1059 
(c) PENALTIES.—Any person that violates, attempts 
to violate, conspires to violate, or causes a violation of this 
section or any regulation, license, or order issued to carry 
out subsection (b) shall be subject to the penalties set 
forth in subsections (b) and (c) of section 206 of the Inter-
national Emergency Economic Powers Act (50 U.S.C. 
1705) to the same extent as a person that commits an 
unlawful act described in subsection (a) of that section. 
(d) IMPLEMENTATION.—The President may exercise 
the authorities provided under section 203 and 205 of the 
International Emergency Economic Powers Act (50 
U.S.C. 1702 and 1704) to carry out this section. 
(e) WAIVER.— 
(1) IN GENERAL.—The President may annually 
waive the application of sanctions required by sub-
section (a) with respect to a person if the Presi-
dent— 
(A) determines that such waiver is in the 
national interest of the United States; and 
(B) not later than the date on which such 
waiver will take effect, submits to the congres-
sional committees listed in paragraph (2) a no-
tice of and justification for such waiver.
1060 
(2) CONGRESSIONAL
COMMITTEES
LISTED.— 
The congressional committees listed in this para-
graph are the following: 
(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. 
(f) 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). 
(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.
1061 
(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. 1299O–3. RESPONSIBILITY AND TRANSPARENCY IN 
THE MINING SECTOR. 
(a) LIST OF PARTICIPATING ENTITIES.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, and not 
less than annually thereafter until the date described 
in subsection (e), the Secretary of State shall submit 
to the appropriate congressional committees a list of 
the entities described in each of subparagraphs (A) 
and (B) of paragraph (2) that— 
(A) participate in Burma’s mining sector; 
(B) meet the criterion described in sub-
section (b)(1); and
1062 
(C) meet or have made significant progress 
towards meeting the criteria in subsections 
(b)(2) through (b)(5). 
(2) ENTITIES
DESCRIBED.—The entities de-
scribed in this paragraph 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. 
(b) CRITERIA DESCRIBED.—The criteria described in 
this subsection are the following with respect to an entity: 
(1) The entity publicly discloses beneficial own-
ership, as such term is defined for purposes of the 
Myanmar Extractive Industry Transparency Initia-
tive (Myanmar EITI), and the entity is not owned 
or controlled, either directly or indirectly, by the 
Burmese military or security forces, any current or 
former senior Burmese military officer, or any per-
son sanctioned by the United States pursuant to any 
relevant sanctions authority. 
(2) The entity publicly discloses any politically 
exposed persons, as defined by the Myanmar EITI, 
who are beneficial owners, as defined under the 
Myanmar EITI.
1063 
(3) The entity publicly discloses valid authoriza-
tion, license, or permit to produce, process, sell, or 
export minerals or gemstones, as applicable. 
(4) The entity publicly discloses payments to 
the Government of Burma, including tax and non- 
tax, license, or royalty payments, and other pay-
ments or contract terms as may be required under 
Myanmar Extractive Industry Transparency Initia-
tive standards. 
(5) The entity undertakes robust due diligence, 
in line with the OECD Due Diligence Guidance for 
Responsible Supply Chains of Minerals from Con-
flict-Affected and High-Risk Areas, including public 
reporting. 
(c) PUBLICATION OF LIST.—The Secretary of State 
shall publish the list under subsection (a) and shall peri-
odically update such list as appropriate. 
(d) GUIDANCE.—The Secretary of State shall issue 
guidance to relevant companies regarding supply-chain 
due diligence best practices applicable to importation of 
gemstones or minerals that may be of Burmese origin or 
articles of jewelry containing such gemstones to mitigate 
the potential risks associated with the importation of such 
items.
1064 
(e) TERMINATION.—The requirement under sub-
section (a) shall terminate on the date on which the Presi-
dent certifies to the appropriate congressional committees 
that the Government of Burma has taken substantial 
measures to reform the mining sector in Burma, including 
the following: 
(1) Requiring the mandatory disclosure of pay-
ments, permit and license allocations, project reve-
nues, relevant contract terms, and beneficial owner-
ship, including identifying any politically exposed 
persons who are beneficial owners, consistent with 
the approach agreed under the Myanmar EITI and 
with due regard for civil society participation. 
(2) Separating 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) Monitoring and undertaking enforcement 
actions, as warranted, to ensure that entities fully 
adhere to environmental and social impact assess-
ment and management standards in accordance with 
international responsible mining practices, the coun-
try’s environmental conservation law and other ap-
plicable laws and regulations, and that they uphold
1065 
occupational health and safety standards and codes 
of conduct that are aligned with the core labor 
standards of the International Labour Organisation 
and domestic law. 
(4) Actively seeking a comprehensive peace 
agreement that addresses the transparent and fair 
distribution of benefits from natural resources, in-
cluding local benefit-sharing, taking into consider-
ation proposals on fiscal federalism for new govern-
ance arrangements in resource-rich regions. 
(5) Implementing on a timely basis policy re-
forms aligned with the recommendations of the 
multi-stakeholder Jade and Gemstone Support Com-
mittee and reporting regularly on such reforms. 
(6) Reforming the process for valuation of 
gemstones at the mine-site, including developing an 
independent valuation system to prevent undervalu-
ation and tax evasion. 
(7) Requiring companies bidding for jade and 
ruby permits to be independently audited upon the 
request of Myanmar Gems Enterprise or the Min-
ister of Natural Resources and Environmental Con-
servation, and making the results of all such audits 
public.
1066 
(8) Establishing a credible and transparent per-
mitting process that closely scrutinizes applicants, 
including based on past performance, and prevents 
unscrupulous entities from gaining authorized access 
to concessions or the right to trade in minerals or 
gemstones. 
(9) Establishing effective oversight of state- 
owned enterprises operating in such sector, including 
through parliamentary oversight or requirements for 
independent financial auditing. 
SEC. 1299O–4. DETERMINATION AND REPORT ON ACCOUNT-
ABILITY FOR ETHNIC CLEANSING, CRIMES 
AGAINST 
HUMANITY, 
AND 
GENOCIDE 
IN 
BURMA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees 
a report that— 
(1) describes— 
(A) allegations of ethnic cleansing, crimes 
against humanity, and genocide in Burma; and 
(B) potential transitional justice mecha-
nisms in Burma; and 
(2) includes a determination whether the events 
that took place in the state of Rakhine in Burma,
1067 
starting on August 25, 2017, constitute ethnic 
cleansing, crimes against humanity, or genocide. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include— 
(1) a description of— 
(A) incidents that may constitute ethnic 
cleansing, crimes against humanity, or genocide 
committed by the Burmese military against the 
Rohingya minority and the identities of any 
other actors involved in such incidents; 
(B) the role of the civilian government in 
the commission of such incidents; 
(C) incidents that may constitute ethnic 
cleansing, crimes against humanity, or genocide 
committed by violent extremist groups or anti- 
government forces; 
(D) incidents that may violate the principle 
of medical neutrality and, to the extent possible, 
the identities of any individuals who engaged in 
or organized such incidents; and 
(E) to the extent possible, a description of 
the conventional and unconventional weapons 
used for such crimes and the sources of such 
weapons;
1068 
(2) a description and assessment by the Depart-
ment of State, the United States Agency for Inter-
national Development, the Department of Justice, 
and other appropriate Federal departments and 
agencies of programs that the United States has al-
ready undertaken or is planning to undertake to en-
sure accountability for ethnic cleansing, crimes 
against humanity, and genocide perpetrated against 
the Rohingya by the military and security forces of 
Burma, the state government of Rakhine, Buddhist 
militias, and all other armed groups fighting in 
Rakhine, including programs to— 
(A) train civilian investigators within and 
outside of Burma and Bangladesh on how to 
document, investigate, develop findings of, and 
identify and locate alleged perpetrators of eth-
nic cleansing, crimes against humanity, or 
genocide in Burma; 
(B) promote and prepare for a transitional 
justice process or processes for the perpetrators 
of ethnic cleansing, crimes against humanity, 
and genocide occurring in the State of Rakhine 
in 2017; and 
(C) document, collect, preserve, and pro-
tect evidence of ethnic cleansing, crimes against
1069 
humanity, 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; and 
(3) a detailed study of the feasibility and desir-
ability of potential transitional justice mechanisms 
for Burma, including a hybrid tribunal, to address 
ethnic cleansing, crimes against humanity, and geno-
cide perpetrated in Burma, including recommenda-
tions on which transitional justice mechanisms the 
United States should support, why such mechanisms 
should be supported, and what type of support 
should be offered. 
(c) PROTECTION OF WITNESSES AND EVIDENCE.— 
The Secretary of State shall take due care to ensure that 
the identification of witnesses and physical evidence are 
not publicly disclosed in a manner that might place such 
persons at risk of harm or encourage the destruction of 
evidence by the Government of Burma. 
(d) AUTHORIZATION TO PROVIDE TECHNICAL AS-
SISTANCE.— 
(1) IN GENERAL.—The Secretary of State is 
authorized to provide assistance to support appro-
1070 
priate entities that are undertaking the efforts de-
scribed in paragraph (2) with respect to ethnic 
cleansing, crimes against humanity, and genocide 
perpetrated by the military and security forces of 
Burma, the state government of Rakhine, Buddhist 
militias, and all other armed groups fighting in 
Rakhine State. 
(2) 
EFFORTS
AGAINST
HUMAN
RIGHTS 
ABUSES.—The efforts described in this paragraph 
are the following: 
(A) Identifying suspected perpetrators of 
ethnic cleansing, crimes against humanity, and 
genocide. 
(B) Collecting, documenting, and pro-
tecting evidence of such crimes and preserve the 
chain of custody for such evidence. 
(C) Conducting criminal investigations. 
(D) Supporting investigations conducted 
by other countries, as appropriate. 
(3) ADDITIONAL SUPPORT.—The Secretary of 
State, taking into account any relevant findings in 
the report required by subsection (a), is authorized 
to support the creation and operation of transitional 
justice mechanisms, including a potential hybrid tri-
bunal, to prosecute individuals suspected of commit-
1071 
ting ethnic cleansing, crimes against humanity, or 
genocide in Burma. 
SEC. 1299O–5. APPROPRIATE CONGRESSIONAL COMMIT-
TEES. 
In this subtitle, the term ‘‘appropriate congressional 
committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
TITLE XIII—COOPERATIVE 
THREAT REDUCTION 
SEC. 1301. FUNDING ALLOCATIONS. 
Of the $335,240,000 authorized to be appropriated 
to the Department of Defense for fiscal year 2019 in sec-
tion 301 and made available by the funding table in divi-
sion G 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, 
$2,823,000.
1072 
(2) 
For 
chemical 
weapons 
destruction, 
$5,446,000. 
(3) For global nuclear security, $29,001,000. 
(4) For cooperative biological engagement, 
$197,585,000. 
(5) For proliferation prevention, $74,937,000. 
(6) For activities designated as Other Assess-
ments/Administrative Costs, $25,448,000. 
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 G for the Department of Defense 
Cooperative Threat Reduction Program shall be available 
for obligation for fiscal years 2019, 2020, and 2021. 
TITLE XIV—OTHER 
AUTHORIZATIONS 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2019 for the use of the Armed Forces and other 
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 7501.
1073 
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 2019 for expenses, not oth-
erwise provided for, for Chemical Agents and Munitions 
Destruction, Defense, as specified in the funding table in 
section 7501. 
(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 2019 for ex-
penses, not otherwise provided for, for Drug Interdiction 
and Counter-Drug Activities, Defense-wide, as specified in 
the funding table in section 7501.
1074 
SEC. 1404. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2019 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 7501. 
SEC. 1405. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for 
fiscal year 2019 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 7501. 
SEC. 1406. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for 
fiscal year 2019 for the National Defense Sealift Fund, 
as specified in the funding tables in section 7501. 
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
1075 
and maintenance, $113,000,000 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 
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 2019 from the Armed Forces Retirement Home
1076 
Trust Fund the sum of $64,300,000 for the operation of 
the Armed Forces Retirement Home. 
SEC. 1413. QUARTERLY BRIEFING ON PROGRESS OF CHEM-
ICAL DEMILITARIZATION PROGRAM. 
Section 1412(j) of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521(j)) is amended— 
(1) in the heading, by striking ‘‘Semiannual Re-
ports’’ and inserting ‘‘QUARTERLY BRIEFING’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘March 1’’ and all that fol-
lows through ‘‘the year in which’’ and inserting 
‘‘90 days after the date of the enactment of the 
National Defense Authorization Act for Fiscal 
Year 2019, and every 90 days thereafter until’’; 
(B) by striking ‘‘submit to’’ and inserting 
‘‘brief’’; 
(C) by striking ‘‘a report on the implemen-
tation’’ and inserting ‘‘on the progress made’’; 
and 
(D) by striking ‘‘of its chemical weapons 
destruction obligations’’ and inserting ‘‘toward 
fulfilling its chemical weapons destruction obli-
gations’’; and 
(3) by striking paragraph (2) and inserting the 
following:
1077 
‘‘(2) Each briefing under paragraph (1) shall 
include a description of contractor costs and per-
formance relative to schedule, the progress to date 
toward the complete destruction of the stockpile, and 
any other information the Secretary determines to 
be relevant.’’. 
TITLE XV—AUTHORIZATION OF 
ADDITIONAL 
APPROPRIA-
TIONS FOR OVERSEAS CON-
TINGENCY OPERATIONS 
Subtitle A—Authorization of 
Appropriations 
SEC. 1501. PURPOSE OF CERTAIN AUTHORIZATIONS OF AP-
PROPRIATIONS. 
The purpose of this subtitle is to authorize appropria-
tions for the Department of Defense for fiscal year 2019 
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 2019 for procurement accounts for the Army, 
the Navy and the Marine Corps, the Air Force, and De-
fense-wide activities, as specified in the funding table in 
section 7102.
1078 
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION. 
Funds are hereby authorized to be appropriated for 
fiscal year 2019 for the use of the Department of Defense 
for research, development, test, and evaluation, as speci-
fied in the funding table in section 7202. 
SEC. 1504. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2019 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 
7302. 
SEC. 1505. MILITARY PERSONNEL. 
Funds are hereby authorized to be appropriated for 
fiscal year 2019 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for military per-
sonnel, as specified in the funding table in section 7402. 
SEC. 1506. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2019 for the use of the Armed Forces and other 
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 7502.
1079 
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 2019 for ex-
penses, not otherwise provided for, for Drug Interdiction 
and Counter-Drug Activities, Defense-wide, as specified in 
the funding table in section 7502. 
SEC. 1508. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2019 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 7502. 
SEC. 1509. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2019 for ex-
penses, not otherwise provided for, for the Defense Health 
Program, as specified in the funding table in section 7502. 
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.—
1080 
(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 
$4,500,000,000. 
(b) TERMS AND CONDITIONS.—Transfers under this 
section shall be subject to the same terms and conditions 
as transfers under section 1001. 
(c) ADDITIONAL AUTHORITY.—The transfer author-
ity provided by this section is in addition to the transfer 
authority provided under section 1001. 
Subtitle C—Limitations, Reports, 
and Other Matters 
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND. 
(a) CONTINUATION OF PRIOR AUTHORITIES AND NO-
TICE AND REPORTING REQUIREMENTS.—Funds available
1081 
to the Department of Defense for the Afghanistan Secu-
rity Forces Fund for fiscal year 2019 shall be subject to 
the conditions contained in subsections (b) through (g) of 
section 1513 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
428), as amended by section 1531(b) of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4424). 
(b) EQUIPMENT DISPOSITION.— 
(1) ACCEPTANCE OF CERTAIN EQUIPMENT.— 
Subject to paragraph (2), the Secretary of Defense 
may accept equipment that is procured using 
amounts in the Afghanistan Security Forces Fund 
authorized under this Act and is intended for trans-
fer to the security forces of Afghanistan, but is not 
accepted 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 the equipment was pro-
cured for the purpose of meeting requirements of the 
security forces of Afghanistan, as agreed to by both 
the Government of Afghanistan and the United 
States, but is no longer required by such security
1082 
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 
in Afghanistan shall consider alternatives to Sec-
retary of Defense acceptance of the equipment. An 
explanation of each determination, including the 
basis for the determination and the alternatives con-
sidered, shall be included in the relevant quarterly 
report 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 of Defense shall submit to 
the congressional defense committees a report
1083 
describing the equipment accepted during the 
period covered by such report under the fol-
lowing: 
(i) This subsection. 
(ii) Section 1521(b) of the National 
Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91; 131 Stat. 
1711). 
(iii) Section 1521(b) of the National 
Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 
2575). 
(iv) Section 1531(b) of the National 
Defense Authorization Act for Fiscal Year 
2016 (Public Law 114–92; 129 Stat. 
1088). 
(v) 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). 
(vi) 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).
1084 
(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 the 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 Afghanistan Security 
Forces Fund for fiscal year 2019, it is the goal that 
$18,000,000, 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 women into the Af-
ghan National Defense and Security Forces, in-
cluding the special operations forces;
1085 
(B) programs and activities of the Afghan 
Ministry of Defense Directorate of Human 
Rights and Gender Integration and the Afghan 
Ministry of Interior Office of Human Rights, 
Gender and Child Rights; 
(C) development and dissemination of gen-
der and human rights educational and training 
materials and programs within the Afghan Min-
istry of Defense and the Afghan Ministry of In-
terior; 
(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; and 
(G) security provisions for high-profile fe-
male police and army officers. 
(d) ASSESSMENT OF AFGHANISTAN PROGRESS ON 
SECURITY COOPERATION OBJECTIVES.—
1086 
(1) ASSESSMENT
REQUIRED.—Not later than 
June 1, 2019, 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 the efforts of the Government of the 
Islamic Republic of Afghanistan to manage, employ, 
and sustain the equipment and inventory provided 
through the authority under subsection (a). In con-
ducting such assessment, the Secretary of Defense 
shall consider each of the following: 
(A) The ability of the Afghanistan Min-
istry of Defense and the Ministry of Interior to 
manage and account for previously-divested 
equipment, including a description of any 
vulnerabilities or weaknesses of each such Min-
istry’s internal controls and any plan in place to 
address shortfalls. 
(B) A description of the monitoring and 
evaluation systems in place to ensure assistance 
provided through such authority is used only 
for the intended purposes.
1087 
(C) Any irregularities in the divestment of 
equipment to the Afghan National Defense and 
Security Forces during the period beginning on 
the date of the creation of the Afghanistan Se-
curity Forces Fund, 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. 
(D) A description of the sustainment and 
maintenance costs required for major weapons 
platforms previously divested, over the 5-year 
period beginning on the date of the enactment 
of this Act and a plan for how the Afghan Na-
tional Defense and Security Forces intends to 
maintain such platforms in the future. 
(E) An assessment of the distribution 
practices of the Afghan National Defense and 
Security Forces, including the manner in which 
equipment received through the Afghanistan 
Security Forces Fund is employed. 
(F) The degree to which the Government 
of Afghanistan is effectively implementing an 
anti-corruption strategy. 
(G) The extent to which the Government 
of Afghanistan is adhering to conditions for re-
1088 
ceiving assistance established in annual finan-
cial commitment letters or any other bilateral 
agreements with the United States. 
(2) WITHHOLDING OF ASSISTANCE FOR INSUF-
FICIENT PROGRESS.— 
(A) IN GENERAL.—If the Secretary of De-
fense determines, in consultation with the Sec-
retary of State and taking into consideration 
the assessment under paragraph (1), that the 
Government of Afghanistan has made insuffi-
cient progress toward maintaining and employ-
ing equipment provided by the United States, 
the Secretary of Defense may withhold assist-
ance for the Afghan National Defense and Se-
curity Forces under this section until such time 
as the Secretary determines sufficient progress 
has been made. 
(B) NOTICE
TO
CONGRESS.—The Sec-
retary of Defense shall, in coordination with the 
Secretary of State, provide notice to Congress— 
(i) not later than 30 days after mak-
ing a decision to withhold assistance pur-
suant to subparagraph (A); and
1089 
(ii) not later than 30 days before re-
suming any such assistance pursuant to 
such subparagraph. 
SEC. 1522. JOINT IMPROVISED-THREAT DEFEAT FUND. 
(a) USE AND TRANSFER OF FUNDS.—Subsections 
(b) and (c) of section 1514 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2439), as in effect before the 
amendments made by section 1503 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4649), shall apply to the 
funds made available for fiscal year 2019 to the Depart-
ment of Defense for the Joint Improvised-Threat Defeat 
Fund. 
(b) INTERDICTION OF IMPROVISED EXPLOSIVE DE-
VICE PRECURSOR CHEMICALS.— 
(1) AVAILABILITY
OF
FUNDS.—Of the funds 
made available to the Department of Defense for the 
Joint Improvised-Threat Defeat Fund for fiscal year 
2019, $15,000,000 may be available to the Secretary 
of Defense, with the concurrence of the Secretary of 
State, to provide training, equipment, supplies, and 
services to ministries and other entities of foreign 
governments that the Secretary has identified as
1090 
critical for countering the flow of improvised explo-
sive device precursor chemicals. 
(2) PROVISION
THROUGH
OTHER
US
AGEN-
CIES.—If jointly agreed upon by the Secretary of 
Defense and the head of another department or 
agency of the United States Government, the Sec-
retary of Defense may transfer funds available 
under paragraph (1) to such department or agency 
for the provision by such department or agency of 
training, equipment, supplies, and services to min-
istries and other entities of foreign governments as 
described in that paragraph. 
(3) NOTICE TO CONGRESS.—None of the funds 
made available pursuant to paragraph (1) may be 
obligated or expended to supply training, equipment, 
supplies, or services to a foreign country before the 
date that is 15 days after the date on which the Sec-
retary of Defense, in coordination with the Secretary 
of State, submits to the Committee on Armed Serv-
ices and the Committee on Foreign Relations of the 
Senate and the Committee on Armed Services and 
the Committee on Foreign Affairs of the House of 
Representatives a notice that contains—
1091 
(A) the foreign country for which training, 
equipment, supplies, or services are proposed to 
be supplied; 
(B) a description of the training, equip-
ment, supplies, and services to be provided 
using such funds; 
(C) a detailed description of the amount of 
funds proposed to be obligated or expended to 
supply such training, equipment, supplies or 
services, including any funds proposed to be ob-
ligated or expended to support the participation 
of another department or agency of the United 
States and a description of the training, equip-
ment, supplies, or services proposed to be sup-
plied; 
(D) an evaluation of the effectiveness of 
the efforts of the foreign country identified 
under subparagraph (A) to counter the flow of 
improvised explosive device precursor chemicals; 
and 
(E) an overall plan for countering the flow 
of precursor chemicals in the foreign country 
identified under subparagraph (A). 
(4) EXPIRATION.—The authority provided by 
this subsection expires on December 31, 2019.
1092 
(c) TRANSITION PLAN REQUIRED.—Not later than 
March 1, 2019, the Secretary of Defense shall submit to 
the Committees on Armed Services of the House of Rep-
resentatives and the Senate a plan to transition funding 
for the Joint Improvised-Threat Defeat Fund from 
amounts made available for overseas contingency oper-
ations to amounts otherwise made available for the pur-
poses of such Fund. 
SEC. 1523. SEPARATE ACCOUNT LINES FOR OVERSEAS CON-
TINGENCY OPERATIONS FUNDS. 
For accountability and transparency purposes, the 
Director of the Office of Management and Budget and the 
Secretary of Defense shall establish separate accounts to 
ensure that amounts authorized to be appropriated pursu-
ant to this title are administered separately from amounts 
otherwise authorized to be appropriated or made available 
for the Department of Defense. 
SEC. 1524. ENDURING COSTS FUNDED THROUGH OVERSEAS 
CONTINGENCY OPERATIONS. 
Beginning with the submission of the annual budget 
for fiscal year 2020, and for each fiscal year thereafter, 
the Secretary of Defense shall submit to Congress, as a 
part of the documentation that supports the President’s 
annual budget for the Department of Defense for such fis-
cal year (as submitted to Congress under section 1105 of
1093 
title 31, United States Code), an estimate for the costs 
of operations currently supported in part or in whole by 
funding for overseas contingency operations that are likely 
to continue beyond such contingency. The Secretary shall 
ensure that each estimate is consistent with the rec-
ommendations included in the Government Accountability 
Report entitled ‘‘Overseas Contingency Operations: OMB 
and DOD Should Revise the Criteria for Determining Eli-
gible Costs and Identify the Costs Likely to Endure Long 
Term’’ published January 18, 2017. 
SEC. 1525. COMPTROLLER GENERAL REPORT ON USE OF 
FUNDS PROVIDED BY OVERSEAS CONTIN-
GENCY OPERATIONS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall submit to Congress a report on 
how funds authorized to be appropriated for fiscal year 
2018 for overseas contingency operations were obligated. 
(b) FORM.—The report under subsection (a) shall be 
submitted in unclassified form, but may include a classi-
fied annex.
1094 
TITLE 
XVI—STRATEGIC 
PRO-
GRAMS, CYBER, AND INTEL-
LIGENCE MATTERS 
Subtitle A—Space Activities 
SEC. 1601. IMPROVEMENTS TO ACQUISITION SYSTEM, PER-
SONNEL, 
AND 
ORGANIZATION 
OF 
SPACE 
FORCES. 
(a) PLAN FOR ACQUISITION SYSTEM.— 
(1) DEVELOPMENT.—The Deputy Secretary of 
Defense shall develop a plan to establish a separate, 
alternative acquisition system for defense space ac-
quisitions, including with respect to procuring space 
vehicles, ground segments relating to such vehicles, 
and satellite terminals. 
(2) REQUIREMENTS PROCESS.—The plan devel-
oped under paragraph (1) shall include recommenda-
tions of the Deputy Secretary with respect to wheth-
er the separate, alternative acquisition system de-
scribed in the plan should use the Joint Capabilities 
Integration and Development System process or in-
stead use a new requirements process developed by 
the Deputy Secretary in a manner that ensures that 
requirements for a program are synchronized across 
the space vehicles, ground segments relating to such 
vehicles, and satellite terminals, of the program.
1096 
ber or the employee, as the case may be, 
including with respect to— 
(I) defining career professional 
milestones; 
(II) pay and incentive structures; 
(III) the management and over-
sight of the space cadre; 
(IV) training relating to planning 
and executing warfighting missions 
and operations in space; 
(V) conducting periodic cadre- 
wide professional assessments to de-
termine how the cadre is developing 
as a group; and 
(VI) establishing a centralized 
method to control personnel assign-
ments and distribution. 
(ii) The identification of future space- 
related career fields that the Secretary de-
termines appropriate, including a space ac-
quisition career field. 
(iii) The identification of any overlap 
that exists among operations and acquisi-
tions career fields to determine opportuni-
1097 
ties for cross-functional career opportuni-
ties. 
(C) SUBMISSION.—Not later than March 
1, 2019, the Secretary shall submit to the con-
gressional defense committees a report con-
taining the plan developed under subparagraph 
(A). 
(2) NUMBERED AIR FORCE.— 
(A) ESTABLISHMENT.—Not later than De-
cember 31, 2019, the Secretary of the Air 
Force shall establish as part of the Air Force 
a new numbered Air Force that is— 
(i) responsible for carrying out space 
warfighting operations; and 
(ii) assigned to the United States 
Space Command established by section 169 
of title 10, United States Code, as added 
by subsection (c). 
(B) EFFECT ON 14TH AIR FORCE.—The 
establishment of a new numbered Air Force 
under subparagraph (A) shall not effect the 
space support mission of the 14th Air Force, 
including with respect to— 
(i) space launches, training, and exer-
cises; and
1098 
(ii) being assigned to the Air Force 
Space Command. 
(C) PLAN.—Not later than December 31, 
2019, the Secretary shall submit to the congres-
sional defense committees a plan to establish 
the new numbered Air Force under subpara-
graph (A). 
(c) ESTABLISHMENT
OF SUBORDINATE UNIFIED 
COMMAND.— 
(1) IN GENERAL.—Chapter 6 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 169. Subordinate unified command of the United 
States Strategic Command 
‘‘(a) ESTABLISHMENT.—With the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff, the 
President, through the Secretary of Defense, shall estab-
lish under the United States Strategic Command a subor-
dinate unified command to be known as the United States 
Space Command (in this section referred to as ‘space com-
mand’) for carrying out joint space warfighting oper-
ations. 
‘‘(b) ASSIGNMENT OF FORCES.—Unless otherwise di-
rected by the Secretary of Defense, all active and reserve 
space warfighting operational forces of the armed forces
1099 
shall be assigned to the space command, including the 
numbered Air Force responsible for carrying out space 
warfighting operations. 
‘‘(c) COMMANDER.—(1) The commander of the space 
command shall hold the grade of general or, in the case 
of an officer of the Navy, admiral while serving in that 
position, without vacating the permanent grade of the offi-
cer. The commander shall be appointed to that grade by 
the President, by and with the advice and consent of the 
Senate, for service in that position. The position shall be 
designated, pursuant to subsection (b) of section 526 of 
this title, as one of the general officer and flag officer posi-
tions to be excluded from the limitations in subsection (a) 
of such section. 
‘‘(2) During the three-year period following the date 
on which the space command is established, the com-
mander of the Air Force Space Command may also serve 
as the commander of the space command so established. 
After such period, one individual may not concurrently 
serve as both such commanders. 
‘‘(d) AUTHORITY OF COMMANDER.—(1) Subject to 
the authority, direction, and control of the commander of 
the United States Strategic Command, the commander of 
the space command shall be responsible for, and shall have
1100 
the authority to conduct, all affairs of such command re-
lating to joint space warfighting operations. 
‘‘(2)(A) Subject to the authority, direction, and con-
trol of the Deputy Secretary of Defense, the commander 
of the space command shall be responsible for, and shall 
have the authority to conduct, the following functions re-
lating to joint space warfighting operations (whether or 
not relating to the space command): 
‘‘(i) Developing strategy, doctrine, and tactics. 
‘‘(ii) Preparing and submitting to the Secretary 
of Defense program recommendations and budget 
proposals for space operations forces and for other 
forces assigned to the space command. 
‘‘(iii) Exercising authority, direction, and con-
trol over the expenditure of funds for forces assigned 
directly to the space command. 
‘‘(iv) Training and certification of assigned 
joint forces. 
‘‘(v) Conducting specialized courses of instruc-
tion for commissioned and noncommissioned officers. 
‘‘(vi) Validating requirements. 
‘‘(vii) Establishing priorities for requirements. 
‘‘(viii) Ensuring the interoperability of equip-
ment and forces.
1101 
‘‘(ix) Formulating and submitting requirements 
for intelligence support. 
‘‘(x) Monitoring the promotion of space oper-
ation forces and coordinating with the military de-
partments regarding the assignment, retention, 
training, professional military education, and special 
and incentive pays of space operation forces. 
‘‘(B) The authority, direction, and control exercised 
by the Deputy Secretary of Defense for purposes of this 
paragraph is authority, direction, and control with respect 
to the administration and support of the space command, 
including readiness and organization of space operations 
forces, space operations-peculiar equipment and resources, 
and civilian personnel. 
‘‘(C) Nothing in this paragraph shall be construed as 
providing the Deputy Secretary of Defense authority, di-
rection, and control of operational matters that are subject 
to the operational chain of command of the combatant 
commands or the exercise of authority, direction, and con-
trol of personnel, resources, equipment, and other matters 
that are not space-operations peculiar and that are in the 
purview of the armed forces. 
‘‘(3) The commander of the space command shall be 
responsible for—
1102 
‘‘(A) ensuring the combat readiness of forces 
assigned to the space command; and 
‘‘(B) monitoring the preparedness to carry out 
assigned missions of space forces assigned to unified 
combatant commands other than the United States 
Strategic Command. 
‘‘(4) The staff of the commander shall include an in-
spector general who shall conduct internal audits and in-
spections of purchasing and contracting actions through 
the space command and such other inspector general func-
tions as may be assigned. 
‘‘(e) INTELLIGENCE AND SPECIAL ACTIVITIES.—This 
section does not constitute authority to conduct any activ-
ity which, if carried out as an intelligence activity by the 
Department of Defense, would require a notice to the Se-
lect Committee on Intelligence of the Senate and the Per-
manent Select Committee on Intelligence of the House of 
Representatives under title V of the National Security Act 
of 1947 (50 U.S.C. 3091 et seq.).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 167b 
the following new item: 
‘‘169. Subordinate unified command of the United States Strategic Command’’. 
(3) BRIEFING.—The Secretary of the Air Force 
shall provide the Committees on Armed Services of
1103 
the House of Representatives and the Senate a brief-
ing on the need to develop additional recruitment 
measures or Reserve Officer Training Corps pro-
grams relating to space career fields. 
SEC. 1602. RAPID, RESPONSIVE, AND RELIABLE SPACE 
LAUNCH. 
(a) ASSURED ACCESS TO SPACE.—Section 2273 of 
title 10, United States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘; and’’; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) the availability of rapid, responsive, and 
reliable space launches for national security space 
programs to— 
‘‘(A) improve the responsiveness and flexi-
bility of a national security space system; 
‘‘(B) lower the costs of launching a na-
tional security space system; and 
‘‘(C) maintain risks of mission success at 
acceptably low levels.’’; and
1104 
(2) in subsection (c), by inserting before the pe-
riod at the end the following: ‘‘and the Director of 
National Intelligence’’. 
(b) REUSABILITY OF LAUNCH VEHICLES.— 
(1) DESIGNATION.—Effective March 1, 2019, 
the Evolved Expendable Launch Vehicle program of 
the Department of Defense shall be known as the 
‘‘National Security Space Launch program’’. Any 
reference in Federal law, regulations, guidance, in-
structions, or other documents of the Federal Gov-
ernment to the Evolved Expendable Launch Vehicle 
program shall be deemed to be a reference to the 
National Security Space Launch program. 
(2) REQUIREMENT.—In carrying out the Na-
tional Security Space Launch program, the Sec-
retary of Defense shall provide for consideration of 
both reusable and expendable launch vehicles with 
respect to any solicitation occurring on or after 
March 1, 2019, for which the use of a reusable 
launch vehicle is technically capable and maintains 
risk at acceptable levels. 
(3) NOTIFICATION OF SOLICITATIONS FOR NON- 
REUSABLE LAUNCH VEHICLES.—Beginning March 1, 
2019, if the Secretary proposes to issue a solicita-
tion for a contract for space launch services for
1105 
which the use of reusable launch vehicles is not eligi-
ble for the award of the contract, the Secretary shall 
notify in writing the appropriate congressional com-
mittees of such proposed solicitation, including jus-
tifications for such ineligibility, by not later than 60 
days before issuing such solicitation. 
(c) RISK AND COST IMPACT ANALYSIS.— 
(1) IN GENERAL.—The Secretary shall conduct 
a risk and cost impact analysis with respect to 
launch services that use reusable launch vehicles. 
Such analysis shall include— 
(A) an assessment of how the inspection 
and certification regime of the Air Force for 
previously flown launch vehicles will ensure in-
creased responsiveness and operational flexi-
bility while maintaining acceptably low risk; and 
(B) an assessment of the anticipated cost 
savings to the Department of Defense realized 
by using a previously flown launch vehicle or 
components. 
(2) SUBMISSION.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the appropriate congressional 
committees the analysis conducted under paragraph 
(1).
1106 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(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. PROVISION OF SPACE SITUATIONAL AWARENESS 
SERVICES AND INFORMATION. 
(a) ROLE OF DEPARTMENT OF DEFENSE.—Section 
2274(a) of title 10, United States Code, is amended— 
(1) by striking ‘‘The Secretary of Defense may’’ 
and inserting ‘‘(1) Except as provided by paragraph 
(2), the Secretary of Defense may’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Beginning January 1, 2024, the Secretary may 
provide space situational awareness services and informa-
tion to, and may obtain space situational awareness data 
and information from, non-United States Government en-
tities under paragraph (1) only to the extent that the Sec-
retary determines such actions are necessary to meet the 
national security interests of the United States.’’. 
(b) INDEPENDENT ASSESSMENT.—
1107 
(1) FFRDC.—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 for 
which the Department of Defense is a sponsor to as-
sess which single or combination of departments or 
agencies of the Federal Government, if any, should 
assume the authorities of the Secretary of Defense 
under paragraph (1) of section 2274(a) of title 10, 
United States Code, that the Secretary will no 
longer carry out beginning on January 1, 2024, pur-
suant to paragraph (2) of such section, as added by 
subsection (a) of this section. 
(2) CONSIDERATIONS.—The assessment under 
paragraph (1) shall consider the following: 
(A) The existing staff, budgetary re-
sources, and institutional expertise of the de-
partments and agencies of the Federal Govern-
ment evaluated by the assessment. 
(B) The demonstrated ability of such de-
partments and agencies to work collaboratively 
with industry in developing best practices or 
consensus standards.
1108 
(C) The capacity of such departments and 
agencies to facilitate communication between 
space object operators to avoid a collision. 
(D) The ability of such departments and 
agencies to use other transaction agreements or 
similar transaction mechanisms. 
(E) 
Existing 
non-profit 
organizations 
through which such departments and agencies 
may oversee the private provision of space situ-
ational awareness services and information. 
(3) SUBMISSION.— 
(A) DOD.—Not later than 180 days after 
the date on which the Secretary and a federally 
funded research and development center enter 
into the contract under paragraph (1), the cen-
ter shall submit to the Secretary a report on 
the assessment conducted under such para-
graph. 
(B) CONGRESS.—Not later than 10 days 
after the date on which the Secretary receives 
the report under subparagraph (A), the Sec-
retary shall submit to the appropriate congres-
sional committees such report, without change. 
(c) PLAN.—
1109 
(1) DEVELOPMENT.—The Secretary of Defense, 
in coordination with the heads of other departments 
or agencies of the Federal Government determined 
appropriate by the Secretary, shall develop a plan to 
ensure that one or more departments or agencies of 
the Federal Government other than the Department 
of Defense may provide space situational awareness 
services and information to non-United States Gov-
ernment entities. 
(2) CONSIDERATION.—In developing the plan 
under paragraph (1), the Secretary shall take into 
consideration the assessment conducted under sub-
section (b)(1). 
(3) SUBMISSION.—Not later than 180 days 
after the date on which the Secretary submits the 
report under subsection (b)(3), the Secretary shall 
submit to the appropriate congressional committees 
the plan developed under paragraph (1). 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Science, Space, and 
Technology, the Committee on Transportation and 
Infrastructure, the Committee on Energy and Com-
1110 
merce, the Committee on Foreign Affairs, and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
(3) The Committee on Commerce, Science, and 
Transportation, the Committee on Foreign Rela-
tions, and the Select Committee on Intelligence of 
the Senate. 
SEC. 1604. BUDGET ASSESSMENTS FOR NATIONAL SECU-
RITY SPACE PROGRAMS. 
Section 239(b)(1) of title 10, United States Code, is 
amended to read as follows: 
‘‘(1) Not later than 30 days after the date on which 
the President submits to Congress the budget for each of 
fiscal years 2017 through 2021, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the budget for national security space programs 
of the Department of Defense. The Secretary may include 
the report in the defense budget materials if the Secretary 
submits such materials to Congress by such date.’’. 
SEC. 1605. ENHANCEMENT OF POSITIONING, NAVIGATION, 
AND TIMING CAPACITY. 
(a) CAPABILITY FOR TRUSTED SIGNALS.—The Sec-
retary of the Air Force shall ensure that military Global 
Positioning System user equipment terminals have the ca-
pability, including with appropriate mitigation efforts, to
1112 
SEC. 1606. USE OF SMALL- AND MEDIUM-SIZE BUSES FOR 
STRATEGIC AND TACTICAL SATELLITE PAY-
LOADS. 
(a) BRIEFING ON RISKS, BENEFITS, AND COST SAV-
INGS.— 
(1) BRIEFING.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of Defense, in coordination with the Director of Na-
tional Intelligence, shall provide to the Committees 
on Armed Services of the House of Representatives 
and the Senate, and to any other appropriate con-
gressional committee upon request, a briefing on the 
risks, benefits, and cost savings with respect to 
using small- and medium-size buses for strategic and 
tactical satellite payloads for protected satellite com-
munications programs and next-generation overhead 
persistent infrared systems. 
(2) MATTERS
INCLUDED.—The briefing pro-
vided under paragraph (1) shall address the fol-
lowing: 
(A) Increasing component and subcompo-
nent commonality for power regulation, solar 
arrays, battery technology, thermal control, and 
avionics.
1113 
(B) The security of the supply chain, in-
cluding a strategy to mitigate risk in such sup-
ply chain. 
(b) ANALYSES OF ALTERNATIVES.— 
(1) CERTIFICATIONS.—With respect to each 
analysis of alternatives of new space vehicles relating 
to a program described in paragraph (2), the Direc-
tor for Cost Assessment and Program Evaluation 
shall certify to the appropriate congressional com-
mittees that the analysis— 
(A) includes materiel solutions for using 
small- and medium-size buses; and 
(B) considers the relevant operational 
benefits and potential cost savings of using 
small-, medium-, and large-size buses. 
(2) PROGRAMS DESCRIBED.—The programs de-
scribed in this paragraph are the programs of the 
Department of Defense relating to any of the fol-
lowing: 
(A) Protected satellite communications. 
(B) Next-generation overhead persistent 
infrared systems. 
(C) Space-based environmental monitoring. 
(c) BRIEFING ON ALTERNATIVE SPACE-BASED AR-
CHITECTURES.—Not later than 240 days after the date
1114 
of the enactment of this Act, the Secretary of Defense, 
the Secretary of the Air Force, and the Chairman of the 
Joint Chiefs of Staff shall jointly provide to the Commit-
tees on Armed Services of the House of Representatives 
and the Senate, and to any other appropriate congres-
sional committee upon request, a briefing on alternative 
space-based architectures for the programs described in 
subsection (b)(2) using small-, medium-, and large-size 
buses. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate. 
SEC. 1607. DESIGNATION OF COMPONENT OF DEPARTMENT 
OF DEFENSE RESPONSIBLE FOR COORDINA-
TION OF MODERNIZATION EFFORTS RELAT-
ING TO MILITARY-CODE CAPABLE GPS RE-
CEIVER CARDS. 
(a) DESIGNATION.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in coordination with the Secretaries of the military 
departments and the heads of Defense Agencies the Sec-
1115 
retary determines appropriate, shall designate a compo-
nent of the Office of the Secretary of Defense to be re-
sponsible for coordinating common solutions for the M- 
code modernization efforts among the military depart-
ments, Defense Agencies, and other appropriate elements 
of the Department of Defense. 
(b) ROLES AND RESPONSIBILITIES.—The roles and 
responsibilities of the component selected under subsection 
(a) shall include the following: 
(1) Identify the elements of the Department of 
Defense and the programs of the Department that 
require M-code capable receiver cards and deter-
mine— 
(A) the number of total receiver cards re-
quired by the Department, including the num-
ber required for each such element and pro-
gram and the military departments; 
(B) the timeline, by fiscal year, for each 
program of the Department conducting M-code 
modernization efforts; and 
(C) the projected cost for each such pro-
gram. 
(2) Systematically collect integration test data, 
lessons learned, and design solutions, and share such 
information with other elements of the Department.
1116 
(3) Identify ways the Department can prevent 
duplication in conducting M-code modernization ef-
forts, and identify, to the extent practicable, poten-
tial cost savings that could be realized by addressing 
such duplication. 
(4) Coordinate the integration, testing, and pro-
curement of M-code capable receiver cards to ensure 
that the Department maximizes the buying power of 
the Department, reduces duplication, and saves re-
sources, where possible. 
(c) SUPPORT.—The Secretary of Defense shall ensure 
the military departments, the Defense Agencies, and other 
elements of the Department of Defense provide the compo-
nent selected under subsection (a) with the appropriate 
support and resources needed to perform the roles and re-
sponsibilities under subsection (b). 
(d) REPORTS.—Not later than March 15, 2019, and 
annually thereafter through 2021, the Secretary of De-
fense shall provide to the congressional defense commit-
tees a report on M-code modernization efforts. Each re-
port shall include, with respect to the period covered by 
the report, the following: 
(1) The projected cost and schedule, by fiscal 
year, for the Department to acquire M-code capable 
receiver cards.
1117 
(2) The programs of the Department con-
ducting M-code modernization efforts. 
(3) The number of M-code capable receiver 
cards procured by the Department, the number of 
such receiver cards yet to be procured, and the per-
centage of the M-code modernization efforts com-
pleted by each program identified under paragraph 
(2). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘M-code capable receiver card’’ 
means a Global Positioning System receiver card 
that is capable of receiving military code that pro-
vides enhanced positioning, navigation, and timing 
capabilities and improved resistance to existing and 
emerging threats, such as jamming. 
(2) The term ‘‘M-code modernization efforts’’ 
means the development, integration, testing, and 
procurement programs of the Department of De-
fense relating to developing M-code capable receiver 
cards. 
SEC. 1608. DESIGNATION OF COMPONENT OF DEPARTMENT 
OF DEFENSE RESPONSIBLE FOR COORDINA-
TION OF HOSTED PAYLOAD INFORMATION. 
(a) FINDINGS.—Congress finds the following:
1118 
(1) Using commercially hosted payloads is an 
option for the Department of Defense that should be 
considered in analyses of alternatives, as it could in-
crease cost savings, speed up capability to orbit, and 
contribute 
to 
resilience 
through 
the 
use 
of 
disaggregated space systems by the Department. 
(2) The use by the Department of commercially 
hosted payloads has been limited so far, using com-
mercial satellites to host three experimental payloads 
to date, though the use of hosted payloads could ex-
pand in the future. 
(3) The Department does not have the knowl-
edge the Department needs to determine if commer-
cially hosted payloads are an acquisition approach 
worth pursuing. 
(4) The Department faces challenges in match-
ing payloads to commercial hosts, due to numerous 
logistical challenges to matching payloads to hosts, 
including coordinating the size, weight and power of 
the payload with the commercial host, and aligning 
acquisition and funding timelines between govern-
ment and commercial programs. 
(5) The Comptroller General of the United 
States in preliminary findings concluded that the 
space acquisition culture of the Department lacks
1119 
sufficient knowledge, such as costs, technical param-
eters, and lessons learned, to determine the benefits 
and address the challenges of using commercially 
hosted payloads and that the existing knowledge is 
fragmented across the Department without any 
plans to consolidate it. 
(6) Programs are not required to report data 
on commercially hosted payloads to any centralized 
office or database, and leveraging cost and technical 
data from hosted payload efforts could inform future 
interested programs and avoid duplication of efforts, 
but currently no such comprehensive data source ex-
ists. 
(b) DESIGNATION.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in coordination with the Secretary of the Air Force, 
and other Secretaries of the military departments and the 
heads of Defense Agencies the Secretary determines ap-
propriate, shall designate a component of the Department 
of Defense or a military department to be responsible for 
coordinating information, processes, and lessons learned 
relating to using commercially hosted payloads across the 
military departments, Defense Agencies, and other appro-
priate elements of the Department of Defense. The func-
1120 
tions of such designated component shall include, at a 
minimum, the following: 
(1) Systematically collecting information from 
past and planned hosted payload arrangements to 
inform future acquisition planning and space system 
architecture design, including integration test data, 
lessons learned, and design solutions. 
(2) Creating a centralized database for cost, 
technical data, and lessons learned on commercially 
hosted payloads and sharing such information with 
other elements of the Department. 
SEC. 1609. LIMITATION ON AVAILABILITY OF FUNDS FOR 
JOINT SPACE OPERATIONS CENTER MISSION 
SYSTEM. 
(a) JMS.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2019 for the Joint Space Operations Center mission 
system may be obligated or expended until the date on 
which the Deputy Secretary of Defense makes the certifi-
cation under subsection (c). 
(b) ESBMC2.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2019 for service and management applications of the 
enterprise space battle management command and con-
trol, not more than 75 percent may be obligated or ex-
1121 
pended until the date on which the Deputy Secretary of 
Defense makes the certification under subsection (c). 
(c) CERTIFICATION.—The Deputy Secretary of De-
fense, without delegation, shall certify to the congressional 
defense committees that the Secretary of the Air Force 
has entered into a contract to operationalize existing, 
proven, best-in-breed commercial space situational aware-
ness processing software to address warfighter require-
ments and fill gaps in current space situational capabili-
ties. 
SEC. 1610. EVALUATION AND ENHANCED SECURITY OF SUP-
PLY 
CHAIN 
FOR 
PROTECTED 
SATELLITE 
COMMUNICATIONS PROGRAMS AND OVER-
HEAD PERSISTENT INFRARED SYSTEMS. 
(a) 
EVALUATIONS
OF
SUPPLY
CHAIN 
VULNERABILITIES.— 
(1) IN GENERAL.—Not later than December 31, 
2020, and in accordance with the plan under para-
graph (2)(A), the Secretary of Defense, in coordina-
tion with the Director of National Intelligence, shall 
conduct 
evaluations 
of 
the 
supply 
chain 
vulnerabilities of each covered program. 
(2) PLAN.— 
(A) DEVELOPMENT.—The Secretary shall 
develop a plan to carry out the evaluations
1122 
under paragraph (1), including with respect to 
the personnel and resources required to carry 
out such evaluations. 
(B) BRIEFING.—Not later than 180 days 
after the date of the enactment of this Act, the 
Secretary shall provide to the Committees on 
Armed Services of the House of Representatives 
and the Senate, and to any other appropriate 
congressional committee upon request, a brief-
ing on the plan under subparagraph (A). 
(3) WAIVER.—The Secretary may waive, on a 
case-by-case basis with respect to a covered pro-
gram, either the requirement to conduct an evalua-
tion under paragraph (1) or the deadline specified in 
such paragraph if the Secretary certifies to the con-
gressional defense committees before such date that 
all known supply chain vulnerabilities of such cov-
ered program have minimal consequences for the ca-
pability of such covered program to meet operational 
requirements or otherwise satisfy mission require-
ments. 
(4) RISK
MITIGATION
STRATEGIES.—In car-
rying out an evaluation under paragraph (1), the 
Secretary shall develop—
1123 
(A) strategies for mitigating the risks of 
supply chain vulnerabilities identified in the 
course of such evaluation; and 
(B) cost estimates for such strategies. 
(b) PRIORITIZATION
OF CERTAIN SUPPLY CHAIN 
RISK MANAGEMENT EFFORTS.— 
(1) INSTRUCTIONS.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall issue a Department of Defense Instruc-
tion, or update such an Instruction, establishing the 
prioritization of supply chain risk management pro-
grams, including supply chain risk management 
threat assessment reporting, to ensure that acquisi-
tion and sustainment programs relating to covered 
programs receive the highest priority of such supply 
chain risk management programs and reporting. 
(2) REQUIREMENTS.— 
(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish requirements to carry out supply 
chain risk management threat assessment col-
lections and analyses under acquisition and 
sustainment programs relating to covered pro-
grams. 
(B) BRIEFING.—Not later than 120 days 
after the date of the enactment of this Act, the
1124 
Secretary shall provide to the Committees on 
Armed Services of the House of Representatives 
and the Senate, and to any other appropriate 
congressional committee upon request, a brief-
ing on the requirements established under sub-
paragraph (A). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
(2) The term ‘‘covered programs’’ means pro-
grams of the Department of Defense relating to any 
of the following: 
(A) Protected satellite communications. 
(B) Next-generation overhead persistent 
infrared systems. 
SEC. 1611. REPORT ON PROTECTED SATELLITE COMMU-
NICATIONS. 
Not later than December 31, 2018, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report on how each of the following programs will
1125 
meet the requirements for resilience, mission assurance, 
and the nuclear command, control, and communication 
missions of the Department of Defense: 
(1) The evolved strategic satellite program. 
(2) The protected tactical service program. 
(3) The protected tactical enterprise service 
program. 
SEC. 1612. PLAN ON SPACE WARFIGHTING READINESS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall develop, and commence the implementation of, a plan 
that— 
(1) identifies joint mission-essential tasks for 
space as a warfighting domain; 
(2) identifies any additional authorities, or dele-
gated authorities, that would need to accompany the 
employment of forces to meet such mission-essential 
tasks; 
(3) meets the readiness requirements for space 
warfighting, including with respect to equipment, 
training, and personnel, to meet such mission-essen-
tial tasks; and 
(4) considers the contributions by allies and 
partners of the United States with respect to defense
1126 
space capabilities to increase burden sharing across 
space systems, as appropriate. 
(b) BRIEFING.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary shall provide 
to the Committees on Armed Services of the House of 
Representatives and the Senate, and to any other congres-
sional defense committee upon request, a briefing describ-
ing the authorities identified under subsection (a)(2) that 
the Secretary determines require legislative action. 
SEC. 1613. STUDY ON SPACE-BASED RADIO FREQUENCY 
MAPPING. 
(a) STUDY.—The Secretary of Defense and the Di-
rector of National Intelligence shall jointly conduct a 
study on the capabilities of the private sector with respect 
to space-based radio frequency mapping and associated 
operations and services for space-based electromagnetic 
collections. Such study shall address the following: 
(1) The near-term commercial market offerings 
of such operations and services in the United States 
and outside the United States. 
(2) The potential benefits to the United States 
provided by such operations and services. 
(3) The potential risks to the United States 
posed by such operations and services.
1127 
(4) The sufficiency of existing legal authorities 
available to the Secretary and the Director to ad-
dress such potential risks. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary and the Direc-
tor shall jointly submit to the congressional defense com-
mittees, the Permanent Select Committee on Intelligence 
of the House of Representatives, and the Select Committee 
on Intelligence of the Senate a report containing the study 
under subsection (a). 
SEC. 1614. PLAN TO PROVIDE PERSISTENT WEATHER IM-
AGERY FOR UNITED STATES CENTRAL COM-
MAND. 
(a) PLAN.—The Secretary of the Air Force shall de-
velop a plan to provide the United States Central Com-
mand with persistent weather imagery for the area of op-
erations of the Command beginning not later than Janu-
ary 1, 2026. 
(b) MATTERS INCLUDED.—The plan developed under 
subsection (a) shall include the following: 
(1) A long-term method for providing the 
United States Central Command with persistent 
weather imagery for the area of operations of the 
Command that—
1128 
(A) does not rely on data provided by a 
foreign government; and 
(B) does not include relocating legacy geo-
stationary operational environmental satellites. 
(2) A description of the costs required to carry 
out the plan. 
(c) SUBMISSION.—Not later than March 1, 2019, the 
Secretary shall submit to the congressional defense com-
mittees the plan developed under subsection (a). 
SEC. 1615. INDEPENDENT STUDY ON SPACE LAUNCH LOCA-
TIONS. 
(a) INDEPENDENT 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 feder-
ally funded research and development center to conduct 
a study on space launch locations, including with respect 
to the development and capacity of existing and new loca-
tions, and the vulnerabilities of the use of existing coastal 
locations and new locations. The study shall, at a min-
imum— 
(1) identify how additional locations affect the 
capability of the Department of Defense to rapidly 
reconstitute and improve resilience for defense sat-
ellite system launches;
1129 
(2) identify the capacities and vulnerabilities of 
current and new space launch locations, in light of 
the rapid increase in using commercial space services 
to support national security space missions and mili-
tary requirements; 
(3) identify partnerships within State govern-
ment-owned and -operated spaceports that should be 
developed to increase launch capacities and enhance 
the space resiliency of the United States; 
(4) provide recommendations on strategic place-
ment for future space launch sites to mitigate 
vulnerabilities presented by coastal launch sites; and 
(5) identify costs associated with additional lo-
cations and whether such costs should be borne by 
the Department of Defense, State governments, or 
private entities. 
(b) SELECTION.—The Secretary may not enter into 
the contract under subsection (a) with a federally funded 
research and development center for which the Air Force 
Space Command or the Launch Centers of the National 
Aeronautical and Space Administration is a sponsor. 
(c) SUBMISSION TO DOD.—Not later than 240 days 
after the date of the enactment of this Act, the federally 
funded research and development center shall submit to
1130 
the Secretary a report containing the study conducted 
under subsection (a). 
(d) SUBMISSION TO CONGRESS.—Not later than 270 
days after the date of the enactment of this Act, the Sec-
retary shall submit to the appropriate congressional com-
mittees the report under subsection (a), without change. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Science, Space, and 
Technology and the Committee on Transportation 
and Infrastructure of the House of Representatives. 
(3) The Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 1616. 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.
1131 
(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. 1617. BRIEFING ON COMMERCIAL SATELLITE SERV-
ICING CAPABILITIES. 
(a) BRIEFING.—Not later than one year after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Director of National Intel-
ligence, shall jointly provide the Committees on Armed 
Services of the House of Representatives and the Senate, 
and to any other appropriate congressional committee 
upon request, a briefing detailing the costs, risks, and 
operational benefits of leveraging commercial satellite 
servicing capabilities for national security satellite sys-
tems. 
(b) ELEMENTS.—The briefing under subsection (a) 
shall include the following: 
(1) A prioritized list, with rationale, of oper-
ational and planned assets of the Department of De-
1132 
fense that could be enhanced by satellite servicing 
missions. 
(2) The costs, risks, and benefits of integrating 
satellite servicing capabilities as a part of oper-
ational resilience. 
(3) Potential strategies that could allow future 
national security space systems to leverage commer-
cial in-orbit servicing capabilities where appropriate 
and feasible. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committee’’ means— 
(1) the congressional defense committees; 
(2) the Committee on Science, Space, and 
Technology and the Permanent Select Committee on 
Intelligence of the House of Representatives; and 
(3) the Committee on Commerce, Science, and 
Transportation and the Select Committee on Intel-
ligence of the Senate. 
Subtitle B—Defense Intelligence 
and Intelligence-Related Activities 
SEC. 1621. ROLE OF UNDER SECRETARY OF DEFENSE FOR 
INTELLIGENCE. 
Subsection (b) of section 137 of title 10, United 
States Code, is amended to read as follows:
1133 
‘‘(b) Subject to the authority, direction, and control 
of the Secretary of Defense, the Under Secretary of De-
fense for Intelligence shall— 
‘‘(1) have responsibility for the overall direction 
and supervision for policy, program planning and 
execution, and use of resources, for the activities of 
the Department of Defense that are part of the Mili-
tary Intelligence Program; 
‘‘(2) execute the functions for the National In-
telligence Program of the Department of Defense 
under section 105 of the National Security Act of 
1947 (50 U.S.C. 3038), as delegated by the Sec-
retary of Defense; 
‘‘(3) have responsibility for the overall direction 
and supervision for policy, program planning and 
execution, and use of resources, for the information 
security, personnel security, physical security, and 
industrial security related activities of the Depart-
ment of Defense; and 
‘‘(4) perform such duties and exercise such 
powers as the Secretary of Defense may prescribe in 
the area of intelligence.’’.
1134 
SEC. 1622. SECURITY CLEARANCE FOR DUAL NATIONALS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1564a 
the following new section: 
‘‘§ 1564b. Security clearance for dual nationals 
‘‘(a) ADDITIONAL REVIEW.—(1) In the case of an in-
dividual described in paragraph (3), the Secretary of De-
fense shall develop a process to review foreign preference 
in accordance with the adjudicative guidelines under part 
147 of title 32, Code of Federal Regulations, or such suc-
cessor regulation, before approving a security clearance for 
such individual. 
‘‘(2) The Secretary shall designate an official of the 
Department of Defense to be responsible for adjudicating 
any derogatory information of an individual described in 
paragraph (3) concerning foreign preference that is dis-
covered after the security clearance of the individual is ap-
proved. 
‘‘(3) An individual described in this paragraph is an 
individual who is— 
‘‘(A) a national of the United States (as such 
term is defined in section 101 of the Immigration 
and Nationality Act (8 U.S.C. 1101)) and also a na-
tional of a foreign state; and 
‘‘(B) either—
1135 
‘‘(i) a civilian employee or contractor who 
requires access to classified information; or 
‘‘(ii) a member of the armed forces who re-
quires access to classified information. 
‘‘(b) WAIVER.—(1) In the case of an individual who 
is a national of the United States and also a national of 
a foreign state identified under paragraph (2), the Sec-
retary may waive the requirement under subsection (a). 
‘‘(2) The Director of National Intelligence shall iden-
tify foreign states that authorize citizens or nationals of 
the United States to serve in positions of trust equivalent 
to positions in the United States Government that require 
access to classified information.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1564a the following new 
item: 
‘‘1564b. Security clearance for dual nationals.’’. 
(c) BRIEFING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall provide to the Committees on 
Armed Services of the House of Representatives and 
the Senate, and to any other appropriate congres-
sional committee upon request, a briefing on—
1136 
(A) the process developed under paragraph 
(1) of section 1564b(a) of title 10, United 
States Code, as added by subsection (a); and 
(B) the official designated under para-
graph (2) of such section 1564b(a). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means the fol-
lowing: 
(A) The Committees on Armed Services of 
the House of Representatives and the Senate. 
(B) The Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
SEC. 1623. DEPARTMENT OF DEFENSE COUNTERINTEL-
LIGENCE POLYGRAPH PROGRAM. 
(a) ADDITION OF DUAL-NATIONALS.—Subsection (b) 
of section 1564a of title 10, United States Code, is amend-
ed to read as follows: 
‘‘(b) PERSONS COVERED.—Except as provided in 
subsection (d), the following persons are subject to this 
section: 
‘‘(1) With respect to persons whose duties are 
described in subsection (c)—
1137 
‘‘(A) military and civilian personnel of the 
Department of Defense; 
‘‘(B) personnel of defense contractors; 
‘‘(C) persons assigned or detailed to the 
Department of Defense; and 
‘‘(D) applicants for a position in the De-
partment of Defense. 
‘‘(2) A person who is— 
‘‘(A) a national of the United States (as 
such term is defined in section 101 of the Im-
migration and Nationality Act (8 U.S.C. 1101)) 
and also a national of a foreign state; and 
‘‘(B) either— 
‘‘(i) a civilian employee or contractor 
who requires access to classified informa-
tion; or 
‘‘(ii) a member of the armed forces 
who requires access to classified informa-
tion.’’. 
(b) STANDARDS FOR DUAL-NATIONALS.—Subsection 
(e)(2) of such section is amended by adding at the end 
the following new subparagraph: 
‘‘(D) With respect to persons described in sub-
section (b)(2), to assist in assessing foreign pref-
erence or foreign influence risks, as described in
1138 
part 147 of title 32, Code of Federal Regulation, or 
such successor regulations.’’. 
(c) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subsection (c), by striking ‘‘in subsection 
(b)’’ and inserting ‘‘in subsection (b)(1)’’; and 
(2) in subsection (e)(2)(A), by striking ‘‘in sub-
sections (b)’’ and inserting ‘‘in subsections (b)(1)’’. 
SEC. 1624. DEFENSE INTELLIGENCE BUSINESS MANAGE-
MENT SYSTEMS. 
(a) STANDARDIZED BUSINESS PROCESS RULES.— 
(1) DEVELOPMENT.—Not later than October 1, 
2020, the Chief Management Officer of the Depart-
ment of Defense, in coordination with the Under 
Secretary of Defense (Comptroller) and the Under 
Secretary of Defense for Intelligence, shall develop 
and implement standardized business process rules 
for the planning, programming, budgeting, and exe-
cution process for the Military Intelligence Program. 
(2) TREATMENT OF DATA.—The Chief Manage-
ment Officer shall develop the standardized business 
process rules under paragraph (1) in accordance 
with section 911 of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91;
1139 
131 Stat. 1519; 10 U.S.C. 2222 note) and section 
2222(e)(6) of title 10, United States Code. 
(3) USE OF EXISTING SYSTEMS.—In developing 
the standardized business process rules under para-
graph (1), to the extent practicable, the Chief Man-
agement Officer shall use enterprise business sys-
tems of the Department of Defense in existence as 
of the date of the enactment of this Act. 
(4) REPORT.—Not later than March 1, 2019, 
the Chief Management Officer of the Department of 
Defense, the Under Secretary of Defense (Comp-
troller), and the Under Secretary of Defense for In-
telligence shall jointly submit to the appropriate con-
gressional committees a report containing a plan to 
develop the standardized business process rules 
under paragraph (1). 
(5) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means the following: 
(A) The congressional defense committees. 
(B) The Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
(b) PROGRAM ELEMENTS.—
1140 
(1) IN GENERAL.—Chapter 9 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 239b. Certain intelligence-related programs: budg-
et justification materials 
‘‘(a) PROHIBITION
ON USE
OF PROGRAM ELE-
MENTS.—In the budget justification materials submitted 
to Congress in support of the Department of Defense 
budget for fiscal year 2021 and each fiscal year thereafter 
(as submitted with the budget of the President under sec-
tion 1105(a) of title 31), the Secretary of Defense may 
not include in any single program element both funds 
made available under the Military Intelligence Program 
and funds made available outside of the Military Intel-
ligence Program. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’ has the meaning given 
that term in section 231(f) of this title. 
‘‘(2) The term ‘defense budget materials’ has 
the meaning given that term in section 231(f) of this 
title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 239a 
the following new item: 
‘‘239b. Certain intelligence-related programs: budget justification materials’’.
1141 
SEC. 1625. MODIFICATION TO ANNUAL BRIEFING ON THE 
INTELLIGENCE, SURVEILLANCE, AND RECON-
NAISSANCE REQUIREMENTS OF THE COM-
BATANT COMMANDS. 
(a) IN GENERAL.—Section 1626 of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Au-
thorization Act for Fiscal Year 2015 (Public Law 113– 
291; 128 Stat. 3635), as amended by section 1624 of the 
National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1732), is further amend-
ed— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘2020’’ and inserting ‘‘2025’’; and 
(2) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘; 
and’’ and inserting a semicolon; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(D) for the year preceding the year in which 
the briefing is provided— 
‘‘(i) the number of hours or amount of ca-
pacity of intelligence, surveillance, and recon-
naissance requested by each commander of a 
combatant command, by specific intelligence ca-
pability type;
1142 
‘‘(ii) the number of such requests identified 
under clause (i) that the Joint Chiefs of Staff 
determined to be a validated requirement, in-
cluding the number of hours or amount of ca-
pacity of such requests that were provided to 
each such commander; and 
‘‘(iii) with respect to such validated re-
quirements, the number of hours or amount of 
capacity of intelligence, surveillance, and recon-
naissance, by specific intelligence capability 
type, that the Joint Chiefs of Staff requested 
each military department to provide, and the 
number of such hours or the amount of such 
capacity so provided by each such military de-
partment; and’’. 
(b) CODIFICATION.—Such section 1626, as amended 
by subsection (a), is— 
(1) transferred to chapter 21 of title 10, United 
States Code; and 
(2) redesignated as subsection (c) of section 
426 of such title.
1143 
SEC. 1626. PROHIBITION ON THE AVAILABILITY OF FUNDS 
FOR DEPARTMENT OF DEFENSE ASSUMING 
BACKGROUND INVESTIGATION MISSION FOR 
THE FEDERAL GOVERNMENT. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2019 
for the Department of Defense may be obligated or ex-
pended during the period beginning on the date of the en-
actment of this Act and ending on December 31, 2019, 
to transfer to the Department the background investiga-
tion mission for all agencies or departments of the Federal 
Government using the National Background Investigation 
Bureau for investigative services as of April 1, 2018. 
Subtitle C—Cyberspace-Related 
Matters 
SEC. 1631. AMENDMENTS TO PILOT PROGRAM REGARDING 
CYBER VULNERABILITIES OF DEPARTMENT 
OF DEFENSE CRITICAL INFRASTRUCTURE. 
Subsection (b) of section 1650 of the National De-
fense Authorization Act for Fiscal Year 2017 (10 U.S.C. 
2224 note) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by inserting ‘‘and the Defense 
Digital Service’’ after ‘‘covered research laboratory’’;
1144 
(2) in paragraph (4), in the matter preceding 
subparagraph (A), by striking ‘‘2019’’ and inserting 
‘‘2020’’; and 
(3) in paragraph (5), by striking ‘‘2019’’ and 
inserting ‘‘2020’’. 
SEC. 1632. BUDGET DISPLAY FOR CYBER VULNERABILITY 
EVALUATIONS AND MITIGATION ACTIVITIES 
FOR MAJOR WEAPON SYSTEMS OF THE DE-
PARTMENT OF DEFENSE. 
(a) BUDGET REQUIRED.—Beginning in fiscal year 
2021 and in each fiscal year thereafter, the Secretary of 
Defense shall submit to Congress, as a part of the docu-
mentation that supports the President’s annual budget for 
the Department of Defense, a consolidated Cyber Vulner-
ability Evaluation and Mitigation budget justification dis-
play for each major weapons system of the Department 
of Defense that includes the following: 
(1) CYBER VULNERABILITY EVALUATIONS.— 
(A) STATUS.—Whether, in accordance with 
paragraph (1) of section 1647(a) of the Na-
tional Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114–92; 129 Stat. 
1118), the cyber vulnerability evaluation for 
each such major weapon system is pending, in
1145 
progress, complete, or, pursuant to paragraph 
(2) of such section, waived. 
(B) FUNDING.—The funding required for 
the fiscal year with respect to which the budget 
is submitted and for at least the four suc-
ceeding fiscal years required to complete the 
pending or in progress cyber vulnerability eval-
uation of each such major weapon system. 
(C) DESCRIPTION.—A description of the 
activities planned in the fiscal year with respect 
to which the budget is submitted and at least 
the four succeeding fiscal years to complete the 
required evaluation for each such major weapon 
system. 
(D) RISK
ANALYSIS.—A description of 
operational or security risks associated with 
cyber vulnerabilities identified as a result of 
such cyber vulnerability evaluations that require 
mitigation. 
(2) MITIGATION ACTIVITIES.— 
(A) STATUS.—Whether activities to ad-
dress identified cyber vulnerabilities of such 
major weapon systems resulting in operational 
or security risks requiring mitigation are pend-
ing, in progress, or complete.
1146 
(B) FUNDING.—The funding required for 
the fiscal year with respect to which the budget 
is submitted and for at least the four suc-
ceeding fiscal years required to complete the 
pending or in progress mitigation activities re-
ferred to in subparagraph (A) related to such 
major weapon systems. 
(C) DESCRIPTION.—A description of the 
activities planned in the fiscal year with respect 
to which the budget is submitted and at least 
the four succeeding fiscal years to complete any 
necessary mitigation. 
(b) FORM.—The display required under subsection 
(a) shall be submitted in an unclassified form, but may 
include a classified annex if necessary. 
SEC. 1633. TRANSFER OF RESPONSIBILITY FOR THE DE-
PARTMENT OF DEFENSE INFORMATION NET-
WORK TO UNITED STATES CYBER COMMAND. 
(a) IN GENERAL.—Not later than September 30, 
2019, the Secretary of Defense shall transfer all roles, 
missions, and responsibilities of the Commander, Joint 
Force Headquarters–Department of Defense Information 
Networks (JFHQ–DODIN) from the Defense Information 
Support Agency to the Commander, United States Cyber 
Command.
1147 
(b) CERTIFICATION REQUIRED.—Prior to the trans-
fer required under subsection (a), the Secretary of De-
fense shall certify in writing to the congressional defense 
committees that such transfer shall not result in mission 
degradation. 
SEC. 1634. PILOT PROGRAM AUTHORITY TO ENHANCE CY-
BERSECURITY AND RESILIENCY OF CRITICAL 
INFRASTRUCTURE. 
(a) AUTHORITY.—The Secretary of Defense, in co-
ordination with the Secretary of Homeland Security, is au-
thorized to provide, detail, or assign technical personnel 
to the Department of Homeland Security on a non-reim-
bursable basis to enhance cybersecurity cooperation, col-
laboration, and unity of Government efforts. 
(b) SCOPE OF ASSISTANCE.—The authority under 
subsection (a) shall be limited in any fiscal year to the 
provision of not more than 50 technical cybersecurity per-
sonnel from the Department of Defense to the Depart-
ment of Homeland Security, including the national cyber-
security and communications integration center (NCCIC) 
of the Department, or other locations as agreed upon by 
the Secretary of Defense and the Secretary of Homeland 
Security. 
(c) LIMITATION.—The authority under subsection (a) 
may not negatively impact the primary missions of the De-
1148 
partment of Defense or the Department of Homeland Se-
curity. 
(d) ESTABLISHMENT OF PROCEDURES.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of Homeland Security shall estab-
lish procedures to carry out subsection (a), including 
procedures relating to the protection of and safe-
guards for maintenance of information held by the 
NCCIC regarding United States persons. 
(2) LIMITATION.—Nothing in this subsection 
may be construed as providing authority to the Sec-
retary of Defense to establish procedures regarding 
the NCCIC with respect to any matter outside the 
scope of this section. 
(e) NO EFFECT ON OTHER AUTHORITY TO PROVIDE 
SUPPORT.—Nothing in this section may be construed to 
limit the authority of an Executive department, military 
department, or independent establishment to provide any 
appropriate support, including cybersecurity support, or to 
provide, detail, or assign personnel, under any other law, 
rule, or regulation. 
(f) DEFINITIONS.—In this section, each of the terms 
‘‘Executive department’’, ‘‘military department’’, and 
‘‘independent establishment’’, has the meaning given each
1149 
of such terms, respectively, in chapter 1 of title 5, United 
States Code. 
(g) TERMINATION
OF AUTHORITY.—This section 
shall terminate on September 30, 2022. 
SEC. 1635. PILOT PROGRAM ON REGIONAL CYBER SECU-
RITY TRAINING CENTER FOR THE ARMY NA-
TIONAL GUARD. 
(a) PILOT PROGRAM.—The Secretary of the Army 
may carry out a pilot program under which the Secretary 
establishes a National Guard training center to provide 
collaborative interagency education and training for mem-
bers of the Army National Guard. 
(b) DURATION.—If the Secretary carries out the pilot 
program under subsection (a), the Secretary shall carry 
out the pilot program for a 2-year period. 
(c) CENTER.— 
(1) TRAINING AND COOPERATION.—In carrying 
out the pilot program under subsection (a), the Sec-
retary shall ensure that the training center estab-
lished under such subsection— 
(A) educates and trains members of the 
Army National Guard quickly and efficiently by 
concurrently training cyber protection teams 
and cyber network defense teams on a common 
standard in order to defend—
1151 
(2) LOCATIONS.—If the Secretary carries out 
the pilot program under subsection (a), the Sec-
retary shall select one National Guard facility at 
which to carry out the pilot program. The Secretary 
shall select a facility that is located in an area that 
meets the following criteria: 
(A) The location has a need for cyber 
training, as measured by both the number of 
members of the Army National Guard that 
would apply for such training and the number 
of units of the Army National Guard that verify 
the unit would apply for such training. 
(B) The location has high capacity infor-
mation and telecommunications infrastructure, 
including high speed fiber optic networks. 
(C) The location has personnel, technology, 
laboratories, and facilities to support proposed 
activities and has the opportunity for ongoing 
training, education, and research. 
(d) ACTIVITIES.—If the Secretary carries out the 
pilot program under subsection (a), the Secretary shall en-
sure that the pilot program includes the following activi-
ties:
1152 
(1) Providing joint education and training and 
accelerating training certifications for working in a 
cyber range. 
(2) Integrating education and training between 
the National Guard, law enforcement, and emer-
gency medical and fire first responders. 
(3) Providing a program to continuously train 
the cyber network defense teams to not only defend 
the information network of the Department of De-
fense, but to also provide education and training on 
how to use defense capabilities of the team in a 
State environment. 
(4) Developing curriculum and educating the 
National Guard on the different missions carried out 
under titles 10 and 32, United States Code, in order 
to enhance interagency coordination and create a 
common operating picture. 
SEC. 1636. PROCEDURES AND REPORTING REQUIREMENT 
ON CYBERSECURITY BREACHES AND LOSS OF 
PERSONALLY IDENTIFIABLE INFORMATION. 
(a) IN GENERAL.—In the event of a significant loss 
of personally identifiable information of civilian or uni-
formed members of the Armed Forces, the Secretary of 
Defense shall promptly submit to the congressional de-
1153 
fense committees notice in writing of such loss. Such no-
tice may be submitted in classified or unclassified formats. 
(b) PROCEDURES.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall establish and submit to the congressional defense 
committees procedures for complying with the require-
ments of subsection (a). Such procedures shall be con-
sistent with the national security of the United States, the 
protection of operational integrity, and the protection of 
personally identifiable information of civilian and uni-
formed members of the Armed Forces. 
(c) SIGNIFICANT LOSS OF PERSONALLY IDENTIFI-
ABLE INFORMATION DEFINED.—In this section, the term 
‘‘significant loss of personally identifiable information’’ 
means an intentional, accidental, or otherwise known dis-
closure of information that can be used to distinguish or 
trace an individual’s identity, such as the name, Social Se-
curity number, date and place of birth, biometric records, 
home or other phone numbers, or other demographic, per-
sonnel, medical, or financial information, involving 250 or 
more civilian or uniformed members of the Armed Forces. 
SEC. 1637. CYBER INSTITUTES AT THE SENIOR MILITARY 
COLLEGES. 
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense may carry out a program to establish a cyber insti-
1154 
tute at each of the senior military colleges (referred to in 
this section as an ‘‘SMC Cyber Institute’’) for purposes 
of accelerating and focusing the development of 
foundational expertise in critical cyber operational skills 
for future military and civilian leaders of the Armed 
Forces and Department of Defense, including such leaders 
of the reserve components. 
(b) ELEMENTS.—Each SMC Cyber Institute estab-
lished under subsection (a) shall include the following: 
(1) Programs to provide future military and ci-
vilian leaders of the Armed Forces or the Depart-
ment of Defense who possess cyber operational ex-
pertise from beginning through advanced skill levels 
with instruction and practical experiences that lead 
to recognized certifications and degrees in cyber-re-
lated fields. 
(2) Programs of targeted strategic foreign lan-
guage proficiency training for such future leaders 
that— 
(A) are designed to significantly enhance 
critical cyber operational capabilities; and 
(B) are tailored to current and anticipated 
readiness requirements. 
(3) Programs related to mathematical founda-
tions of cryptography and courses in cryptographic
1155 
theory and practice designed to complement and re-
inforce cyber education along with the strategic for-
eign language programs critical to cyber operations. 
(4) Programs related to data science and 
courses in data science theory and practice designed 
to complement and reinforce cyber education along 
with the strategic foreign language programs critical 
to cyber operations. 
(5) Programs designed to develop early interest 
and cyber talent through summer programs for ele-
mentary and secondary school students and dual en-
rollment opportunities for cyber, strategic foreign 
language, data science, and cryptography related 
courses. 
(6) Training and education programs to expand 
the pool of qualified instructors necessary to support 
cyber education in regional school systems. 
(c) PARTNERSHIPS WITH DEPARTMENT
OF DE-
FENSE AND THE ARMED FORCES.—A SMC Cyber Insti-
tute established under subsection (a) may enter into a 
partnership with one or more components of the Armed 
Forces (active or reserve) or any agency of the Depart-
ment of Defense to facilitate the development of critical 
cyber skills for students who may pursue a career with 
the Department of Defense.
1156 
(d) PARTNERSHIPS
WITH
OTHER
SCHOOLS.—A 
SMC Cyber Institute established under subsection (a) may 
enter into a partnership with one or more local educational 
agencies to carry out the requirements of this section. 
(e) SENIOR MILITARY COLLEGES DEFINED.—In this 
section, the term ‘‘senior military colleges’’ means the sen-
ior military colleges described in section 2111a(f) of title 
10, United States Code. 
SEC. 1638. STUDY AND REPORT ON RESERVE COMPONENT 
CYBER CIVIL SUPPORT TEAMS. 
(a) STUDY REQUIRED.—The Secretaries concerned 
shall conduct a study on the feasibility, advisability, and 
necessity of the establishment of reserve component cyber 
civil support teams for each State. 
(b) ELEMENTS.—The study under subsection (a) 
shall include the following: 
(1) An examination of the potential ability of 
the teams referred to in such subsection to respond 
to an attack, natural disaster, or other large-scale 
incident affecting computer networks, electronics, or 
cyber capabilities. 
(2) An analysis of State and local civilian and 
private sector cyber response capabilities and serv-
ices, including an identification of any gaps in such 
capabilities and services.
1157 
(3) An identification of the potential role of 
such teams with respect to the principles and proc-
esses set forth in— 
(A) 
Presidential 
Policy 
Directive 
(United States Cyber Operations Policy); 
(B) Presidential Policy Directive 21 (Crit-
ical Infrastructure Security and Resilience); and 
(C) 
Presidential 
Policy 
Directive 
(United States Cyber Incident Coordination). 
(4) An explanation of how such teams may 
interact with other organizations and elements of the 
Federal Government that have responsibilities under 
the Presidential Policy Directives referred to in 
paragraph (3). 
(5) The amount of funding and other resources 
that may be required by the Department of Defense 
to organize, train, and equip such teams. 
(6) An explanation of how the establishment of 
such teams may affect the ability of the Department 
of Defense— 
(A) to organize, train, equip, and employ 
the Cyber Mission Force, and other organic 
cyber forces; and
1158 
(B) to perform national defense missions 
and defense support to civil authorities for 
cyber incident response. 
(7) An explanation of how the establishment of 
such teams may affect the ability of the Department 
of Homeland Security— 
(A) to organize, train, equip, and employ 
cyber incident response teams; and 
(B) to perform civilian cyber response mis-
sions. 
(8) Any effects on the privacy and civil liberties 
of United States persons that may result from the 
establishment of such teams. 
(9) Any other considerations determined to be 
relevant by the Secretaries concerned. 
(c) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretaries 
concerned shall submit to the appropriate congressional 
committees a report that includes— 
(1) the results of the study conducted under 
subsection (a), including an explanation of each ele-
ment described in subsection (b); 
(2) the final determination of the Secretaries 
with respect to the feasibility, advisability, and ne-
1159 
cessity of establishing reserve component cyber civil 
support teams for each State; and 
(3) if such final determination is in the affirma-
tive, proposed legislation for the establishment of the 
teams, which may include proposed legislation to 
amend section 12310 of title 10, United States 
Code. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Homeland Security 
of the House of Representatives; and 
(C) the Committee on Homeland Security 
and Governmental Affairs of the Senate. 
(2) The term ‘‘reserve component cyber civil 
support team’’ means a team that— 
(A) is comprised of members of the reserve 
components; 
(B) is organized, trained, equipped, and 
sustained by the Department of Defense for the 
purpose of assisting State authorities in pre-
paring for and responding to cyber incidents, 
cyber emergencies, and cyber attacks; and
1160 
(C) operates principally under the com-
mand and control of the Chief Executive of the 
State in which the team is located. 
(3) The term ‘‘Secretaries concerned’’ means 
the Secretary of Defense and the Secretary of 
Homeland Security acting jointly. 
(4) The term ‘‘State’’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, and the United States Virgin Is-
lands. 
SEC. 1639. INCLUSION OF COMPUTER PROGRAMMING AND 
CYBERSECURITY IN CURRICULUM OF JUNIOR 
RESERVE OFFICERS’ TRAINING CORPS. 
Section 2031(c) of title 10, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) subject to the authority, direction, and 
control of the Secretary of Defense, determine the 
curriculum of the program, which shall include, at
1161 
minimum, instruction in the subjects of cybersecu-
rity and computer programming.’’. 
SEC. 1640. DEPARTMENT OF DEFENSE CYBER SCHOLAR-
SHIP 
PROGRAM 
SCHOLARSHIPS 
AND 
GRANTS. 
(a) ADDITIONAL CONSIDERATIONS.—Section 2200c 
of title 10, United States Code, is amended— 
(1) by inserting before ‘‘In the selection’’ the 
following: 
‘‘(a) CENTERS
OF
ACADEMIC
EXCELLENCE
IN 
CYBER EDUCATION.—’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) CERTAIN INSTITUTIONS
OF HIGHER EDU-
CATION.—In the selection of a recipient for the award of 
a scholarship or grant under this chapter, consideration 
shall be given to whether— 
‘‘(1) in the case of a scholarship, the institution 
of higher education at which the recipient pursues a 
degree is an institution described in section 371(a) 
of the Higher Education Act of 1965 (20 U.S.C. 
1067q(a)); and 
‘‘(2) in the case of a grant, the recipient is an 
institution described in such section.’’. 
(b) CLERICAL AMENDMENTS.—
1162 
(1) SECTION HEADING.—The heading of section 
2200c of title 10, United States Code, is amended 
to read as follows: 
‘‘§ 2200c. Special considerations in awarding scholar-
ships and grants’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 112 of title 10, United 
States Code, is amended by striking the item relat-
ing to section 2200c and inserting the following new 
item: 
‘‘2200c. Special considerations in awarding scholarships and grants.’’. 
SEC. 1640A. REPORT ON TRANSITION OF SHARKSEER PRO-
GRAM. 
Not later than 90 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 as-
sesses the transition of base operations of the SharkSeer 
program to the Defense Information Systems Agency, in-
cluding with respect to staffing, acquisition, contracts, 
sensor management, and the ability to conduct cyber 
threat analyses and advanced malware. The report shall 
include a spending roadmap and areas that need increased 
funding.
1163 
SEC. 1640B. REPORT ON CYBERSECURITY APPRENTICE 
PROGRAM. 
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 on the 
feasibility of establishing a Cybersecurity Apprentice Pro-
gram to support on-the-job training for certain cybersecu-
rity positions and facilitate the acquisition of cybersecurity 
certifications. 
Subtitle D—Nuclear Forces 
SEC. 1641. UNDER SECRETARY OF DEFENSE FOR RE-
SEARCH AND ENGINEERING AND THE NU-
CLEAR WEAPONS COUNCIL. 
Section 179(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘, Technology, 
and Logistics’’ and inserting ‘‘and Sustainment’’; 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) The Under Secretary of Defense for Re-
search and Engineering.’’.
1164 
SEC. 1642. LONG-RANGE STANDOFF WEAPON REQUIRE-
MENTS. 
Subparagraphs (A) and (B) of section 217(a)(1) of 
the National Defense Authorization Act for Fiscal Year 
2014 (Public Law 113–66; 127 Stat. 706) are amended 
to read as follows: 
‘‘(A) achieves initial operating capability 
for nuclear missions prior to the retirement of 
the nuclear-armed AGM–86; 
‘‘(B) achieves initial operating capability 
for conventional missions by not later than four 
years after the date of the achievement under 
subparagraph (A); and’’. 
SEC. 1643. ACCELERATION OF GROUND-BASED STRATEGIC 
DETERRENT PROGRAM AND LONG-RANGE 
STANDOFF WEAPON PROGRAM. 
(a) PLAN FOR ACCELERATION OF PROGRAMS.—Con-
sistent with validated military requirements and in accord-
ance with applicable provisions of Federal law regarding 
acquisition, the Under Secretary of Defense for Acquisi-
tion and Sustainment, in consultation with the Secretary 
of the Air Force, shall develop and implement— 
(1) a plan to accelerate the development, pro-
curement, and fielding of the ground-based strategic 
deterrent program; and
1165 
(2) a plan to accelerate the development, pro-
curement, and fielding of the long-range standoff 
weapon. 
(b) CRITERIA.—The plans developed under sub-
section (a) shall meet the following criteria: 
(1) With respect to the plan developed under 
paragraph (1) of such subsection, the plan shall en-
sure that the ground-based strategic deterrent pro-
gram includes the recapitalization of the full inter-
continental ballistic missile weapon system for 400 
deployed missiles and associated spares and 450 
launch facilities, without phasing or splitting the 
program, including with respect to the missile flight 
system, ground-based infrastructure and equipment, 
appropriate command and control elements. 
(2) The plans shall include a comprehensive as-
sessment of the benefits, risks, feasibility, costs, and 
cost savings of various options for accelerating the 
respective program covered by the plan, including by 
considering— 
(A) accelerating— 
(i) the technology maturation and risk 
reduction phase, including through the 
identification of low and high technology
1166 
readiness 
levels, 
requirements, 
and 
timelines for maturing such technology; 
(ii) the award of an engineering and 
manufacturing development contract; and 
(iii) making the milestone B decision; 
(B) transitioning full acquisition authority, 
responsibility, and accountability of the respec-
tive program to the Secretary of the Air Force, 
including milestone decision authority; 
(C) providing a general officer-level pro-
gram executive officer a dedicated, single-pro-
gram, long-term assignment with a tailored ac-
quisition approach, program strategy, and over-
sight model for the respective program that em-
powers the general officer to accelerate the pro-
gram, make decisions, and be held accountable; 
(D) streamlining, as appropriate, test and 
evaluation activities for the respective program, 
particularly for proven technologies, while en-
suring high confidence in the final deployed sys-
tem; 
(E) leveraging agile software development 
or other innovative approaches to reduce time-
frames for software development;
1167 
(F) identifying and proposing statutory 
changes that the Under Secretary or the Sec-
retary of the Air Force determine could accel-
erate the respective program; 
(G) identifying accelerated goals for initial 
operational capability and full operational capa-
bility for the respective program; and 
(H) such other options as the Under Sec-
retary or the Secretary of the Air Force con-
sider appropriate. 
(c) SUBMISSION.—Not later than 120 days after the 
date of the enactment of this Act, the Under Secretary, 
in consultation with the Secretary of the Air Force, shall 
submit to the congressional defense committees the plans 
developed under subsection (a), including an assessment 
of the options considered and the options selected to be 
implemented under the plans. 
(d) BRIEFING.—Not later than 160 days after the 
date of the enactment of this Act, the Commander of the 
United States Strategic Command shall provide to the 
congressional defense committees a briefing on the views 
of the Commander with respect to the plans developed 
under subsection (a). 
(e) DEFINITIONS.—In this section:
1168 
(1) The term ‘‘milestone B decision’’ has the 
meaning given that term in section 2400(a) of title 
10, United States Code. 
(2) The term ‘‘milestone decision authority’’ 
has the meaning given that term in section 2366a(d) 
of title 10, United States Code. 
SEC. 
1644. 
PROCUREMENT 
AUTHORITY 
FOR 
CERTAIN 
PARTS OF INTERCONTINENTAL BALLISTIC 
MISSILE FUZES. 
(a) AVAILABILITY OF FUNDS.—Notwithstanding sec-
tion 1502(a) of title 31, United States Code, of the 
amount authorized to be appropriated for fiscal year 2019 
by section 101 and available for Missile Procurement, Air 
Force, as specified in the funding table in division G, 
$9,841,000 shall be available for the procurement of cov-
ered parts pursuant to contracts entered into under sec-
tion 1645(a) of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fiscal 
Year 2015 (Public Law 113–291; 128 Stat. 3651). 
(b) COVERED PARTS DEFINED.—In this section, the 
term ‘‘covered parts’’ means commercially available off- 
the-shelf items as defined in section 104 of title 41, United 
States Code.
1169 
SEC. 1645. PROHIBITION ON REDUCTION OF THE INTER-
CONTINENTAL BALLISTIC MISSILES OF THE 
UNITED STATES. 
(a) PROHIBITION.—Except as provided by subsection 
(b), none of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2019 
for the Department of Defense shall be obligated or ex-
pended for— 
(1) reducing, or preparing to reduce, the re-
sponsiveness or alert level of the intercontinental 
ballistic missiles of the United States; or 
(2) reducing, or preparing to reduce, the quan-
tity of deployed intercontinental ballistic missiles of 
the United States to a number less than 400. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any of the following activities: 
(1) The maintenance or sustainment of inter-
continental ballistic missiles. 
(2) Ensuring the safety, security, or reliability 
of intercontinental ballistic missiles. 
SEC. 1646. EXTENSION OF PROHIBITION ON AVAILABILITY 
OF 
FUNDS 
FOR 
MOBILE 
VARIANT 
OF 
GROUND-BASED 
STRATEGIC 
DETERRENT 
MISSILE. 
Section 1664 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat.
1170 
2615), as amended by section 1663 by the National De-
fense Authorization Act for Fiscal Year 2018 (Public Law 
115–91), is amended by striking ‘‘2019’’ and inserting 
‘‘2020’’. 
SEC. 1647. INDEPENDENT STUDY ON NUCLEAR WEAPONS 
LAUNCH-UNDER-ATTACK OPTION. 
(a) FINDINGS.—Congress finds the following: 
(1) Maintaining a safe, effective, and reliable 
nuclear arsenal and command and control system 
are high priorities for ensuring national security. 
(2) The current launch-under-attack option, 
particularly for the intercontinental ballistic missile 
forces, could require a quick decision, on the order 
of minutes, on whether to use these weapons to re-
spond to an incoming attack. 
(b) INDEPENDENT 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 feder-
ally funded research and development center to conduct 
a study on the potential benefits and risks of reducing the 
role of the launch-under-attack option with respect to 
planning by the United States relating to nuclear weap-
ons. 
(c) SELECTION.—The Secretary may not enter into 
the contract under subsection (b) with a federally funded
1171 
research and development center for which the Air Force 
is the primary sponsor. 
(d) REPORTS.— 
(1) SUBMISSION TO DOD.—Not later than 270 
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 subsection (b). Such report 
shall include the findings and recommendations of 
the center. 
(2) SUBMISSION TO CONGRESS.—Not later than 
30 days after the date on which the Secretary re-
ceives the report under paragraph (1), the Secretary 
shall submit to the congressional defense committees 
such report, without change. 
(3) FORM.—The reports under paragraphs (1) 
and (2) shall be submitted in unclassified form, but 
may include a classified annex.
1172 
SEC. 1648. EXTENSION OF 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. 
Section 1043(a)(1) of the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1576) is amended by striking ‘‘2019’’ and inserting 
‘‘2022’’. 
SEC. 1649. SENSE OF CONGRESS ON NUCLEAR POSTURE OF 
THE UNITED STATES. 
It is the sense of Congress that— 
(1) for more than 70 years, the nuclear deter-
rent of the United States has played a central role 
in the national security of the United States and 
international stability; 
(2) the nuclear forces of the United States have 
and will continue to play a fundamental role in de-
terring aggression against the interests of the 
United States and the allies of the United States in 
an increasingly dangerous world; 
(3) strong, credible, and flexible nuclear forces 
of the United States assure the allies of the United 
States that the extended deterrence guarantees of 
the United States are credible and that the resolve
1173 
of the United States remains strong even in the face 
of nuclear provocations, including nuclear coercion 
and blackmail; 
(4) the 2017 National Security Strategy and 
the 2018 National Defense Strategy correctly assess 
that, due to increased global disorder and com-
plexity, the decline of the international rules-based 
order and security environment, and the erosion of 
the competitive advantages of the United States, 
interstate strategic competition must now be the pri-
mary focus of the national security strategy of the 
United States; 
(5) the 2018 Nuclear Posture Review aligns 
with these conclusions, and recognizes that deter-
rence is dynamic, not static, and that while the nu-
clear posture and policies of the United States are 
underpinned by enduring consistency, such posture 
and policies must also undergo measured adjust-
ments to remain credible as threats evolve; 
(6) the Russian Federation has elevated the 
role of nuclear weapons in its strategies, is devel-
oping and deploying new nuclear capabilities (includ-
ing a recently announced nuclear-powered cruise 
missile and high-speed, nuclear-powered underwater 
drone), is violating many arms control agreements
1174 
(including the INF Treaty), and has made explicit 
nuclear threats against the United States and the al-
lies of the United States; 
(7) the United States remains committed to its 
full range of nuclear arms control and nonprolifera-
tion obligations and seeks continued engagement for 
prudent and verifiable agreements, however, the poli-
cies and actions of the United States must also hold 
states that violate arms control treaties accountable 
for such violations and take such violations into ac-
count when considering further arms control agree-
ments; 
(8) the North Atlantic Treaty Organization 
(NATO) plays an essential role in the national secu-
rity of the United States and NATO should continue 
to strengthen and align its nuclear and conventional 
deterrence posture, planning, and exercises to align 
with modern threats, including modernizing its dual- 
capable aircraft, command and control networks, nu-
clear-related facilities, and conventional capabilities; 
(9) to deter large-scale, catastrophic war with 
Russia, the People’s Republic of China, and other 
potential adversaries, as well as reassure allies, the 
United 
States 
requires 
reliable, 
diverse, 
and 
tailorable nuclear forces that are able to respond to
1175 
a variety of current threats while preparing for fu-
ture uncertainty; 
(10) the 2018 Nuclear Posture Review recon-
firms the value of the nuclear triad and dual-capable 
aircraft of the United States, directs the continu-
ation of the comprehensive nuclear modernization 
program initiated by the previous administration, 
and proposes two supplemental capabilities (a lower- 
yield submarine-launched ballistic missile warhead 
and a sea-launched cruise missile) that will strength-
en deterrence and assurance and reduce the chances 
that nuclear weapons are used in conflict; 
(11) three successive Secretaries of Defense 
across two administrations have stated that nuclear 
deterrence is the highest priority mission of the De-
partment of Defense; and 
(12) in light of this prioritization, the age of 
the current nuclear forces and infrastructure of the 
United States, and the small percentage of the de-
fense budget that will be expended on the recapital-
ization of the nuclear deterrent of the United States, 
the modernization of the nuclear forces, command 
and control systems, and supporting infrastructure 
of the United States is affordable and a national im-
perative.
1176 
SEC. 1650. SENSE OF CONGRESS ON EXTENDED NUCLEAR 
DETERRENCE IN THE INDO-PACIFIC REGION. 
It is the sense of Congress that— 
(1) the nuclear program of the Democratic Peo-
ple’s Republic of Korea poses a critical national se-
curity threat not only to the United States, but to 
the security and stability of the entire Indo-Pacific 
region, including South Korea, Japan, and Aus-
tralia; 
(2) the nuclear and conventional forces of the 
United States continue to play a fundamental role in 
deterring aggression against its interests and the in-
terests of its allies in the Indo-Pacific region and be-
yond; 
(3) the United States stands unwaveringly be-
hind its treaty obligations and assurances, including 
those related to defense and extended nuclear deter-
rence, to South Korea, Japan, and Australia; 
(4) the complete, verifiable, and irreversible 
denuclearization of the Democratic People’s Republic 
of Korea remains a central foreign policy objective 
of the United States; 
(5) the status of any denuclearization or end-of- 
conflict agreement with the Democratic People’s Re-
public of Korea should not supersede such treaty ob-
1177 
ligations and assurances described in paragraph (3); 
and 
(6) the presence of United States Forces on the 
Korean Peninsula should remain strong and endur-
ing. 
Subtitle E—Missile Defense 
Programs 
SEC. 1661. DEVELOPMENT OF PERSISTENT SPACE-BASED 
SENSOR ARCHITECTURE. 
(a) FINDINGS.—Congress finds the following: 
(1) Absent a missile defense review, the budget 
of the President submitted to Congress under sec-
tion 1105(a) of title 31, United States Code, for fis-
cal year 2019 did not propose funding for efforts 
within the Missile Defense Agency to further develop 
the Missile Defense Tracking System (a future space 
sensor architecture) and instead funds were provided 
to the Air Force to determine the plan of the De-
partment of Defense for future missile warning and 
tracking capabilities. 
(2) Delaying development and deployment of a 
space-based missile tracking capability further places 
the United States at a disadvantage against 
hypersonic threats.
1178 
(b) DEVELOPMENT REQUIRED.—Subsection (a) of 
section 1683 of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 131. Stat. 
1777) is amended by striking ‘‘If consistent with the direc-
tion or recommendations of the Ballistic Missile Defense 
Review that commenced in 2017, the Director of the Mis-
sile Defense Agency’’ and inserting ‘‘Beginning fiscal year 
2019, the Director of the Missile Defense Agency, in co-
ordination with the Director of National Intelligence, the 
Commander of the Air Force Space Command, and the 
Commander of the United States Strategic Command,’’. 
(c) PLAN.— 
(1) LIMITATION.—Of the funds authorized to 
be appropriated by this Act or otherwise made avail-
able for fiscal year 2019 for the Department of De-
fense for the development of the space-based sensor 
architecture under subsection (a) of section 1683 of 
the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115–91; 131 Stat. 1777), 
not more than 25 percent may be obligated or ex-
pended until the date on which the Director of the 
Missile Defense Agency submits the plan under sub-
section (e) of such section. 
(2) 
CLARIFICATION
OF
ROLES.—Section 
1683(e) of the National Defense Authorization Act
1179 
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1777) is amended by striking ‘‘the Director shall 
submit’’ and inserting ‘‘the Director of the Missile 
Defense Agency, in coordination with the Director of 
National Intelligence, the Commander of the Air 
Force Space Command, and the Commander of the 
United States Strategic Command shall submit’’. 
(d) REPORT ON USE OF OTHER AUTHORITIES.— 
Such section 1683 is further amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) REPORT ON USE OF OTHER AUTHORITIES.— 
Not later than January 31, 2019, the Director of the Mis-
sile Defense Agency shall submit to the appropriate con-
gressional committees a report on the options available to 
the Director to use other transactional authorities pursu-
ant to section 2371 of title 10, United States Code, to 
accelerate the development and deployment of the sensor 
architecture required by subsection (a).’’. 
SEC. 1662. BOOST PHASE BALLISTIC MISSILE DEFENSE. 
(a) DEVELOPMENT AND STUDY.—Section 1685 of 
the National Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91; 10 U.S.C. 2431 note) is
1180 
amended by adding at the end the following new sub-
sections: 
‘‘(d) DEVELOPMENT.— 
‘‘(1) REQUIREMENT.—Beginning fiscal year 
2019, the Director of the Missile Defense Agency 
shall carry out a program to develop boost phase 
intercept capabilities that— 
‘‘(A) are cost effective; 
‘‘(B) are air-launched, ship-based, or both; 
and 
‘‘(C) include kinetic interceptors. 
‘‘(2) PARTNERSHIPS.—In developing kinetic 
boost phase intercept capabilities under paragraph 
(1), the Director may enter into partnerships with 
the Ministry of National Defense of the Republic of 
Korea or the Ministry of Defense of Japan, or both. 
‘‘(e) INDEPENDENT STUDY.— 
‘‘(1) REQUIREMENT.—The Secretary of De-
fense shall seek to enter into an agreement with a 
federally funded research and development center to 
conduct a feasibility study on providing an initial or 
demonstrated boost phase capability using un-
manned aerial vehicles and kinetic interceptors by 
December 31, 2021. Such study shall include, at a 
minimum, a review of the study published by the
1181 
Science, Technology, and National Security Working 
Group of the Massachusetts Institute of Technology 
in 2017 titled ‘Airborne Patrol to Destroy DPRK 
ICBMs in Powered Flight’. 
‘‘(2) SUBMISSION.—Not later than July 31, 
2019, the Secretary shall submit to the congres-
sional defense committees the study conducted under 
paragraph (1).’’. 
(b) DIRECTED ENERGY DEVELOPMENT.—Subsection 
(b) of such section is amended— 
(1) by striking ‘‘The Secretary of Defense’’ and 
inserting the following: 
‘‘(1) IN GENERAL.—The Secretary of Defense’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) ROLE OF DIRECTOR.— 
‘‘(A) TRANSFER OF RESPONSIBILITY.—Be-
ginning fiscal year 2019, the Secretary shall 
transfer from the Under Secretary of Defense 
for Research and Engineering to the Director 
of the Missile Defense Agency the responsibility 
to continue developing the interim directed en-
ergy boost phase ballistic missile defense capa-
bility specified in paragraph (1).
1182 
‘‘(B) OTHER
PROGRAMS.—In continuing 
the development under subparagraph (A), the 
Director shall— 
‘‘(i) leverage the efforts of the Under 
Secretary under the high energy laser ad-
vanced development program; and 
‘‘(ii) share with the Under Secretary 
any information useful to such program. 
‘‘(C) BRIEFING.—Not later than February 
28, 2019, the Director shall provide to the 
Committees on Armed Services of the House of 
Representatives and the Senate, and to any 
other congressional defense committee upon re-
quest, a briefing on— 
‘‘(i) specific criteria that the Director 
will address in the development under sub-
paragraph (A); and 
‘‘(ii) parameters used to measure 
progress in such development.’’. 
(c) MODIFICATION TO SENSE OF CONGRESS.—Sub-
section (a) of such section is amended by striking ‘‘, if 
consistent with the direction or recommendations of the 
Ballistic Missile Defense Review that commenced in 
2017’’.
1183 
SEC. 1663. IMPROVEMENTS TO RESEARCH AND DEVELOP-
MENT AND ACQUISITION PROCESSES OF MIS-
SILE DEFENSE AGENCY. 
(a) RESEARCH AND DEVELOPMENT.— 
(1) TRANSFER.—Not later than September 30, 
2020, the Secretary of Defense shall transfer the au-
thority and the total obligational authority for each 
research and development program described in 
paragraph (2) from the Under Secretary of Defense 
for Research and Engineering to the Director of the 
Missile Defense Agency. 
(2) RESEARCH AND DEVELOPMENT PROGRAM 
DESCRIBED.—A research and development program 
described in this paragraph is a program that the 
Under Secretary identifies as meeting each of the 
following criteria: 
(A) The program consists of efforts to de-
velop prototypes or science and technology, or 
has not yet received Milestone B approval (as 
defined in section 2366 of title 10, United 
States Code). 
(B) The efforts of the program either— 
(i) are planned to be incorporated into 
ballistic missile defense systems; or 
(ii) have explicit applications for bal-
listic missile defense or hypersonic defense.
1184 
(3) REPORT.—Not later than March 31, 2019, 
the Under Secretary shall submit to the congres-
sional defense committees a report that— 
(A) lists each research and development 
program identified under paragraph (2); and 
(B) a summary of the efforts and funding 
required for such programs during the period 
covered by the future-years defense program 
under section 221 of title 10, United States 
Code, as of the date of the report. 
(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 2019 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— 
(A) the Secretary notifies the congressional 
defense committees of such proposed change; 
and 
(B) a period of 180 days has elapsed fol-
lowing the date of such notification. 
(2) NON-STANDARD
ACQUISITION
PROCESSES 
AND
RESPONSIBILITIES
DESCRIBED.—The 
non-
1185 
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) INTEGRATED MASTER TEST PLAN INFORMA-
TION.— 
(1) PUBLIC AVAILABILITY.—Together with the 
release of each integrated master test plan of the 
Missile Defense Agency, the Director of the Missile 
Defense Agency shall make publicly available a 
version of each such plan that identifies the fiscal 
year and the fiscal quarter in which events under the 
plan will occur. 
(2) SUBMISSION.—Not later than 30 days after 
the budget of the President for each of fiscal years 
2020 and 2021 is submitted to Congress under sec-
tion 1105 of title 31, United States Code, the Direc-
tor shall submit to the congressional defense com-
1186 
mittees the integrated master test plan of the Mis-
sile Defense Agency, including any classified and un-
classified versions of such plan. 
(d) MISSILE DEFENSE EXECUTIVE BOARD.—In ad-
dition to the Under Secretary of Defense for Research and 
Engineering serving as chairman of the Missile Defense 
Executive Board pursuant to section 1676(c)(3)(B) of the 
National Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91; 131 Stat. 1773), the Under Sec-
retary of Defense for Acquisition and Sustainment shall 
serve— 
(1) as a member of the Board; and 
(2) as co-chairman with respect to decisions re-
garding acquisition and the approval of acquisition 
and production milestones, including with respect to 
the use of other transaction authority contracts and 
transactions in excess of $500,000,000 (including all 
options). 
SEC. 1664. LAYERED DEFENSE OF THE UNITED STATES 
HOMELAND. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States homeland (including Ha-
waii and Alaska) is currently protected against inter-
continental ballistic missiles by the ground-based 
midcourse defense system, with 44 ground-based
1187 
interceptors located at Fort Greely, Alaska, and 
Vandenberg, California. 
(2) The Department of Defense plans to expand 
the number of ground-based interceptors to 64 inter-
ceptors by 2023 by adding Missile Field 4 at Fort 
Greely, Alaska. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should— 
(1) continue to explore and deploy capabilities 
that increase the layered defense of the United 
States homeland; 
(2) support, if determined by the Secretary of 
Defense as necessary for the national security of the 
United States, the deployment of a ground-based in-
terceptor site, or potential other ballistic missile de-
fense systems pending successful testing, on the 
East Coast of the United States that— 
(A) 
weighs 
cost 
effectiveness 
and 
prioritization of capability; and 
(B) provides for increased protection of the 
continental United States from North Korean 
and Iranian threats; 
(3) support the ability of the Army, the Navy, 
and the Missile Defense Agency to deploy fixed, 
semi-fixed, and mobile at-sea and ashore assets to
1188 
locations to increase the layered defense of all of the 
United States homeland; and 
(4) support, as appropriate, further analysis 
and testing for regional systems to be employed for 
the layered defense of the United States homeland. 
(c) CERTIFICATION.—Before the Secretary of De-
fense makes a potential determination to deploy regional 
assets to provide missile defense from longer range 
threats, the Secretary shall certify to the congressional de-
fense committees that such deployment would not unnec-
essarily undermine or pose additional risk to strategic sta-
bility. 
(d) BRIEFING.—Not later than January 31, 2019, 
the Director of the Missile Defense Agency, in coordina-
tion with the Under Secretary of Defense for Policy, the 
Commander of the United States Northern Command, 
and the Commander of the United States Pacific Com-
mand, shall provide to the Committees on Armed Services 
of the House of Representatives and the Senate, and to 
any other congressional defense committee upon request, 
a briefing that— 
(1) describes options and plans to increase or 
improve the layered protection of the United States 
homeland (including Hawaii and Alaska) from
1189 
threats posed by North Korea and threats posed by 
Iran; 
(2) addresses the capabilities and reliability of 
missile defense systems to defend against potential 
trajectories of missiles from both the North and 
South Poles; and 
(3) addresses technical capability and policy 
with respect to such options. 
SEC. 1665. TESTING OF REDESIGNED KILL VEHICLE PRIOR 
TO PRODUCTION. 
(a) SUCCESSFUL TESTING REQUIRED.—Except as 
provided by subsection (b), the Director of the Missile De-
fense Agency may not make a lot production decision for 
the redesigned kill vehicle unless the vehicle has undergone 
at least one successful flight intercept test that meets the 
following criteria: 
(1) The test sufficiently assesses the perform-
ance of the vehicle in order to inform a lot produc-
tion decision. 
(2) The results of the test demonstrate that the 
vehicle— 
(A) will work in an effective manner; and 
(B) has the ability to accomplish the in-
tended mission of the vehicle.
1190 
(b) WAIVER.—The Secretary of Defense, without del-
egation, may waive subsection (a) if— 
(1) the Secretary determines that the waiver is 
in the interest of national security; 
(2) the Secretary determines that the threat of 
missiles is advancing at a pace that requires addi-
tional capacity of the ground-based midcourse sys-
tem by 2023; 
(3) 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); 
(4) 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; 
(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
1191 
(C) the assessment of the Director of 
Operational Test and Evaluation under sub-
section (c); and 
(5) a period of 30 days elapses following the 
date on which the Secretary submits the report 
under paragraph (4). 
(c) ASSESSMENT ON RISKS.—The Director of Oper-
ational Test and Evaluation shall submit to the Secretary 
of Defense an assessment on the risks of making a lot 
production decision for the redesigned kill vehicle prior to 
the vehicle undergoing a successful flight intercept test. 
SEC. 1666. REQUIREMENTS FOR BALLISTIC MISSILE DE-
FENSE CAPABLE SHIPS. 
(a) FORCE STRUCTURE ASSESSMENT.—The Sec-
retary of the Navy, in consultation with the Director of 
the Missile Defense Agency, shall include in the first force 
structure assessment conducted following the date of the 
enactment of this Act the following: 
(1) An assessment of the requirements for bal-
listic missile defense capable ships. 
(2) The force structure requirements associated 
with advanced ballistic missile defense capabilities. 
(b) FORCE STRUCTURE ASSESSMENT DEFINED.— 
The term ‘‘force structure assessment’’ has the meaning
1239 
Code, for the fiscal year, the Secretary shall submit 
a report to the congressional defense committees 
which includes the following: 
(A) The identification of each military in-
stallation for which the Secretary intends to 
carry out a realignment or closure pursuant to 
the authority of this section during the fiscal 
year, together with the reasons the Secretary of 
Defense believes that it is in the interest of the 
United States to accept the recommendation of 
the Governor of the State involved for the re-
alignment or closure of the installation. 
(B) For each military installation identi-
fied under subparagraph (A), a master plan de-
scribing the required scope of work, cost, and 
timing for all facility actions needed to carry 
out the realignment or closure, including the 
construction of new facilities and the repair or 
renovation of existing facilities. 
(C) For each military installation identified 
under subparagraph (A), a certification that, 
not later than the end of the fifth fiscal year 
after the completion of the realignment or clo-
sure, the savings resulting from the realignment 
or closure will exceed the costs of carrying out
1247 
out under this section’’ each place it appears in 
paragraphs (1) and (2) and inserting ‘‘carried out 
under subsection (a)’’. 
(3) 
DESCRIPTION
OF
AUTHORIZED 
PROJECTS.—Section 2803(d) of such Act is amended 
by striking ‘‘provided by this section’’ and inserting 
‘‘provided by subsection (a)’’. 
(4) FUNDING LIMITATION.—Section 2803(e) of 
such Act is amended by striking ‘‘projects under this 
section’’ and inserting ‘‘projects under subsection 
(a)’’. 
(c) EXTENSION OF PERIOD OF AUTHORITY.—Section 
2803(g) of such Act, as redesignated by subsection (a)(1), 
is amended by striking ‘‘October 1, 2020’’ and inserting 
‘‘October 1, 2023’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of section 2803 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 129 
Stat. 1169; 10 U.S.C. 2358 note). 
SEC. 2805. REPEAL OF LIMITATION ON CERTAIN GUAM 
PROJECT. 
(a) REPEAL OF LIMITATION.—Section 2879 of the 
National Defense Authorization Act for Fiscal Year 2018