscal year. 
(3) PLAN.—If the performance measures devel-
oped and identified under subsection (a) cannot be 
included in the report required by paragraph (1) for 
the most recent fiscal year based on reliable and ac-
cessible data, the report shall include a plan for en-
suring that such data will be monitored within a de-
fined period of time. 
(4) UPDATE.— 
(A) IN
GENERAL.—For each fiscal year 
after the fiscal year in which the report re-
1445 
quired by subsection (b) is submitted to the ap-
propriate congressional committees, the Sec-
retary of Defense shall submit to such commit-
tees an update of the report required by para-
graph (1). 
(B) MATTERS
TO
BE
INCLUDED.—Each 
update of the report required by paragraph (1) 
shall also include the following: 
(i) For any performance measures 
that indicate a decreased level of perform-
ance from the prior year— 
(I) a description of the factors 
that led to such decreased level of per-
formance; and 
(II) plans to improve such level 
of performance. 
(ii) For any performance measures 
that remain unable to be monitored due to 
lack of reliable and accessible data, an up-
date on plans to improve the monitoring of 
data. 
(c) BRIEFING.—Not later than 180 days after the 
date on which the Secretary of Defense, acting through 
the Director of the Defense Security Cooperation Agency, 
submits to the appropriate congressional committees the
1446 
report required by subsection (b), the Comptroller General 
of the United States shall provide a briefing to such com-
mittees on the report, including an evaluation of the per-
formance measures developed and identified under sub-
section (a). 
SEC. 1285. REPORT AND BRIEFING ON ADMINISTRATIVE 
BUDGETING OF FOREIGN MILITARY SALES 
PROGRAM. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall provide a briefing to the con-
gressional defense committees and submit to the appro-
priate congressional committees a report on the method-
ology used by the Department of Defense to determine fu-
ture-year needs for administrative surcharges under the 
foreign military sales program. 
(b) MATTERS TO BE INCLUDED.—The briefing and 
report required by subsection (a) shall include the fol-
lowing: 
(1) A description of the methodology the De-
partment of Defense used to develop the overall ad-
ministrative budget of the foreign military sales pro-
gram and the administrative budgets for each other 
relevant component of the Department of Defense
1448 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—Except as otherwise provided, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the congressional defense committees; 
and 
(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Af-
fairs of the House of Representatives. 
(2) FOREIGN MILITARY SALES PROGRAM.—The 
term ‘‘foreign military sales program’’ means the 
program authorized under chapter 2 of the Arms 
Export Control Act (22 U.S.C. 2761 et seq.). 
Subtitle J—Matters Relating to 
Burma 
SEC. 1291. LIMITATION ON SECURITY ASSISTANCE AND SE-
CURITY COOPERATION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), for the period beginning on the date of the enactment 
of this subtitle and ending on the date described in sub-
section (c), the United States may not provide any security 
assistance or engage in any security cooperation with any 
of the military or security forces of Burma. 
(b) EXCEPTIONS; WAIVER.— 
(1) EXCEPTIONS.—
1449 
(A) CERTAIN
EXISTING
AUTHORITIES.— 
Notwithstanding subsection (a), the Secretary 
of Defense shall retain the authority granted by 
section 1253 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (22 U.S.C. 2151 
note). The limitation in subsection (a) of this 
section may not be construed to limit the au-
thority to provide the Government of Burma 
with assistance necessary to make available the 
activities described in subsection (a) of such 
section 1253. 
(B) HOSPITALITY.—Notwithstanding sub-
section (a), the Secretary of State and the 
United States Agency for International Devel-
opment may provide assistance authorized 
under part I of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq.) to provide hospi-
tality during research, dialogues, meetings, or 
other activities by the parties attending the 
Union 
Peace 
Conference 
21st 
Century 
Panglong or related processes seeking inclusive, 
sustainable reconciliation. 
(2) WAIVER.—The Secretary of State, with re-
spect to security assistance, and the Secretary of
1450 
State in consultation with the Secretary of Defense, 
with respect to security cooperation programs and 
activities of the Department of Defense, may waive 
on a case-by-case basis the limitation under sub-
section (a) if the Secretary submits to the appro-
priate congressional committees, not later than 30 
days before such waiver enters into effect— 
(A) a list of the activities and participants 
to which such waiver would apply; 
(B) a certification, including a justifica-
tion, that the waiver is in the national security 
interest of the United States; and 
(C) a certification that none of the partici-
pants included in the list described in subpara-
graph (A) have committed any of the acts de-
scribed in subparagraph (A) or (B) of section 
1282(b)(1) or committed any other gross viola-
tion of human rights, as such term is defined 
for purposes of section 362 of title 10, United 
States Code. 
(c) CERTIFICATION OF SIGNIFICANT PROGRESS.— 
The date described in this subsection is the earlier of the 
date that is 8 years after the date of the enactment of 
this subtitle or the date on which the Secretary of State
1451 
certifies to the appropriate congressional committees the 
following: 
(1) The military and security forces of 
Burma— 
(A) have demonstrated significant progress 
in abiding by international human rights stand-
ards and are undertaking meaningful security 
sector reform, including reforms that enhance 
transparency and accountability, to prevent fu-
ture abuses; 
(B) adhere to international humanitarian 
law; 
(C) pledge to stop future human rights 
abuses; 
(D) support efforts to carry out com-
prehensive independent investigations of alleged 
abuses; 
(E) are taking steps to hold accountable 
any members of such forces determined to be 
responsible for human rights abuses; and 
(F) cease their attacks against ethnic mi-
nority groups and participate in the conclusion 
of a nationwide cease-fire agreement, political 
accommodation, and constitutional change, in-
1452 
cluding the provision of citizenship to the 
Rohingya. 
(2) The Government of Burma, including the 
military and security forces— 
(A) allows full humanitarian access to 
communities in areas affected by conflict, in-
cluding Rohingya communities in Rakhine 
State; 
(B) cooperates with the United Nations 
High Commissioner for Refugees and organiza-
tions affiliated with the United Nations to en-
sure the protection of displaced persons and the 
safe, voluntary, sustainable, and dignified re-
turn of refugees and internally displaced per-
sons; 
(C) defines a transparent plan that in-
cludes— 
(i) a timeline for professionalizing the 
military and security forces; and 
(ii) a process by which the military 
withdraws from ownership or control of 
private-sector business enterprises and 
ceases involvement in the illegal trade in 
natural resources and narcotics; and
1453 
(D) establishes civilian control over the fi-
nances and assets of its military and security 
forces, including that military expenditures are 
subject to civilian oversight. 
(d) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this subtitle, and 
annually thereafter, the Secretary of Defense and 
the Secretary of State shall submit to the appro-
priate congressional committees a report on the 
strategy and plans for military-to-military engage-
ment between the United States Armed Forces and 
the military and security forces of Burma. 
(2) ELEMENTS
REQUIRED.—The report re-
quired under paragraph (1) shall include the fol-
lowing: 
(A) A description and assessment of the 
Government of Burma’s strategy for security 
sector reform, including any plans to withdraw 
the military from owning or controlling private- 
sector business entities and end involvement in 
the illegal trade in jade and other natural re-
sources, reforms to end corruption and illicit 
drug trafficking, and constitutional reforms to 
ensure civilian control.
1454 
(B) A list of ongoing military activities 
conducted by the United States Government 
with the Government of Burma, and a descrip-
tion of the United States strategy for future 
military-to-military engagements between the 
United States and Burma’s military and secu-
rity forces. 
(C) An assessment of the progress of the 
military and security forces of Burma towards 
developing a framework to implement human 
right reforms, including— 
(i) cooperation with civilian authori-
ties and independent international inves-
tigations to investigate and prosecute cases 
of human rights abuses; 
(ii) steps taken to demonstrate respect 
for and implementation of the laws of war; 
and 
(iii) a description of the elements of 
the military-to-military engagement be-
tween the United States and Burma that 
promote such implementation. 
(D) An assessment of progress on the 
peaceful settlement of armed conflicts between 
the Government of Burma and ethnic minority
1455 
groups, including actions taken by the military 
of Burma to adhere to cease-fire agreements, 
allow for safe, voluntary, sustainable, and dig-
nified returns of displaced persons to their 
homes, and withdraw forces from conflict zones. 
(E) An assessment of the manner and ex-
tent to which the Burmese military recruits and 
uses children as soldiers. 
(F) An assessment of the Burmese’s mili-
tary’s use of violence against women, sexual vio-
lence, or other gender-based violence as a tool 
of terror, war, or ethnic cleansing. 
(e) FORM.— 
(1) IN GENERAL.—The certification described 
in subsection (c) and the report required by sub-
section (d) shall be submitted in unclassified form 
but may include a classified annex. 
(2) 
CERTIFICATION.—The 
certification 
de-
scribed in subsection (c) shall be accompanied by a 
written justification in unclassified form, that may 
contain a classified annex, describing the Burmese 
military’s efforts to implement reforms, end impu-
nity for human rights abuses, and increase trans-
parency and accountability.
1456 
SEC. 1292. IMPOSITION OF EXISTING AND ADDITIONAL 
SANCTIONS FOR THE VIOLATION OF HUMAN 
RIGHTS AND THE COMMISSION OF HUMAN 
RIGHTS ABUSES IN BURMA. 
(a) SANCTIONS PURSUANT TO EXISTING AUTHORI-
TIES.—The President shall impose sanctions— 
(1) against officials in Burma, including Com-
mander in Chief of the Armed Forces of Myanmar 
Min Aung Hlaing, under the Global Magnitsky 
Human Rights Accountability Act (22 U.S.C. 2656 
note); and 
(2) against military-owned enterprises, includ-
ing the Myanmar Economic Corporation and Union 
of Myanmar Economic Holding, under the Burmese 
Freedom and Democracy Act (50 U.S.C. 1701 note), 
the Tom Lantos Block Burmese JADE (Junta’s 
Anti-Democratic Efforts) Act of 2008 (50 U.S.C. 
1701 note), and other relevant statutory authorities. 
(b) ADDITIONAL SANCTIONS.—For the 8-year period 
beginning on the date that is 270 days after the date of 
the enactment of this subtitle, the President shall impose 
the sanctions described in subsection (c) with respect to 
each foreign person that the President determines, based 
on credible evidence— 
(1) is a current or former senior official of the 
military or security forces of Burma who—
1457 
(A) knowingly perpetrated, ordered, or oth-
erwise directed serious human rights abuses in 
Burma; or 
(B) has taken significant steps to impede 
investigations or prosecutions of alleged serious 
human rights abuses, including against the 
Rohingya community in Rakhine State; 
(2) is an entity owned or controlled by any per-
son described in paragraph (1); 
(3) is an entity, such as the Myanmar Eco-
nomic Cooperation or the Myanmar Economic Hold-
ing Corporation, that is owned or controlled, directly 
or indirectly, by the military or security forces of 
Burma, including through collective or cooperative 
structures, from which one or more persons de-
scribed in paragraph (1) derive significant revenue 
or financial benefit; or 
(4) has knowingly— 
(A) provided significant financial, material, 
or technological support— 
(i) to a foreign person described in 
paragraph (1) in furtherance of any of the 
acts described in subparagraph (A) or (B) 
of such paragraph; or
1458 
(ii) to any entity owned or controlled 
by such person or an immediate family 
member of such person; or 
(B) received significant financial, material, 
or technological support from a foreign person 
described in paragraph (1) or an entity owned 
or controlled by such person or an immediate 
family member of such person. 
(c) SANCTIONS DESCRIBED; EXCEPTIONS.— 
(1) SANCTIONS.—The sanctions described in 
this subsection are the following: 
(A) ASSET
BLOCKING.—Notwithstanding 
the requirements of section 202 of the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1701), the exercise of all powers granted 
to the President by such Act to the extent nec-
essary to block and prohibit all transactions in 
all property and interests in property of a for-
eign person the President determines meets one 
or more of the criteria described in subsection 
(b) if such property and interests in property 
are in the United States, come within the 
United States, or are or come within the pos-
session or control of a United States person.
1459 
(B) INELIGIBILITY
FOR
ADMISSION.—In 
the case of a foreign person who is an indi-
vidual, such person shall be— 
(i) inadmissible to the United States; 
(ii) ineligible to receive a visa or other 
documentation to enter the United States; 
and 
(iii) otherwise ineligible to be admitted 
or paroled into the United States or to re-
ceive any other benefit under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(C) CURRENT VISAS REVOKED.— 
(i) The issuing consular officer or the 
Secretary of State, (or a designee of the 
Secretary of State) shall, in accordance 
with section 221(i) of the Immigration and 
Nationality Act (8 U.S.C. 1201(i)), revoke 
any visa or other entry documentation 
issued to a foreign person who is an indi-
vidual regardless of when the visa or other 
entry documentation is issued. 
(ii) A revocation under clause (i) shall 
take effect immediately and automatically 
cancel any other valid visa or entry docu-
1460 
mentation that is in the person’s posses-
sion. 
(D) APPLICABILITY TO FOREIGN ENTITIES 
AND FOREIGN GOVERNMENTS.—Subparagraphs 
(B) and (C) of this section shall also apply with 
respect to aliens who are officials of, agents or 
instrumentalities of, working or acting on be-
half of, or otherwise associated with, a foreign 
entity or foreign government that is a foreign 
person subject to the imposition of sanctions 
under subsection (b), if such aliens are deter-
mined by the Secretary of State to have know-
ingly authorized, conspired to commit, been re-
sponsible for, engaged in, or otherwise assisted 
or facilitated the actions described in such sub-
section. 
(2) EXCEPTION TO COMPLY WITH UNITED NA-
TIONS
HEADQUARTERS
AGREEMENT.—Sanctions 
under this section shall not apply with respect to an 
alien if admitting or paroling the alien into the 
United States is necessary to permit the United 
States to comply with the Agreement regarding the 
Headquarters of the United Nations, signed at Lake 
Success June 26, 1947, and entered into force No-
vember 21, 1947, between the United Nations and
1462 
(A) The Committee on Foreign Affairs, the 
Committee on Appropriations, and the Com-
mittee on Financial Services of the House of 
Representatives. 
(B) The Committee on Foreign Relations, 
the Committee on Appropriations, and the 
Committee on Banking, Housing, and Urban 
Affairs of the Senate. 
(g) EXCEPTION RELATING TO THE IMPORTATION OF 
GOODS.— 
(1) IN GENERAL.—The authorities and require-
ments to impose sanctions authorized under this 
subtitle shall not include the authority or require-
ment to impose sanctions on the importation of 
goods. 
(2) GOOD
DEFINED.—In this subsection, the 
term ‘‘good’’ means any article, natural or man- 
made substance, material, supply or manufactured 
product, including inspection and test equipment, 
and excluding technical data. 
(h) DEFINITIONS.—In this section— 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1001).
1463 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
(3) 
KNOWINGLY.—The 
term 
‘‘knowingly’’ 
means, with respect to conduct, a circumstance, or 
a result, means that a person has actual knowledge, 
or should have known, of the conduct, the cir-
cumstance, or the result. 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen, an alien law-
fully admitted for permanent residence to the 
United States, or any other individual subject 
to the jurisdiction of the United States; or 
(B) an entity organized under the laws of 
the United States or of any jurisdiction within 
the United States, including a foreign branch of 
such entity. 
SEC. 1293. GUIDANCE RELATING TO THE MINING SECTOR 
OF BURMA. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2015, the nongovernmental organization 
Global Witness estimated that the value of total pro-
duction 
of 
jade 
in 
Burma 
in 
2014 
was 
$31,000,000,000, almost 48 percent of the official
1464 
gross domestic product of Burma. As much as 80 
percent of that jade sold is smuggled out of Burma. 
(2) Burma’s military and associated entities, in-
cluding companies owned or controlled by Myanmar 
Economic Corporation and Myanmar Economic 
Holding Limited, their affiliated companies, and 
companies owned or controlled by current and 
former senior military officers or their family mem-
bers, are linked to the mining sector, including the 
gemstone industry, and benefit financially from 
widespread illegal smuggling of jade and rubies from 
Burma. 
(3) 
Illegal 
trafficking 
in 
precious 
and 
semiprecious stones from Burma, including the trade 
in high-value jade and rubies, deprives the people of 
Burma and the civilian government of critical rev-
enue and instead benefits military-linked entities, 
non-state armed groups, and transnational organized 
criminal networks. 
(4) In 2016, the Government of Burma began 
to take steps to reform aspects of the mining sector, 
but the Gemstone Law adopted in January 2019 
does not adequately address corruption and tax 
avoidance, conflicts of interest, or the factors fueling
1465 
conflict in Kachin State and other gemstone mining 
areas. 
(5) The lifting in October 2016 of United 
States sanctions on the importation of jade and 
jadeite and rubies from Burma allowed such 
gemstones to legally enter the United States market, 
but some retailers have refrained from sourcing 
gemstones of Burmese origin due to governance and 
reputational concerns. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) notwithstanding Burma’s ‘‘Trafficking in 
Persons’’ ranking, the President should continue to 
provide assistance to Burma, pursuant to the waiver 
authority under section 110(d)(4) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 
7107(d)(4)), in order to re-engage with the Govern-
ment of Burma with respect to the mining sector 
and should make available technical, capacity-build-
ing and other assistance through the Department of 
State or the United States Agency for International 
Development to support the Government of Burma 
in efforts to reform the gemstone industry; and 
(2) companies that seek to import to the United 
States gemstones or minerals that may be of Bur-
1466 
mese origin or articles of jewelry containing such 
gemstones should— 
(A) obtain such materials exclusively from 
entities that satisfy the transparency criteria 
described in subsection (d)(2) or from third 
parties that can demonstrate that they sourced 
the materials from entities that meet such cri-
teria; and 
(B) undertake robust due diligence proce-
dures in line with the ‘‘Due Diligence Guidance 
for Responsible Business Conduct’’ and ‘‘Due 
Diligence Guidance for Responsible Supply 
Chains of Minerals from Conflict-Affected and 
High-Risk Areas’’ promulgated by the Organi-
zation for Economic Cooperation and Develop-
ment. 
(c) LIST
OF PARTICIPATING WHITE-LIST ENTI-
TIES.—Not later than 120 days after the date of the en-
actment of this subtitle, and annually thereafter until the 
date described in subsection (e), the Secretary of State 
shall submit to the appropriate congressional committees, 
and publish on a publicly available website, a list of each 
entity described in subsection (d)(1) that— 
(1) participates in Burma’s mining sector;
1467 
(2) publicly discloses beneficial ownership, as 
such term is defined for purposes of the Myanmar 
Extractive 
Industry 
Transparency 
Initiative 
(‘‘Myanmar EITI’’); 
(3) is not owned or controlled, either directly or 
indirectly, by the Burmese military or security 
forces, any current or former senior Burmese mili-
tary officer, or any person sanctioned by the United 
States pursuant to any relevant sanctions authority; 
and 
(4) is making significant progress toward meet-
ing the criteria described in subsection (d)(2). 
(d) ENTITIES AND CRITERIA DESCRIBED.— 
(1) ENTITIES
DESCRIBED.—The entities de-
scribed in this subsection are the following: 
(A) Entities that produce or process pre-
cious and semiprecious gemstones. 
(B) Entities that sell or export precious 
and semiprecious gemstones from Burma or ar-
ticles of jewelry containing such gemstones. 
(2) CRITERIA
DESCRIBED.—The criteria de-
scribed in this subsection are the following: 
(A) The entity publicly discloses any politi-
cally exposed persons, officers, directors or ben-
1468 
eficial owners, as defined under the Myanmar 
EITI. 
(B) The entity publicly discloses valid au-
thorization, license, or permit to produce, proc-
ess, sell, or export minerals or gemstones, as 
applicable. 
(C) The entity publicly discloses payments 
to the Government of Burma, including tax and 
non-tax, license, or royalty payments, and other 
payments or contract terms as may be required 
under Myanmar EITI standards. 
(D) The entity undertakes due diligence, in 
line with the OECD Due Diligence Guidance 
for Responsible Supply Chains of Minerals from 
Conflict-Affected and High-Risk Areas, includ-
ing public reporting. 
(e) PERIODIC UPDATING.—The Secretary shall peri-
odically update the publicly available version of the list de-
scribed in subsection (c) as appropriate. 
(f) GUIDANCE
AND WHITE-LIST ENTITIES.—The 
Secretary shall issue guidance for entities in the United 
States private sector with respect to the best practices for 
supply-chain due diligence that are applicable to importa-
tion of gemstones or minerals that may be of Burmese 
origin or articles of jewelry containing such gemstones, in-
1469 
cluding with respect to transactions with entities approved 
for inclusion in the list published pursuant subsection (c), 
in order to mitigate potential risks and legal liabilities as-
sociated with the importation of such items. 
(g) TERMINATION.—The date described in this sec-
tion is the date on which the President certifies to the 
appropriate congressional committees that the Govern-
ment of Burma has taken substantial measures to reform 
the mining sector in Burma, including the following: 
(1) Require the mandatory disclosure of pay-
ments, permit and license allocations, project reve-
nues, contracts, and beneficial ownership, including 
the identification any politically exposed persons who 
are beneficial owners, consistent with the approach 
agreed under the Myanmar EITI and with due re-
gard for civil society participation. 
(2) Separate the commercial, regulatory, and 
revenue 
collection 
responsibilities 
within 
the 
Myanmar Gems Enterprise and other key state- 
owned enterprises to remove existing conflicts of in-
terest. 
(3) Monitor and undertake enforcement actions, 
as warranted, to ensure that entities— 
(A) adhere to environmental and social im-
pact assessment and management standards in
1470 
accordance with international responsible min-
ing practices, the country’s environmental con-
servation law, and other applicable laws and 
regulations; and 
(B) uphold occupational health and safety 
standards and codes of conduct that are aligned 
with the core labor standards of the Inter-
national Labour Organisation and with domes-
tic law. 
(4) Address the transparent and fair distribu-
tion of benefits from natural resources, including 
through local benefit-sharing. 
(5) Reform the process for valuation of 
gemstones at the mine-site, including developing an 
independent valuation system to prevent undervalu-
ation and tax evasion. 
(6) Require companies bidding for jade and 
ruby mining, finishing, or export permits to be inde-
pendently audited upon the request of the Govern-
ment of Burma and making the results of all such 
audits public. 
(7) Establish credible and transparent proce-
dures for permit allocations that are independent 
from external influence, including scrutiny of appli-
cants that prevents unscrupulous entities from gain-
1471 
ing access to concessions or the right to trade in 
minerals or gemstones. 
(8) Establish effective oversight of state-owned 
enterprises operating in such sector, including 
through parliamentary oversight or requirements for 
independent financial auditing. 
SEC. 1294. REPORT AND DETERMINATION ON ACCOUNT-
ABILITY FOR WAR CRIMES, CRIMES AGAINST 
HUMANITY, AND GENOCIDE IN BURMA. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this subtitle, the Secretary of 
State shall submit to the appropriate congressional com-
mittees a report that— 
(1) summarizes credible reports of serious 
human rights violations, including war crimes, com-
mitted against the Rohingya or other ethnic minori-
ties in Burma between 2012 and the date of the 
submission of the report; 
(2) describes any potential transitional justice 
mechanisms in Burma; 
(3) provides an analysis of whether the serious 
human rights violations summarized pursuant to 
paragraph (1) amount to war crimes, crimes against 
humanity, or genocide; and
1472 
(4) includes a determination of the Secretary 
whether— 
(A) the events that took place in the state 
of Rakhine in Burma, starting on August 25, 
2017, constitute war crimes, crimes against hu-
manity, or genocide; or 
(B) the situation faced by the Rohingya in 
Rakhine State, between 2012 and the date of 
the submission of the report, amounts to or has 
amounted to the crime of apartheid. 
(b) ELEMENTS.—The report required by subsection 
(a) shall also include each of the following: 
(1) A description of— 
(A) each incident for which there is cred-
ible evidence that the incident may constitute 
war crimes, crimes against humanity, or geno-
cide committed by the Burmese military or se-
curity forces against the Rohingya and other 
ethnic minorities, including the identities of any 
other actors involved in such incident; 
(B) the role of the civilian government in 
the commission of any such incidents; 
(C) each incident for which there is cred-
ible evidence that the incident may constitute 
war crime, crimes against humanity, or geno-
1473 
cide committed by violent extremist groups in 
Burma; 
(D) each attack on health workers, health 
facilities, health transport, or patients and, to 
the extent possible, the identities of any individ-
uals who engaged in or organized such incidents 
in Burma; and 
(E) to the extent possible, a description of 
the conventional and unconventional weapons 
used for any such crimes and the sources of 
such weapons. 
(2) A description and assessment, in consulta-
tion with the Administrator of the United States 
Agency for International Development, the Attorney 
General, and other heads of any other appropriate 
Federal departments or agencies, of the effectiveness 
of any programs that the United States has already 
undertaken to ensure accountability for war crimes, 
crimes against humanity, and genocide perpetrated 
against the Rohingya by the military and security 
forces of Burma, the Rakhine State government, 
pro-government militias, and all other armed groups 
operating fighting in Rakhine, including programs 
to—
1474 
(A) train civilian investigators within and 
outside of Burma and Bangladesh on how to 
document, investigate, develop findings of, iden-
tify, and locate alleged perpetrators of war 
crimes, crimes against humanity, or genocide in 
Burma; 
(B) promote and prepare for a transitional 
justice process or processes for the perpetrators 
of war crimes, crimes against humanity, and 
genocide occurring in the State of Rakhine in 
2017; and 
(C) document, collect, preserve, and pro-
tect evidence of war crimes, crimes against hu-
manity, and genocide in Burma, including by 
providing support for Burmese, Bangladeshi, 
foreign, and international nongovernmental or-
ganizations, the United Nations Human Rights 
Council’s investigative team, and other entities 
engaged in such investigative activities. 
(3) A detailed study of the feasibility and desir-
ability of potential transitional justice mechanisms 
for Burma, such as an international tribunal, a hy-
brid tribunal, or other international options, that in-
cludes—
1475 
(A) a discussion of the use of universal ju-
risdiction or of legal cases brought against the 
country of Burma by other sovereign countries 
at the International Court of Justice to address 
war crimes, crimes against humanity, and geno-
cide perpetrated in Burma; 
(B) recommendations on which transitional 
justice mechanisms the United States should 
support, why such mechanisms should be sup-
ported, and what type of support should be of-
fered; and 
(C) close consultation regarding transi-
tional justice mechanisms with Rohingya rep-
resentatives and those of other ethnic minorities 
who have suffered grave human rights abuses. 
(c) PROTECTION OF WITNESSES AND EVIDENCE.— 
The Secretary of State shall ensure that the identification 
of witnesses and physical evidence for purposes of the re-
port required by subsection (a) are not publicly disclosed 
in a manner that might place such persons at risk of harm 
or encourage the destruction of such evidence by the mili-
tary or Government of Burma. 
(d) CRIME OF APARTHEID.—In this section, the term 
‘‘crime of apartheid’’ means inhumane acts that—
1476 
(1) are of a character similar to the acts re-
ferred to in subparagraphs (A) through (H) of sec-
tion 1285(2); 
(2) are committed in the context of an institu-
tionalized regime of systematic oppression and domi-
nation by one racial group over any other racial 
group; and 
(3) are committed with the intention of main-
taining such regime. 
(e) AUTHORIZATION TO PROVIDE TECHNICAL AS-
SISTANCE.—The Secretary of State is authorized to pro-
vide assistance to support appropriate civilian or inter-
national entities that are undertaking the efforts described 
in subsection (f) with respect to war crimes, crimes 
against humanity, and genocide perpetrated by the mili-
tary and security forces of Burma, the Rakhine State gov-
ernment, pro-government militias, or any other armed 
groups fighting in Rakhine State. 
(f) EFFORTS AGAINST HUMAN RIGHTS ABUSES.— 
The efforts described in this subsection are the following: 
(1) Identifying suspected perpetrators of war 
crimes, crimes against humanity, and genocide. 
(2) Collecting, documenting, and protecting evi-
dence of such crimes and preserve the chain of cus-
tody for such evidence.
1477 
(3) Conducting criminal investigations. 
(4) Supporting investigations conducted by 
other countries, as appropriate. 
(g) AUTHORIZATION
FOR TRANSITIONAL JUSTICE 
MECHANISMS.—The Secretary of State, taking into ac-
count any relevant findings in the report required by sub-
section (a), is authorized to provide support for the cre-
ation and operation of transitional justice mechanisms, in-
cluding a potential hybrid tribunal, to prosecute individ-
uals suspected of committing war crimes, crimes against 
humanity, or genocide in Burma. 
SEC. 1295. DEFINITIONS. 
In this subtitle: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on Armed Services of the House 
of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Armed Services of the 
Senate. 
(2) CRIMES
AGAINST
HUMANITY.—The term 
‘‘crimes against humanity’’ includes, when com-
mitted as part of a widespread or systematic attack
1478 
directed against any civilian population, with knowl-
edge of the attack— 
(A) murder; 
(B) deportation or forcible transfer of pop-
ulation; 
(C) torture; 
(D) extermination; 
(E) enslavement; 
(F) rape, sexual slavery, or any other form 
of sexual violence of comparable severity; 
(G) persecution against any identifiable 
group or collectivity on political, racial, na-
tional, ethnic, cultural, religious, gender, or 
other grounds that are universally recognized as 
impermissible under international law; and 
(H) enforced disappearance of persons. 
(3) GENOCIDE.—The term ‘‘genocide’’ means 
any offense described in section 1091(a) of title 18, 
United States Code. 
(4) TRANSITIONAL JUSTICE.—The term ‘‘tran-
sitional justice’’ means the range of judicial, non-
judicial, formal, informal, retributive, and restorative 
measures employed by countries transitioning out of 
armed conflict or repressive regimes to redress leg-
1479 
acies of atrocities and to promote long-term, sustain-
able peace. 
(5) WAR CRIME.—The term ‘‘war crime’’ has 
the meaning given the term in section 2441(c) of 
title 18, United States Code. 
Subtitle K—Saudi Arabia Human 
Rights and Accountability 
SEC. 1296. REPORT ON INTELLIGENCE COMMUNITY AS-
SESSMENT RELATING TO THE KILLING OF 
WASHINGTON 
POST 
COLUMNIST 
JAMAL 
KHASHOGGI. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the appropriate congressional 
committees a report consisting of— 
(1) a determination and presentation of evi-
dence with respect to the advance knowledge and 
role of any current or former official of the Govern-
ment of Saudi Arabia or any current or former sen-
ior Saudi political figure over the directing, ordering, 
or tampering of evidence in the killing of Wash-
ington Post columnist Jamal Khashoggi; and 
(2) a list of foreign persons that the Director 
of National Intelligence has high confidence—
1480 
(A) were responsible for, or complicit in, 
ordering, controlling, or otherwise directing an 
act or acts contributing to or causing the death 
of Jamal Khashoggi; 
(B) knowingly and materially assisted, 
sponsored, or provided financial, material, or 
technological support for, or goods or services 
in support of, an activity described in subpara-
graph (A); or 
(C) impeded the impartial investigation of 
the killing of Jamal Khashoggi, including 
through the tampering of evidence relating to 
the investigation. 
(b) FORM.— 
(1) IN GENERAL.—The report required by sub-
section (a) shall be submitted in unclassified form, 
but may include a classified annex. 
(2) NAMES OF FOREIGN PERSONS LISTED.— 
The name of each foreign person listed in the report 
described in subsection (a)(2) shall be included in 
the unclassified portion of the report unless the Di-
rector of National Intelligence determines that such 
disclosure would undermine United States intel-
ligence sources and methods or threaten the national 
security interests of the United States.
1481 
(c) DEFINED.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate. 
(2) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
SEC. 1296A. SANCTIONS WITH RESPECT TO FOREIGN PER-
SONS 
THAT 
ENGAGE 
IN 
ACTIVITIES 
DE-
SCRIBED IN SECTION 1281(a)(2). 
(a) IMPOSITION OF SANCTIONS.—On and after the 
date that is 120 days after the date of the enactment of 
this Act, the sanctions described in subsection (b) shall 
be imposed with respect to each foreign person listed in 
the report described in section 1281(a)(2). 
(b) SANCTIONS DESCRIBED.—
1482 
(1) IN GENERAL.—The sanctions described in 
this subsection are the following: 
(A) INELIGIBILITY FOR VISAS AND ADMIS-
SION TO THE UNITED STATES.— 
(i) Inadmissibility to the United 
States. 
(ii) Ineligibility to receive a visa or 
other documentation to enter the United 
States. 
(iii) Ineligibility to otherwise be ad-
mitted or paroled into the United States or 
to receive any other benefit under the Im-
migration and Nationality Act (8 U.S.C. 
1101 et seq.). 
(B) CURRENT VISAS REVOKED.— 
(i) Revocation of any visa or other 
entry documentation regardless of when 
the visa or other entry documentation is or 
was issued. 
(ii) A revocation under clause (i) 
shall— 
(I) take effect immediately; and 
(II) automatically cancel any 
other valid visa or entry documenta-
1483 
tion that is in the foreign person’s 
possession. 
(2) EXCEPTION
TO
COMPLY
WITH
INTER-
NATIONAL
OBLIGATIONS.—Sanctions under para-
graph (1) shall not apply with respect to a foreign 
person if admitting or paroling the person into the 
United States is necessary to permit the United 
States to comply with the Agreement regarding the 
Headquarters of the United Nations, signed at Lake 
Success June 26, 1947, and entered into force No-
vember 21, 1947, between the United Nations and 
the United States, or other applicable international 
obligations. 
(3) WAIVER IN THE INTEREST OF NATIONAL 
SECURITY.—The President may waive the applica-
tion of this section with respect to a foreign person 
who is A–1 visa eligible and who is present in or 
seeking admission into the United States for pur-
poses of official business if the President determines 
and transmits to the appropriate congressional com-
mittees written notice and justification not later 
than 15 days before the granting of such waiver, 
that such a waiver is in the national security inter-
ests of the United States. 
(c) SUSPENSION OF SANCTIONS.—
1484 
(1) IN GENERAL.—The President may suspend 
in whole or in part the imposition of sanctions other-
wise required under this section for periods not to 
exceed 180 days if the President certifies to the ap-
propriate congressional committees that the fol-
lowing criteria have been met in Saudi Arabia: 
(A) The Government of Saudi Arabia has 
released any individual who is a journalist, 
blogger, human rights defender, advocate for 
religious liberty, or civil society activist detained 
by the Government of Saudi Arabia. 
(B) The Government of Saudi Arabia is 
cooperating in outstanding criminal proceedings 
in the United States in which a Saudi citizen or 
national departed from the United States while 
the citizen or national was awaiting trial or sen-
tencing for a criminal offense committed in the 
United States. 
(C) The Government of Saudi Arabia is re-
fraining from the obstruction of the free expres-
sion of opinion and restriction of individuals 
from engaging in public criticism of the political 
sphere. 
(D) The Government of Saudi Arabia has 
made verifiable commitments to cease the prac-
1485 
tice of harming citizens of Saudi Arabia con-
ducting peaceful dissent, whether or not those 
citizens reside in Saudi Arabia, including en-
forced repatriation, disappearance, arrest, im-
prisonment, or harassment. 
(E) The Government of Saudi Arabia has 
taken verifiable steps to hold accountable Saudi 
violators of human rights, whether or not those 
violations took place in Saudi Arabia. 
(F) The Government of Saudi Arabia has 
taken verifiable steps to repeal any law or regu-
lation that requires Saudi women to obtain ap-
proval from a male guardian in order to leave 
the country. 
(G) The Government of Saudi Arabia— 
(i) has made public the names of all 
individuals under prosecution for the mur-
der of Jamal Khashoggi and associated 
crimes and the details of the charges such 
individuals face; 
(ii) has made public the trial pro-
ceedings and all evidence against the ac-
cused; 
(iii) has invited international, inde-
pendent experts to monitor the trials;
1486 
(iv) has made public details of efforts 
to 
establish 
the 
location 
of 
Mr. 
Khashoggi’s remains and associated find-
ings and returned his body to his family; 
and 
(v) has made public the rationale for 
why ten of the individuals initially detained 
were later released without charge. 
(H) The Government of Saudi Arabia has 
disbanded any units of its intelligence or secu-
rity apparatus dedicated to the forced repatri-
ation of dissidents in other countries. 
(I) The Government of Saudi Arabia is co-
operating with efforts to investigate the murder 
of Jamal Khashoggi being conducted by law en-
forcement authorities in the United States and 
Turkey, or by the United Nations. 
(2) REPORT.—Accompanying the certification 
described in paragraph (1), the President shall sub-
mit to the appropriate congressional committees a 
report that contains a detailed description of Saudi 
Arabia’s adherence to the criteria described in the 
certification. 
(d) DEFINITIONS.—In this section:
1487 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on the Judiciary, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives; and 
(B) the Committee on Foreign Relations, 
the Committee on the Judiciary, and the Select 
Committee on Intelligence of the Senate. 
(3) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ has the meaning given such term in section 
595.304 of title 31, Code of Federal Regulations (as 
in effect on the day before the date of the enactment 
of this Act), except that such term does not include 
an entity (as such term is described in such section). 
(4) FOREIGN PERSON WHO IS A–1 VISA ELIGI-
BLE.—The term ‘‘foreign person who is A–1 visa eli-
gible’’ 
means 
an 
alien 
described 
in 
section 
101(a)(15)(A)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(A)(i)).
1488 
(5) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien law-
fully admitted for permanent residence to the 
United States; or 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the 
United States, including a foreign branch of 
such an entity. 
SEC. 1296B. REPORT ON SAUDI ARABIA’S HUMAN RIGHTS 
RECORD. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of State, 
in accordance with section 502B(c) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2304(c)), shall submit to the 
appropriate congressional committees a report in writing 
that— 
(1) includes the information required under 
paragraph (1) of such section 502B(c) with respect 
to Saudi Arabia; 
(2) describes the extent to which officials of the 
Government of Saudi Arabia, including members of 
the military or security services, are responsible for 
or complicit in gross violations of internationally rec-
ognized human rights, including violations of the
1489 
human rights of journalists, bloggers, human rights 
defenders, and those who support women’s rights or 
religious freedom; 
(3) describes violations of human rights in 
Saudi Arabia by officials of the Government of 
Saudi Arabia, including against journalists, bloggers, 
human rights defenders, and civil society activists; 
(4) describes United States actions to address 
Saudi violations of human rights, including against 
journalists, bloggers, human rights defenders, and 
civil society activists, including demands for clem-
ency review of these cases; 
(5) describes any intolerant content in edu-
cational materials published by Saudi Arabia’s Min-
istry of Education that are used in schools both in-
side Saudi Arabia and at schools throughout the 
world; and 
(6) describes United States actions to encour-
age Saudi Arabia to retrieve and destroy materials 
with intolerant material and revise teacher manuals 
and retrain teachers to reflect changes in edu-
cational materials and promote tolerance. 
(b) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex.
1490 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In the section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs and the 
Permanent Select Committee on Intelligence of the 
House of Representatives; and 
(2) the Committee on Foreign Relations and 
the Select Committee on Intelligence of the Senate. 
Subtitle L—Stop Financing of Al- 
Shabaab Act 
SEC. 1297. SHORT TITLE. 
This subtitle may be cited as the ‘‘Stop Financing 
of al-Shabaab Act’’. 
SEC. 1297A. SENSE OF CONGRESS AND STATEMENT OF POL-
ICY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Horn of Africa region remains integral 
to United States interests in Africa and the Indian 
Ocean region; and 
(2) United States assistance and diplomatic 
support for the Government of Somalia and its Fed-
eral Member States must be predicated upon meas-
urable progress toward defined benchmarks with re-
spect to efforts to counter al-Shabaab, including the
1491 
enforcement of measures to combat illicit trafficking 
that finances al-Shabaab. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States to— 
(1) combat any means by which al-Shabaab ob-
tains funding through illicit trafficking; 
(2) take into consideration compliance with and 
enforcement of the international bans on illicit traf-
ficking which finances al-Shabaab when providing 
United States assistance to any country; 
(3) notify countries receiving United States se-
curity assistance which are identified by the Sec-
retary of State or Secretary of Defense as major 
components of illicit trafficking routes that finance 
al-Shabaab, that continued assistance may depend 
on the full implementation of the obligations of such 
country to enforce as fully as possibly all restrictions 
against such trafficking; and 
(4) ensure that continued United States secu-
rity assistance to Kenya, including assistance coordi-
nated through the Kenya-United States Liaison Of-
fice, and assistance to multilateral institutions such 
as the African Union Mission in Somalia (AMISOM) 
to combat al-Shabaab recruitment, attacks, and 
other operations inside Kenya also includes assist-
1492 
ance to enable the Kenya Defense Forces to end fa-
cilitation of trafficking that funds al-Shabaab en-
countered by the Kenya Defense Forces. 
SEC. 1297B. REPORT. 
(a) REPORT.—Subject to subsection (b), not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of State, in coordination with the Secretary 
of Defense, shall submit to the relevant Congressional 
committees a report including the contents described in 
subsection (b). 
(b) CONTENTS.—Each report described in subsection 
(a) shall include the following: 
(1) Information on efforts made by troop con-
tributors to AMISOM to enforce any international 
bans on trafficked goods. 
(2) A recommendation, including a justification 
for such recommendation, with respect to making 
certain future United States security or other assist-
ance to any country conditional on enforcement of 
such international bans on illicit trafficking that fi-
nances al-Shabaab. 
(3) The steps the Secretary of State and the 
Secretary of Defense have taken to encourage end-
ing the facilitation of trafficking that finances al-
1493 
Shabaab by recipients of United States security as-
sistance. 
(4) A description of the engagement of employ-
ees and contractors of the Department of State with 
national and regional Somali authorities, including 
authorities in Jubaland, to encourage such Somali 
authorities to implement their counter-trafficking 
obligations. 
(5) A description of efforts taken by the govern-
ments of countries with nationals who purchase sig-
nificant amounts of trafficked goods that finance al- 
Shabaab and a description of the steps the Secretary 
of State has taken to encourage such compliance. 
(6) An assessment of prospective efforts to re-
duce the production and illicit trade of trafficked 
goods in Somalia, including the identification of al-
ternative livelihoods, and means of securing income. 
The assessment may include recommendations from 
the Administrator of the United States Agency for 
International Development. 
(c) CLASSIFIED INFORMATION.—Each report re-
quired under subsection (a) shall be submitted in unclassi-
fied form but may contain a classified annex. 
(d) DEFINITION.—In this section, the term ‘‘relevant 
Congressional committees’’ means—
1494 
(1) the Committee on Foreign Affairs and the 
Committee on Armed Services of the House of Rep-
resentatives; and 
(2) the Committee on Foreign Relations and 
the Committee on Armed Services of the Senate. 
TITLE XIII—COOPERATIVE 
THREAT REDUCTION 
SEC. 1301. FUNDING ALLOCATIONS. 
Of the $338,700,000 authorized to be appropriated 
to the Department of Defense for fiscal year 2020 in sec-
tion 301 and made available by the funding table in divi-
sion D for the Department of Defense Cooperative Threat 
Reduction Program established under section 1321 of the 
Department of Defense Cooperative Threat Reduction Act 
(50 U.S.C. 3711), the following amounts may be obligated 
for the purposes specified: 
(1) For strategic offensive arms elimination, 
$492,000. 
(2) 
For 
chemical 
weapons 
destruction, 
$12,856,000. 
(3) For global nuclear security, $33,919,000. 
(4) For cooperative biological engagement, 
$183,642,000. 
(5) For proliferation prevention, $79,869,000.
1495 
(6) For activities designated as Other Assess-
ments/Administrative Costs, $27,922,000. 
SEC. 1302. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION FUNDS. 
Funds appropriated pursuant to the authorization of 
appropriations in section 301 and made available by the 
funding table in division D for the Department of Defense 
Cooperative Threat Reduction Program shall be available 
for obligation for fiscal years 2020, 2021, and 2022. 
SEC. 1303. FUNDING FOR COOPERATIVE BIOLOGICAL EN-
GAGEMENT PROGRAM. 
(a) INCREASE.—Notwithstanding the amount set 
forth in section 1301(4) for cooperative biological engage-
ment and the amounts authorized to be appropriated in 
section 301 for operation and maintenance for the Depart-
ment of Defense Cooperative Threat Reduction Program, 
as specified in the corresponding funding table in section 
4301, the amount for cooperative biological engagement 
is hereby increased by $20,000,000. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 201 for research, develop-
ment, test, and evaluation, Defense-wide, as specified in 
the corresponding funding table in section 4201, for Ad-
1496 
vanced Innovative Technologies, line 096, is hereby re-
duced by $20,000,000. 
SEC. 1304. COOPERATIVE THREAT REDUCTION PROGRAM 
ENHANCEMENT. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense, in coordination 
with the Secretary of State, shall submit to the congres-
sional defense committees and the Committee on Foreign 
Affairs of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate a report regard-
ing the Cooperative Threat Reduction Program (estab-
lished pursuant to the Department of Defense Cooperate 
Threat Reduction Act (enacted as subtitle B of title XIII 
of the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na-
tional Defense Authorization Act for Fiscal Year 2015 (50 
U.S.C. 3701 et seq.)), including recommendations to im-
prove the implementation of such Program. 
TITLE XIV—OTHER 
AUTHORIZATIONS 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2020 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for
1497 
providing capital for working capital and revolving funds, 
as specified in the funding table in section 4501. 
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUC-
TION, DEFENSE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2020 for expenses, not oth-
erwise provided for, for Chemical Agents and Munitions 
Destruction, Defense, as specified in the funding table in 
section 4501. 
(b) USE.—Amounts authorized to be appropriated 
under subsection (a) are authorized for— 
(1) the destruction of lethal chemical agents 
and munitions in accordance with section 1412 of 
the Department of Defense Authorization Act, 1986 
(50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel 
of the United States that is not covered by section 
1412 of such Act. 
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2020 for ex-
penses, not otherwise provided for, for Drug Interdiction
1498 
and Counter-Drug Activities, Defense-wide, as specified in 
the funding table in section 4501. 
SEC. 1404. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2020 for ex-
penses, not otherwise provided for, for the Office of the 
Inspector General of the Department of Defense, as speci-
fied in the funding table in section 4501. 
SEC. 1405. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for 
fiscal year 2020 for the Defense Health Program for use 
of the Armed Forces and other activities and agencies of 
the Department of Defense for providing for the health 
of eligible beneficiaries, as specified in the funding table 
in section 4501. 
SEC. 1406. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for 
fiscal year 2020 for the National Defense Sealift Fund, 
as specified in the funding tables in section 4501.
1499 
Subtitle B—Other Matters 
SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 
DEPARTMENT OF DEFENSE-DEPARTMENT OF 
VETERANS AFFAIRS MEDICAL FACILITY DEM-
ONSTRATION FUND FOR CAPTAIN JAMES A. 
LOVELL HEALTH CARE CENTER, ILLINOIS. 
(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 
funds authorized to be appropriated by section 1405 and 
available for the Defense Health Program for operation 
and maintenance, $127,500,000 may be transferred by the 
Secretary of Defense to the Joint Department of Defense– 
Department of Veterans Affairs Medical Facility Dem-
onstration Fund established by subsection (a)(1) of sec-
tion 1704 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). 
For purposes of subsection (a)(2) of such section 1704, 
any funds so transferred shall be treated as amounts au-
thorized and appropriated specifically for the purpose of 
such a transfer. 
(b) USE OF TRANSFERRED FUNDS.—For the pur-
poses of subsection (b) of such section 1704, facility oper-
ations for which funds transferred under subsection (a) 
may be used are operations of the Captain James A. 
Lovell Federal Health Care Center, consisting of the 
North Chicago Veterans Affairs Medical Center, the Navy
1500 
Ambulatory Care Center, and supporting facilities des-
ignated as a combined Federal medical facility under an 
operational agreement covered by section 706 of the Dun-
can Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4500). 
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR 
ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fis-
cal year 2020 from the Armed Forces Retirement Home 
Trust Fund the sum of $64,300,000 for the operation of 
the Armed Forces Retirement Home. 
TITLE XV—AUTHORIZATION OF 
ADDITIONAL 
APPROPRIA-
TIONS FOR OVERSEAS CON-
TINGENCY OPERATIONS 
Subtitle A—Authorization of 
Appropriations 
SEC. 1501. PURPOSE. 
The purpose of this title is to authorize appropria-
tions for the Department of Defense for fiscal year 2020 
to provide additional funds for overseas contingency oper-
ations being carried out by the Armed Forces. 
SEC. 1502. PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2020 for procurement accounts for the Army,
1501 
the Navy and the Marine Corps, the Air Force, and De-
fense-wide activities, as specified in the funding table in 
section 4102. 
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION. 
Funds are hereby authorized to be appropriated for 
fiscal year 2020 for the use of the Department of Defense 
for research, development, test, and evaluation, as speci-
fied in the funding table in section 4202. 
SEC. 1504. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2020 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, as specified in the funding table in section 
4302. 
SEC. 1505. MILITARY PERSONNEL. 
Funds are hereby authorized to be appropriated for 
fiscal year 2020 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, military personnel 
accounts, as specified in the funding table in section 4402. 
SEC. 1506. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2020 for the use of the Armed Forces and other
1502 
activities and agencies of the Department of Defense for 
providing capital for working capital and revolving funds, 
as specified in the funding table in section 4502. 
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2020 for ex-
penses, not otherwise provided for, for Drug Interdiction 
and Counter-Drug Activities, Defense-wide, as specified in 
the funding table in section 4502. 
SEC. 1508. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2020 for ex-
penses, not otherwise provided for, for the Office of the 
Inspector General of the Department of Defense, as speci-
fied in the funding table in section 4502. 
SEC. 1509. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2020 for ex-
penses, not otherwise provided for, for the Defense Health 
Program, as specified in the funding table in section 4502.
1503 
Subtitle B—Financial Matters 
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this 
title are in addition to amounts otherwise authorized to 
be appropriated by this Act. 
SEC. 1512. SPECIAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this title for fiscal year 2019 
between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authoriza-
tions so transferred shall be merged with and be 
available for the same purposes as the authorization 
to which transferred. 
(2) LIMITATION.—The total amount of author-
izations that the Secretary may transfer under the 
authority of this subsection may not exceed 
$500,000,000. 
(b) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—Transfers under this section 
shall be subject to the same terms and conditions as 
transfers under section 1001.
1504 
(2) ADDITIONAL
LIMITATION
ON
TRANSFERS 
FOR DRUG INTERDICTION AND COUNTER DRUG AC-
TIVITIES.—The authority provided by subsection (a) 
may not be used to transfer any amount to Drug 
Interdiction and Counter Drug Activities, Defense- 
wide. 
(c) ADDITIONAL AUTHORITY.—The transfer author-
ity provided by this section is in addition to the transfer 
authority provided under section 1001. 
Subtitle C—Other Matters 
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND. 
(a) CONTINUATION OF PRIOR AUTHORITIES AND NO-
TICE AND REPORTING REQUIREMENTS.—Funds available 
to the Department of Defense for the Afghanistan Secu-
rity Forces Fund for fiscal year 2020 shall be subject to 
the conditions contained in— 
(1) subsections (b) through (f) of section 1513 
of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 428); 
and 
(2) section 1521(d)(1) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 130 Stat. 2577). 
(b) EQUIPMENT DISPOSITION.—
1505 
(1) ACCEPTANCE OF CERTAIN EQUIPMENT.— 
Subject to paragraph (2), the Secretary of Defense 
may accept equipment that is procured using 
amounts authorized to be appropriated for the Af-
ghanistan Security Forces Fund by this Act and is 
intended for transfer to the security forces of the 
Ministry of Defense and the Ministry of the Interior 
of the Government of Afghanistan, but is not accept-
ed by such security forces. 
(2) CONDITIONS
ON
ACCEPTANCE
OF
EQUIP-
MENT.—Before accepting any equipment under the 
authority provided by paragraph (1), the Com-
mander of United States forces in Afghanistan shall 
make a determination that such equipment was pro-
cured for the purpose of meeting requirements of the 
security forces of the Ministry of Defense and the 
Ministry of the Interior of the Government of Af-
ghanistan, as agreed to by both the Government of 
Afghanistan and the Government of the United 
States, but is no longer required by such security 
forces or was damaged before transfer to such secu-
rity forces. 
(3) ELEMENTS OF DETERMINATION.—In mak-
ing a determination under paragraph (2) regarding 
equipment, the Commander of United States forces
1506 
in Afghanistan shall consider alternatives to the ac-
ceptance of such equipment by the Secretary. An ex-
planation of each determination, including the basis 
for the determination and the alternatives consid-
ered, shall be included in the relevant quarterly re-
port required under paragraph (5). 
(4) TREATMENT AS DEPARTMENT OF DEFENSE 
STOCKS.—Equipment accepted under the authority 
provided by paragraph (1) may be treated as stocks 
of the Department of Defense upon notification to 
the congressional defense committees of such treat-
ment. 
(5) QUARTERLY REPORTS ON EQUIPMENT DIS-
POSITION.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act and 
every 90-day period thereafter during which the 
authority provided by paragraph (1) is exer-
cised, the Secretary shall submit to the congres-
sional defense committees a report describing 
the equipment accepted during the period cov-
ered by such report under the following: 
(i) This subsection. 
(ii) Section 1521(b) of the National 
Defense Authorization Act for Fiscal Year
1507 
2017 (Public Law 114–328; 130 Stat. 
2575). 
(iii) Section 1531(b) of the National 
Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 129 Stat. 
1088). 
(iv) Section 1532(b) of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National 
Defense Authorization Act for Fiscal Year 
2015 (Public Law 113–291; 128 Stat. 
3613). 
(v) Section 1531(d) of the National 
Defense Authorization Act for Fiscal Year 
2014 (Public Law 113–66; 127 Stat. 938; 
10 U.S.C. 2302 note). 
(B) ELEMENTS.—Each report under sub-
paragraph (A) shall include a list of all equip-
ment that was accepted during the period cov-
ered by such report and treated as stocks of the 
Department of Defense and copies of the deter-
minations made under paragraph (2), as re-
quired by paragraph (3). 
(c) SECURITY OF AFGHAN WOMEN.— 
(1) IN GENERAL.—Of the funds available to the 
Department of Defense for the Afghan Security
1508 
Forces Fund for fiscal year 2020, it is the goal that 
$45,500,000, but in no event less than $10,000,000, 
shall be used for— 
(A) the recruitment, integration, retention, 
training, and treatment of women in the Af-
ghan National Defense and Security Forces; 
and 
(B) the recruitment, training, and con-
tracting of female security personnel for future 
elections. 
(2) TYPES OF PROGRAMS AND ACTIVITIES.— 
Such programs and activities may include— 
(A) efforts to recruit and retain women 
into the Afghan National Defense and Security 
Forces, including the special operations forces; 
(B) programs and activities of the Direc-
torate of Human Rights and Gender Integra-
tion of the Ministry of Defense of Afghanistan 
and the Office of Human Rights, Gender and 
Child Rights of the Ministry of Interior of Af-
ghanistan; 
(C) development and dissemination of gen-
der and human rights educational and training 
materials and programs within the Ministry of
1509 
Defense and the Ministry of Interior of Afghan-
istan; 
(D) efforts to address harassment and vio-
lence against women within the Afghan Na-
tional Defense and Security Forces; 
(E) improvements to infrastructure that 
address the requirements of women serving in 
the Afghan National Defense and Security 
Forces, including appropriate equipment for fe-
male security and police forces, and transpor-
tation for policewomen to their station; 
(F) support for Afghanistan National Po-
lice Family Response Units; 
(G) security provisions for high-profile fe-
male police and military officers; and 
(H) programs to promote conflict preven-
tion, management, and resolution through the 
meaningful participation of Afghan women in 
the Afghan National Defense and Security 
Forces by exposing Afghan women and girls to 
the activities of and careers available with such 
forces, encouraging their interest in such ca-
reers, or developing their interest and skills nec-
essary for service in such forces; and
1510 
(I) enhancements to the recruitment pro-
grams of the Afghan National Defense and Se-
curity Forces through an aggressive program of 
advertising and market research targeted at 
prospective female recruits for such forces and 
at those who may influence prospective female 
recruits. 
(d) ASSESSMENT OF AFGHANISTAN PROGRESS ON 
OBJECTIVES.— 
(1) ASSESSMENT
REQUIRED.—Not later than 
June 1, 2020, the Secretary of Defense shall, in con-
sultation with the Secretary of State, submit to the 
Committee on Armed Services and the Committee on 
Foreign Affairs of the House of Representatives and 
the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate an assess-
ment describing— 
(A) the progress of the Government of the 
Islamic Republic of Afghanistan toward meeting 
shared security objectives; and 
(B) the efforts of the Government of the 
Islamic Republic of Afghanistan to manage, em-
ploy, and sustain the equipment and inventory 
provided under subsection (a).
1511 
(2) MATTERS TO BE INCLUDED.—In conducting 
the assessment required by paragraph (1), the Sec-
retary of Defense shall include each of the following: 
(A) A consideration of the extent to which 
the Government of Afghanistan has a strategy 
for, and has taken steps toward, increased ac-
countability and the reduction of corruption 
within the Ministry of Defense and the Ministry 
of Interior of Afghanistan. 
(B) A consideration of the extent to which 
the capability and capacity of the Afghan Na-
tional Defense and Security Forces have im-
proved as a result of Afghanistan Security 
Forces Fund investment, including through 
training, and an articulation of the metrics used 
to assess such improvements. 
(C) A consideration of the extent to which 
the Afghan National Defense and Security 
Forces have been able to increase pressure on 
the Taliban, al-Qaeda, the Haqqani network, 
the Islamic State of Iraq and Syria-Khorasan, 
and other terrorist organizations, including by 
re-taking territory, defending territory, and dis-
rupting attacks.
1512 
(D) A consideration of the distribution 
practices of the Afghan National Defense and 
Security Forces and whether the Government of 
Afghanistan is ensuring that supplies, equip-
ment, and weaponry supplied by the United 
States are appropriately distributed to, and em-
ployed by, security forces charged with fighting 
the Taliban and other terrorist organizations. 
(E) A consideration of the extent to which 
the Government of Afghanistan has designated 
the appropriate staff, prioritized the develop-
ment of relevant processes, and provided or re-
quested the allocation of resources necessary to 
support a peace and reconciliation process in 
Afghanistan. 
(F) A description of the ability of the Min-
istry of Defense and the Ministry of Interior of 
Afghanistan to manage and account for pre-
viously divested equipment, including a descrip-
tion of any vulnerabilities or weaknesses of the 
internal controls of such Ministry of Defense 
and Ministry of Interior and any plan in place 
to address shortfalls. 
(G) A description of the monitoring and 
evaluation systems in place to ensure assistance
1513 
provided under subsection (a) is used only for 
the intended purposes. 
(H) A description of any significant irreg-
ularities in the divestment of equipment to the 
Afghan National Defense and Security Forces 
during the period beginning on May 1, 2019, 
and ending on May 1, 2020, including any 
major losses of such equipment or any inability 
on the part of the Afghan National Defense and 
Security Forces to account for equipment so 
procured. 
(I) A description of the sustainment and 
maintenance costs required during the period 
beginning on May 1, 2019, and ending on May 
1, 2020, for major weapons platforms pre-
viously divested, and a plan for how the Afghan 
National Defense and Security Forces intends 
to maintain such platforms in the future. 
(J) A consideration of the extent to which 
the Government of Afghanistan is adhering to 
conditions for receiving assistance established in 
annual financial commitment letters or any 
other bilateral agreements with the United 
States.
1514 
(K) A consideration of the extent to which 
the Government of Afghanistan has made 
progress in achieving security sector bench-
marks as outlined by the United States-Afghan 
Compact (commonly known as the ‘‘Kabul 
Compact’’). 
(L) Such other factors as the Secretaries 
consider appropriate. 
(3) FORM.—The assessment required by para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
(4) WITHHOLDING OF ASSISTANCE FOR INSUF-
FICIENT PROGRESS.— 
(A) IN GENERAL.—If the Secretary of De-
fense determines, in coordination with the Sec-
retary of State and pursuant to the assessment 
under paragraph (1), that the Government of 
Afghanistan has made insufficient progress in 
the areas described in paragraph (2), the Sec-
retary of Defense shall— 
(i) withhold $480,000,000, to be de-
rived from amounts made available for as-
sistance for the Afghan National Defense 
and Security Forces, from expenditure or 
obligation until the date on which the Sec-
1515 
retary certifies to Congress that the Gov-
ernment of Afghanistan has made suffi-
cient progress; and 
(ii) notify Congress not later than 30 
days before withholding such funds. 
(B) WAIVER.—If the Secretary of Defense 
determines that withholding such assistance 
would impede the national security objectives of 
the United States by prohibiting, restricting, 
delaying, or otherwise limiting the provision of 
assistance, the Secretary may waive the with-
holding requirement under subparagraph (A) if 
the Secretary, in coordination with the Sec-
retary of State, certifies such determination to 
Congress not later than 30 days before the ef-
fective date of the waiver. 
(e) ADDITIONAL REPORTING REQUIREMENTS.—The 
Secretary of Defense shall include in the materials sub-
mitted in support of the budget for fiscal year 2021 that 
is submitted by the President under section 1105(a) of 
title 31, United States Code, each of the following: 
(1) The amount of funding provided in fiscal 
year 2019 through the Afghanistan Security Forces 
Fund to the Government of Afghanistan in the form 
of direct government-to-government assistance or on-
1516 
budget assistance for the purposes of supporting any 
entity of such government, including the Afghan Na-
tional Defense and Security Forces, the Afghan Min-
istry of Interior, or the Afghan Ministry of Defense. 
(2) The amount of funding provided and antici-
pated to be provided, as of the date of the submis-
sion of the materials, in fiscal year 2020 through 
such Fund in such form. 
(3) To the extent the amount described in para-
graph (2) exceeds the amount described in para-
graph (1), an explanation as to the reason why the 
such amount is greater and the specific entities and 
purposes that were supported by such increase. 
TITLE 
XVI—STRATEGIC 
PRO-
GRAMS, CYBER, AND INTEL-
LIGENCE MATTERS 
Subtitle A—Space Activities 
SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) ensuring opportunities for future competi-
tion in the National Security Space Launch program 
of the Air Force will decrease the overall cost of the 
program and increase the likelihood of success with 
respect to the Department of Defense stopping the
1517 
use of Russian-made RD–180 rocket engines, as re-
quired by section 1608 of the Carl Levin and How-
ard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 
10 U.S.C. 2271 note); and 
(2) while Congress supports robust competition 
within the National Security Space Launch program, 
Congress recognizes the importance of providing a 
regular launch manifest and incentives for a robust 
industrial base to support national security require-
ments. 
(b) PHASE TWO ACQUISITION STRATEGY.—In car-
rying out the phase two acquisition strategy, the Secretary 
of the Air Force— 
(1) shall ensure, except as provided by sub-
section (c), that launch services are procured only 
from National Security Space Launch providers that 
are offerors using launch vehicles or families of 
launch vehicles that meet all of the requirements of 
the Air Force for the delivery of all required pay-
loads to all reference orbits; and 
(2) may not substantially change the acquisition 
schedule or mission performance requirements. 
(c) COMPETITIVE PROCEDURES.—If the Secretary of 
the Air Force awards phase two contracts for more than
1518 
a total of 29 launches, the Secretary shall ensure that each 
such contract for any launch after the 29th launch is 
awarded using competitive procedures among all National 
Security Space Launch providers. 
(d) FUNDING FOR CERTIFICATION AND INFRASTRUC-
TURE.— 
(1) AUTHORITY.—Pursuant to section 2371b of 
title 10, United States Code, the Secretary of the 
Air Force shall enter into an agreement described in 
paragraph (2) with either National Security Space 
Launch providers that have not entered into a phase 
two contract for launch services occurring before fis-
cal year 2022 or National Security Space Launch 
providers that have entered into a phase two con-
tract but have not entered into a launch services 
agreement for such phase, or both. 
(2) AGREEMENTS.—An agreement described in 
this paragraph is an agreement that provides a Na-
tional Security Space Launch provider with not 
more than $500,000,000 for the provider to meet 
the certification and infrastructure requirements 
that are— 
(A) unique to national security space mis-
sions; and
1519 
(B) necessary for a phase two contract, in-
cluding such contracts described in subsection 
(c). 
(e) DOWN SELECT NOTIFICATION.—The Under Sec-
retary of Defense for Acquisition and Sustainment, in co-
ordination with the Secretary of the Air Force, shall sub-
mit to the appropriate congressional committees written 
notification of the two National Security Space Launch 
providers selected during fiscal year 2020 by the Secretary 
of the Air Force to be awarded phase two contracts not 
later than 10 days before the Secretary publicly announces 
such selection. The notification shall include, at a min-
imum— 
(1) an identification of the selected providers; 
(2) the evaluation criteria used in the selection; 
(3) the total costs to the Air Force for such 
contracts; and 
(4) a risk assessment of the selected providers 
in meeting national security requirements. 
(f) REPORT.—Not later than 45 days after the date 
on which the Secretary of the Air Force awards phase two 
contracts during fiscal year 2020, the Secretary shall sub-
mit to the appropriate congressional committees a report 
on—
1520 
(1) the total defense investments made with re-
spect to launch service agreements and engine devel-
opment for each National Security Space Launch 
provider so awarded such phase two contracts; and 
(2) how such investments in launch service pro-
viders were accounted for in the evaluation of the of-
fers for such phase two contracts. 
(g) 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 ‘‘phase two acquisition strategy’’ 
means the process by which the Secretary of the Air 
Force enters into phase two contracts and carries 
out launches under the National Security Space 
Launch program during fiscal years 2020 through 
2024. 
(3) The term ‘‘phase two contract’’ means a 
contract for launch services under the National Se-
curity Space Launch program during fiscal years
1521 
2020 through 2024, as described in solicitation 
number FA8811–19–R–0002 of the Air Force. 
SEC. 1602. PREPARATION TO IMPLEMENT PLAN FOR USE 
OF ALLIED LAUNCH VEHICLES. 
(a) PREPARATION.—The Secretary of Defense, in co-
ordination with the Director of National Intelligence, shall 
take actions necessary to prepare to implement the plan 
developed pursuant to section 1603 of the National De-
fense Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 130 Stat. 2584) regarding using allied launch 
vehicles to meet the requirements for achieving the policy 
relating to assured access to space set forth in section 
2273 of title 10, United States Code. 
(b) ACTIONS REQUIRED.—In carrying out subsection 
(a), the Secretary shall— 
(1) identify the satellites of the United States 
that would be appropriate to be launched on an al-
lied launch vehicle; 
(2) assess the relevant provisions of Federal 
law, regulations, and policies governing the launch of 
national security satellites and determine whether 
any legislative, regulatory, or policy actions (includ-
ing with respect to waivers) would be necessary to 
allow for the launch of a national security satellite 
on an allied launch vehicle; and
1522 
(3) address any certification requirements nec-
essary for such use of allied launch vehicles and the 
estimated cost, schedule, and actions necessary to 
certify allied launch vehicles for such use. 
(c) SUBMISSION TO CONGRESS.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the appropriate congres-
sional committees a report on preparing to implement the 
plan described in subsection (a), including information re-
garding each action required by paragraphs (1), (2), and 
(3) of subsection (b). 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate. 
SEC. 1603. ANNUAL DETERMINATION ON PLAN ON FULL IN-
TEGRATION AND EXPLOITATION OF OVER-
HEAD PERSISTENT INFRARED CAPABILITY. 
Section 1618(c) of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 10 
U.S.C. 2431 note) is amended by striking ‘‘for a fiscal
1523 
year’’ and inserting ‘‘for each fiscal year preceding fiscal 
year 2029’’. 
SEC. 1604. SPACE-BASED ENVIRONMENTAL MONITORING 
MISSION REQUIREMENTS. 
(a) NRO.— 
(1) PROCUREMENT.—The Director of the Na-
tional Reconnaissance Office shall procure a modern-
ized pathfinder program free-flyer satellite that— 
(A) addresses space-based environmental 
monitoring mission requirements; 
(B) reduces the risk that the Department 
of Defense experiences a gap in meeting such 
requirements during the period beginning Janu-
ary 1, 2023, and ending December 31, 2025; 
and 
(C) is launched not later than January 1, 
2023. 
(2) PLAN.—Not later than 60 days after the 
date of the enactment of this Act, the Director, in 
coordination with the Secretary of the Air Force, 
shall submit to the appropriate congressional com-
mittees a plan for the Director to procure and 
launch the satellite under paragraph (1), including 
with respect to—
1525 
(B) the Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘space-based environmental moni-
toring mission requirements’’ means the national se-
curity requirements for cloud characterization and 
theater weather imagery. 
SEC. 1605. PROTOTYPE PROGRAM FOR MULTI-GLOBAL 
NAVIGATION SATELLITE SYSTEM RECEIVER 
DEVELOPMENT. 
(a) PROTOTYPE MULTI-GNSS PROGRAM.—The Sec-
retary of Defense shall establish under the Space Develop-
ment Agency a program to prototype an M-code based, 
multi-global navigation satellite system receiver that is ca-
pable of receiving covered signals to increase the resilience 
and capability of military position, navigation, and timing 
equipment against threats to the Global Positioning Sys-
tem and to deter the likelihood of attack on the worldwide 
Global Positioning System by reducing the benefits of such 
an attack. 
(b) ELEMENTS.—In carrying out the program under 
subsection (a), the Secretary shall— 
(1) with respect to each covered signal that 
could be received by the prototype receiver under
1526 
such program, conduct an assessment of the relative 
benefits and risks of using that signal, including 
with respect to any existing or needed monitoring in-
frastructure that would alert users of the Depart-
ment of Defense of potentially corrupted signal in-
formation, and the cyber risks and challenges of in-
corporating such signals into a properly designed re-
ceiver; 
(2) ensure that monitoring systems are able to 
include any monitoring network of the United States 
or allies of the United States; 
(3) conduct an assessment of the benefits and 
risks, including with respect to the compatibility of 
non-United States global navigation satellite system 
signals with existing position, navigation, and timing 
equipment of the United States, and the extent to 
which the capability to receive such signals would 
impact current receiver or antenna design; and 
(4) conduct an assessment of the desirability of 
establishing such program in a manner that— 
(A) is a cooperative effort, coordinated 
with the Secretary of State, between the United 
States and the allies of the United States that 
may also have interest in funding a multi-global
1527 
navigation satellite system and M-code pro-
gram; and 
(B) the Secretary of Defense, in coordina-
tion with the Secretary of State, ensures that 
the United States has access to sufficient in-
sight into trusted signals of allied systems to 
assure potential reliance by the United States 
on such signals. 
(c) BRIEFING.—Not later than 90 days after the date 
of the enactment of this Act, the Director of the Space 
Development Agency, in coordination with the Air Force 
GPS User Equipment Program office, shall provide to the 
congressional defense committees a briefing on a plan to 
carry out the program under subsection (a) that in-
cludes— 
(1) the estimated cost, including total cost and 
out-year funding requirements; 
(2) the schedule for such program; 
(3) a plan for how the results of the program 
could be incorporated into future blocks of the Glob-
al Positioning System military user equipment pro-
gram; and 
(4) the recommendations and analysis contained 
in the study sponsored by the Department of De-
fense conducted by the MITRE Corporation on the
1528 
risks, benefits, and approaches to adding multi-glob-
al navigation satellite system capabilities to military 
user equipment. 
(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, the 
Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the Sen-
ate a report containing— 
(1) an explanation of how the Secretary intends 
to comply with section 1609 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 
2019 (Public Law 115–232; 132 Stat. 2110); 
(2) an outline of any potential cooperative ef-
forts acting in accordance with the North Atlantic 
Treaty Organization, the European Union, or Japan 
that would support such compliance; 
(3) an assessment of the potential to host, or 
incorporate through software-defined payloads, Glob-
al Positioning System M-code functionality onto al-
lied global navigation satellite system systems; and 
(4) an assessment of new or enhanced moni-
toring capabilities that would be needed to incor-
porate 
global 
navigation 
satellite 
system
1529 
functionality into weapon systems of the Depart-
ment. 
(e) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2020 for increment 2 of the acquisition of military 
Global Positioning System user equipment terminals, not 
more than 75 percent may be obligated or expended until 
the date on which the briefing has been provided under 
subsection (c) and the report has been submitted under 
subsection (d). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘allied systems’’ means— 
(A) the Galileo system of the European 
Union; 
(B) the QZSS system of Japan; and 
(C) upon designation by the Secretary of 
Defense, in consultation with the Director of 
National Intelligence— 
(i) the NAVIC system of India; and 
(ii) any similarly associated wide area 
augmentation systems. 
(2) The term ‘‘covered signals’’— 
(A) means global navigation satellite sys-
tem signals from— 
(i) allied systems; and
1530 
(ii) non-allied systems; and 
(B) includes both trusted signals and open 
signals. 
(3) The term ‘‘M-code’’ means, with respect to 
global navigation satellite system signals, military 
code that provides enhanced positioning, navigation, 
and timing capabilities and improved resistance to 
existing and emerging threats, such as jamming. 
(4) The term ‘‘non-allied systems’’ means— 
(A) the Russian GLONASS system; and 
(B) the Chinese Beidou system. 
(5) The term ‘‘open signals’’ means global navi-
gation satellite system that do not include encryption 
or other internal methods to authenticate signal in-
formation. 
(6) The term ‘‘trusted signals’’ means global 
navigation satellite system signals that incorporate 
encryption or other internal methods to authenticate 
signal information. 
SEC. 1606. COMMERCIAL SPACE SITUATIONAL AWARENESS 
CAPABILITIES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Secretary of the Air Force is respon-
sible for developing the hardware and software sys-
tems to provide space situational awareness data to
1531 
the Commander of the United States Strategic Com-
mand to meet warfighter requirements. 
(2) There have been significant delays and cost 
increases in the program of record that underpin 
space situational awareness. 
(3) The Secretary terminated the Joint Space 
Operations Center Mission Center and decided to 
operationally accept the Joint Space Operations 
Center Mission Center Increment 2 despite the fact 
that only three of 12 planned capabilities in Joint 
Space Operations Center Mission Center Increment 
2 were accepted for use in operations. 
(4) Multiple commercial vendors have the cur-
rent capability to detect, maintain custody of, and 
provide analytical products that can address the 
warfighter space situational awareness requirements 
that were not filled in the Joint Space Operations 
Center Mission Center and that have been impacted 
by significant delays in the program of record. 
(b) PROCUREMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Director of the 
Space Development Agency shall procure commercial 
space situational awareness services by awarding at least 
two contracts for such services.
1532 
(c) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2020 for the enterprise space battle management 
command and control, not more than 75 percent may be 
obligated or expended until the date on which the Sec-
retary of Defense, without delegation, certifies to the con-
gressional committees that the Secretary has awarded the 
contracts under subsection (b). 
(d) REPORT.—Not later than January 31, 2020, the 
Director of the Space Development Agency, in coordina-
tion with the Secretary of the Air Force, shall submit to 
the congressional defense committees a report on using 
commercial space situational awareness services to fill the 
space situational awareness requirements that were not 
filled in the Joint Space Operations Center Mission Cen-
ter. The report shall include the following: 
(1) A description of current domestic commer-
cial capabilities to detect and track space objects in 
low earth orbit below the 10 centimeter threshold of 
legacy systems. 
(2) A description of current domestic best-in- 
breed commercial capabilities that can meet such re-
quirements. 
(3) Estimates of the timelines, milestones, and 
funding requirements to procure a near-term solu-
1533 
tion to meet such requirements until the develop-
ment programs of the Air Force are projected to be 
operationally fielded. 
(e) COMMERCIAL SPACE SITUATIONAL AWARENESS 
SERVICES DEFINED.—In this section, the term ‘‘commer-
cial space situational awareness services’’ means commer-
cial space situational awareness processing software and 
data to address warfighter requirements and fill gaps in 
current space situational capabilities of the Air Force. 
SEC. 1607. INDEPENDENT STUDY ON PLAN FOR DETER-
RENCE IN SPACE. 
(a) FINDINGS.—Congress finds the following: 
(1) Threats to space systems of the United 
States have increased and continue to grow. 
(2) While the United States must invest in ca-
pabilities to defend such systems in the event of an 
attack in space, the United States must also identify 
and implement policies that will reduce the likelihood 
of such an attack. 
(3) The United States is developing new capa-
bilities for enhancing resilience of such systems. 
(4) However, the proper balance between active 
defense, resilience, and the still lagging investment 
area of reconstitution to enhance deterrence remains
1534 
unclear, as does the balance between classified and 
unclassified activities needed to create deterrence. 
(5) Independent analysis and assessment is nec-
essary to identify steps to increase deterrence in 
space. 
(b) INDEPENDENT STUDY.— 
(1) IN GENERAL.—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 
or other independent entity to conduct a study on 
deterrence in space. 
(2) MATTERS
INCLUDED.—The study under 
paragraph (1) shall include, at a minimum, the fol-
lowing: 
(A) An assessment of the existing range of 
major studies and writings on space deterrence 
and a comprehensive comparative analysis of 
the conclusions of such studies and writings. 
(B) An examination, using appropriate an-
alytical tools, of the approaches proposed by 
such studies and writings with respect to cre-
ating conditions of deterrence suitable for use 
in the space domain, including, at a minimum, 
an assessment of all aspects of deterrence in
1535 
space, including varying classification, strate-
gies to deny benefit or impose cost, and space 
mission assurance (including resilience, active 
defense, and reconstitution). 
(C) A determination, made either by ex-
tending such studies and writings or through 
new analysis, of a holistic and comprehensive 
theory of deterrence in space appropriate for 
use in defense planning. 
(D) An evaluation of existing policies, pro-
grams, and plans of the Department of Defense 
to provide an assessment of the likely effective-
ness of those policies, programs, and plans to 
achieve effective space deterrence. 
(c) ASSESSMENT BY DEFENSE POLICY BOARD.—Not 
later than 180 days after the date of the enactment of 
this Act, the Defense Policy Board shall submit to the Sec-
retary of Defense an assessment of the study under sub-
section (b)(1), including, at a minimum— 
(1) a determination of the soundness of the 
study; 
(2) a description of any disagreements the 
Board has with the conclusions of such study, in-
cluding recommended changes or clarifications to
1536 
such conclusions the Board determines appropriate; 
and 
(3) changes to the policies, programs, and plans 
of the Department of Defense that the Board rec-
ommends based on such study and the changes and 
clarifications described in paragraph (2). 
(d) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees, the Committee 
on Foreign Affairs of the House of Representatives, and 
the Committee on Foreign Relations of the Senate a re-
port that contains the following: 
(1) The study under subsection (b)(1), without 
change. 
(2) The assessment under subsection (c), with-
out change. 
(3) Based on such study and assessment, a de-
scription of any changes to the policies, programs, 
and plans of the Department of Defense that the 
Secretary recommends to enhance deterrence in 
space, including with respect to— 
(A) considerations and decision on reduc-
ing the opportunities and incentives for adver-
saries to attack space systems of the United 
States or allies of the United States;
1537 
(B) new architectures, including pro-
liferated systems, hosted payloads, non-tradi-
tional orbits, and reconstitution among others; 
(C) appropriate uses of partnering with 
both commercial entities and allies to improve 
deterrence in space; 
(D) necessary capabilities to enhance the 
protection of space systems to achieve improved 
deterrence; 
(E) bilateral, multilateral, and unilateral 
measures, including confidence-building meas-
ures, that could be taken to reduce the risk of 
miscalculation that would lead to an attack in 
space; 
(F) policies and capability requirements 
with regard to attribution of an attack in space; 
(G) policies with regard to retaliatory 
measures either in space or on the ground; 
(H) authorities with regard to decisions 
and actions to defend assets of the United 
States in space; and 
(I) changes to current war plans, routine 
operations (including information sharing), and 
demonstration and test procedures that could 
enhance the capability of the United States to
1538 
signal the intentions and capabilities of the 
United States in an effective manner. 
(e) BRIEFING.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary shall pro-
vide to the congressional defense committees, the Com-
mittee on Foreign Affairs of the House of Representatives, 
and the Committee on Foreign Relations of the Senate 
a briefing on the study under subsection (b)(1) and the 
assessment under subsection (c). 
SEC. 1608. RESILIENT ENTERPRISE GROUND ARCHITEC-
TURE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Air Force, to advance the 
security of the space assets of the Department of Defense, 
should— 
(1) expand on complimentary efforts within the 
Air Force that promote the adoption of a resilient 
enterprise ground architecture that is responsive to 
new and changing threats and can rapidly integrate 
new capabilities to make the warfighting force of the 
United States more resilient in a contested 
battlespace; and 
(2) prioritize the swift transition of space 
ground architecture to a common platform and le-
verage commercial capabilities in concurrence with
1539 
the 2015 intent memorandum of the Commander of 
the Air Force Space Command. 
(b) FUTURE ARCHITECTURE.—The Secretary of De-
fense shall, to the extent practicable— 
(1) develop future satellite ground architectures 
of the Department of Defense to be compatible with 
complimentary commercial systems that can support 
uplink and downlink capabilities with dual-band 
spacecraft; and 
(2) emphasize that future ground architecture 
transition away from stove-piped systems to a serv-
ice-based platform that provides members of the 
Armed Forces with flexible and adaptable capabili-
ties that— 
(A) use, as applicable, commercially avail-
able capabilities and technologies for increased 
resiliency and cost savings; and 
(B) builds commercial opportunity and in-
tegration across the range of resilient space sys-
tems.
1540 
SEC. 1609. DEMONSTRATION OF BACKUP AND COMPLEMEN-
TARY POSITIONING, NAVIGATION, AND TIM-
ING CAPABILITIES OF GLOBAL POSITIONING 
SYSTEM. 
Effective on June 1, 2019, section 1606 of the Na-
tional Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1725) is amended— 
(1) in subsection (c)(2), by striking ‘‘the date 
that is 18 months after the date of the enactment 
of this Act’’ and inserting ‘‘December 31, 2020’’; 
and 
(2) in subsection (d), by striking ‘‘18 months 
after the date of the enactment of this Act’’ and in-
serting ‘‘December 31, 2020’’. 
SEC. 1610. REPORT ON SPACE DEBRIS. 
(a) IN GENERAL.—Not later than 240 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
a report on the risks posed by man-made space debris in 
low-earth orbit, including— 
(1) recommendations with respect to the reme-
diation of such risks; and 
(2) outlines of plans to reduce the incident of 
such space debris.
1541 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Science, Space, and Technology of the 
House of Representatives; and 
(2) the Committee on Armed Services and Com-
mittee on Commerce, Science, and Transportation of 
the Senate. 
SEC. 1610A. STUDY ON LEVERAGING DIVERSE COMMER-
CIAL SATELLITE REMOTE SENSING CAPABILI-
TIES. 
(a) STUDY.—The Secretary of Defense, in consulta-
tion with the Director of National Intelligence, shall con-
duct a study on the status of the transition from the Na-
tional Geospatial-Intelligence Agency to the National Re-
connaissance Office of the leadership role in acquiring 
commercial satellite remote sensing data on behalf of the 
Department of Defense and the intelligence community 
(as defined in section 3 of the National Security Act of 
1947 (50 U.S.C. 3003). 
(b) ELEMENTS.—In conducting the study under sub-
section (a), the Secretary shall study—
1542 
(1) commercial geospatial intelligence require-
ments for the National Geospatial-Intelligence Agen-
cy and the combatant commands; 
(2) plans of the National Reconnaissance Office 
to meet the requirements specified in paragraph (1) 
through the acquisition of both medium- and high- 
resolution data from multiple commercial providers; 
and 
(3) plans of the National Reconnaissance Office 
to further develop such programs with commercial 
companies to continue to support, while also expand-
ing, adoption by the geospatial intelligence user com-
munity of the Department of Defense. 
(c) SUBMISSION.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the congressional defense committees, the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intelligence 
of the Senate a report on the study conducted under sub-
section (a).
1543 
Subtitle B—Defense Intelligence 
and Intelligence-Related Activities 
SEC. 1611. MODIFICATIONS TO ISR INTEGRATION COUNCIL 
AND ANNUAL BRIEFING REQUIREMENTS. 
(a) ISR INTEGRATION COUNCIL.—Subsection (a) of 
section 426 of title 10, United States Code, is amended 
to read as follows: 
‘‘(a) ISR INTEGRATION COUNCIL.—(1) The Under 
Secretary of Defense for Intelligence shall establish an In-
telligence, Surveillance, and Reconnaissance Integration 
Council— 
‘‘(A) to assist the Secretary of Defense in car-
rying out the responsibilities of the Secretary under 
section 105(a) of the National Security Act of 1947 
(50 U.S.C. 3038(a)); 
‘‘(B) to assist the Under Secretary with respect 
to matters relating to— 
‘‘(i) integration of intelligence and counter-
intelligence capabilities and activities under sec-
tion 137(b) of this title of the military depart-
ments, intelligence agencies of the Department 
of Defense, and relevant combatant commands; 
and
1544 
‘‘(ii) coordination of related developmental 
activities of such departments, agencies, and 
combatant commands; and 
‘‘(C) to otherwise provide a means to facilitate 
such integration and coordination. 
‘‘(2) The Council shall be composed of— 
‘‘(A) the Under Secretary, who shall chair the 
Council; 
‘‘(B) the directors of the intelligence agencies of 
the Department of Defense; 
‘‘(C) the senior intelligence officers of the 
armed forces and the regional and functional com-
batant commands; 
‘‘(D) the Director for Intelligence of the Joint 
Chiefs of Staff; and 
‘‘(E) the Director for Operations of the Joint 
Chiefs of Staff. 
‘‘(3) The Under Secretary shall invite the participa-
tion of the Director of National Intelligence (or a rep-
resentative of the Director) in the proceedings of the 
Council. 
‘‘(4) The Under Secretary may designate additional 
participants to attend the proceedings of the Council, as 
the Under Secretary determines appropriate.’’.
1545 
(b) ANNUAL BRIEFINGS.—Such section is further 
amended by striking subsections (b) and (c) and inserting 
the following new subsection (b): 
‘‘(b) ANNUAL BRIEFINGS ON THE INTELLIGENCE 
AND COUNTERINTELLIGENCE REQUIREMENTS
OF
THE 
COMBATANT COMMANDS.—(1) The Chairman of the Joint 
Chiefs of Staff shall provide to the congressional defense 
committees and the congressional intelligence committees 
a briefing on the following: 
‘‘(A) The intelligence and counterintelligence 
requirements, by specific intelligence capability type, 
of each of the relevant combatant commands. 
‘‘(B) For the year preceding the year in which 
the briefing is provided, the fulfillment rate for each 
of the relevant combatant commands of the validated 
intelligence and counterintelligence requirements, by 
specific intelligence capability type, of such combat-
ant command. 
‘‘(C) A risk analysis identifying the critical gaps 
and shortfalls in efforts to address operational and 
strategic requirements of the Department of Defense 
that would result from the failure to fulfill the vali-
dated intelligence and counterintelligence require-
ments of the relevant combatant commands.
1546 
‘‘(D) A mitigation plan to balance and offset 
the gaps and shortfalls identified under subpara-
graph (C), including with respect to spaceborne, air-
borne, ground, maritime, and cyber intelligence, sur-
veillance, and reconnaissance capabilities. 
‘‘(E) For the year preceding the year in which 
the briefing is provided— 
‘‘(i) the number of intelligence and coun-
terintelligence requests of each commander of a 
relevant combatant command determined by the 
Joint Chiefs of Staff to be a validated require-
ment, and the total of capacity of such requests 
provided to each such commander; 
‘‘(ii) with respect to such validated require-
ments— 
‘‘(I) the quantity of intelligence and 
counterintelligence capabilities or activities, 
by specific intelligence capability type, that 
the Joint Chiefs of Staff requested each 
military department to provide; and 
‘‘(II) the total of capacity of such re-
quests so provided by each such military 
department; and 
‘‘(iii) a qualitative assessment of the align-
ment of intelligence and counterintelligence ca-
1547 
pabilities and activities with the program of 
analysis for each combat support agency and 
intelligence center of a military service that is 
part of— 
‘‘(I) the Defense Intelligence Enter-
prise; and 
‘‘(II) the intelligence community. 
‘‘(2) The Under Secretary of Defense for Intelligence 
shall provide to the congressional defense committees and 
the congressional intelligence committees a briefing on 
short-, mid-, and long-term strategies to address the vali-
dated intelligence and counterintelligence requirements of 
the relevant combatant commands, including with respect 
to spaceborne, airborne, ground, maritime, and cyber in-
telligence, surveillance, and reconnaissance capabilities. 
‘‘(3) The briefings required by paragraphs (1) and 
(2) shall be provided at the same time that the President’s 
budget is submitted pursuant to section 1105(a) of title 
31 for each of fiscal years 2021 through 2025. 
‘‘(4) In this subsection: 
‘‘(A) The term ‘congressional intelligence com-
mittees’ has the meaning given that term in section 
3 of the National Security Act of 1947 (50 U.S.C. 
3003).
1548 
‘‘(B) The term ‘Defense Intelligence Enterprise’ 
means the organizations, infrastructure, and meas-
ures, including policies, processes, procedures, and 
products, of the intelligence, counterintelligence, and 
security components of each of the following: 
‘‘(i) The Department of Defense. 
‘‘(ii) The Joint Staff. 
‘‘(iii) The combatant commands. 
‘‘(iv) The military departments. 
‘‘(v) Other elements of the Department of 
Defense that perform national intelligence, de-
fense intelligence, intelligence-related, counter-
intelligence, or security functions. 
‘‘(C) The term ‘fulfillment rate’ means the per-
centage of combatant command intelligence and 
counterintelligence requirements satisfied by avail-
able, acquired, or realigned intelligence and counter-
intelligence capabilities or activities. 
‘‘(D) The term ‘intelligence community’ has the 
meaning given that term in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003).’’.
1549 
SEC. 1612. SURVEY AND REPORT ON ALIGNMENT OF INTEL-
LIGENCE COLLECTIONS CAPABILITIES AND 
ACTIVITIES WITH DEPARTMENT OF DEFENSE 
REQUIREMENTS. 
(a) SURVEY AND REVIEW.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the 
Under Secretary of Defense for Intelligence, in co-
ordination with the Chairman of the Joint Chiefs of 
Staff and the Director of National Intelligence, 
shall— 
(A) review the organization, posture, cur-
rent and planned investments, and processes of 
the intelligence collections capabilities and ac-
tivities, for the purpose of assessing the suffi-
ciency, integration, and interoperability of such 
capabilities and activities to support the current 
and future requirements of the Department of 
Defense; and 
(B) conduct a survey of each geographic 
and functional combatant command, with re-
spect to intelligence collections capabilities and 
activities, to assess— 
(i) the current state of the support of 
such capabilities and activities to military 
operations;
1550 
(ii) whether the posture of such capa-
bilities and activities is sufficient to ad-
dress the requirements of the Department 
of Defense; 
(iii) the extent to which such capabili-
ties and activities address gaps and defi-
ciencies with respect to the operational re-
quirements of the Global Campaign Plans, 
as identified in the most recent readiness 
reviews conducted by the Joint Staff; and 
(iv) whether current and planned in-
vestments in such capabilities and activi-
ties are sufficient to address near-, mid-, 
and long-term spaceborne, airborne, terres-
trial, and human collection capability re-
quirements. 
(2) ELEMENTS.—The survey and review under 
paragraph (1) shall include the following: 
(A) A comprehensive assessment of intel-
ligence collections capabilities and activities, 
and whether such capabilities and activities— 
(i) are appropriately postured and suf-
ficiently resourced to meet current and fu-
ture requirements of the Department of 
Defense;
1551 
(ii) are appropriately balanced to ad-
dress operational and strategic defense in-
telligence requirements; and 
(iii) are sufficiently integrated and 
interoperable between activities of the Mili-
tary Intelligence Program and the National 
Intelligence Program to respond to emerg-
ing requirements of the Department of De-
fense. 
(B) With respect to each geographic and 
functional combatant command— 
(i) information on the gaps and defi-
ciencies, by specific intelligence capability 
type, described in paragraph (1)(B)(iii); 
(ii) a review of the alignment of such 
gaps and deficiencies with the intelligence, 
surveillance, and reconnaissance submis-
sions to the integrated priorities list for 
the period beginning with the completion 
of the most recent readiness reviews con-
ducted by the Joint Staff and ending on 
the date of the commencement of the sur-
vey and review under subsection (a); and 
(iii) detailed information on the allo-
cation and realignment of intelligence col-
1552 
lections capabilities and activities to ad-
dress— 
(I) such gaps and deficiencies; 
and 
(II) such intelligence, surveil-
lance, and reconnaissance submis-
sions. 
(b) REPORT.— 
(1) SUBMISSION.—Not later than 270 days 
after the date of the enactment of this Act, the 
Under Secretary of Defense for Intelligence shall 
submit to the appropriate congressional committees 
a report on the findings of the Under Secretary with 
respect to the survey and review under subsection 
(a)(1). 
(2) CONTENT.—The report under paragraph 
(1) shall include— 
(A) an evaluation of— 
(i) the organization, posture, current 
and planned investments, and processes of 
the intelligence collections capabilities and 
activities, including the extent to which 
such capabilities and activities enable the 
geographic and functional combatant com-
mands to meet the operational and stra-
1553 
tegic requirements of the Department of 
Defense; 
(ii) the use or planned use by each ge-
ographic and functional combatant com-
mand of intelligence collections capabilities 
and activities available to such command 
to address operational and strategic re-
quirements of the Department of Defense; 
(iii) the gaps and deficiencies de-
scribed in subsection (a)(1)(B)(iii), if any, 
that prohibit each geographic and func-
tional combatant command from the most 
effective use of the intelligence collections 
capabilities and activities to address pri-
ority requirements of the Department of 
Defense; 
(iv) the accepted risk by the Secretary 
of Defense from the prioritization of cer-
tain Department of Defense requirements 
with respect to the allocation of intelligence 
collections capabilities and activities; and 
(v) the alignment and responsiveness 
of intelligence collections capabilities and 
activities with respect to the planning re-
quirements for the Program of Analysis of
1554 
each combat support agency that is part 
of— 
(I) the Defense Intelligence En-
terprise; and 
(II) the intelligence community; 
and 
(B) recommendations, if any, to improve 
the sufficiency, responsiveness, and interoper-
ability of intelligence collections capabilities and 
activities to fulfill the operational and strategic 
requirements of the Department of Defense. 
(3) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form without any 
designation relating to dissemination control, but 
may contain a classified annex. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
and 
(B) the congressional intelligence commit-
tees. 
(2) The term ‘‘combat support agency’’ has the 
meaning given that term in section 193(f) of title 
10, United States Code.
1556 
(1) by striking ‘‘fiscal year 2003’’ and inserting 
‘‘fiscal year 2020’’; and 
(2) by striking ‘‘$10,000,000’’ and inserting 
‘‘$16,000,000’’. 
SEC. 1614. INTELLIGENCE ASSESSMENT OF RELATIONSHIP 
BETWEEN WOMEN AND VIOLENT EXTREMISM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter, 
the Director of National Intelligence, in consultation with 
the Secretary of Defense, the Secretary of State, and the 
head of any element of the intelligence community the Di-
rector determines appropriate, shall submit to the appro-
priate congressional committees an intelligence assessment 
on the relationship between women and violent extremism 
and terrorism, including an assessment of— 
(1) the historical trends and current state of 
women’s varied roles in all aspects of violent extre-
mism and terrorism, including as recruiters, sympa-
thizers, perpetrators, and combatants, as well as 
peace-builders and preventers; 
(2) how women’s roles in all aspects of violent 
extremism and terrorism are likely to change in the 
near- and medium-term; 
(3) the extent to which the unequal status of 
women affects the ability of armed combatants and
1557 
terrorist groups to enlist or conscript women as com-
batants and perpetrators of violence; 
(4) how terrorist groups violate the rights of 
women and girls, including child, early, and forced 
marriage, abduction, sexual violence, and human 
trafficking, and the extent to which such violations 
contribute to the spread of conflict and terrorist ac-
tivities; and 
(5) opportunities to address the security risk 
posed by female extremists and leverage the roles of 
women in counterterrorism efforts. 
(b) CLASSIFICATION.—The assessment required 
under subsection (a) shall be submitted in unclassified 
form, but may include a classified annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Select Committee on Intelligence, the 
Committee on Foreign Relations, and the Committee 
on Armed Services, of the Senate; and 
(2) the Permanent Select Committee on Intel-
ligence, the Committee on Foreign Affairs, and the 
Committee on Armed Services, of the House of Rep-
resentatives.
1558 
SEC. 
1615. 
FUNDING 
FOR 
DEFENSE 
COUNTERINTEL-
LIGENCE AND SECURITY AGENCY. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 301 for Operation 
and Maintenance as specified in the corresponding funding 
table in section 4301, for Defense Security Service (line 
320) is hereby increased by $5,206,997, for purposes of 
acquiring advanced cyber threat detection sensors, hunt 
and response mechanisms, and commercial cyber threat 
intelligence to ensure Defense Industrial Base networks 
remain protected from nation state adversaries. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 101 for other procurement, 
Air Force, as specified in the corresponding funding table 
in section 4101, for Integrated personnel and pay system 
is hereby reduced by $5,206,997. 
SEC. 1616. REPORT ON POTENTIAL DEFENSE INTEL-
LIGENCE POLYGRAPH EXAMINATION MILI-
TARY TRANSITION PROGRAM. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit to the appropriate congres-
sional committees a report assessing the feasibility of es-
tablishing a Defense Intelligence Polygraph Examination
1559 
Military Transition Program for members of the Armed 
Forces transitioning to civilian employment. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) A review of the feasibility of establishing a 
program in the Department of Defense under which 
members of the Armed Forces with an active top se-
cret security clearance that provides for access to 
sensitive compartmented information and a current 
counterintelligence scope polygraph examination can 
be provided an opportunity to obtain an expanded 
scope polygraph (ESP) if the member receives a 
written offer of employment, subject to suitability or 
security vetting, with an element of the intelligence 
community or a contractor of such an element. 
(2) The cost to the Department of Defense for 
implementing such program and whether such cost 
could be shared by other departments or agencies of 
the Federal Government or the private sector. 
(3) The factors the Department needs to con-
sider in determining whether such program would be 
viable. 
(4) The obstacles that exist in implementing 
such program.
1560 
(5) Whether such a program could increase 
workforce diversity in the intelligence community. 
(6) Whether such a program could increase or 
decrease retention among members of the Armed 
Forces serving in defense intelligence roles. 
(7) Whether any changes are required to be 
made to policies of the Department or to Federal 
law to implement such a program. 
(8) Identification of the current average length 
of time in the intelligence community to investigate 
and adjudicate an initial and a periodic update top 
secret security clearance that provides for access to 
sensitive compartmented information and conduct an 
expanded scope polygraph. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate.
1561 
Subtitle C—Cyberspace-Related 
Matters 
SEC. 1621. NOTIFICATION REQUIREMENTS FOR SENSITIVE 
MILITARY CYBER OPERATIONS. 
Section 395 of title 10, United States Code, is 
amended— 
(1) in subsection (b)(3), by inserting ‘‘, signed 
by the Secretary,’’ after ‘‘written notification’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘and’’ after the semicolon at the end; 
(ii) by redesignating subparagraph 
(B) as subparagraph (C); and 
(iii) by inserting after subparagraph 
(A) the following new subparagraph: 
‘‘(B) is determined to— 
‘‘(i) have a medium or high collateral ef-
fects estimate; 
‘‘(ii) have a medium or high intelligence 
gain or loss; 
‘‘(iii) have a medium or high probability of 
political retaliation, as determined by the polit-
ical military assessment contained within the 
associated concept of operations;
1562 
‘‘(iv) have a medium or high probability of 
detection when detection is not intended; or 
‘‘(v) result in medium or high collateral ef-
fects; and’’; and 
(B) in paragraph (2)(B), by striking ‘‘out-
side the Department of Defense Information 
Networks to defeat an ongoing or imminent 
threat’’. 
SEC. 1622. QUARTERLY CYBER OPERATIONS BRIEFINGS. 
Subsection (b) of section 484 of title 10, United 
States Code, is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) An overview of the readiness of the Cyber 
Mission Force to perform assigned missions.’’. 
SEC. 1623. CYBER POSTURE REVIEW. 
Section 1644 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91) is amend-
ed— 
(1) in subsection (a), by inserting ‘‘, not later 
than December 31, 2022, and quadrennially there-
after,’’ before ‘‘conduct’’;
1563 
(2) in subsection (b), by striking ‘‘the review’’ 
and inserting ‘‘each review’’; 
(3) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘The review’’ and inserting ‘‘Each 
review’’; 
(B) by redesignating paragraph (9) as 
paragraph (10); and 
(C) by inserting after paragraph (8) the 
following new paragraph: 
‘‘(9) An assessment of the potential costs, bene-
fits, and value, if any, of establishing a cyber force 
as a separate uniformed service.’’; 
(4) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘the 
cyber’’ and inserting ‘‘each cyber’’; 
(B) in paragraph (2), by striking ‘‘The re-
port’’ and inserting ‘‘Each report’’; and 
(C) by striking paragraph (3); and 
(5) in subsection (e), by striking ‘‘period begin-
ning on the date that is five years after the date of 
the enactment of this Act and ending on the date 
that is 10 years after such date of enactment’’ and 
inserting ‘‘each eight-year period that begins from
1564 
the date of each review conducted under subsection 
(a)’’. 
SEC. 1624. TIER 1 EXERCISE OF SUPPORT TO CIVIL AU-
THORITIES FOR A CYBER INCIDENT. 
Section 1648 of the John S. McCain National De-
fense Authorization Act for Fiscal Year 2019 is amend-
ed— 
(1) in subsection (a), by striking ‘‘The’’ and in-
serting ‘‘Not later than February 1, 2020, the’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2020 for the Department of Defense for the 
White House Communications Agency, not more than 90 
percent of such funds may be obligated or expended until 
the initiation of the tier 1 exercise required under sub-
section (a).’’. 
SEC. 1625. EVALUATION OF CYBER VULNERABILITIES OF 
MAJOR WEAPON SYSTEMS OF THE DEPART-
MENT OF DEFENSE. 
Section 1647 of the National Defense Authorization 
Act for Fiscal Year 2016 is amended by adding at the 
end the following new subsections:
1565 
‘‘(f) WRITTEN NOTIFICATION.—If the Secretary de-
termines that the Department will not complete an evalua-
tion of the cyber vulnerabilities of each major weapon sys-
tem of the Department by the date specified in subsection 
(a)(1), the Secretary shall provide to the congressional de-
fense committee written notification relating to each such 
incomplete evaluation. Such a written notification shall in-
clude the following: 
‘‘(1) An identification of each major weapon 
system requiring such an evaluation and the antici-
pated date of completion. 
‘‘(2) A justification for the inability to complete 
such an evaluation by the date specified in sub-
section (a)(1). 
‘‘(g) REPORT.—The Secretary, acting through the 
Assistant Secretary of Defense for Acquisition and 
Sustainment, shall provide a report to the congressional 
defense committees upon completion of the requirement 
for an evaluation of the cyber vulnerabilities of each major 
weapon system of the Department under this section. 
Such report shall include the following: 
‘‘(1) An identification of cyber vulnerabilities of 
each major weapon system requiring mitigation. 
‘‘(2) An identification of current and planned 
efforts to address the cyber vulnerabilities of each
1566 
major weapon system requiring mitigation, including 
efforts across the doctrine, organization, training, 
materiel, leadership and education, personnel, and 
facilities of the Department. 
‘‘(3) A description of joint and common cyber 
vulnerability mitigation solutions and efforts, includ-
ing solutions and efforts across the doctrine, organi-
zation, training, materiel, leadership and education, 
personnel, and facilities of the Department. 
‘‘(4) A description of lessons learned and best 
practices 
regarding 
evaluations 
of 
the 
cyber 
vulnerabilities and cyber vulnerability mitigation ef-
forts relating to major weapon systems. 
‘‘(5) A description of efforts to share lessons 
learned and best practices regarding evaluations of 
the cyber vulnerabilities and cyber vulnerability miti-
gation efforts of major weapon systems across the 
Department. 
‘‘(6) An identification of measures taken to in-
stitutionalize evaluations of cyber vulnerabilities of 
major weapon systems. 
‘‘(7) Information relating to guidance, proc-
esses, procedures, or other activities established to 
mitigate 
or 
address 
the 
likelihood 
of 
cyber 
vulnerabilities of major weapon systems by incorpo-
1567 
ration of lessons learned in the research, develop-
ment, test, evaluation, and acquisition cycle, includ-
ing promotion of cyber education of the acquisition 
workforce. 
‘‘(8) Any other matters the Secretary deter-
mines relevant.’’. 
SEC. 1626. EXTENSION OF THE CYBERSPACE SOLARIUM 
COMMISSION. 
Paragraph (1) of section 1652(k) of the John S. 
McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232) is amended by striking 
‘‘2019’’ and inserting ‘‘2020’’. 
SEC. 1627. AUTHORITY TO USE OPERATION AND MAINTE-
NANCE FUNDS FOR CYBER OPERATIONS-PE-
CULIAR 
CAPABILITY 
DEVELOPMENT 
PROJECTS. 
(a) IN GENERAL.—The Secretary of Defense and 
each Secretary concerned may obligate and expend not 
more than $3,000,000 of amounts authorized to be appro-
priated for operation and maintenance in each of fiscal 
years 2020 through 2022 to carry out cyber operations- 
peculiar capability development projects. 
(b) CERTIFICATION.—For each development project 
initiated under the authority provided for in subsection 
(a), the Commander of U.S. Cyber Command shall certify
1568 
to the congressional defense committees that each project 
is determined to be cyber operations-peculiar. 
(c) NOTIFICATION.—Not later than 15 days after ex-
ercising the authority provided for in subsection (a), the 
Secretary of Defense shall notify the congressional defense 
committees of such exercise. 
(d) REPORT.—Not later than December 31 of each 
year through 2022, the Secretary of Defense shall submit 
to the congressional defense committees a report on ex-
penditures made pursuant to the authority provided for 
in subsection (a). Each such report shall include a full 
description and evaluation of each of the cyber operations- 
peculiar capability development projects that is the subject 
of each such expenditure, definitions and standards for 
cyber operations-peculiar requirements, transition plans, 
and any other matters the Secretary determines relevant. 
SEC. 1628. NOTIFICATION OF DELEGATION OF AUTHORI-
TIES TO THE SECRETARY OF DEFENSE FOR 
MILITARY OPERATIONS IN CYBERSPACE. 
(a) IN GENERAL.—The Secretary of Defense shall 
provide written notification to the Committee on Armed 
Services of the House of Representatives and the Com-
mittee on Armed Services of the Senate of authorities dele-
gated to the Secretary by the President for military oper-
ations in cyberspace that are otherwise held by the Na-
1569 
tional Command Authority, not later than 15 days after 
any such delegation. Such notification shall include the 
following: 
(1) A description of the authorities delegated to 
the Secretary. 
(2) A description of relevant documents, includ-
ing execute orders, issued by the Secretary in ac-
cordance with such authorities. 
(3) A list of countries in which such authorities 
may be utilized. 
(4) A description of authorized activities to be 
conducted or planned to be conducted pursuant to 
such authorities. 
(5) Defined military objectives relating to such 
authorities. 
(b) PROCEDURES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish and submit to the Committee on 
Armed Services of the House of Representatives and 
the Committee on Armed Services of the Senate pro-
cedures for complying with the requirements of sub-
section (a), consistent with the national security of 
the United States and the protection of operational 
integrity. The Secretary shall promptly notify the 
Committee on Armed Services of the House of Rep-
1570 
resentatives and the Committee on Armed Services 
of the Senate in writing of any changes to such pro-
cedures at least 14 days prior to the adoption of any 
such changes. 
(2) SUFFICIENCY.—The Committee on Armed 
Services of the House of Representatives and the 
Committee on Armed Services of the Senate shall 
ensure that committee procedures designed to pro-
tect from unauthorized disclosure classified informa-
tion relating to national security of the United 
States are sufficient to protect the information that 
is submitted to the committees pursuant to this sec-
tion. 
(3) NOTIFICATION IN EVENT OF UNAUTHOR-
IZED DISCLOSURE.—In the event of an unauthorized 
disclosure of authorities covered by this section, the 
Secretary of Defense shall ensure, to the maximum 
extent practicable, that the Committee on Armed 
Services of the House of Representatives and the 
Committee on Armed Services of the Senate are no-
tified immediately. Notification under this paragraph 
may be verbal or written, but in the event of a 
verbal notification, a written notification signed by 
the Secretary shall be provided by not later than 48 
hours after the provision of such verbal notification.
1571 
SEC. 1629. LIMITATION OF FUNDING FOR CONSOLIDATED 
AFLOAT NETWORKS AND ENTERPRISE SERV-
ICES. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2020 for 
the Consolidated Afloat Networks and Enterprise Serv-
ices, not more than 85 percent of such funds may be obli-
gated or expended until the Secretary of Defense, in co-
ordination with the Chief Information Officer of the De-
partment of Defense, certifies to the congressional defense 
committees that the recommendations in the Audit of Con-
solidated Afloat Networks and Enterprise Services Secu-
rity Safeguards (DODIG–2019–072) have been imple-
mented. 
SEC. 1630. ANNUAL MILITARY CYBERSPACE OPERATIONS 
REPORT. 
(a) IN GENERAL.—Not later than March 1 of each 
year, the Secretary of Defense shall provide to the con-
gressional defense committees a written report detailing 
all military cyberspace operations conducted in the pre-
vious calendar year. For each such operation each such 
report shall include the following: 
(1) An identification of the objective and pur-
pose. 
(2) Impacted information technology infrastruc-
ture, by location.
1572 
(3) A description of tools and capabilities uti-
lized. 
(4) An identification of the Cyber Mission 
Force team, or other Department of Defense entity 
or unit, that conducted such operation, and sup-
porting teams, entities, or units. 
(5) A description of the infrastructure and plat-
forms on which such operation occurred. 
(6) A description of relevant legal, operational, 
and funding authorities, including Execute Orders 
and Deployment Orders. 
(7) Information relating to the total amount of 
funding required and associated program elements. 
(8) Any other matters the Secretary determines 
relevant. 
(b) CLASSIFICATION.—The Secretary of Defense 
shall provide each report required under subsection (a) at 
a classification level the Secretary determines appropriate. 
(c) LIMITATION.—This section does not apply to 
cyber-enabled military information support operations. 
(d) DEFINITION.—In this section, the term ‘‘military 
cyberspace operations’’ means defensive and offensive— 
(1) cyber effects enabling operations, activities, 
and missions; and
1573 
(2) cyber effects operations, activities, and mis-
sions. 
SEC. 1631. REPORT ON SYNCHRONIZATION OF EFFORTS RE-
LATING TO CYBERSECURITY IN THE DE-
FENSE INDUSTRIAL BASE. 
(a) REPORT.—Not later than May 1, 2020, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on efforts, and roles and responsibil-
ities, relating to cybersecurity in the Defense Industrial 
Base. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) Definitions for ‘‘Controlled Unclassified In-
formation’’ (CUI) and ‘‘For Official Use Only’’ 
(FOUO), as well as policies regarding protecting in-
formation designated as such. 
(2) A comprehensive list of Department of De-
fense programs to assist the Defense Industrial Base 
with cybersecurity compliance requirements of the 
Department. 
(3) An evaluation of the resources and utiliza-
tion of Department programs to assist the Defense 
Industrial Base in complying with cybersecurity 
compliance requirements referred to in paragraph 
(2).
1574 
(4) Optimal levels of resourcing required for ac-
tivities, programs, and other Department efforts to 
assess and monitor compliance by the Defense In-
dustrial Base with such cybersecurity compliance re-
quirements. 
(5) Roles and responsibilities of the Under Sec-
retary of Defense for Acquisition and Sustainment, 
the Chief Information Officer, the Chief Manage-
ment Officer, the Director of the Protecting Critical 
Technologies Task Force, and the Secretaries of the 
military services relating to the following: 
(A) Establishing and ensuring compliance 
with cybersecurity standards, regulations, and 
policies. 
(B) Deconflicting existing cybersecurity 
standards, regulations, and policies. 
(C) Coordinating with and providing as-
sistance to the Defense Industrial Base for cy-
bersecurity matters, particularly such relates to 
the issues described in paragraphs (2), (3), and 
(8). 
(6) Efforts to enhance the Department’s visi-
bility into its entire supply chain without violating 
privity.
1576 
SEC. 1632. BRIEFINGS ON THE STATUS OF THE NATIONAL 
SECURITY 
AGENCY 
AND 
UNITED 
STATES 
CYBER COMMAND PARTNERSHIP. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act and quarterly thereafter, 
the Secretary of Defense and the Director of National In-
telligence shall provide to the congressional defense com-
mittees and the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate briefings on the 
nature of the National Security Agency and United States 
Cyber Command’s current and future partnership. Brief-
ings under this section shall terminate on January 1, 
2022. 
(b) ELEMENTS.—Each briefing under this section 
shall include the following: 
(1) Status updates on the current and future 
National Security Agency-United States Cyber Com-
mand partnership efforts. 
(2) Executed documents, written memoranda of 
agreements or understandings, and policies issued 
governing such current and future partnership. 
(3) Projected long-term efforts. 
(4) Updates related to the assessment required 
under section 1642 of the National Defense Author-
ization Act for Fiscal Year 2017 (relating to limita-
1577 
tion on termination of dual-hat arrangement for 
Commander of the United States Cyber Command; 
Public Law 114–328). 
SEC. 1633. MODIFICATION OF CYBER SCHOLARSHIP PRO-
GRAM. 
Section 2200a(a)(1) of title 10, United States Code, 
is amended by striking ‘‘or advanced degree, or a certifi-
cation,’’ and inserting ‘‘advanced degree, or certificate’’. 
SEC. 1634. REPORT ON CYBERSECURITY TRAINING PRO-
GRAMS. 
Not later than 240 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report that ac-
counts for all of the efforts, programs, initiatives, and in-
vestments of the Department of Defense to train elemen-
tary, secondary, and postsecondary students in fields re-
lated to cybersecurity, cyber defense, and cyber operations. 
The report shall— 
(1) include information on the metrics used to 
evaluate such efforts, programs, initiatives, and in-
vestments, and identify overlaps or redundancies 
across the various efforts, programs, initiatives, and 
investments; and 
(2) address how the Department leverages such 
efforts, programs, initiatives, and investments in the
1578 
recruitment and retention of both the civilian and 
military cyberworkforces. 
SEC. 1635. NATIONAL SECURITY PRESIDENTIAL MEMORAN-
DUMS RELATING TO DEPARTMENT OF DE-
FENSE OPERATIONS IN CYBERSPACE. 
Not later than 30 days after the date of the enact-
ment of this Act, the President shall provide the congres-
sional defense committees with a copy of all National Se-
curity Presidential Memorandums relating to Department 
of Defense operations in cyberspace. 
SEC. 1636. CYBERSECURITY DEFENSE ACADEMY PILOT 
PROGRAM. 
(a) PROGRAM REQUIRED.—The Secretary of Defense 
carry out a pilot program under which the Secretary shall 
seek to enter into a public-private partnership with eligible 
cybersecurity organizations to train and place veterans as 
cybersecurity personnel within the Department of Defense. 
The public-private partnership entered into under this 
subsection shall be known as the ‘‘Cybersecurity Defense 
Academy’’. 
(b) ACTIVITIES.—The Cybersecurity Defense Acad-
emy shall provide educational courses in topics relating to 
cybersecurity, including the following: 
(1) Cybersecurity analysis. 
(2) Cybersecurity penetration testing.
1579 
(3) Cybersecurity threat hunting. 
(4) Cybersecurity advanced exploitation. 
(5) Linux systems administration. 
(6) Robotics process automation analysis. 
(c) PLACEMENT OF GRADUATES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish a process under which an individual 
who has completed a course of study at the Cyberse-
curity Defense Academy may be placed in a cyberse-
curity-related position within the Department of De-
fense. 
(2) WAIVER
OF
CERTIFICATION.—The Sec-
retary of Defense shall waive the certification re-
quirements set forth in Department of Defense Di-
rectives 8570 and 8140 with respect to the initial 
placement of an individual described in paragraph 
(1) if the Secretary Determines that the training 
provided to the individual by the Cybersecurity De-
fense Academy meets or exceeds the level of training 
required by such directives. 
(d) ELIGIBLE CYBERSECURITY ORGANIZATION DE-
FINED.—In this section, the term ‘‘eligible cybersecurity 
organizton’’ means an nonprofit or for-profit organization 
that—
1580 
(1) has a history of working with state and 
local governments; 
(2) is accredited by the American National 
Standards Institute; 
(3) has experience placing veterans in cyberse-
curity positions; 
(4) does not charge fees to servicemembers or 
veterans for taking a cybersecurity course; and 
(5) aligns aptitude and psychometric selection 
with cybersecurity career choice. 
(e) INITIAL REPORT.—Not later than 90 days after 
the date one which the 50th graduate of the Cybersecurity 
Defense Academy is placed in the Department of Defense, 
the Secretary of Defense shall submit to the congressional 
defense committees a report that includes the following: 
(1) The number of individuals who graduated 
from the Cybersecurity Defense Academy. 
(2) The number of such individuals who were 
directly placed in cybersecurity positions with em-
ployers. 
(3) The efficiency and effectiveness (speed of 
entry and candidate selection) based on aptitude and 
psychometric tools utilized to allocate veterans to cy-
bersecurity roles.
1581 
(4) The benefits or burdens of permanently es-
tablishing the Cybersecurity Defense Academy. 
(5) Recommendations identifying any specific 
actions that should be carried out if the program 
under this section should become permanent. 
(6) Recommendations for any changes to De-
partment of Defense Directives 8570 and 8140. 
(f) TERMINATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the program under this section shall ter-
minate on the date that is five years after the date 
of the enactment of this Act. 
(2) CONTINUATION.—The Secretary of Defense 
may continue the program after the termination 
date applicable under paragraph (1) if the Secretary 
determines that continuation of the program after 
that date is advisable and appropriate. If the Sec-
retary determines to continue the program after that 
date, the Secretary shall do the following: 
(A) Not later than 180 days after the date 
on which the report is submitted under sub-
section (e), the Secretary shall submit to the 
congressional defense committees a report de-
scribing the reasons for the determination to 
continue the program.
1583 
Law 112–81; 125 Stat. 1576), as most recently amended 
by section 1670 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232; 132 Stat. 2157), is further amended in paragraph 
(1) by striking ‘‘2023’’ and inserting ‘‘2024’’. 
(b) ACQUISITION COSTS.—Paragraph (2) of such sec-
tion is amended— 
(1) by redesignating subparagraph (G) as sub-
paragraph (I); and 
(2) by inserting after subparagraph (F) the fol-
lowing new subparagraphs: 
‘‘(G) For the 10-year period following the 
date of the report, an estimate of the relative 
percentage of acquisition costs of the military 
departments, and of the entire Department of 
Defense, represented by the costs to the De-
partment of Defense to modernize and recapi-
talize the nuclear weapons enterprise. 
‘‘(H) A plan covering the 25-year period 
following the date of the report that— 
‘‘(i) covers the research and develop-
ment and production relating to nuclear 
weapons that are being modernized or sus-
tained, including with respect to—
1584 
‘‘(I) associated delivery systems 
or platforms that carry nuclear weap-
ons; 
‘‘(II) nuclear command and con-
trol systems; and 
‘‘(III) facilities, infrastructure, 
and critical skills; and 
‘‘(ii) includes estimated timelines for 
such research and development and pro-
duction, and the estimated acquisition and 
life cycle costs, including estimated cost 
ranges if necessary, to modernize or re-
capitalize each system.’’. 
(c) TRANSFER OF PROVISION.— 
(1) CODIFICATION.—Such section 1043, as 
amended by subsections (a) and (b), is— 
(A) transferred to chapter 24 of title 10, 
United States Code; 
(B) inserted after section 492; 
(C) redesignated as section 492a; and 
(D) amended— 
(i) in the enumerator, by striking 
‘‘SEC.’’ and inserting ‘‘§’’; and 
(ii) in the section heading—
1585 
(I) by striking the period at the 
end; and 
(II) by conforming the typeface 
and typestyle, including capitalization, 
to the typeface and typestyle as used 
in the section heading of section 491 
of such title. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 24 of title 10, 
United States Code, is amended by inserting after 
the item relating to section 492 the following new 
item: 
‘‘492a. Annual report on the plan for the nuclear weapons stockpile, nuclear 
weapons complex, nuclear weapons delivery systems, and nu-
clear weapons command and control system.’’. 
SEC. 1642. BRIEFINGS ON MEETINGS HELD BY THE NU-
CLEAR WEAPONS COUNCIL. 
Section 179 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) SEMIANNUAL BRIEFINGS.—Not later than 30 
days after the date of the enactment of the National De-
fense Authorization Act for Fiscal Year 2020, and semi-
annually thereafter, the Council shall— 
‘‘(1) provide to the congressional defense com-
mittees a briefing on, with respect to the period cov-
ered by the briefing—
1586 
‘‘(A) the dates on which the Council met; 
and 
‘‘(B) a summary of any decisions made by 
the Council pursuant to subsection (d) at each 
such meeting, except with respect to budget de-
cisions relating to the budget of the President 
for a fiscal year if the request for that fiscal 
year has not been submitted to Congress as of 
the date of the briefing; and 
‘‘(2) submit to such committees at the time of 
the briefing— 
‘‘(A) any decision memoranda relating to 
the decisions specified in paragraph (1)(B); and 
‘‘(B) a summary of the rationale and con-
siderations that informed such decision.’’. 
SEC. 1643. ELIMINATION OF CONVENTIONAL REQUIRE-
MENT FOR LONG-RANGE STANDOFF WEAPON. 
Subsection (a) of section 217 of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 113– 
66; 127 Stat. 706), as amended by section 1662 of the 
John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2152), 
is amended to read as follows:
1587 
‘‘(a) LONG-RANGE STANDOFF WEAPON.—The Sec-
retary of the Air Force shall develop a follow-on air- 
launched cruise missile to the AGM–86 that— 
‘‘(1) achieves initial operating capability for nu-
clear missions prior to the retirement of the nuclear- 
armed AGM–86; and 
‘‘(2) is capable of internal carriage and employ-
ment for nuclear missions on the next-generation 
long-range strike bomber.’’. 
SEC. 1644. EXTENSION OF ANNUAL BRIEFING ON THE 
COSTS OF FORWARD-DEPLOYING NUCLEAR 
WEAPONS IN EUROPE. 
Section 1656(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1124) is amended— 
(1) by striking ‘‘2021’’ and inserting ‘‘2024’’; 
and 
(2) by inserting ‘‘, the Committee on Foreign 
Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate’’ 
after ‘‘the congressional defense committees’’.
1588 
SEC. 1645. TEN-YEAR EXTENSION OF PROHIBITION ON 
AVAILABILITY OF FUNDS FOR MOBILE VARI-
ANT OF GROUND-BASED STRATEGIC DETER-
RENT MISSILE. 
Section 1664 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2615), as most recently amended by section 1666 of the 
John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232), is amended by 
striking ‘‘for any of fiscal years 2017 through 2020’’ and 
inserting ‘‘for any of fiscal years 2017 through 2030’’. 
SEC. 1646. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
DEPLOYMENT OF LOW-YIELD BALLISTIC MIS-
SILE WARHEAD. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2020 
for the Department of Defense may be used to deploy the 
W76–2 low-yield warhead. 
SEC. 1647. REPORT ON MILITARY-TO-MILITARY DIALOGUE 
TO REDUCE THE RISK OF MISCALCULATION 
LEADING TO NUCLEAR WAR. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense, in coordination 
with the Secretary of State, shall submit to the congres-
sional defense committee, the Committee on Foreign Af-
fairs of the House of Representatives, and the Committee
1589 
on Foreign Relations of the Senate a report containing 
the following: 
(1) A description of— 
(A) current military-to-military discussions 
of the United States with counterparts from 
governments of foreign countries to reduce the 
risk of miscalculation, unintended consequences, 
or accidents that could precipitate a nuclear 
war; and 
(B) bilateral and multilateral agreements 
to which the United States is a party that ad-
dress such risks. 
(2) An assessment conducted jointly by the Sec-
retary and the Chairman of the Joint Chiefs of Staff 
of the policy and operational necessity, risks, bene-
fits, and costs of establishing military-to-military 
discussions with Russia, Iran, China, and North 
Korea to address such risks. 
SEC. 1648. PLAN ON NUCLEAR COMMAND, CONTROL, AND 
COMMUNICATIONS SYSTEMS. 
(a) PLAN.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in coordination with the Commander of the United States 
Strategic Command, shall submit to the appropriate con-
1590 
gressional committees a plan on the future of the nuclear 
command, control, and communications systems. 
(b) MATTERS INCLUDED.—The plan under sub-
section (a) shall address the following: 
(1) Near- and long-term plans and options to 
recapitalize the nuclear command, control, and com-
munications systems to ensure the resilience of such 
systems. 
(2) Requirements for such systems, including 
with respect to survivability and reliability. 
(3) The risks and benefits of replicating the 
current architecture for such systems as of the date 
of the plan. 
(4) The risks and benefits of using different ar-
chitectures for such systems, including, at a min-
imum, using hosted payloads. 
(5) Whether such architectures should be classi-
fied or unclassified. 
(6) Requirements and plans to ensure the secu-
rity of the supply chain of nuclear command, con-
trol, and communications systems. 
(7) Timelines and general cost estimates for 
long-term investments in such systems. 
(8) Options for potential negotiation with ad-
versaries, including with respect to agreements to
1591 
not target nuclear command, control, and commu-
nications systems through kinetic, nonkinetic, or 
cyber attacks. 
(9) Any other matters the Secretary determines 
appropriate. 
(c) INTERIM BRIEFING.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary, 
in coordination with the Commander, shall provide to the 
congressional defense committees a briefing on the plan 
under subsection (a). 
SEC. 1649. INDEPENDENT STUDY ON POLICY OF NO-FIRST- 
USE OF NUCLEAR WEAPONS. 
(a) STUDY.—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 a study on 
the United States adopting a policy to not use nuclear 
weapons first. 
(b) MATTERS INCLUDED.—The study under sub-
section (a) shall include the following: 
(1) An assessment of the benefits of a policy to 
not use nuclear weapons first in reducing the risk of 
miscalculation in a crisis. 
(2) An assessment of the likely reactions of the 
allies of the United States with respect to the United
1592 
States adopting such a policy and how any negative 
reactions could be mitigated, including the value of 
engaging such allies to offer credible extended deter-
rence assurances. 
(3) An assessment of which foreign countries 
have stated or adopted such a policy. 
(4) An assessment of how adversaries of the 
United States might view such a policy. 
(5) An assessment of the benefits and risks of 
such a policy with respect to nuclear nonprolifera-
tion. 
(6) An assessment of changes in force posture 
and force requirements, if any, and costs or savings, 
that such a policy would entail. 
(7) Any other matters the Secretary determines 
appropriate. 
(c) SUBMISSION TO DOD.—Not later than 210 days 
after the date of the enactment of this Act, the federally 
funded research and development center shall submit to 
the Secretary the study under subsection (a). 
(d) SUBMISSION TO CONGRESS.—Not later than 240 
days after the date of the enactment of this Act, the Sec-
retary shall submit to the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations
1593 
of the Senate the study under subsection (a), without 
change. 
(e) FORM.—The study under subsection (a) shall be 
submitted under subsections (c) and (d) in unclassified 
form, but may include a classified annex. 
SEC. 1650. INDEPENDENT STUDY ON RISKS OF NUCLEAR 
TERRORISM AND NUCLEAR WAR. 
(a) STUDY.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall seek to enter into an agreement with the National 
Academy of Sciences to conduct a study on the potential 
risks of nuclear terrorism and nuclear war. 
(b) MATTERS INCLUDED.—The study under sub-
section (a) shall— 
(1) quantify the potential risks of nuclear ter-
rorism and nuclear war, including the level of uncer-
tainty; 
(2) assess prior literature on such risks; 
(3) assess the role that quantitative risk anal-
ysis and other disciplines can play in quantifying 
such risks, including the limitations of such analysis 
and disciplines; 
(4) assess the extent to which the nuclear strat-
egy of the United States is consistent with the risks
1594 
of nuclear terrorism and nuclear war identified in 
the study; and 
(5) provide recommendations as to whether fun-
damental assumptions about the national security 
strategy of the United States might need to be re-
considered. 
(c) SUBMISSION.—Not later than one year after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the congressional defense committees the study 
under subsection (a), without change. 
(d) FORM.—The study shall be submitted under sub-
section (c) in unclassified form, but may include a classi-
fied annex. 
SEC. 1651. CONSIDERATION OF BUDGET MATTERS AT 
MEETINGS OF NUCLEAR WEAPONS COUNCIL. 
Section 179 of title 10, United States Code, as 
amended by section 1642, is further amended— 
(1) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(4) The Director of Cost Assessment and Pro-
gram Evaluation of the Department of Defense, the 
Director of the Office of Management and Budget of 
the National Nuclear Security Administration, the 
Director for Cost Estimating and Program Evalua-
tion of the National Nuclear Security Administra-
1595 
tion, and the Director of the Office of Management 
and Budget shall attend the meetings of the Coun-
cil.’’; and 
(2) in subsection (c), by adding at the end the 
following new paragraph: 
‘‘(4) The Director of Cost Assessment and Pro-
gram Evaluation of the Department of Defense, the 
Director of the Office of Management and Budget of 
the National Nuclear Security Administration, the 
Director for Cost Estimating and Program Evalua-
tion of the National Nuclear Security Administra-
tion, and the Director of the Office of Management 
and Budget shall be members of the Standing and 
Safety Committee of the Council, or such successor 
committee.’’. 
SEC. 1652. REPORT ON NUCLEAR FORCES OF THE UNITED 
STATES AND NEAR-PEER COUNTRIES. 
(a) REPORT.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in coordination with the Director of National Intelligence, 
shall submit to the congressional defense committees a re-
port on the nuclear forces of the United States and near- 
peer countries. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following:
1596 
(1) An assessment of the current and planned 
nuclear systems of the United States, including with 
respect to research and development timelines, de-
ployment timelines, and force size. 
(2) An assessment of the current and planned 
nuclear systems of Russia and China, including with 
respect to research and development timelines, de-
ployment timelines, and force size. 
(3) A comparison of the current and projected 
nuclear systems specified in paragraphs (1) and (2) 
through 2040. 
(c) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex. 
Subtitle E—Missile Defense 
Programs 
SEC. 1661. NATIONAL MISSILE DEFENSE POLICY. 
(a) POLICY.—Subsection (a) of section 1681 of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 10 U.S.C. 2431 note) is amended 
to read as follows: 
‘‘(a) POLICY.—It is the policy of the United States 
to— 
‘‘(1) maintain and improve, with funding sub-
ject to the annual authorization of appropriations
1597 
and the annual appropriation of funds for National 
Missile Defense— 
‘‘(A) an effective protection of the home-
land of the United States against offensive mis-
sile threats posed by rogue states; and 
‘‘(B) an effective regional missile defense 
system capable of defending the allies, partners, 
and deployed forces of the United States 
against increasingly complex missile threats; 
and 
‘‘(2) rely on nuclear deterrence to address more 
sophisticated and larger quantity near-peer inter-
continental ballistic missile threats.’’. 
(b) BRIEFING.—Not later than January 31, 2020, 
the Director of Cost Assessment and Program Evaluation 
shall provide to the Committee on Armed Services of the 
House of Representatives a briefing on the programmatic 
impacts across the Department of Defense with respect 
to the implementation of the Missile Defense Review 
issued in 2019. 
SEC. 1662. DEVELOPMENT OF HYPERSONIC AND BALLISTIC 
MISSILE TRACKING SPACE SENSOR PAYLOAD. 
(a) DEVELOPMENT.—Section 1683 of the National 
Defense Authorization Act for Fiscal Year 2018 (Public 
Law 115–91; 10 U.S.C. 2431 note) is amended—
1598 
(1) by redesignating subsections (d), (e), (f), 
(g), and (h), as subsections (e), (f), (g), (h), and (j), 
respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) HYPERSONIC AND BALLISTIC MISSILE TRACK-
ING SPACE SENSOR PAYLOAD.—The Director, in coordi-
nation with the Director of the Space Development Agency 
and the Secretary of the Air Force, shall— 
‘‘(1) develop a hypersonic and ballistic missile 
tracking space sensor payload; and 
‘‘(2) include such payload as a component of 
the sensor architecture developed under subsection 
(a).’’. 
(b) UPDATED PLAN.—Such section is further amend-
ed by inserting after subsection (h), as redesignated by 
subsection (a), the following new subsection: 
‘‘(i) UPDATED PLAN.—Not later than 90 days after 
the date of the enactment of the National Defense Author-
ization Act for Fiscal Year 2020, the Director of the Mis-
sile Defense Agency, in coordination with the Director of 
the Space Development Agency and the Secretary of the 
Air Force, shall submit to the appropriate congressional 
committees an update to the plan under subsection (h), 
including the following:
1599 
‘‘(1) How the Director of the Missile Defense 
Agency, in coordination with the Director of the 
Space Development Agency and the Secretary, will 
develop the payload under subsection (d) and include 
such payload in the sensor architecture developed 
under subsection (a). 
‘‘(2) How such payload will address the require-
ment of the United States Strategic Command for a 
hypersonic and ballistic missile tracking space sens-
ing capability. 
‘‘(3) The estimated costs (in accordance with 
subsection (e)) to develop, acquire, and deploy, and 
the lifecycle costs to operate and sustain, the pay-
load under subsection (f) and include such payload 
in the sensor architecture developed under sub-
section (a).’’. 
(c) CONFORMING AMENDMENT.—Subsection (h)(1) 
of such section, as redesignated by subsection (a), is 
amended by striking ‘‘with subsection (d)’’ and inserting 
‘‘with subsection (e)’’. 
SEC. 1663. REQUIREMENT FOR TESTING OF REDESIGNED 
KILL VEHICLE PRIOR TO PRODUCTION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Director of the Missile Defense Agency 
must address the technical issues of the redesigned kill
1600 
vehicle prior to moving forward with development, pro-
curement, and fielding of the vehicle. 
(b) MODIFICATIONS TO WAIVER REQUIREMENTS.— 
Subsection (b) of section 1683 of the John S. McCain Na-
tional Defense Authorization Act for Fiscal Year 2019 
(Public Law 115–232; 132 Stat. 2163) is amended to read 
as follows: 
‘‘(b) WAIVER.—The Secretary of Defense, without 
delegation, may waive subsection (a) if— 
‘‘(1) the Secretary determines that the waiver is 
in the interest of national security; 
‘‘(2) the Secretary conducts an assessment of 
the missile developments of both North Korea and 
Iran during the 18-month period preceding the date 
of the waiver; 
‘‘(3) the Secretary determines that the threat of 
missiles is advancing at a pace that requires addi-
tional capacity of the ground-based midcourse de-
fense system by 2023, including in light of the as-
sessment conducted under paragraph (2); 
‘‘(4) the Secretary determines that the waiver is 
appropriate in light of the assessment conducted by 
the Director of Operational Test and Evaluation 
under subsection (c);
1601 
‘‘(5) the Secretary submits to the congressional 
defense committees a report containing— 
‘‘(A) a notice of the waiver, including the 
rationale of the Secretary for making the waiv-
er; and 
‘‘(B) a certification by the Secretary that 
the Secretary has analyzed and accepts the risk 
of making and implementing a lot production 
decision for the redesigned kill vehicle prior to 
the vehicle undergoing a successful flight inter-
cept test; and 
‘‘(6) a period of 30 days elapses following the 
date on which the Secretary submits the report 
under paragraph (5).’’. 
(c) MODIFICATION TO ASSESSMENT.—Subsection (c) 
of such section is amended by inserting ‘‘and to the con-
gressional defense committees’’ after ‘‘to the Secretary of 
Defense’’. 
SEC. 1664. DEVELOPMENT OF SPACE-BASED BALLISTIC 
MISSILE INTERCEPT LAYER. 
Section 1688 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 
2431 note) is amended— 
(1) by striking subsection (c); and
1602 
(2) by redesignating subsection (d) as sub-
section (c). 
SEC. 1665. ORGANIZATION, AUTHORITIES, AND BILLETS OF 
THE MISSILE DEFENSE AGENCY. 
(a) INDEPENDENT STUDY.— 
(1) ASSESSMENT.—In accordance with para-
graph (2), the Secretary of Defense shall seek to 
enter into a contract with a federally funded re-
search and development center to conduct a study 
assessing— 
(A) the organization of the Missile Defense 
Agency under the Under Secretary of Defense 
for Research and Engineering pursuant to sec-
tion 205(b) of title 10, United States Code; 
(B) alternative ways to organize the Agen-
cy under other officials of the Department of 
Defense, including the Under Secretary for Ac-
quisition and Sustainment and any other offi-
cial of the Department the federally funded re-
search and development center determines ap-
propriate; and 
(C) transitioning the Agency to the stand-
ard acquisition process pursuant to Department 
of Defense Instruction 5000, including both the 
risks and benefits of making such a transition.
1603 
(2) SCOPE OF STUDY.—Before entering into the 
contract with a federally funded research and devel-
opment center to conduct the study under paragraph 
(1), the Secretary shall provide to the congressional 
defense committees an update on the scope of such 
study. 
(3) SUBMISSION TO DOD.—Not later than 150 
days after the date of the enactment of this Act, the 
federally funded research and development center 
shall submit to the Secretary a report containing the 
study conducted under paragraph (1). 
(4) SUBMISSION TO CONGRESS.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary shall submit to the congressional de-
fense committees the study under paragraph (1), 
without change. 
(b) NOTIFICATION ON CHANGES TO NON-STANDARD 
ACQUISITION PROCESSES AND RESPONSIBILITIES.— 
(1) LIMITATION.—None of the funds authorized 
to be appropriated by this Act or otherwise made 
available for fiscal year 2020 for the Secretary of 
Defense may be obligated or expended to change the 
non-standard acquisition processes and responsibil-
ities described in paragraph (2) until—
1604 
(A) the Secretary notifies the congressional 
defense committees of such proposed change; 
and 
(B) a period of 90 days has elapsed fol-
lowing the date of such notification. 
(2) NON-STANDARD
ACQUISITION
PROCESSES 
AND
RESPONSIBILITIES
DESCRIBED.—The 
non- 
standard acquisition processes and responsibilities 
described in this paragraph are such processes and 
responsibilities described in— 
(A) the memorandum of the Secretary of 
Defense titled ‘‘Missile Defense Program Direc-
tion’’ signed on January 2, 2002; 
(B) Department of Defense Directive 
5134.09, as in effect on the date of the enact-
ment of this Act; and 
(C) United States Strategic Command In-
struction 583–3. 
(c) LIMITATION ON CERTAIN TRANSFERS OF BIL-
LETS.—During fiscal year 2020, the Secretary of Defense 
may not transfer civilian or military billets from the Mis-
sile Defense Agency to any element of the Department 
under the Under Secretary of Defense for Research and 
Engineering until, for each such transfer—
1605 
(1) the Secretary notifies the congressional de-
fense committees of such proposed transfer; and 
(2) a period of 90 days has elapsed following 
the date of such notification. 
SEC. 1666. MISSILE DEFENSE INTERCEPTOR SITE IN CON-
TIGUOUS UNITED STATES. 
(a) DESIGNATION.—The Secretary shall designate 
the preferred location of a missile defense site in the con-
tiguous United States from among the locations evaluated 
pursuant to section 227 of the National Defense Author-
ization Act for Fiscal Year 2013 (Public Law 112–239; 
126 Stat. 1678). The Secretary shall make such designa-
tion based on the following: 
(1) The environmental impact statement pre-
pared pursuant to section 227 of the National De-
fense Authorization Act for Fiscal Year 2013 (Pub-
lic Law 112–239; 126 Stat. 1678). 
(2) Strategic and operational effectiveness, in-
cluding with respect to the location that is the most 
advantageous site in providing coverage to the entire 
contiguous United States, including having the capa-
bility to provide shoot-assess-shoot coverage to the 
entire contiguous United States. 
(3) Construction remediation efforts and im-
pacts to the existing environment at the site.
1606 
(4) The existing infrastructure at the site. 
(5) The costs to construct, equip, and operate 
the site. 
(b) REPORT.—Not later than January 31, 2020, the 
Secretary shall submit to the congressional defense com-
mittees a report on the designation made under subsection 
(a) with respect to each factor specified in paragraphs (1) 
through (5) of such subsection. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
(1) as requiring the Secretary of Defense to 
begin a military construction project relating to the 
missile defense site in the contiguous United States; 
or 
(2) as a statement that there is any current 
military requirement for such a site. 
(d) CONFORMING REPEAL.—Section 1681 of the Na-
tional Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1776) is repealed. 
SEC. 1667. MISSILE DEFENSE RADAR IN HAWAII. 
(a) 
CONSTRUCTION
OF
HOMELAND
DEFENSE 
RADAR–HAWAII.—Subject to subsection (b), the Director 
of the Missile Defense Agency may use funds authorized 
to be appropriated by this Act or otherwise made available 
for fiscal year 2020 for research, development, test, and
1607 
evaluation for the Missile Defense Agency to design, build, 
and integrate the foundation of the homeland defense 
radar in Hawaii and the thermal control system of the 
radar. 
(b) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2020 for research, development, test, and evalua-
tion for the homeland defense radar in Hawaii, not more 
than 85 percent may be obligated or expended until the 
Director— 
(1) completes the critical design review of the 
radar; 
(2) submits to the congressional defense com-
mittees an assessment conducted by the Army Corps 
of Engineers on the research, development, test, and 
evaluation proposal to design, build, and integrate 
the foundation of the radar and the thermal control 
system of the radar that highlights any unique com-
ponents of such proposal; and 
(3) provides to such committees a briefing on 
incorporating the foundation and thermal control 
system into the overall design of the radar.
1608 
SEC. 1668. LIMITATION ON AVAILABILITY OF FUNDS FOR 
LOWER TIER AIR AND MISSILE SENSOR. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2020 for the Army for the lower tier air and mis-
sile defense sensor, not more than 75 percent may be obli-
gated or expended until the Secretary of the Army submits 
the report under subsection (b). 
(b) REPORT.—The Secretary of the Army shall sub-
mit to the congressional defense committees a report on 
the test and demonstration of lower tier air and missile 
defense sensors that occurred during the third quarter of 
fiscal year 2019. Such report shall include the following: 
(1) An explanation of how the test and dem-
onstration was conducted and what the test and 
demonstration set out to achieve, including— 
(A) an explanation of the performance 
specifications used; and 
(B) a description of the emulated threats 
used in the test and demonstration and how 
such threats compare to emerging regional air 
and missile threats. 
(2) An explanation of the capability of the sen-
sor system that the Secretary determined to be the 
winner of the test and demonstration, including with 
respect to—
1609 
(A) the capability of such sensor system 
against key threats and requirements, including 
whether such sensor system will be delivered 
with full 360-degree coverage and the ability of 
such sensor system to detect, track, and surveil 
targets; 
(B) the estimated procurement and life- 
cycle costs of operating such sensor system; and 
(C) the cost, timeline, and approach that 
will be used to integrate the lower tier air and 
missile defense sensor with other sensors using 
the Integrated Air and Missile Defense Battle 
Command System. 
(3) An explanation of whether future perform-
ance improvements to the lower tier air and missile 
defense sensor are conditional on intellectual prop-
erty and how such improvements will be made if the 
United States does not own such intellectual prop-
erty. 
SEC. 1669. COMMAND AND CONTROL, BATTLE MANAGE-
MENT, AND COMMUNICATIONS PROGRAM. 
(a) LIMITATION ON SALE.—The Director of the Mis-
sile Defense Agency may not pursue release of the com-
mand and control, battle management, and communica-
tions program (or any variants thereof) for export until
1610 
the date on which the Director submits the report under 
subsection (b). 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Director shall submit 
to the congressional defense committees, the Committee 
on Foreign Affairs of the House of Representatives, and 
the Committee on Foreign Relations of the Senate a re-
port containing the following: 
(1) An explanation of the rationale of the Di-
rector for considering to export the command and 
control, battle management, and communications 
program (or any variants thereof) in light of the 
critical role of the program in the strategic national 
defense of the United States and the allies of the 
United States against ballistic missile attack. 
(2) The findings of the market research and 
analysis conducted by the Director regarding export-
able command and control solutions for ballistic mis-
sile defense, including such solutions that are inter-
nationally available. 
SEC. 1670. ANNUAL ASSESSMENT OF BALLISTIC MISSILE 
DEFENSE SYSTEM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that operational test and evaluation of elements of 
the ballistic missile defense system should be conducted
1611 
thoroughly in accordance with section 2399 of title 10, 
United States Code, including with respect to the reports 
required to be submitted to the congressional defense com-
mittees under subsection (b) of such section regarding the 
results of testing conducted on major defense acquisition 
programs. 
(b) ANNUAL ASSESSMENT.—As part of the annual 
report of the Director of Operational Test and Evaluation 
submitted to Congress under section 139 of title 10, 
United States Code, the Director shall include an assess-
ment of the ballistic missile defense system and all of the 
elements of the system that have been fielded or are 
planned, as of the date of the assessment, including— 
(1) the operational effectiveness, suitability, and 
survivability of the ballistic missile defense system 
and the elements of the system that have been field-
ed or tested; and 
(2) the adequacy and sufficiency of the test pro-
gram of such system as of the date of the assess-
ment, including with respect to the operational real-
ism of the tests. 
(c) FORM.—Each assessment under subsection (a) 
may be submitted in unclassified form, and may include 
a classified annex.
1612 
SEC. 1671. MODIFICATIONS TO REQUIRED TESTING BY MIS-
SILE DEFENSE AGENCY OF GROUND-BASED 
MIDCOURSE DEFENSE ELEMENT OF BAL-
LISTIC MISSILE DEFENSE SYSTEM. 
Section 1689 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2631; 10 U.S.C. 2431 note) is amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, when possible,’’; and 
(B) in paragraph (3), by inserting ‘‘, in-
cluding the use of threat-representative counter-
measures’’ before the period; 
(2) in subsection (c), by striking paragraph (8); 
(3) by striking subsection (d); 
(4) by redesignating subsection (e) as sub-
section (d); and 
(5) in subsection (d), as so redesignated, by 
striking the last sentence. 
SEC. 1672. INDEPENDENT STUDY ON IMPACTS OF MISSILE 
DEFENSE DEVELOPMENT AND DEPLOYMENT. 
(a) STUDY.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall seek to enter into an agreement with the National 
Academy of Sciences to conduct a study on the impacts 
of the development and deployment of long-range missile
1613 
defenses of the United States on the security of the United 
States as a whole. 
(b) MATTERS INCLUDED.—The study under sub-
section (a) shall— 
(1) consider whether security benefits obtained 
by the deployment of long-range missile defenses of 
the United States are undermined or counterbal-
anced by adverse reactions of potential adversaries, 
including both rogue states and near-peer adver-
saries; and 
(2) consider the effectiveness of the long-range 
missile defense efforts of the United States to deter 
the development of ballistic missiles, in particular by 
both rogue states and near-peer adversaries. 
(c) SUBMISSION.—Not later than one year after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the congressional defense committees the study 
under subsection (a), without change. 
(d) FORM.—The study shall be submitted under sub-
section (c) in unclassified form, but may include a classi-
fied annex. 
SEC. 1673. REPORT AND BRIEFING ON MULTI-OBJECT KILL 
VEHICLE. 
Not later than 120 days after the date of the enact-
ment of this Act, the Under Secretary of Defense for Re-
1614 
search and Engineering shall submit to the congressional 
defense committees a report, and shall provide to such 
committees a briefing, on the potential need for a multi- 
object kill vehicle in future architecture of the ballistic 
missile defense system. Such report and briefing shall in-
clude the following: 
(1) An assessment of the technology readiness 
level of needed components and the operational sys-
tem for the multi-object kill vehicle. 
(2) An assessment of the costs and a com-
prehensive development and testing schedule to de-
ploy the multi-object kill vehicle by 2025. 
(3) An assessment of whether the multi-object 
kill vehicle was considered in the redesigned kill ve-
hicle program re-baseline as a replacement for fu-
ture ground-based midcourse defense system kill ve-
hicles. 
(4) A concept of operations with respect to how 
a multi-object kill vehicle capability could be em-
ployed and how such capability compares to alter-
native ground-based midcourse defense system inter-
ceptors.
1615 
Subtitle F—Other Matters 
SEC. 1681. MODIFICATION TO REPORTS ON CERTAIN SOLID 
ROCKET MOTORS. 
Section 1696 of the John S. McCain National De-
fense Authorization Act for Fiscal Year 2019 (Public Law 
115–232; 132 Stat. 2171) is amended— 
(1) by striking ‘‘rockets or missiles’’ and insert-
ing ‘‘rockets, missiles, or space launch services’’ each 
place it appears; 
(2) in subsection (a)(2)(C), by striking ‘‘rocket 
or missile’’ and inserting ‘‘rocket, missile, or space 
launch service’’; 
(3) in subsection (b)(1)— 
(A) by inserting after ‘‘the Secretary of 
Defense,’’ the following: ‘‘in coordination with 
the Administrator of the National Aeronautics 
and Space Administration,’’; 
(B) by inserting after ‘‘defense’’ the fol-
lowing: ‘‘and science’’; and 
(C) by inserting after ‘‘the Department of 
Defense’’ the following: ‘‘and the National Aer-
onautics and Space Administration’’; and 
(4) in subsection (b)(2)(D), by inserting after 
‘‘the Secretary’’ the following: ‘‘or the Administrator
1616 
of the National Aeronautics and Space Administra-
tion’’. 
SEC. 1682. REPEAL OF REVIEW REQUIREMENT FOR AMMO-
NIUM PERCHLORATE REPORT. 
Section 1694(d) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 131 
Stat. 1792) is repealed. 
SEC. 1683. REPEAL OF REQUIREMENT FOR COMMISSION ON 
ELECTROMAGNETIC PULSE ATTACKS AND 
SIMILAR EVENTS. 
(a) FINDINGS.—Congress finds the following: 
(1) On March 26, 2019, the President released 
the ‘‘Executive Order on Coordinating National Re-
silience to Electromagnetic Pulses’’. 
(2) The Executive order codifies policy, roles, 
and responsibilities within the executive branch in 
order to foster sustainable, efficient, and cost-effec-
tive approaches to improving the resilience of the 
United States to the effects of electromagnetic 
pulses. 
(b) REPEAL.—Section 1691 of the National Defense 
Authorization Act for Fiscal Year 2018 (Public Law 115– 
91; 131 Stat. 1786) is repealed.
1617 
SEC. 1684. CONVENTIONAL PROMPT GLOBAL STRIKE WEAP-
ON SYSTEM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Under Secretary of Defense for Policy 
has not adequately responded to Congress regarding 
the miscalculation and ambiguity risks posed by 
hypersonic weapons, specifically from submarine- 
launched platforms, including pursuant to the report 
required by section 1698 of the John S. McCain Na-
tional Defense Authorization Act for Fiscal Year 
2019 (Public Law 115–232; 132 Stat. 2172); and 
(2) the Secretary of Defense should coordinate 
technology maturation efforts to develop common 
technologies for hypersonics, and should leverage de-
fense laboratories and university partners to lead 
foundational hypersonic research in areas the Sec-
retary determines appropriate for the Department of 
Defense. 
(b) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2020 for the conventional prompt global 
strike weapon system may be used for a submarine- 
launched conventional prompt global strike capability, in-
cluding with respect to developing or testing such a capa-
bility, unless such capability—
1618 
(1) is transferrable to a surface-launched plat-
form; and 
(2) is not exclusive to submarines. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of the Navy 
shall submit to the congressional defense committees a re-
port on the programmatic changes required to integrate 
the conventional prompt global strike weapon system into 
the DDG–1000 program or other surface ships. 
TITLE 
XVII—SANCTIONS 
WITH 
RESPECT TO FOREIGN TRAF-
FICKERS 
OF 
ILLICIT 
SYN-
THETIC OPIOIDS 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘Fentanyl Sanctions 
Act’’. 
SEC. 1702. FINDINGS. 
Congress makes the following findings: 
(1) The Centers for Disease Control and Pre-
vention estimate that from September 2017 through 
September 2018 more than 48,200 people in the 
United States died from an opioid overdose, with 
synthetic opioids (excluding methadone), contrib-
uting to a record 31,900 overdose deaths. While 
drug overdose death estimates from methadone,
1619 
semi-synthetic opioids, and heroin have decreased in 
recent months, overdose deaths from synthetic 
opioids have continued to increase. 
(2) Congress and the President have taken a 
number of actions to combat the demand for illicit 
opioids in the United States, including enacting into 
law the SUPPORT for Patients and Communities 
Act (Public Law 115–271; 132 Stat. 3894). While 
new statutes and regulations have reduced the rate 
of opioid prescriptions in recent years, fully address-
ing the United States opioid crisis will involve dra-
matically restricting the foreign supply of illicit 
opioids. 
(3) The People’s Republic of China is the 
world’s largest producer of illicit fentanyl, fentanyl 
analogues, and their immediate precursors. From 
the People’s Republic of China, those substances are 
shipped primarily through express consignment car-
riers or international mail directly to the United 
States, 
or, 
alternatively, 
shipped 
directly 
to 
transnational criminal organizations in Mexico, Can-
ada, and the Caribbean. 
(4) The United States and the People’s Repub-
lic of China, Mexico, and Canada have made impor-
tant strides in combating the illicit flow of opioids
1620 
through bilateral efforts of their respective law en-
forcement agencies. 
(5) The objective of preventing the proliferation 
of illicit opioids though existing multilateral and bi-
lateral initiatives requires additional efforts to deny 
illicit actors the financial means to sustain their 
markets and distribution networks. 
(6) The implementation on May 1, 2019, of the 
regulations of the People’s Republic of China to 
schedule all fentanyl analogues as controlled sub-
stances is a major step in combating global opioid 
trafficking and represents a major achievement in 
United States-China law enforcement dialogues. 
However, that step will effectively fulfill the commit-
ment that President Xi Jinping of the People’s Re-
public of China made to President Donald Trump at 
the Group of Twenty meeting in December 2018 
only if the Government of the People’s Republic of 
China devotes sufficient resources to full implemen-
tation and strict enforcement of the new regulations. 
The effective enforcement of the new regulations 
should result in diminished trafficking of illicit 
fentanyl originating from the People’s Republic of 
China into the United States.
1621 
(7) While the Department of the Treasury used 
the Foreign Narcotics Kingpin Designation Act (21 
U.S.C. 1901 et seq.) to sanction the first synthetic 
opioid trafficking entity in April 2018, additional 
economic and financial sanctions policy tools are 
needed to help combat the flow of synthetic opioids 
into the United States. 
SEC. 1703. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States should apply economic 
and other financial sanctions to foreign traffickers of 
illicit opioids to protect the national security, foreign 
policy, and economy of the United States and the 
health of the people of the United States; 
(2) it is imperative that the People’s Republic 
of China follow through on full implementation of 
the new regulations, adopted May 1, 2019, to treat 
all fentanyl analogues as controlled substances under 
the laws of the People’s Republic of China, including 
by devoting sufficient resources for implementation 
and strict enforcement of the new regulations; and 
(3) the effective enforcement of the new regula-
tions should result in diminished trafficking of illicit 
fentanyl originating from the People’s Republic of 
China into the United States.
1622 
SEC. 1704. DEFINITIONS. 
In this title: 
(1) ALIEN; 
NATIONAL; 
NATIONAL
OF
THE 
UNITED
STATES.—The terms ‘‘alien’’, ‘‘national’’, 
and ‘‘national of the United States’’ have the mean-
ings given those terms in section 101 of the Immi-
gration and Nationality Act (8 U.S.C. 1101). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES
AND
LEADERSHIP.—The term ‘‘appropriate 
congressional committees and leadership’’ means— 
(A) the Committee on Appropriations, the 
Committee on Armed Services, the Committee 
on Banking, Housing, and Urban Affairs, the 
Committee on Foreign Relations, the Com-
mittee on Homeland Security and Govern-
mental Affairs, the Committee on the Judiciary, 
the Select Committee on Intelligence, and the 
majority leader and the minority leader of the 
Senate; and 
(B) the Committee on Appropriations, the 
Committee on Armed Services, the Committee 
on Financial Services, the Committee on For-
eign Affairs, the Committee on Homeland Secu-
rity, the Committee on the Judiciary, the Com-
mittee on Oversight and Reform, the Perma-
nent Select Committee on Intelligence, and the
1623 
Speaker and the minority leader of the House 
of Representatives. 
(3) CONTROLLED SUBSTANCE; LISTED CHEM-
ICAL.—The terms ‘‘controlled substance’’, ‘‘listed 
chemical’’, ‘‘narcotic drug’’, and ‘‘opioid’’ have the 
meanings given those terms in section 102 of the 
Controlled Substances Act (21 U.S.C. 802). 
(4) ENTITY.—The term ‘‘entity’’ means a part-
nership, joint venture, association, corporation, orga-
nization, network, group, or subgroup, or any form 
of business collaboration. 
(5) FOREIGN OPIOID TRAFFICKER.—The term 
‘‘foreign opioid trafficker’’ means any foreign person 
that the President determines plays a significant 
role in opioid trafficking. 
(6) FOREIGN PERSON.—The term ‘‘foreign per-
son’’— 
(A) means— 
(i) any citizen or national of a foreign 
country; or 
(ii) any entity not organized under the 
laws of the United States or a jurisdiction 
within the United States; and 
(B) does not include the government of a 
foreign country.
1624 
(7) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
(8) OPIOID
TRAFFICKING.—The term ‘‘opioid 
trafficking’’ means any illicit activity— 
(A) to produce, manufacture, distribute, 
sell, or knowingly finance or transport illicit 
synthetic opioids, controlled substances that are 
synthetic opioids, listed chemicals that are syn-
thetic opioids, or active pharmaceutical ingredi-
ents or chemicals that are used in the produc-
tion of controlled substances that are synthetic 
opioids; 
(B) to attempt to carry out an activity de-
scribed in subparagraph (A); or 
(C) to assist, abet, conspire, or collude 
with other persons to carry out such an activity. 
(9) PERSON.—The term ‘‘person’’ means an in-
dividual or entity. 
(10) UNITED
STATES
PERSON.—The term 
‘‘United States person’’ means— 
(A) any citizen or national of the United 
States;
1625 
(B) any alien lawfully admitted for perma-
nent residence in the United States; 
(C) any entity organized under the laws of 
the United States or any jurisdiction within the 
United States (including a foreign branch of 
such an entity); or 
(D) any person located in the United 
States. 
Subtitle A—Sanctions With Respect 
to Foreign Opioid Traffickers 
SEC. 1711. IDENTIFICATION OF FOREIGN OPIOID TRAF-
FICKERS. 
(a) PUBLIC REPORT.— 
(1) IN GENERAL.—The President shall submit 
to the appropriate congressional committees and 
leadership, in accordance with subsection (c), a re-
port— 
(A) identifying the foreign persons that the 
President determines are foreign opioid traf-
fickers; 
(B) detailing progress the President has 
made in implementing this subtitle; and 
(C) providing an update on cooperative ef-
forts with the Governments of Mexico and the
1626 
People’s Republic of China with respect to com-
bating foreign opioid traffickers. 
(2) IDENTIFICATION
OF
ADDITIONAL
PER-
SONS.—If, at any time after submitting a report re-
quired by paragraph (1) and before the submission 
of the next such report, the President determines 
that a foreign person not identified in the report is 
a foreign opioid trafficker, the President shall sub-
mit to the appropriate congressional committees and 
leadership an additional report containing the infor-
mation required by paragraph (1) with respect to 
the foreign person. 
(3) EXCLUSION.—The President shall not be 
required to include in a report under paragraph (1) 
or (2) any persons with respect to which the United 
States has imposed sanctions before the date of the 
report under this subtitle or any other provision of 
law with respect to opioid trafficking. 
(4) FORM OF REPORT.— 
(A) IN
GENERAL.—Each report required 
by paragraph (1) or (2) shall be submitted in 
unclassified form but may include a classified 
annex. 
(B) AVAILABILITY TO PUBLIC.—The un-
classified portion of a report required by para-
1627 
graph (1) or (2) shall be made available to the 
public. 
(b) CLASSIFIED REPORT.— 
(1) IN GENERAL.—The President shall submit 
to the appropriate congressional committees and 
leadership, in accordance with subsection (c), a re-
port, in classified form— 
(A) describing in detail the status of sanc-
tions imposed under this subtitle, including the 
personnel and resources directed toward the im-
position of such sanctions during the preceding 
fiscal year; 
(B) providing background information with 
respect to persons newly identified as foreign 
opioid traffickers and their illicit activities; 
(C) describing actions the President in-
tends to undertake or has undertaken to imple-
ment this subtitle; and 
(D) providing a strategy for identifying ad-
ditional foreign opioid traffickers. 
(2) EFFECT ON OTHER REPORTING REQUIRE-
MENTS.—The report required by paragraph (1) is in 
addition to, and in no way delimits or restricts, the 
obligations to keep Congress fully and currently in-
1628 
formed pursuant to the provisions of the National 
Security Act of 1947 (50 U.S.C. 3001 et seq.). 
(c) SUBMISSION OF REPORTS.—Not later than 180 
days after the date of the enactment of this Act, and annu-
ally thereafter until the date that is 5 years after such 
date of enactment, the President shall submit the reports 
required by subsections (a) and (b) to the appropriate con-
gressional committees and leadership. 
(d) EXCLUSION OF CERTAIN INFORMATION.— 
(1) 
INTELLIGENCE.—Notwithstanding 
any 
other provision of this section, a report required by 
subsection (a) or (b) shall not disclose the identity 
of any person if the Director of National Intelligence 
determines that such disclosure could compromise an 
intelligence operation, activity, source, or method of 
the United States. 
(2) LAW ENFORCEMENT.—Notwithstanding any 
other provision of this section, a report required by 
subsection (a) or (b) shall not disclose the identity 
of any person if the Attorney General, in coordina-
tion, as appropriate, with the Director of the Fed-
eral Bureau of Investigation, the Administrator of 
the Drug Enforcement Administration, the Secretary 
of the Treasury, the Secretary of State, and the 
head of any other appropriate Federal law enforce-
1629 
ment agency, determines that such disclosure could 
reasonably be expected— 
(A) to compromise the identity of a con-
fidential source, including a State, local, or for-
eign agency or authority or any private institu-
tion that furnished information on a confiden-
tial basis; 
(B) to jeopardize the integrity or success 
of an ongoing criminal investigation or prosecu-
tion; 
(C) to endanger the life or physical safety 
of any person; or 
(D) to cause substantial harm to physical 
property. 
(3) NOTIFICATION REQUIRED.—If the Director 
of National Intelligence makes a determination 
under paragraph (1) or the Attorney General makes 
a determination under paragraph (2), the Director 
or the Attorney General, as the case may be, shall 
notify the appropriate congressional committees and 
leadership of the determination and the reasons for 
the determination. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to authorize or compel the 
disclosure of information determined by the Presi-
1630 
dent to be law enforcement information, classified 
information, national security information, or other 
information the disclosure of which is prohibited by 
any other provision of law. 
(e) PROVISION OF INFORMATION REQUIRED FOR RE-
PORTS.—The Secretary of the Treasury, the Attorney 
General, the Secretary of Defense, the Secretary of State, 
the Secretary of Homeland Security, and the Director of 
National Intelligence shall consult among themselves and 
provide to the President and the Director of the Office 
of National Drug Control Policy the appropriate and nec-
essary information to enable the President to submit the 
reports required by subsection (a). 
SEC. 1712. SENSE OF CONGRESS ON INTERNATIONAL 
OPIOID CONTROL REGIME. 
It is the sense of Congress that, in order to apply 
economic and other financial sanctions to foreign traf-
fickers of illicit opioids to protect the national security, 
foreign policy, and economy of the United States— 
(1) the President should instruct the Secretary 
of State to commence immediately diplomatic ef-
forts, both in appropriate international fora such as 
the United Nations, the Group of Seven, the Group 
of Twenty, and trilaterally and bilaterally with part-
ners of the United States, to combat foreign opioid
1631 
trafficking, including by working to establish a mul-
tilateral sanctions regime with respect to foreign 
opioid trafficking; and 
(2) the Secretary of State, in consultation with 
the Secretary of the Treasury, should intensify ef-
forts to maintain and strengthen the coalition of 
countries formed to combat foreign opioid traf-
ficking. 
SEC. 1713. IMPOSITION OF SANCTIONS. 
The President shall impose five or more of the sanc-
tions described in section 1714 with respect to each for-
eign person that is an entity, and four or more of such 
sanctions with respect to each foreign person that is an 
individual, that— 
(1) is identified as a foreign opioid trafficker in 
a report submitted under section 1711(a); or 
(2) the President determines is owned, con-
trolled, directed by, knowingly supplying or sourcing 
precursors for, or acting for or on behalf of, such a 
foreign opioid trafficker. 
SEC. 1714. DESCRIPTION OF SANCTIONS. 
(a) IN GENERAL.—The sanctions that may be im-
posed with respect to a foreign person under section 1713 
are the following: