772 
suant to contracts entered into under section 1645(a) of the 
Carl Levin and Howard P. ‘‘Buck’’ McKeon National De-
fense Authorization Act for Fiscal Year 2015 (Public Law 
113–291; 128 Stat. 3651). 
(b) COVERED PARTS DEFINED.—In this section, the 
term ‘‘covered parts’’ means commercially available off-the- 
shelf items as defined in section 104 of title 41, United 
States Code. 
SEC. 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 expended for— 
(1) reducing, or preparing to reduce, the respon-
siveness 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. 
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(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 MIS-
SILE. 
Section 1664 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 
2615), as amended by section 1663 by the National Defense 
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, par-
ticularly for the intercontinental ballistic missile 
forces, could require a quick decision, on the order of 
minutes, on whether to use these weapons to respond 
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 federally 
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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 weapons. 
(c) SELECTION.—The Secretary may not enter into the 
contract under subsection (b) with a federally funded re-
search 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 receives 
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. 
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SEC. 1648. EXTENSION OF ANNUAL REPORT ON THE PLAN 
FOR THE NUCLEAR WEAPONS STOCKPILE, NU-
CLEAR WEAPONS COMPLEX, NUCLEAR WEAP-
ONS 
DELIVERY 
SYSTEMS, 
AND 
NUCLEAR 
WEAPONS COMMAND AND CONTROL SYSTEM. 
Section 1043(a)(1) of the National Defense Authoriza-
tion 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 deterrent 
of the United States has played a central role in the 
national security of the United States and inter-
national 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 in-
creasingly 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 of the 
United States remains strong even in the face of nu-
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clear 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 complexity, the 
decline of the international rules-based order and se-
curity environment, and the erosion of the competitive 
advantages of the United States, interstate strategic 
competition must now be the primary focus of the na-
tional security strategy of the United States; 
(5) the 2018 Nuclear Posture Review aligns with 
these conclusions, and recognizes that deterrence is 
dynamic, not static, and that while the nuclear pos-
ture and policies of the United States are under-
pinned by enduring consistency, such posture and 
policies must also undergo measured adjustments to 
remain credible as threats evolve; 
(6) the Russian Federation has elevated the role 
of nuclear weapons in its strategies, is developing and 
deploying new nuclear capabilities (including a re-
cently announced nuclear-powered cruise missile and 
high-speed, nuclear-powered underwater drone), is 
violating many arms control agreements (including 
the INF Treaty), and has made explicit nuclear 
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threats against the United States and the allies 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 po-
tential adversaries, as well as reassure allies, the 
United States requires reliable, diverse, and tailorable 
nuclear forces that are able to respond to a variety of 
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current threats while preparing for future uncer-
tainty; 
(10) the 2018 Nuclear Posture Review reconfirms 
the value of the nuclear triad and dual-capable air-
craft of the United States, directs the continuation of 
the comprehensive nuclear modernization program 
initiated by the previous administration, and pro-
poses two supplemental capabilities (a lower-yield 
submarine-launched ballistic missile warhead and a 
sea-launched cruise missile) that will strengthen de-
terrence 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 deter-
rence is the highest priority mission of the Depart-
ment 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 defense 
budget that will be expended on the recapitalization 
of the nuclear deterrent of the United States, the mod-
ernization of the nuclear forces, command and control 
systems, and supporting infrastructure of the United 
States is affordable and a national imperative. 
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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 secu-
rity threat not only to the United States, but to the 
security and stability of the entire Indo-Pacific re-
gion, including South Korea, Japan, and Australia; 
(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 obli-
gations and assurances described in paragraph (3); 
and 
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(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 section 
1105(a) of title 31, United States Code, for fiscal 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 ar-
chitecture) and instead funds were provided to the Air 
Force to determine the plan of the Department of De-
fense for future missile warning and tracking capa-
bilities. 
(2) Delaying development and deployment of a 
space-based missile tracking capability further places 
the United States at a disadvantage against 
hypersonic threats. 
(b) DEVELOPMENT REQUIRED.—Subsection (a) of sec-
tion 1683 of the National Defense Authorization Act for Fis-
cal Year 2018 (Public Law 115–91; 131. Stat. 1777) is 
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amended by striking ‘‘If consistent with the direction or rec-
ommendations of the Ballistic Missile Defense Review that 
commenced in 2017, the Director of the Missile Defense 
Agency’’ and inserting ‘‘Beginning fiscal year 2019, the Di-
rector 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,’’. 
(c) PLAN.— 
(1) LIMITATION.—Of the funds authorized to be 
appropriated by this Act or otherwise made available 
for fiscal year 2019 for the Department of Defense 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 (Pub-
lic Law 115–91; 131 Stat. 1777), not more than 25 
percent may be obligated or expended until the date 
on which the Director of the Missile Defense Agency 
submits the plan under subsection (e) of such section. 
(2) CLARIFICATION OF ROLES.—Section 1683(e) 
of the National Defense Authorization Act 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 Intel-
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ligence, the Commander of the Air Force Space Com-
mand, and the Commander of the United States Stra-
tegic Command shall submit’’. 
(d) REPORT ON USE OF OTHER AUTHORITIES.—Such 
section 1683 is further amended— 
(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) REPORT ON USE OF OTHER AUTHORITIES.—Not 
later than January 31, 2019, the Director of the Missile 
Defense Agency shall submit to the appropriate congres-
sional committees a report on the options available to the 
Director to use other transactional authorities pursuant 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 amended by 
adding at the end the following new subsections: 
‘‘(d) DEVELOPMENT.— 
‘‘(1) REQUIREMENT.—Beginning 
fiscal 
year 
2019, the Director of the Missile Defense Agency shall 
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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 Defense 
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 dem-
onstrated boost phase capability using unmanned aer-
ial vehicles and kinetic interceptors by December 31, 
2021. Such study shall include, at a minimum, a re-
view of the study published by the Science, Tech-
nology, and National Security Working Group of the 
Massachusetts Institute of Technology in 2017 titled 
‘Airborne Patrol to Destroy DPRK ICBMs in Pow-
ered Flight’. 
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‘‘(2) SUBMISSION.—Not later than July 31, 
2019, the Secretary shall submit to the congressional 
defense committees the study conducted under para-
graph (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 para-
graph: 
‘‘(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 con-
tinue developing the interim directed energy 
boost phase ballistic missile defense capability 
specified in paragraph (1). 
‘‘(B) OTHER
PROGRAMS.—In continuing 
the development under subparagraph (A), the Di-
rector shall— 
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‘‘(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 Com-
mittees on Armed Services of the House of Rep-
resentatives and the Senate, and to any other 
congressional defense committee upon request, 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 con-
sistent with the direction or recommendations of the Bal-
listic Missile Defense Review that commenced in 2017’’. 
SEC. 1663. IMPROVEMENTS TO RESEARCH AND DEVELOP-
MENT AND ACQUISITION PROCESSES OF MIS-
SILE DEFENSE AGENCY. 
(a) RESEARCH AND DEVELOPMENT.— 
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(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 para-
graph (2) from the Under Secretary of Defense for Re-
search and Engineering to the Director of the Missile 
Defense Agency. 
(2) RESEARCH AND DEVELOPMENT PROGRAM DE-
SCRIBED.—A research and development program de-
scribed in this paragraph is a program that the 
Under Secretary identifies as meeting each of the fol-
lowing criteria: 
(A) The program consists of efforts to de-
velop prototypes or science and technology, or 
has not yet received Milestone B approval (as de-
fined 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. 
(3) REPORT.—Not later than March 31, 2019, 
the Under Secretary shall submit to the congressional 
defense committees a report that— 
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(A) lists each research and development pro-
gram 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 De-
fense may be obligated or expended to change the non- 
standard acquisition processes and responsibilities de-
scribed 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-standard 
acquisition processes and responsibilities described in 
this paragraph are such processes and responsibilities 
described in— 
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(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 enactment 
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 re-
lease 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 section 
1105 of title 31, United States Code, the Director 
shall submit to the congressional defense committees 
the integrated master test plan of the Missile Defense 
Agency, including any classified and unclassified 
versions of such plan. 
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(d) MISSILE DEFENSE EXECUTIVE BOARD.—In addi-
tion to the Under Secretary of Defense for Research and 
Engineering serving as chairman of the Missile Defense Ex-
ecutive Board pursuant to section 1676(c)(3)(B) of the Na-
tional Defense Authorization Act for Fiscal Year 2018 (Pub-
lic Law 115–91; 131 Stat. 1773), the Under Secretary 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 inter-
ceptors located at Fort Greely, Alaska, and Vanden-
berg, California. 
(2) The Department of Defense plans to expand 
the number of ground-based interceptors to 64 inter-
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ceptors by 2023 by adding Missile Field 4 at Fort 
Greely, Alaska. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
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 locations 
to increase the layered defense of all of the United 
States homeland; and 
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(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 Defense 
makes a potential determination to deploy regional assets 
to provide missile defense from longer range threats, the 
Secretary shall certify to the congressional defense commit-
tees that such deployment would not unnecessarily under-
mine or pose additional risk to strategic stability. 
(d) BRIEFING.—Not later than January 31, 2019, the 
Director of the Missile Defense Agency, in coordination with 
the Under Secretary of Defense for Policy, the Commander 
of the United States Northern Command, and the Com-
mander of the United States Pacific Command, shall pro-
vide 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 that— 
(1) describes options and plans to increase or 
improve the layered protection of the United States 
homeland (including Hawaii and Alaska) from 
threats posed by North Korea and threats posed by 
Iran; 
(2) addresses the capabilities and reliability of 
missile defense systems to defend against potential 
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(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2301 of this Act 
may not exceed the total amount authorized to be appro-
priated under subsection (a), as specified in the funding 
table in section 4601. 
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN PHASED PROJECT AUTHORIZED IN 
FISCAL YEARS 2015, 2016, AND 2017. 
In the case of the authorization contained in the table 
in section 2301(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2015 (division B of Public Law 
113-291; 128 Stat. 3679) for Royal Air Force Croughton 
for JIAC Consolidation Phase 1, the authorization con-
tained in the table in section 2301(b) of the Military Con-
struction Authorization Act for Fiscal Year 2016 (division 
B of Public Law 114-92; 129 Stat. 1153) for Croughton 
Royal Air Force for JIAC Consolidation Phase 2, and the 
authorization contained in the table in section 2301(b) of 
the Military Construction Authorization Act for Fiscal Year 
2017 (division B of Public Law 114-328; 130 Stat. 2697) 
for Royal Air Force Croughton for JIAC Consolidation 
Phase 3, the location shall be United Kingdom, Unspecified. 
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‘‘(b) DURATION OF PERMIT.—A permit granted under 
this section shall be in effect for such period as the Secretary 
of the Interior may provide, except that such period may 
not exceed 30 days. 
‘‘SEC. 8. TRANSFERS OF SMALL PARCELS OF LAND BE-
TWEEN THE DEPARTMENTS OF DEFENSE AND 
INTERIOR. 
‘‘(a) TRANSFER AUTHORIZED.—Subject to any valid 
existing rights, upon mutual agreement, and without cost 
for the value of the land or any improvements thereon— 
‘‘(1) the Secretary of the Interior may transfer 
administrative jurisdiction over land that meets the 
requirements of subsection (b) to the Secretary of a 
military department; and 
‘‘(2) the Secretary of a military department may 
transfer administrative jurisdiction over land that 
meets the requirements of subsection (b) to the Sec-
retary of the Interior. 
‘‘(b) REQUIREMENTS FOR LAND ELIGIBLE FOR TRANS-
FER.—The requirements of this subsection are as follows: 
‘‘(1) CONTIGUITY.—The land is contiguous to 
land already under the administrative jurisdiction of 
the Secretary to whom such jurisdiction is trans-
ferred. 
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