686 
† HR 5515 PAP
Retirement Home may be admitted to that facility if 
the spouse— 
‘‘(A) is a covered beneficiary within the 
meaning of section 1072(5) of title 10, United 
States Code; 
‘‘(B) is not ineligible to become a resident 
as provided in subsection (b); and 
‘‘(C) submits an application for admittance 
in accordance with subsection (c). 
‘‘(2) TREATMENT AS RESIDENT.—A spouse ad-
mitted in accordance with paragraph (1) shall be a 
resident of the Retirement Home consistent with this 
Act, except as the Chief Operating Officer may other-
wise provide.’’. 
SEC. 1423. OVERSIGHT OF HEALTH CARE PROVIDED TO 
RESIDENTS OF THE ARMED FORCES RETIRE-
MENT HOME. 
Section 1513A(c) of the Armed Forces Retirement 
Home Act of 1991 (24 U.S.C. 413a(c)) is amended— 
(1) by striking paragraph (1) and inserting the 
following new paragraph (1): 
‘‘(1) Facilitate and monitor the timely avail-
ability to residents of the Retirement Home such med-
ical, mental health, and dental care services as such
687 
† HR 5515 PAP
residents may require at locations other than the Re-
tirement Home.’’; and 
(2) in paragraph (2), by striking ‘‘Ensure’’ and 
inserting ‘‘Monitor’’. 
SEC. 1424. MODIFICATION OF AUTHORITY ON ACCEPTANCE 
OF GIFTS FOR THE ARMED FORCES RETIRE-
MENT HOME. 
Paragraph (1) of section 1515(f) of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 415(f)) is amend-
ed to read as follows: 
‘‘(1) The Chief Operating Officer may accept, receive, 
solicit, hold, administer, and use any gift, devise, or bequest, 
either absolutely or in trust, of real or personal property, 
or any income therefrom or other interest therein, for the 
benefit of the Retirement Home.’’. 
SEC. 1425. RELIEF FOR RESIDENTS OF THE ARMED FORCES 
RETIREMENT HOME IMPACTED BY INCREASE 
IN FEES. 
(a) PROHIBITION ON REMOVAL FOR INABILITY TO PAY 
FEE INCREASE.—A resident of the Armed Forces Retire-
ment Home as of September 30, 2018, may not be removed 
or released from the Retirement Home after that date based 
solely upon the inability of the resident to pay the amount 
of any increase in fees applicable to residents of the Retire-
ment Home that takes effect on October 1, 2018.
688 
† HR 5515 PAP
(b) OTHER RELIEF.—The Chief Operating Officer of 
the Armed Forces Retirement Home shall take all actions 
practicable to accommodate residents of the Retirement 
Home who are impacted by the fee structure applicable to 
residents of the Retirement Home that takes effect on Octo-
ber 1, 2018, including through hardship relief, additional 
deductions from gross income, and other appropriate ac-
tions. 
SEC. 1426. LIMITATION ON APPLICABILITY OF FEE IN-
CREASE FOR RESIDENTS OF THE ARMED 
FORCES RETIREMENT HOME. 
In the case of an individual who was a resident of 
the Armed Forces Retirement Home as of April 9, 2018, 
the increase in fees pursuant to the increase in fees for resi-
dents of the Home scheduled to take effect on October 1, 
2018, may not exceed an amount equal to 50 percent of 
the fees payable by such individual as such a resident as 
of April 9, 2018.
689 
† HR 5515 PAP
Subtitle D—Other Matters 
SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT 
DEPARTMENT OF DEFENSE-DEPARTMENT OF 
VETERANS AFFAIRS MEDICAL FACILITY DEM-
ONSTRATION FUND FOR CAPTAIN JAMES A. 
LOVELL HEALTH CARE CENTER, ILLINOIS. 
(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the 
funds authorized to be appropriated by section 1405 and 
available for the Defense Health Program for operation and 
maintenance, $113,000,000 may be transferred by the Sec-
retary of Defense to the Joint Department of Defense-De-
partment of Veterans Affairs Medical Facility Demonstra-
tion Fund established by subsection (a)(1) of section 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 authorized and ap-
propriated specifically for the purpose of such a transfer. 
(b) USE OF TRANSFERRED FUNDS.—For the purposes 
of subsection (b) of such section 1704, facility operations 
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 Vet-
erans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined
690 
† HR 5515 PAP
Federal medical facility under an operational agreement 
covered by section 706 of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4500). 
SEC. 1432. ECONOMICAL AND EFFICIENT OPERATION OF 
WORKING CAPITAL FUND ACTIVITIES. 
Section 2208(e) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) The accomplishment of the most economical and 
efficient organization and operation of working capital 
fund activities for the purposes of paragraph (1) shall in-
clude actions toward the following: 
‘‘(A) The implementation of a workload plan 
that optimizes the efficiency of the workforce oper-
ating within a working capital fund activity and re-
duces the rate structure. 
‘‘(B) Encouraging a working capital fund activ-
ity to perform reimbursable work for other entities to 
sustain the efficient use of the workforce. 
‘‘(C) Determining the appropriate leadership 
level for approving work from outside entities to 
maximize efficiency.’’.
691 
† HR 5515 PAP
TITLE XV—AUTHORIZATION OF 
ADDITIONAL 
APPROPRIA-
TIONS FOR OVERSEAS CON-
TINGENCY OPERATIONS 
Subtitle A—Authorizations of 
Appropriations 
SEC. 1501. PURPOSE. 
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. OVERSEAS CONTINGENCY OPERATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2019 for the Department of Defense for overseas 
contingency operations in such amounts as may be des-
ignated as provided in section 251(b)(2)(A)(ii) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
(2 U.S.C. 901(b)(2)(A)(ii)). 
SEC. 1503. PROCUREMENT. 
Funds are hereby authorized to be appropriated for fis-
cal year 2019 for procurement accounts for the Army, the 
Navy and the Marine Corps, the Air Force, and Defense- 
wide activities, as specified in the funding table in section 
4102.
692 
† HR 5515 PAP
SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION. 
Funds are hereby authorized to be appropriated for fis-
cal year 2019 for the use of the Department of Defense for 
research, development, test, and evaluation, as specified in 
the funding table in section 4202. 
SEC. 1505. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for fis-
cal year 2019 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, as specified in the funding table in section 4302. 
SEC. 1506. MILITARY PERSONNEL. 
Funds are hereby authorized to be appropriated for fis-
cal year 2019 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for military personnel, 
as specified in the funding table in section 4402. 
SEC. 1507. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fis-
cal 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 4502.
693 
† HR 5515 PAP
SEC. 1508. 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 expenses, not 
otherwise provided for, for Drug Interdiction and Counter- 
Drug Activities, Defense-wide, as specified in the funding 
table in section 4502. 
SEC. 1509. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2019 for expenses, not 
otherwise provided for, for the Office of the Inspector Gen-
eral of the Department of Defense, as specified in the fund-
ing table in section 4502. 
SEC. 1510. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the 
Department of Defense for fiscal year 2019 for expenses, not 
otherwise provided for, for the Defense Health Program, as 
specified in the funding table in section 4502. 
Subtitle B—Financial Matters 
SEC. 1521. 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. 1522. SPECIAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
694 
† HR 5515 PAP
(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 
$3,500,000,000. 
(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 authority 
provided by this section is in addition to the transfer au-
thority provided under section 1001. 
Subtitle C—Other Matters 
SEC. 1531. JOINT IMPROVISED-THREAT DEFEAT ORGANIZA-
TION. 
(a) USE AND TRANSFER OF FUNDS.—
695 
† HR 5515 PAP
(1) IN GENERAL.—Subsections (b) and (c) of sec-
tion 1514 of the John Warner National Defense Au-
thorization 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 amounts made available for fiscal year 
2019 for the Department of Defense for the Joint Im-
provised-Threat Defeat Organization. 
(2) REFERENCES TO JOINT IMPROVISED EXPLO-
SIVE DEVICE DEFEAT FUND.—In the application of 
paragraph (1) to the use of funds described in that 
paragraph in fiscal year 2019, any reference in the 
subsections referred to in that paragraph to the Joint 
Improvised Explosive Device Defeat Fund shall be 
deemed to be a reference to the Joint Improvised- 
Threat Defeat Organization. 
(b) INTERDICTION OF IMPROVISED EXPLOSIVE DEVICE 
PRECURSOR CHEMICALS.— 
(1) AVAILABILITY OF FUNDS.—Of the amounts 
authorized to be appropriated for fiscal year 2019 for 
the Department of Defense by this Act for the Joint 
Improvised-Threat Defeat Organization, $15,000,000 
may be made available to the Secretary of Defense,
696 
† HR 5515 PAP
with the concurrence of the Secretary of State, to pro-
vide training, equipment, supplies, and services to 
ministries and other entities of foreign governments 
that the Secretary of Defense has identified as critical 
for countering the flow of improvised explosive device 
precursor chemicals. 
(2) PROVISION THROUGH OTHER UNITED STATES 
AGENCIES.—If jointly agreed upon by the Secretary of 
Defense and the head of another department or agency 
of the United States Government, the Secretary of De-
fense may transfer amounts made available under 
paragraph (1) to such department or agency for the 
provision by such department or agency of training, 
equipment, supplies, and services to ministries and 
other entities of foreign governments as described in 
that paragraph. 
(3) NOTICE TO CONGRESS.—None of the funds 
made available under 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 Secretary of 
Defense, in coordination with the Secretary of State, 
has submitted to the congressional defense committees, 
the Committee on Foreign Relations of the Senate, 
and the Committee on Foreign Affairs of the House
697 
† HR 5515 PAP
of Representatives a notice that includes each of the 
following: 
(A) The name of 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 to 
such foreign country using such funds. 
(C) A detailed description of the amounts 
proposed to be obligated or expended to supply 
such training, equipment, supplies, or services, 
including— 
(i) any amounts proposed to be obli-
gated or expended to support the participa-
tion of a department or agency of the 
United States Government other than the 
Department of Defense; and 
(ii) a description of the training, 
equipment, supplies, or services proposed to 
be supplied. 
(D) An evaluation of the effectiveness of the 
efforts of such foreign country to counter the flow 
of improvised explosive device precursor chemi-
cals.
698 
† HR 5515 PAP
(E) An overall plan for countering the flow 
of precursor chemicals in such foreign country. 
(4) EXPIRATION.—The authority provided by 
this subsection expires on December 31, 2019. 
TITLE 
XVI—STRATEGIC 
PRO-
GRAMS, CYBER, AND INTEL-
LIGENCE MATTERS 
Subtitle A—Space Activities 
SEC. 1601. MODIFICATIONS TO SPACE RAPID CAPABILITIES 
OFFICE. 
Section 2273a of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘joint’’; 
(2) in subsection (b), in the first sentence, by 
striking ‘‘Department of Defense Executive Agent for 
Space’’ and inserting ‘‘Secretary of the Air Force’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (2), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) to rapidly develop and field new classified 
space capabilities.’’; and
699 
† HR 5515 PAP
(4) by striking subsections (d) through (g) and 
inserting the following new subsections (d) through 
(f): 
‘‘(d) ACQUISITION AUTHORITY.—The acquisition ac-
tivities of the Office shall be subject to the following: 
‘‘(1) The Secretary of the Air Force shall des-
ignate the acquisition executive of the Office, who 
shall provide streamlined acquisition authority for 
any project of the Office. 
‘‘(2) The Joint Capabilities Integration and De-
velopment System process shall not apply to any ac-
quisition by the Office. 
‘‘(3) The Joint Force Space Component of the 
United States Strategic Command shall establish, 
validate, and prioritize program requirements. 
‘‘(e) REQUIRED PROGRAM ELEMENT.— 
‘‘(1) The Secretary of the Air Force shall ensure, 
within budget program elements for space programs, 
that— 
‘‘(A) there are separate, dedicated program 
elements for unclassified and classified activities 
relating to space rapid capabilities; and 
‘‘(B) the Office executes the responsibilities 
of the Office through those program elements.
700 
† HR 5515 PAP
‘‘(2) The Office shall manage the program ele-
ments required by paragraph (1). 
‘‘(f) BOARD OF DIRECTORS.—The Secretary of the Air 
Force shall establish for the Office a Board of Directors (to 
be known as the ‘Space Rapid Capabilities Board of Direc-
tors’) to provide coordination, oversight, and approval of 
projects for the Office.’’. 
SEC. 1602. SPACE WARFIGHTING POLICY AND REVIEW OF 
SPACE CAPABILITIES. 
(a) SPACE WARFIGHTING POLICY.—Not later than 
March 29, 2019, the Secretary of Defense shall develop a 
space warfighting policy. 
(b) REVIEW OF SPACE CAPABILITIES.— 
(1) IN GENERAL.—The Secretary shall conduct a 
review relating to the national security space enter-
prise that evaluates the following: 
(A) The resiliency of the national security 
space enterprise with respect to a conflict. 
(B) The ability of the national security 
space enterprise to attribute an attack on a 
space system in a timely manner. 
(C) The ability of the United States— 
(i) to resolve a conflict in space; and 
(ii) to determine the material means 
by which such conflict may be resolved.
701 
† HR 5515 PAP
(D) The ability of the national security 
space enterprise— 
(i) to defend against aggressive behav-
ior in space at all levels of conflict; 
(ii) to defeat any adversary that dem-
onstrates aggressive behavior in space at all 
levels of conflict; 
(iii) to deter aggressive behavior in 
space at all levels of conflict; and 
(iv) to develop a declassification strat-
egy, if required to demonstrate deterrence. 
(E) The effectiveness and efficiency of the 
national security space enterprise to rapidly re-
search, develop, acquire, and deploy space capa-
bilities and capacities— 
(i) to deter and defend United States 
national security space assets; and 
(ii) to respond to any new threat to 
such space assets. 
(F) The current organizational structure of 
the national security space enterprise with re-
spect to roles, responsibilities, and authorities. 
(G) Any emerging space threat the Sec-
retary expects the United States to confront dur-
702 
† HR 5515 PAP
ing the 10-year period beginning on the date of 
the enactment of this Act. 
(H) Such other matters as the Secretary 
considers appropriate. 
(2) REPORT.— 
(A) IN
GENERAL.—Not later than March 
29, 2019, the Secretary shall submit to the con-
gressional defense committees a report on the 
findings of the review under paragraph (1). 
(B) FORM.—The report under subpara-
graph (A) shall be submitted in unclassified 
form, but may include a classified annex. 
SEC. 1603. REPORT ON ENHANCEMENTS TO THE GLOBAL 
POSITIONING SYSTEM OPERATIONAL CON-
TROL SEGMENT. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port that identifies whether the current Global Positioning 
System Operational Control Segment (OCS) can be incre-
mentally improved to achieve capabilities similar to the 
Next Generation Operational Control Segment (OCX) used 
to operate the Global Positioning System III. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following elements:
703 
† HR 5515 PAP
(1) A cybersecurity review of both OCS and OCX 
to determine the specific cybersecurity improvements 
needed to operate the system through 2030, includ-
ing— 
(A) the cybersecurity improvements to OCS 
needed to match the cybersecurity capabilities 
that OCX is intended to provide; 
(B) any additional OCS cybersecurity pro-
tections needed beyond those OCX is intended to 
provide; and 
(C) any additional OCX cybersecurity pro-
tections needed beyond those for which OCX is 
currently contracted. 
(2) An incremental development plan for OCS, 
including— 
(A) the number of additional incremental 
upgrades needed to achieve capabilities similar 
to OCX, including a discussion of— 
(i) any additional capabilities needed; 
(ii) the specific capabilities in each up-
grade; 
(iii) the duration of each upgrade; and 
(iv) a full schedule to complete all up-
grades;
704 
† HR 5515 PAP
(B) the estimated cost for each incremental 
OCS upgrade; and 
(C) the total estimated cost across fiscal 
years for all OCS upgrades to achieve capabili-
ties similar to OCX and any additional capa-
bilities. 
(3) The date by which the Department of Defense 
would have to begin contracting for each incremental 
OCS upgrade to ensure availability of OCS for the 
Global Positioning System III. 
(4) A comparison of current improvements to 
OCS that are underway, and additional OCS incre-
mental improvements described under paragraph 2, to 
the program of record OCX capabilities, including— 
(A) the acquisition and sustainment cost by 
fiscal year through fiscal year 2030 for OCS and 
OCX; 
(B) a comparison schedule between OCS 
(including incremental improvements described 
under paragraph 2) and OCX that identifies the 
delivery dates and capability delivered; and 
(C) the cost and schedule required to pro-
vide OCX with any additional needed capabili-
ties that are now required and not currently in 
the program of record.
705 
† HR 5515 PAP
SEC. 1604. STREAMLINE OF COMMERCIAL SPACE LAUNCH 
OPERATIONS. 
Section 1617 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–92; 129 Stat. 
1106; 51 U.S.C. 50918 note) is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) STREAMLINING.— 
‘‘(A) IN GENERAL.—With respect to any li-
censed activity under chapter 509 of title 51, 
United States Code, the Secretary of Defense 
may not impose any requirement on a licensee 
or transferee that is duplicative of, or overlaps in 
intent with, any requirement imposed by the 
Secretary of Transportation under that chapter. 
‘‘(B) WAIVER.—The Secretary of Defense 
may waive the limitation under subparagraph 
(A) if the Secretary determines that imposing a 
requirement described in that subparagraph is 
necessary to avoid negative consequences for the 
national security space program.’’; and 
(2) by adding at the end the following new sub-
section:
706 
† HR 5515 PAP
‘‘(d) EFFECT OF LAW.—Nothing in this section limits 
the ability of the Secretary of Defense to consult with the 
Secretary of Transportation with respect to requirements 
and approvals under chapter 509 of title 51, United States 
Code.’’. 
SEC. 1605. REUSABLE LAUNCH VEHICLES. 
(a) REUSABILITY.—The Evolved Expendable Launch 
Vehicle Program shall be designated as the ‘‘National Secu-
rity Space Launch Program’’. 
(b) REFERENCE TO EVOLVED EXPENDABLE LAUNCH 
VEHICLE PROGRAM.—Any reference in any law, regulation, 
guidance, instruction, map, document, record, or other 
paper of the United States to the Evolved Expendable 
Launch Vehicle Program shall be deemed to be a reference 
to the National Security Space Launch Program. 
(c) POLICY.—In carrying out the policy set forth in 
section 2273 of title 10, United States Code, the Secretary 
of Defense shall pursue a strategy that includes fully or par-
tially reusable launch systems. 
(d) CERTIFICATION STRATEGY.—The Secretary shall 
continue to develop a process to evaluate and certify launch 
vehicles using previously flown components or systems for 
national security space launch. 
(e) REPORTING REQUIREMENT.—Not less than 60 days 
before the date on which a solicitation for procurement of
707 
† HR 5515 PAP
space launch services is issued, the Secretary shall submit 
to the congressional defense committees a report that sets 
forth— 
(1) a determination with respect to whether 
launch vehicles using previously flown components, or 
systems or with components or systems that are in-
tended to be reused, that could otherwise meet mission 
requirements are eligible for award; and 
(2) in the case of a determination that such 
launch vehicles shall not be eligible for award, a jus-
tification with respect to the reason for ineligibility. 
SEC. 1606. REVIEW OF AND REPORT ON ACTIVITIES OF 
INTERNATIONAL SPACE STATION. 
(a) IN GENERAL.—Not later than March 1, 2019, the 
Secretary of Defense shall— 
(1) in coordination with the Administrator of 
the National Aeronautics and Space Administration, 
complete a review of each program, activity, and fu-
ture technology research project of the Department of 
Defense being carried out on the International Space 
Station as of that date; and 
(2) submit to the appropriate committees of Con-
gress a report that describes the results of the review 
under paragraph (1).
708 
† HR 5515 PAP
(b) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Armed Services and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate; and 
(2) the Committee on Armed Services, the Com-
mittee on Energy and Commerce, and the Committee 
on Science, Space, and Technology of the House of 
Representatives. 
Subtitle B—Defense Intelligence 
and Intelligence-related Activities 
SEC. 1611. FRAMEWORK ON GOVERNANCE, MISSION MAN-
AGEMENT, 
RESOURCING, 
AND 
EFFECTIVE 
OVERSIGHT OF DEPARTMENT OF DEFENSE 
COMBAT SUPPORT AGENCIES THAT ARE ALSO 
ELEMENTS OF THE INTELLIGENCE COMMU-
NITY. 
(a) FRAMEWORK REQUIRED.— 
(1) IN
GENERAL.—In accordance with section 
105 of the National Security Act of 1947 (50 U.S.C. 
3038), section 193 of title 10, United States Code, and 
section 1018 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108–458; 50 
U.S.C. 3023 note), the Secretary of Defense shall de-
709 
† HR 5515 PAP
velop and codify in policy a framework and sup-
porting processes within the Department of Defense to 
help ensure that the missions, roles, and functions of 
the Combat Support Agencies (CSA) of the Depart-
ment of Defense that are also elements of the intel-
ligence community (IC), and other intelligence com-
ponents of the Department, are appropriately bal-
anced and resourced. 
(2) SCOPE.—The framework shall include a con-
sistent, repeatable process for regular reevaluation of 
the responsibilities and resource profiles of the ele-
ments described in paragraph (1) for purposes of pre-
venting imbalances in priorities, insufficient or mis-
aligned resources, and mission creep. 
(b) ELEMENTS.—The framework required by sub-
section (a) shall include the following: 
(1) A lexicon of relevant terms used by the De-
partment of Defense to ensure consistent definitions 
are used in determinations about the balance de-
scribed in subsection (a)(1), which lexicon shall rec-
oncile and codify jointly-used definitions. 
(2) A reevaluation of the intelligence components 
of the Department, including the Joint Intelligence 
Centers and Joint Intelligence Operations Centers 
within the combatant commands, in order to deter-
710 
† HR 5515 PAP
mine which components should be formally designated 
as part of the intelligence community and any com-
ponents not so designated conform to relevant 
tradecraft standards. 
(3) A repeatable Department process for evalu-
ating the addition, transfer, or elimination of defense 
intelligence missions, roles, and functions, currently 
or to be performed by elements described in subsection 
(a)(1), which process shall include the following: 
(A) A justification for any proposed addi-
tion, transfer, or elimination of a mission, role, 
or function. 
(B) The identification of the elements in the 
Federal Government, if any, that currently per-
form the mission, role, or function concerned. 
(C) For any proposed addition of a mis-
sion, role, or function, an assessment of the most 
appropriate element of the Department to as-
sume it, taking into account current resource 
profiles, scope of existing responsibilities, pri-
mary customers, and infrastructure necessary to 
support the addition. 
(D) For any proposed addition of transfer 
of a mission, role, or function—
711 
† HR 5515 PAP
(i) a determination of the appropriate 
resource profile for such mission, role, or 
function; and 
(ii) the identification, in writing, for 
the Department elements concerned of the 
resources anticipated to be needed and 
source of such resources within the future- 
years defense program in effect at the time 
of the proposed addition or transfer. 
(c) BRIEFING.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall provide to 
the appropriate committees of Congress a briefing on the 
framework required by subsection (a). 
(d) POLICY.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the appropriate committees of Congress a report setting 
forth the policy that codifies the framework required by sub-
section (a). 
(e) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means— 
(1) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Select Committee 
on Intelligence of the Senate; and
712 
† HR 5515 PAP
(2) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Permanent Select 
Committee on Intelligence of the House of Representa-
tives. 
Subtitle C—Cyberspace-related 
Matters 
PART I—CYBERSPACE GENERALLY 
SEC. 1621. POLICY OF THE UNITED STATES ON CYBER-
SPACE, CYBERSECURITY, CYBER WARFARE, 
AND CYBER DETERRENCE. 
(a) IN GENERAL.—It shall be the policy of the United 
States, with respect to matters pertaining to cyberspace, cy-
bersecurity, and cyber warfare, that the United States 
should employ all instruments of national power, including 
the use of offensive cyber capabilities, to deter if possible, 
and respond when necessary, to any and all cyber attacks 
or other malicious cyber activities that target United States 
interests with the intent to— 
(1) cause casualties among United States persons 
or persons of our allies; 
(2) significantly disrupt the normal functioning 
of United States democratic society or government 
(including attacks against critical infrastructure that 
could damage systems used to provide key services to 
the public or government);
713 
† HR 5515 PAP
(3) threaten the command and control of the 
United States Armed Forces, the freedom of maneuver 
of the United States Armed Forces, or the industrial 
base or other infrastructure on which the United 
States Armed Forces rely to defend United States in-
terests and commitments; or 
(4) achieve an effect, whether individually or in 
aggregate, comparable to an armed attack or imperil 
a vital interest of the United States. 
(b) RESPONSE OPTIONS.—In carrying out the policy 
set forth in subsection (a), the United States shall plan, de-
velop, and demonstrate response options to address the full 
range of potential cyber attacks on United States interests 
that could be conducted by potential adversaries of the 
United States. 
(c) DENIAL OPTIONS.—In carrying out the policy set 
forth in subsection (a) through response options developed 
pursuant to subsection (b), the United States shall, to the 
greatest extent practicable, prioritize the defensibility and 
resiliency against cyber attacks and malicious cyber activi-
ties described in subsection (a) of infrastructure critical to 
the political integrity, economic security, and national se-
curity of the United States. 
(d) COST-IMPOSITION OPTIONS.—In carrying out the 
policy set forth in subsection (a) through response options
714 
† HR 5515 PAP
developed pursuant to subsection (b), the United States shall 
develop and demonstrate, or otherwise make known to ad-
versaries of the existence of, cyber capabilities to impose 
costs on any foreign power targeting the United States or 
United States persons with a cyber attack or malicious 
cyber activity described in subsection (a). 
(e) MULTI-PRONG RESPONSE.—In carrying out the 
policy set forth in subsection (a) through response options 
developed pursuant to subsection (b), the United States 
shall— 
(1) devote immediate and sustained attention to 
boosting the cyber resilience of critical United States 
strike systems (including cyber, nuclear, and non-nu-
clear systems) in order to ensure the United States 
can credibly threaten to impose unacceptable costs in 
response to even the most sophisticated large-scale 
cyber attack; 
(2) develop offensive cyber capabilities and spe-
cific plans and strategies to put at risk targets most 
valued by adversaries of the United States and their 
key decision makers; 
(3) enhance attribution capabilities to reduce the 
time required to positively attribute an attack with 
high confidence; and
715 
† HR 5515 PAP
(4) develop intelligence and offensive cyber capa-
bilities to detect, disrupt, and potentially expose mali-
cious cyber activities. 
(f) POLICIES RELATING TO OFFENSIVE CYBER CAPA-
BILITIES AND SOVEREIGNTY.—It is the policy of the United 
States that, when a cyber attack or malicious cyber activity 
transits or otherwise relies upon the networks or infrastruc-
ture of a third country— 
(1) the United States shall, to the greatest extent 
practicable, notify and encourage the government of 
that country to take action to eliminate the threat; 
and 
(2) if the government is unable or unwilling to 
take action, the United States reserves the right to act 
unilaterally (with the consent of that government if 
possible, but without such consent if necessary). 
(g) AUTHORITY OF SECRETARY OF DEFENSE.— 
(1) IN GENERAL.—The Secretary of Defense has 
the authority to develop, prepare, coordinate, and, 
when appropriately authorized to do so, conduct mili-
tary cyber operations in response to cyber attacks and 
malicious cyber activities described in subsection (a) 
that are carried out against the United States or 
United States persons by a foreign power.
716 
† HR 5515 PAP
(2) DELEGATION
OF
ADDITIONAL
AUTHORI-
TIES.—The Secretary may delegate to the Commander 
of the United States Cyber Command such authorities 
of the Secretaries of the military departments, includ-
ing authorities relating to manning, training, and 
equipping, that the Secretary considers appropriate. 
(3) USE OF DELEGATED AUTHORITIES.—The use 
by the Commander of the United States Cyber Com-
mand of any authority delegated to the Commander 
pursuant to this subsection shall be subject to the au-
thority, direction, and control of the Secretary. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to limit the authority of 
the President or Congress to authorize the use of mili-
tary force. 
(h) FOREIGN POWER DEFINED.—In this section, the 
term ‘‘foreign power’’ has the meaning given that term in 
section 101 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801). 
SEC. 1622. AFFIRMING THE AUTHORITY OF THE SECRETARY 
OF DEFENSE TO CONDUCT MILITARY ACTIVI-
TIES AND OPERATIONS IN CYBERSPACE. 
Section 130g of title 10, United States Code, is amend-
ed—
717 
† HR 5515 PAP
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—The Secretary’’; 
(2) by adding at the end the following new sub-
sections: 
‘‘(b) AFFIRMATION OF AUTHORITY.—(1) Congress af-
firms that the Secretary of Defense may conduct military 
activities or operations in cyberspace, including clandestine 
military activities or operations in cyberspace, to defend 
the United States and allies and interests of the United 
States, including in response to malicious cyber activity 
carried out against the United States or a United States 
person by a foreign power. 
‘‘(2) Congress affirms that the authority referred to in 
paragraph (1) includes the conduct of military activities 
or operations in cyberspace short of war and in areas out-
side of named areas of conflict for the purpose of prepara-
tion of the environment, influence, force protection, and de-
terrence of hostilities, or counterterrorism operations in-
volving the armed forces of the United States. 
‘‘(c) CLANDESTINE ACTIVITIES OR OPERATIONS.—A 
clandestine military activity or operation in cyberspace 
shall be considered a traditional military activity for the 
purposes of section 503(e)(2) of the National Security Act 
of 1947 (50 U.S.C. 3093(e)(2)).
718 
† HR 5515 PAP
‘‘(d) CONGRESSIONAL
OVERSIGHT.—The Secretary 
shall brief the congressional defense committees about any 
military activities or operations in cyberspace, including 
clandestine military activities or operations in cyberspace, 
occurring during the previous quarter during the quarterly 
briefing required by section 484 of this title. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Sec-
retary to conduct military activities or operations in cyber-
space, including clandestine activities or operations in 
cyberspace, or to alter or otherwise affect the War Powers 
Resolution (50 U.S.C. 1541–1548), the Authorization for 
Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 
note), or reporting of sensitive military cyber activities or 
operations required by section 130j of this title. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘clandestine military activity or 
operation in cyberspace’ means a military activity or 
operation carried out in cyberspace, or associated pre-
paratory actions, authorized by the President or the 
Secretary that— 
‘‘(A) is marked by, held in, or conducted 
with secrecy, where the intent is that the activity 
or operation will not be apparent or acknowl-
edged publicly; and
719 
† HR 5515 PAP
‘‘(B) is to be carried out— 
‘‘(i) as part of a military operation 
plan approved by the President or the Sec-
retary in anticipation of hostilities or as di-
rected by the President or the Secretary 
against— 
‘‘(I) adversaries (as defined by the 
National Security Strategy); or 
‘‘(II) other emergent national se-
curity threats; 
‘‘(ii) to deter, safeguard, or defend 
against attacks or malicious cyber activities 
against the United States or Department of 
Defense information, networks, systems, in-
stallations, facilities, or other assets; or 
‘‘(iii) in support of other information 
related capabilities such as military decep-
tion and psychological operations. 
‘‘(2) The term ‘foreign power’ has the meaning 
given such term in section 101 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801). 
‘‘(3) The term ‘United States person’ has the 
meaning given such term in such section.’’; and
720 
† HR 5515 PAP
(3) in subsection (a), as designated by para-
graph (1), by striking ‘‘(as’’ and all that follows 
through ‘‘))’’. 
SEC. 1623. ACTIVE DEFENSE AND SURVEILLANCE AGAINST 
RUSSIAN FEDERATION ATTACKS IN CYBER-
SPACE. 
(a) AUTHORITY TO DISRUPT, DEFEAT, AND DETER 
CYBER ATTACKS.— 
(1) IN GENERAL.—In the event that the National 
Command Authority determines that the Russian 
Federation is conducting an active, systematic, and 
ongoing campaign of attacks against the government 
or people of the United States in cyberspace, the Na-
tional Command Authority may authorize the Com-
mander of the United States Cyber Command, acting 
through the Cyber Mission Forces assigned to the 
United States Cyber Command, to take appropriate 
and proportional action in cyberspace to disrupt, de-
feat, and deter such attacks under the authority and 
policy of the Secretary of Defense to conduct cyber op-
erations and information operations as traditional 
military activities. 
(2) NOTIFICATION AND REPORTING.— 
(A) NOTIFICATION OF OPERATIONS.—IN ex-
ercising the authority provided in paragraph
721 
† HR 5515 PAP
(1), the Secretary shall provide notices to the 
congressional defense committees in accordance 
with section 130(f) of title 10, United States 
Code. 
(B) QUARTERLY REPORTS BY COMMANDER 
OF THE UNITED STATES CYBER COMMAND.— 
(i) IN GENERAL.—In any fiscal year 
in which the Commander of the United 
States Cyber Command carries out an ac-
tion under paragraph (1), the Secretary of 
Defense shall, not less frequently than quar-
terly, submit to the congressional defense 
committees a report on the actions of the 
Commander under such paragraph in such 
fiscal year. 
(ii) MANNER OF REPORTING.—Reports 
submitted under clause (i) shall be sub-
mitted in a manner that is consistent with 
the recurring quarterly report required by 
section 484 of title 10, United States Code. 
(b) SURVEILLANCE.— 
(1) IN GENERAL.—The Secretary of Defense, act-
ing through the Commander of the United States 
Cyber Command and the cyber mission forces of such 
command, may conduct surveillance in networks out-
722 
† HR 5515 PAP
side the United States of personnel and organizations 
engaged at the behest or in support of the Russian 
Federation in— 
(A) stealing and releasing confidential in-
formation from United States persons or sup-
porting organizations who are campaigning for 
public office; 
(B) generating and planting information 
and narratives, including the purchase of adver-
tisements, in social and other media intended to 
mislead, sharpen social and political conflicts, or 
otherwise manipulate perceptions and opinions 
of the people of the United States; 
(C) creating networks of subverted com-
puters and associated false accounts on social 
media platforms for the purpose of spreading 
and amplifying the impact of information and 
narratives intended to mislead, sharpen social 
and political conflicts, or otherwise manipulate 
perceptions and opinions of the people of the 
United States; and 
(D) developing or using cyber capabilities— 
(i) to disable, disrupt, or destroy crit-
ical infrastructure of the United States; or 
(ii) to cause—
723 
† HR 5515 PAP
(I) 
casualties 
among 
United 
States persons or persons of allies of 
the United States; 
(II) significant damage to private 
or public property; 
(III) significant economic disrup-
tion; 
(IV) an effect, whether individ-
ually or in aggregate, comparable to 
that of an armed attack or one that 
imperils a vital national security in-
terest of the United States; or 
(V) significant disruption of the 
normal functioning of United States 
democratic society or government, in-
cluding attacks against or incidents 
involving critical infrastructure that 
could damage systems used to provide 
key services to the public or govern-
ment. 
(2) PRIVATE SECTOR COOPERATION.— 
(A) IN
GENERAL.—The Secretary shall 
make arrangements, directly or through other 
government organizations, with private sector 
media representatives and organizations, includ-
724 
† HR 5515 PAP
ing social media companies, on a voluntary 
basis, using the results of the surveillance under 
paragraph (1) to assist in the identification of 
such malicious individuals and organizations 
and associated false or counterfeit accounts cre-
ated on social media platforms. 
(B) SECURITY CLEARANCES.—In carrying 
out subparagraph (A), the Secretary may grant 
such security clearances to individuals of media 
organizations as the Secretary considers nec-
essary and appropriate to share evidence that 
supports the Secretary’s conclusions regarding 
the individuals and organizations engaged in the 
activities described in paragraph (1). 
(c) ANNUAL REPORT.—Not less frequently than once 
each year, the Secretary shall submit to the congressional 
defense committees and the congressional intelligence com-
mittees (as defined in section 3 of the National Security 
Act of 1947 (50 U.S.C. 3003)) a report on— 
(1) the scope and intensity of the Russian Fed-
eration’s information operations and attacks through 
cyberspace against the government or people of the 
United States observed by the cyber mission forces of 
the United States Cyber Command and the National 
Security Agency;
725 
† HR 5515 PAP
(2) adjustments of the Department of Defense in 
the response directed or recommended by the Sec-
retary with respect to such operations and attacks; 
and 
(3) whether the authorities under subsections (a) 
and (b) should be expanded to include other foreign 
powers, such as the Islamic Republic of Iran and the 
People’s Republic of China. 
SEC. 1624. REORGANIZATION AND CONSOLIDATION OF CER-
TAIN CYBER PROVISIONS. 
(a) IN GENERAL.—Part I of subtitle A of title 10, 
United States Code, is amended— 
(1) by transferring sections 130g, 130j, and 130k 
to chapter 19; and 
(2) in chapter 19, by redesignating sections 
130g, 130j, and 130k, as transferred by subparagraph 
(A), as sections 394, 395, and 396, respectively. 
(b) CONFORMING AMENDMENT.—Section 108(m) of the 
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
1507(m)) is amended by striking ‘‘under section 130g’’ and 
inserting ‘‘under section 394’’. 
(c) CLERICAL AMENDMENTS.—(1) The table of sections 
at the beginning of chapter 3 of title 10, United States Code, 
is amended by striking the items relating to sections 130g, 
130j, and 130k.
726 
† HR 5515 PAP
(2) The table of sections at the beginning of chapter 
19 of such title is amended by adding at the end the fol-
lowing new items: 
‘‘394. Authorities concerning military cyber operations. 
‘‘395. Notification requirements for sensitive military cyber operations. 
‘‘396. Notification requirements for cyber weapons.’’. 
SEC. 1625. DESIGNATION OF OFFICIAL FOR MATTERS RE-
LATING TO INTEGRATING CYBERSECURITY 
AND INDUSTRIAL CONTROL SYSTEMS WITHIN 
THE DEPARTMENT OF DEFENSE. 
(a) DESIGNATION OF INTEGRATING OFFICIAL.—Not 
later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall designate one official to 
be responsible for matters relating to integrating cybersecu-
rity and industrial control systems within the Department 
of Defense. 
(b) RESPONSIBILITIES.—The official designated pur-
suant to subsection (a) shall be responsible for matters de-
scribed in such subsection at all levels of command, from 
the Department to the facility using industrial control sys-
tems, including developing Department-wide certification 
standards for integration of industrial control systems and 
taking into consideration frameworks set forth by the Na-
tional Institute of Standards and Technology for the cyber-
security of such systems.
727 
† HR 5515 PAP
SEC. 1626. ASSISTANCE FOR SMALL MANUFACTURERS IN 
THE DEFENSE INDUSTRIAL SUPPLY CHAIN 
ON MATTERS RELATING TO CYBERSECURITY. 
(a) 
DISSEMINATION
OF
CYBERSECURITY
RE-
SOURCES.— 
(1) IN GENERAL.—The Under Secretary of De-
fense for Research and Engineering, in consultation 
with the Director of the National Institute of Stand-
ards and Technology, shall take such actions as may 
be necessary to enhance awareness of cybersecurity 
threats among small manufacturers in the defense in-
dustrial supply chain. 
(2) PRIORITY.—The Under Secretary of Defense 
for Research and Engineering shall prioritize efforts 
to increase awareness to help reduce cybersecurity 
risks faced by small manufacturers described in para-
graph (1). 
(3) SECTOR
FOCUS.—The Under Secretary of 
Defense for Research and Engineering shall carry out 
this subsection with a focus on such industry sectors 
as the Under Secretary considers critical. 
(4) OUTREACH EVENTS.—Under paragraph (1), 
the Under Secretary of Defense for Research and En-
gineering shall conduct outreach to support activities 
consistent with this section. Such outreach may in-
728 
† HR 5515 PAP
clude live events with a physical presence and out-
reach conducted through Internet websites. 
(b) 
VOLUNTARY
CYBERSECURITY
SELF-ASSESS-
MENTS.—The Under Secretary of Defense for Research and 
Engineering shall develop mechanisms to provide assistance 
to help small manufacturers conduct voluntary self-assess-
ments in order to understand operating environments, cy-
bersecurity requirements, and existing vulnerabilities, in-
cluding through the Mentor Prote´ge´ Program, small busi-
ness programs, and engagements with defense laboratories 
and test ranges. 
(c) TRANSFER OF RESEARCH FINDINGS AND EXPER-
TISE.— 
(1) IN GENERAL.—The Under Secretary of De-
fense for Research and Engineering shall promote the 
transfer of appropriate technology and techniques de-
veloped in the Department of Defense to small manu-
facturers throughout the United States to implement 
security measures that are adequate to protect covered 
defense information, including controlled unclassified 
information. 
(2) COORDINATION WITH OTHER FEDERAL EX-
PERTISE AND CAPABILITIES.—The Under Secretary of 
Defense for Research and Engineering shall coordi-
nate efforts, when appropriate, with the expertise and
729 
† HR 5515 PAP
capabilities that exist in Federal agencies and feder-
ally sponsored laboratories. 
(3) AGREEMENTS.—In carrying out this sub-
section, the Under Secretary of Defense for Research 
and Engineering may enter into agreements with pri-
vate industry, institutes of higher education, or a 
State, United States territory, local, or tribal govern-
ment to ensure breadth and depth of coverage to the 
United States defense industrial base and to leverage 
resources. 
(d) DEFENSE
ACQUISITION
WORKFORCE
CYBER 
TRAINING PROGRAM.—The Secretary of Defense shall estab-
lish a cyber counseling certification program, or approve 
a similar existing program, to certify small business profes-
sionals and other relevant acquisition staff within the De-
partment of Defense to provide cyber planning assistance 
to small manufacturers in the defense industrial supply 
chain. 
(e) AUTHORITIES.—In executing this program, the 
Secretary may use the following authorities: 
(1) The Manufacturing Technology Program es-
tablished under section 2521 of title 10, United States 
Code.
730 
† HR 5515 PAP
(2) The Centers for Science, Technology, and En-
gineering Partnership program under section 2368 of 
title 10, United States Code. 
(3) The Manufacturing Engineering Education 
Program established under section 2196 of title 10, 
United States Code. 
(4) The Small Business Innovation Research 
program. 
(5) The mentor-prote´ge´ program. 
(6) Other legal authorities as the Secretary 
deems necessary for the effective and efficient execu-
tion of the program. 
(f) DEFINITIONS.—In this section: 
(1) RESOURCES.—The term ‘‘resources’’ means 
guidelines, tools, best practices, standards, methodolo-
gies, and other ways of providing information. 
(2) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ means a small business con-
cern as that term is used in section 3 of the Small 
Business Act (15 U.S.C. 632). 
(3) SMALL MANUFACTURER.—The term ‘‘small 
manufacturer’’ means a small business concern that is 
a manufacturer. 
(4) STATE.—The term ‘‘State’’ means each of the 
several States, Territories, and possessions of the
731 
† HR 5515 PAP
United States, the District of Columbia, and the Com-
monwealth of Puerto Rico. 
SEC. 1627. MODIFICATION OF ACQUISITION AUTHORITY OF 
THE COMMANDER OF THE UNITED STATES 
CYBER COMMAND. 
(a) MODIFICATION OF LIMITATION ON USE OF CYBER 
OPERATIONS PROCUREMENT FUND.—Subsection (e) of sec-
tion 807 of the National Defense Authorization Act for Fis-
cal Year 2016 (Public Law 114–92; 10 U.S.C. 2224 note) 
is amended— 
(1) by striking ‘‘$75,000,000’’ and inserting 
‘‘$250,000,000’’; and 
(2) by striking ‘‘2021’’ and inserting ‘‘2025’’. 
(b) EXTENSION ON SUNSET.—Subsection (i)(1) of such 
section is amended by striking ‘‘September 30, 2021’’ and 
inserting ‘‘September 30, 2025’’. 
SEC. 1628. EMAIL AND INTERNET WEBSITE SECURITY AND 
AUTHENTICATION. 
(a) IMPLEMENTATION OF PLAN REQUIRED.—Except 
as provided by subsection (b), the Secretary of Defense shall 
develop and implement the plan outlined in Binding Oper-
ational Directive 18–01, issued by the Secretary of Home-
land Security on October 16, 2017, relating to email secu-
rity and authentication and Internet website security, ac-
cording to the schedule established by the Binding Oper-
732 
† HR 5515 PAP
ational Directive for the rest of the Executive Branch begin-
ning with the date of enactment of this Act. 
(b) ELEMENTS.—The actions required of the Secretary 
of Defense under subsection (a) include the following: 
(1) The adoption of the START Transport Layer 
Security (STARTTLS) protocol for encryption. 
(2) Enforcement of Sender Policy Framework 
(SPF), Domain Keys Identified Mail (DKIM), and 
Domain-based Message Authentication, Reporting, 
and Conformance (DMARC) for email authentication. 
(3) Implementation of Hypertext Transfer Pro-
tocol Strict Transport Security (HSTS). 
(c) WAIVER.—The Secretary may waive the require-
ments of subsection (a) if the Secretary submits to the con-
gressional defense committees a certification that existing 
or planned security measures for the Department of Defense 
either meet or exceed the information security requirements 
of Binding Operational Directive 18–01. 
(d) FUTURE BINDING OPERATIONAL DIRECTIVES.— 
The Chief Information Officer of the Department of Defense 
shall notify the congressional defense committees within 180 
days of the issuance by the Secretary of Homeland Security 
after the date of the enactment of this Act of any Binding 
Operational Directive for cybersecurity whether the Depart-
ment of Defense will comply with the Directive or how the
733 
† HR 5515 PAP
Department of Defense plans to meet or exceed the security 
objectives of the Directive. 
SEC. 1629. MATTERS PERTAINING TO THE SHARKSEER CY-
BERSECURITY PROGRAM. 
(a) TRANSFER OF PROGRAM.—Not later than March 
1, 2019, the Secretary of Defense shall transfer the 
Sharkseer cybersecurity program from the National Secu-
rity Agency to the Defense Information Systems Agency, in-
cluding all associated funding and, as the Secretary con-
siders necessary, personnel. 
(b) LIMITATION ON FUNDING FOR THE INFORMATION 
SYSTEMS SECURITY PROGRAM.—Of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2019 or any subsequent fiscal year for re-
search, development, test, and evaluation for the Informa-
tion Systems Security Program for the National Security 
Agency, not more than 90 percent may be obligated or ex-
pended unless the Principal Cyber Advisor certifies to the 
congressional defense committees that the operations and 
maintenance funding for the Sharkseer program for fiscal 
year 2019 and the subsequent fiscal years of the current 
Future Years Defense Program are available or pro-
grammed. 
(c) SHARKSEER BREAK AND INSPECT CAPABILITY.—
734 
† HR 5515 PAP
(1) IN GENERAL.—The Secretary of Defense shall 
ensure that the decryption capability described in sec-
tion 1636 of the Carl Levin and Howard P. ‘‘Buck’’ 
McKeon National Defense Authorization Act for Fis-
cal Year 2015 (Public Law 113–291) is provided by 
the break and inspect subsystem of the Sharkseer cy-
bersecurity program, unless the Principal Cyber Advi-
sor notifies the congressional defense committees on or 
before the date that is 90 days after the date of the 
enactment of this Act that a superior enterprise solu-
tion will be operational before October 1, 2019. 
(2) INTEGRATION
OF
CAPABILITY.—The Sec-
retary shall take such actions as are necessary to inte-
grate the break and inspect subsystem of the 
Sharkseer cybersecurity program with the Department 
of Defense public key infrastructure. 
(d) VISIBILITY TO ENDPOINTS.—The Secretary shall 
take such actions as are necessary to enable, by October 1, 
2020, the Sharkseer cybersecurity program and computer 
network defense service providers to instantly and auto-
matically determine the specific identity and location of 
computer hosts and other endpoints that received or sent 
malware detected by the Sharkseer cybersecurity program 
or other network perimeter defenses.
735 
† HR 5515 PAP
(e) SANDBOX AS A SERVICE.—The Secretary shall use 
the Sharkseer cybersecurity program sandbox-as-a-service 
capability as an enterprise solution and terminate all other 
such projects, unless the Principal Cyber Advisor notifies 
the congressional defense committees on or before the date 
that is 90 days after the date of the enactment of this Act 
that a superior enterprise solution will be operational before 
October 1, 2019. 
(f) AUTHORIZATION OF APPROPRIATIONS FOR BAND-
WIDTH EXPANSION.—There is authorized to be appro-
priated $20,000,000 for procurement, defense-wide, for the 
Defense Information Systems Agency to increase the band-
width of the Sharkseer cybersecurity program to match the 
bandwidth of communications entering the Internet access 
points of the Department of Defense. 
SEC. 1630. PILOT PROGRAM ON MODELING AND SIMULA-
TION IN SUPPORT OF MILITARY HOMELAND 
DEFENSE OPERATIONS IN CONNECTION WITH 
CYBER ATTACKS ON CRITICAL INFRASTRUC-
TURE. 
(a) PILOT PROGRAM REQUIRED.— 
(1) IN
GENERAL.—The Assistant Secretary of 
Defense for Homeland Defense and Global Security 
shall carry out a pilot program that uses the results 
of research exercises of local government, industry,
736 
† HR 5515 PAP
and military responses to combined natural disasters 
and cyber attacks on critical infrastructure in order 
to identify and develop means of improving such re-
sponses to such combined disasters and attacks. 
(2) DISCHARGE.—The Assistant Secretary shall 
carry out the pilot program through the United States 
Northern Command and the United States Cyber 
Command. 
(3) RESEARCH EXERCISES.—The pilot program 
shall be based on lessons learned from the so-called 
‘‘Jack Voltaic’’ research exercises conducted by the 
Army Cyber Institute, industry partners of the Insti-
tute, and New York, New York, and Houston, Texas. 
(b) PURPOSE.—The purpose of the pilot program shall 
be to accomplish the following: 
(1) The development and demonstration of risk 
analysis methodologies, and the application of com-
mercial simulation and modeling capabilities, based 
on artificial intelligence and hyperscale cloud com-
puting technologies, for use by the Federal Govern-
ments, States, and localities, as applicable— 
(A) to assess defense critical infrastructure 
vulnerabilities and interdependencies to improve 
military resiliency;
737 
† HR 5515 PAP
(B) to determine the likely effectiveness of 
attacks described in subsection (a)(1), and coun-
termeasures, tactics, and tools supporting respon-
sive military homeland defense operations; 
(C) to train personnel in incident response; 
(D) to conduct exercises and test scenarios; 
and 
(E) to foster collaboration and learning be-
tween and among departments and agencies of 
the Federal Government, State and local govern-
ments, and private entities responsible for crit-
ical infrastructure. 
(2) The development and demonstration of the 
foundations for establishing and maintaining a pro-
gram of record for a shared high-fidelity, interactive, 
affordable, cloud-based modeling and simulation of 
critical infrastructure systems and incident response 
capabilities that can simulate complex cyber and 
physical attacks and disruptions on individual and 
multiple sectors on national, regional, State, and 
local scales. 
(c) REPORT.— 
(1) IN GENERAL.—At the same time the budget 
of the President for fiscal year 2020 is submitted to 
Congress pursuant to section 1105(a) of title 31,
738 
† HR 5515 PAP
United States Code, the Assistant Secretary shall, in 
consultation with the Secretary of Homeland Secu-
rity, submit to the congressional defense committees a 
report on the pilot program. 
(2) CONTENTS.—The report required by para-
graph (1) shall include the following: 
(A) A description of the results of the exer-
cises described in subsection (a)(3) and any other 
exercises conducted as part of the pilot program 
as of the date of the report. 
(B) A list of the cybersecurity units of the 
National Guard and Reserves, and a description 
and assessment of the progress of the Assistant 
Secretary and the National Governors’ Associa-
tion in promoting multi-State mutual assistance 
compacts to share resources with respect to com-
bined natural disaster and cyber attacks de-
scribed in subsection (a)(1) as well as an assess-
ment of how the National Guard’s ability to op-
erate under dual jurisdictions and their existing 
relationships at the State and local level could be 
used in these types of events. 
(C) A description of the risk analysis meth-
odologies and modeling and simulation capabili-
ties developed and demonstrated pursuant to the
739 
† HR 5515 PAP
pilot program, and an assessment of the poten-
tial for future growth of commercial technology 
in support of the homeland defense mission of the 
Department of Defense. 
(D) Such recommendations as the Secretary 
considers appropriate regarding the establish-
ment of a program of record for the Department 
on further development and sustainment of risk 
analysis methodologies and advanced, large-scale 
modeling and simulation on critical infrastruc-
ture and cyber warfare. 
(E) Lessons learned from the use of novel 
risk analysis methodologies and large-scale mod-
eling and simulation carried out under the pilot 
program regarding vulnerabilities, required ca-
pabilities, and reconfigured force structure, co-
ordination practices, and policy. 
(F) Planned steps for implementing the les-
sons described in subparagraph (E). 
(d) FUNDING.—Of the amounts authorized to be ap-
propriated for fiscal year 2019 by section 201 for research, 
development, test, and evaluation for the Army and avail-
able for Advanced Concepts and Simulation (Program Ele-
ment (62308A)), $10,000,000 may be available for the pilot 
program.
740 
† HR 5515 PAP
SEC. 1631. SECURITY PRODUCT INTEGRATION FRAMEWORK. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Department of Defense requires a stand-
ard, enterprise-wide, security product integration 
framework (SPIF) that provides a machine-to-ma-
chine data exchange architecture and protocol to 
achieve interoperability and automated orchestration 
and coordinated action between and among cybersecu-
rity services, devices, appliances, agents, applications, 
tools, and command and control centers. 
(2) Information security products and services 
need to be engineered to consume and act on informa-
tion, direction, and cues from other security elements 
on a network through this framework. 
(3) A security product integration framework 
should ideally be non-proprietary or designed as a 
modular open system. 
(4) A security integration framework is essential 
to achieve the speed, scale, and agility of response re-
quired for cyber warfare, and to reduce the cost and 
time needed to integrate new products and services 
into the existing security environment. 
(b) DEMONSTRATION PROGRAM.—The Principal Cyber 
Adviser, the Chief Information Officer, and the Commander 
of the United States Cyber Command shall select a network 
or network segment and associated computer network de-
741 
† HR 5515 PAP
fense service provider to conduct a demonstration and eval-
uation of one or more existing security product integration 
frameworks, including modifying network security systems 
to enable such systems to ingest, publish, subscribe, tip and 
cue, and request information or services from each other. 
SEC. 1632. REPORT ON ENHANCEMENT OF SOFTWARE SECU-
RITY FOR CRITICAL SYSTEMS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2019, the Principal Cyber Adviser to the Secretary of De-
fense and the Chief Information Officer of the Department 
of Defense shall jointly submit to the congressional defense 
committees a report on a study, based on the authorities 
specified in subsection (b), on the costs, benefits, technical 
merits, and other merits of applying the technology de-
scribed in subsection (c) to the vulnerability assessment and 
remediation of the following: 
(1) Nuclear systems and nuclear command and 
control. 
(2) A critical subset of conventional power pro-
jection capabilities. 
(3) Cyber command and control. 
(4) Other defense critical infrastructure 
(b) BASIS FOR CONDUCT OF STUDY.—The study re-
quired for purposes of subsection (a) shall be conducted pur-
suant to the following:
742 
† HR 5515 PAP
(1) Section 1640 of the National Defense Author-
ization Act for Fiscal Year 2018 (Public Law 115– 
91). 
(2) Section 1650 of the National Defense Author-
ization Act for Fiscal Year 2017 (10 U.S.C. 2224 
note). 
(3) Section 1647 of the National Defense Author-
ization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 1118). 
(c) TECHNOLOGIES.—The technologies described in 
this subsection are the following: 
(1) Technology developed and used by Combat 
Support Agencies of the Department of Defense to dis-
cover flaws and weaknesses in software code by 
inputting immense quantities of pseudo-random data 
(commonly referred to as ‘‘fuzz’’) to identify inputs 
that cause the software to fail. 
(2) Cloud-based software fuzzing-as-a-service to 
continuously test the security of Department of De-
fense software repositories at large scale. 
(3) Formal programming and protocol language 
for software code development and other methods and 
tools developed under the High Assurance Cyber Mili-
tary Systems program of the Defense Advanced Re-
search Projects Agency.
743 
† HR 5515 PAP
(4) The binary analysis and symbolic execution 
software security tools developed under the Cyber 
Grand Challenge of the Defense Advanced Research 
Projects Agency. 
SEC. 1633. COMPLY TO CONNECT AND CYBERSECURITY 
SCORECARD. 
(a) LIMITATION.—After October 1, 2019, no funds may 
be obligated or expended to prepare the cybersecurity score-
card for the Secretary of Defense unless the Department of 
Defense is implementing a funded capability to meet the 
requirements— 
(1) established by the Chief Information Officer 
and the Commander of United States Cyber Com-
mand pursuant to section 1653 of the National De-
fense Authorization for Fiscal Year 2017 (Public Law 
114–328; 10 U.S.C. 2224 note); and 
(2) set forth in the Information Security Contin-
uous Monitoring Strategy, the Comply-to-Connect 
Strategy, the Enterprise Patch Management Service 
Strategy and Concept of Operations, and the User Ac-
tivity Monitoring Strategy. 
(b) REPORT.—Not later than January 10, 2019, the 
Director of Cost Assessment and Program Evaluation shall 
submit to the congressional defense committees a report
744 
† HR 5515 PAP
comparing the current capabilities of the Department of De-
fense to— 
(1) the requirements described in subsection (a); 
and 
(2) the capabilities deployed by the Department 
of Homeland Security and the General Services Ad-
ministration under the Continuous Diagnostics and 
Mitigation program across the non-Department of De-
fense departments and agencies of the Federal Govern-
ment. 
(c) RISK THRESHOLDS.—The Chief Information Offi-
cer of the Department of Defense, in coordination with the 
Principal Cyber Advisor, the Director of Operations of the 
Joint Staff, and the Commander of United States Cyber 
Command, shall establish risk thresholds for systems and 
network operations that, when exceeded, would trigger 
heightened security measures, such as enhanced monitoring 
and access policy changes. 
(d) ENTERPRISE GOVERNANCE, RISK, AND COMPLI-
ANCE PLAN.—Not later than 180 days after the date of the 
enactment of this Act, the Chief Information Officer and 
the Principal Cyber Advisor shall develop a plan to imple-
ment an enterprise governance, risk, and compliance plat-
form and process to maintain current status of all informa-
745 
† HR 5515 PAP
tion and operational technology assets, vulnerabilities, 
threats, and mitigations. 
SEC. 1634. CYBERSPACE SOLARIUM COMMISSION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established a com-
mission to develop a consensus on a strategic ap-
proach to protecting the crucial advantages of the 
United States in cyberspace against the attempts of 
adversaries to erode such advantages. 
(2) DESIGNATION.—The commission established 
under paragraph (1) shall be known as the ‘‘Cyber-
space Solarium Commission’’ (in this section the 
‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—(A) Subject to subparagraph 
(B), the Commission shall be composed of 13 mem-
bers, as follows: 
(i) The Principal Deputy Director of Na-
tional Intelligence. 
(ii) The Deputy Secretary of Homeland Se-
curity. 
(iii) The Deputy Secretary of Defense. 
(iv) Three members appointed by the major-
ity leader of the Senate, in consultation with the 
Chairman of the Committee on Armed Services
746 
† HR 5515 PAP
of the Senate, one of whom shall be a member of 
the Senate and two of whom shall not be. 
(v) Two members appointed by the minority 
leader of the Senate, in consultation with the 
Ranking Member of the Committee on Armed 
Services of the Senate, one of whom shall be a 
member of the Senate and one of whom shall not 
be. 
(vi) Three members appointed by the Speak-
er of the House of Representatives, in consulta-
tion with the Chairman of the Committee on 
Armed Services of the House of Representatives, 
one of whom shall be a member of the House of 
Representatives and two of whom shall not be. 
(vii) Two members appointed by the minor-
ity leader of the House of Representatives, in 
consultation with the Ranking Member of the 
Committee on Armed Services of the House of 
Representatives, one of whom shall be a member 
of the House of Representatives and one of whom 
shall not be. 
(B)(i) The members of the Commission who are 
not members of Congress and who are appointed 
under clauses (iv) through (vii) of subparagraph (A)
747 
† HR 5515 PAP
shall be individuals who are nationally recognized for 
expertise, knowledge, or experience in— 
(I) cyber strategy or national-level strategies 
to combat long-term adversaries; 
(II) cyber technology and innovation; 
(III) use of intelligence information by na-
tional policymakers and military leaders; or 
(IV) the implementation, funding, or over-
sight of the national security policies of the 
United States. 
(ii) An official who appoints members of the 
Commission may not appoint an individual as a 
member of the Commission if, in the judgment of the 
official, such individual possesses any personal or fi-
nancial interest in the discharge of any of the duties 
of the Commission. 
(iii) All members of the Commission described in 
clause (i) shall possess an appropriate security clear-
ance in accordance with applicable provisions of law 
concerning the handling of classified information. 
(2) CO-CHAIRS.—(A) The Commission shall have 
two co-chairs, selected from among the members of the 
Commission.
748 
† HR 5515 PAP
(B) One co-chair of the Commission shall be a 
member of the Democratic Party, and one co-chair 
shall be a member of the Republican Party. 
(C) The individuals who serve as the co-chairs of 
the Commission shall be jointly agreed upon by the 
President, the majority leader of the Senate, the mi-
nority leader of the Senate, the Speaker of the House 
of Representatives, and the minority leader of the 
House of Representatives. 
(c) APPOINTMENT; INITIAL MEETING.— 
(1) APPOINTMENT.—Members of the Commission 
shall be appointed not later than 45 days after the 
date of the enactment of this Act. 
(2) INITIAL
MEETING.—The Commission shall 
hold its initial meeting on or before the date that is 
60 days after the date of the enactment of this Act. 
(d) MEETINGS; QUORUM; VACANCIES.— 
(1) IN GENERAL.—After its initial meeting, the 
Commission shall meet upon the call of the co-chairs 
of the Commission. 
(2) QUORUM.—Seven members of the Commis-
sion shall constitute a quorum for purposes of con-
ducting business, except that two members of the 
Commission shall constitute a quorum for purposes of 
receiving testimony.
749 
† HR 5515 PAP
(3) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner in which the original appointment 
was made. 
(4) QUORUM WITH VACANCIES.—If vacancies in 
the Commission occur on any day after 45 days after 
the date of the enactment of this Act, a quorum shall 
consist of a majority of the members of the Commis-
sion as of such day. 
(e) ACTIONS OF COMMISSION.— 
(1) IN GENERAL.—The Commission shall act by 
resolution agreed to by a majority of the members of 
the Commission voting and present. 
(2) PANELS.—The Commission may establish 
panels composed of less than the full membership of 
the Commission for purposes of carrying out the du-
ties of the Commission under this title. The actions of 
any such panel shall be subject to the review and con-
trol of the Commission. Any findings and determina-
tions made by such a panel shall not be considered 
the findings and determinations of the Commission 
unless approved by the Commission. 
(3) DELEGATION.—Any member, agent, or staff 
of the Commission may, if authorized by the co-chairs
750 
† HR 5515 PAP
of the Commission, take any action which the Com-
mission is authorized to take pursuant to this title. 
(f) DUTIES.—The duties of the Commission are as fol-
lows: 
(1) To weigh the costs and benefits of various 
strategic options to reach the goal of protecting the 
advantages described in subsection (a)(1), including 
the political system of the United States, the national 
security industrial sector of the United States, and 
the innovation base of the United States. The options 
to be assessed should include deterrence, norms-based 
regimes, and cyber persistence. 
(2) To review adversarial strategies and inten-
tions, current programs for the protection of advan-
tages described in subsection (a)(1), and the capabili-
ties of the Federal Government to understand if and 
how adversaries are currently being deterred or 
thwarted in their aims and ambitions. 
(3) To evaluate the current allocation of re-
sources for understanding adversarial strategies and 
intentions and protecting the advantages described in 
subsection (a)(1). 
(4) In weighing the options for protecting advan-
tages as described in subsection (a)(1), to consider 
possible structures and authorities that need to be es-
751 
† HR 5515 PAP
tablished, revised, or augmented within the Federal 
Government. 
(g) POWERS OF COMMISSION.— 
(1) IN GENERAL.—(A) The Commission or, on 
the authorization of the Commission, any sub-
committee or member thereof, may, for the purpose of 
carrying out the provisions of this section— 
(i) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, and administer such oaths; 
and 
(ii) require, by subpoena or otherwise, the 
attendance and testimony of such witnesses and 
the production of such books, records, correspond-
ence, memoranda, papers, and documents, as the 
Commission or such designated subcommittee or 
designated member considers necessary. 
(B) Subpoenas may be issued under subpara-
graph (A)(ii) under the signature of the co-chairs of 
the Commission, and may be served by any person 
designated by such co-chairs. 
(C) The provisions of sections 102 through 104 
of the Revised Statutes of the United States (2 U.S.C. 
192–194) shall apply in the case of any failure of a
752 
† HR 5515 PAP
witness to comply with any subpoena or to testify 
when summoned under authority of this section. 
(2) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
advance in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under 
this title. 
(3) INFORMATION FROM FEDERAL AGENCIES.— 
(A) The Commission may secure directly from any 
executive department, agency, bureau, board, commis-
sion, office, independent establishment, or instrumen-
tality of the Government information, suggestions, es-
timates, and statistics for the purposes of this title. 
(B) Each such department, agency, bureau, 
board, commission, office, establishment, or instru-
mentality shall, to the extent authorized by law, fur-
nish such information, suggestions, estimates, and 
statistics directly to the Commission, upon request of 
the co-chairs of the Commission. 
(C) The Commission shall handle and protect all 
classified information provided to it under this sec-
tion in accordance with applicable statutes and regu-
lations. 
(4) ASSISTANCE FROM FEDERAL AGENCIES.—(A) 
The Secretary of Defense shall provide to the Commis-
753 
† HR 5515 PAP
sion, on a nonreimbursable basis, such administrative 
services, funds, staff, facilities, and other support 
services as are necessary for the performance of the 
Commission’s duties under this title. 
(B) The Director of National Intelligence may 
provide the Commission, on a nonreimbursable basis, 
with such administrative services, staff, and other 
support services as the Commission may request. 
(C) In addition to the assistance set forth in 
paragraphs (1) and (2), other departments and agen-
cies of the United States may provide the Commission 
such services, funds, facilities, staff, and other support 
as such departments and agencies consider advisable 
and as may be authorized by law. 
(D) The Commission shall receive the full and 
timely cooperation of any official, department, or 
agency of the United States Government whose assist-
ance is necessary for the fulfillment of the duties of 
the Commission under this title, including the provi-
sion of full and current briefings and analyses. 
(5) PROHIBITION
ON
WITHHOLDING
INFORMA-
TION.—No department or agency of the Government 
may withhold information from the Commission on 
the grounds that providing the information to the 
Commission would constitute the unauthorized disclo-
754 
† HR 5515 PAP
sure of classified information or information relating 
to intelligence sources or methods. 
(6) POSTAL SERVICES.—The Commission may 
use the United States postal services in the same 
manner and under the same conditions as the depart-
ments and agencies of the United States. 
(7) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty in carrying out its duties under this title. 
(h) STAFF OF COMMISSION.— 
(1) IN GENERAL.—(A) The co-chairs of the Com-
mission, in accordance with rules agreed upon by the 
Commission, shall appoint and fix the compensation 
of a staff director and such other personnel as may 
be necessary to enable the Commission to carry out its 
duties, without regard to the provisions of title 5, 
United States Code, governing appointments in the 
competitive service, and without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 
of such title relating to classification and General 
Schedule pay rates, except that no rate of pay fixed 
under this subsection may exceed the equivalent of 
that payable to a person occupying a position at level 
V of the Executive Schedule under section 5316 of 
such title.
755 
† HR 5515 PAP
(B) Any Federal Government employee may be 
detailed to the Commission without reimbursement 
from the Commission, and such detailee shall retain 
the rights, status, and privileges of his or her regular 
employment without interruption. 
(C) All staff of the Commission shall possess a 
security clearance in accordance with applicable laws 
and regulations concerning the handling of classified 
information. 
(2) CONSULTANT SERVICES.—(A) The Commis-
sion may procure the services of experts and consult-
ants in accordance with section 3109 of title 5, 
United States Code, but at rates not to exceed the 
daily rate paid a person occupying a position at level 
IV of the Executive Schedule under section 5315 of 
such title. 
(B) All experts and consultants employed by the 
Commission shall possess a security clearance in ac-
cordance with applicable laws and regulations con-
cerning the handling of classified information. 
(i) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.—(A) Except as provided in 
paragraph (2), each member of the Commission may 
be compensated at not to exceed the daily equivalent 
of the annual rate of basic pay in effect for a position
756 
† HR 5515 PAP
at level IV of the Executive Schedule under section 
5315 of title 5, United States Code, for each day dur-
ing which that member is engaged in the actual per-
formance of the duties of the Commission under this 
title. 
(B) Members of the Commission who are officers 
or employees of the United States or Members of Con-
gress shall receive no additional pay by reason of 
their service on the Commission. 
(2) TRAVEL EXPENSES.—While away from their 
homes or regular places of business in the perform-
ance of services for the Commission, members of the 
Commission may be allowed travel expenses, includ-
ing per diem in lieu of subsistence, in the same man-
ner as persons employed intermittently in the Govern-
ment service are allowed expenses under section 5703 
of title 5, United States Code. 
(j) TREATMENT OF INFORMATION RELATING TO NA-
TIONAL SECURITY.— 
(1) IN GENERAL.—(A) The Director of National 
Intelligence shall assume responsibility for the han-
dling and disposition of any information related to 
the national security of the United States that is re-
ceived, considered, or used by the Commission under 
this title.
757 
† HR 5515 PAP
(B) Any information related to the national se-
curity of the United States that is provided to the 
Commission by a congressional intelligence commit-
tees or the congressional armed services committees 
may not be further provided or released without the 
approval of the chairman of such committees. 
(2) ACCESS
AFTER
TERMINATION
OF
COMMIS-
SION.—Notwithstanding any other provision of law, 
after the termination of the Commission under sub-
section (k)(2), only the members and designated staff 
of the congressional intelligence committees, the Direc-
tor of National Intelligence (and the designees of the 
Director), and such other officials of the executive 
branch as the President may designate shall have ac-
cess to information related to the national security of 
the United States that is received, considered, or used 
by the Commission. 
(k) FINAL REPORT; TERMINATION.— 
(1) FINAL REPORT.—Not later than September 1, 
2019, the Commission shall submit to the congres-
sional defense committees, the congressional intel-
ligence committees, the Director of National Intel-
ligence, and the Secretary of Defense, and the Sec-
retary of Homeland Security a final report on the 
findings of the Commission.
758 
† HR 5515 PAP
(2) TERMINATION.—(A) The Commission, and 
all the authorities of this section, shall terminate at 
the end of the 120-day period beginning on the date 
on which the final report under paragraph (1) is sub-
mitted to the congressional defense and intelligence 
committees. 
(B) The Commission may use the 120-day period 
referred to in paragraph (1) for the purposes of con-
cluding its activities, including providing testimony 
to Congress concerning the final report referred to in 
that paragraph and disseminating the report. 
(l) ASSESSMENTS OF FINAL REPORT.—Not later than 
60 days after receipt of the final report under subsection 
(k)(1), the Director of National Intelligence and the Sec-
retary of Defense shall each submit to the congressional in-
telligence committees and the congressional defense commit-
tees an assessment by the Director or the Secretary, as the 
case may be, of the final report. Each assessment shall in-
clude such comments on the findings and recommendations 
contained in the final report as the Director or Secretary, 
as the case may be, considers appropriate. 
(m) INAPPLICABILITY OF CERTAIN ADMINISTRATIVE 
PROVISIONS.— 
(1) FEDERAL ADVISORY COMMITTEE ACT.—The 
provisions of the Federal Advisory Committee Act (5
759 
† HR 5515 PAP
U.S.C. App.) shall not apply to the activities of the 
Commission under this section. 
(2) FREEDOM OF INFORMATION ACT.—The provi-
sions of section 552 of title 5, United States Code 
(commonly referred to as the Freedom of Information 
Act), shall not apply to the activities, records, and 
proceedings of the Commission under this section. 
(n) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $4,000,000 to 
carry out this section. 
(2) AVAILABILITY
IN
GENERAL.—Subject to 
paragraph (1), the Secretary of Defense shall make 
available to the Commission such amounts as the 
Commission may require for purposes of the activities 
of the Commission under this section. 
(3) 
DURATION
OF
AVAILABILITY.—Amounts 
made available to the Commission under paragraph 
(2) shall remain available until expended. 
(o) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—In this section, the term ‘‘congressional intelligence 
committees’’ means— 
(1) the Select Committee on Intelligence of the 
Senate; and
760 
† HR 5515 PAP
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
SEC. 1635. PROGRAM TO ESTABLISH CYBER INSTITUTES AT 
INSTITUTIONS OF HIGHER LEARNING. 
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense may carry out a program to establish a Cyber Insti-
tute at institutions of higher learning selected under sub-
section (b) for purposes of accelerating and focusing the de-
velopment of foundational expertise in critical cyber oper-
ational skills for future military and civilian leaders of the 
Armed Forces and the Department of Defense, including 
such leaders of the reserve components. 
(b) SELECTED INSTITUTIONS
OF HIGHER LEARN-
ING.— 
(1) IN GENERAL.—The Secretary of Defense shall 
select institutions of higher learning for purposes of 
the program established under subsection (a) from 
among institutions of higher learning that have a Re-
serve Officers’ Training Corps program. 
(2) CONSIDERATION OF SENIOR MILITARY COL-
LEGES.—In selecting institutions of higher learning 
under paragraph (1), the Secretary shall consider the 
senior military colleges with Reserve Officers’ Train-
ing Corps programs.
761 
† HR 5515 PAP
(c) ELEMENTS.—Each institute established under the 
program authorized by subsection (a) shall include the fol-
lowing: 
(1) Programs to provide future military and ci-
vilian leaders of the Armed Forces or the Department 
of Defense who possess cyber operational expertise 
from beginning through advanced skill levels. Such 
programs shall include instruction and practical ex-
periences that lead to recognized certifications and de-
grees in the cyber field. 
(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 
theory and practice designed to complement and rein-
force cyber education along with the strategic lan-
guage programs critical to cyber operations. 
(4) Programs related to data science and courses 
in data science theory and practice designed to com-
plement and reinforce cyber education along with the
762 
† HR 5515 PAP
strategic language programs critical to cyber oper-
ations. 
(5) Programs designed to develop early interest 
and cyber talent through summer programs, dual en-
rollment opportunities for cyber, strategic language, 
data science, and cryptography related courses. 
(6) Training and education programs to expand 
the pool of qualified cyber instructors necessary to 
support cyber education in regional school systems. 
(d) PARTNERSHIPS WITH DEPARTMENT OF DEFENSE 
AND THE ARMED FORCES.—Any institute established under 
the program authorized by subsection (a) may enter into 
a partnership with one or more components of the Armed 
Forces, active or reserve, or any agency of the Department 
of Defense to facilitate the development of critical cyber 
skills for students who may pursue a military career. 
(e) PARTNERSHIPS.—Any institute established under 
the program authorized by subsection (a) may enter into 
a partnership with one or more local educational agencies 
to facilitate the development of critical cyber skills. 
(f) SENIOR MILITARY COLLEGES DEFINED.—The term 
‘‘senior military colleges’’ has the meaning given such term 
in section 2111a(f) of title 10, United States Code.
763 
† HR 5515 PAP
SEC. 1636. ESTABLISHMENT OF CYBERSECURITY FOR DE-
FENSE INDUSTRIAL BASE MANUFACTURING 
ACTIVITY. 
(a) ESTABLISHMENT.— 
(1) AUTHORITY.—The Secretary of Defense may, 
in consultation with the Director of the National In-
stitute of Standards and Technology, establish an ac-
tivity to assess and strengthen the cybersecurity resil-
iency of the defense industrial base of the United 
States. 
(2) DESIGNATION.—The activity that may be es-
tablished under paragraph (1) shall be known as the 
‘‘Cybersecurity for Defense Industrial Base Manufac-
turing Activity’’. 
(b) ACTIVITIES.—If the Secretary of Defense exercises 
the authority under subsection (a), the Secretary shall uti-
lize the activity to explore ways to increase the cybersecu-
rity resilience of the defense industrial supply chain. Such 
exploration may include the following: 
(1) Developing cybersecurity test capabilities to 
support 
identifying 
and 
reducing 
security 
vulnerabilities (as defined in section 102 of the Cyber-
security Information Sharing Act of 2015 (6 U.S.C. 
1501)) in defense industrial base manufacturing proc-
esses.
764 
† HR 5515 PAP
(2) Developing in-person and online training to 
help small defense industrial base manufacturers im-
prove their cybersecurity. 
(3) Ensuring that cybersecurity for defense in-
dustrial base manufacturing is included in Depart-
ment of Defense research and development roadmaps 
and threat assessments. 
(4) Aggregating, developing, and disseminating 
capabilities to address cybersecurity threats that can 
be provided to and adopted by defense industrial base 
manufacturers of all sizes. 
PART II—MITIGATION OF RISKS POSED BY PRO-
VIDERS 
OF 
INFORMATION 
TECHNOLOGY 
WITH OBLIGATIONS TO FOREIGN GOVERN-
MENTS 
SEC. 1637. DEFINITIONS. 
In this part: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS 
DEFINED.—The term ‘‘appropriate committees of 
Congress’’ means— 
(A) the Committee on Armed Services, the 
Select Committee on Intelligence, and the Com-
mittee on Homeland Security and Governmental 
Affairs of the Senate; and
765 
† HR 5515 PAP
(B) the Committee on Armed Services, the 
Permanent Select Committee on Intelligence, and 
the Committee on Homeland Security of the 
House of Representatives. 
(2) INFORMATION TECHNOLOGY.—The term ‘‘in-
formation technology’’ has the meaning given such 
term in section 11101 of title 40, United States Code. 
(3) NATIONAL
SECURITY
SYSTEM.—The term 
‘‘national security system’’ has the meaning given 
such term in section 3552(b) of title 44, United States 
Code. 
SEC. 1638. IDENTIFICATION OF COUNTRIES OF CONCERN 
REGARDING CYBERSECURITY. 
(a) IDENTIFICATION OF COUNTRIES OF CONCERN.— 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall create a prioritized 
list of countries of concern regarding cybersecurity based 
on information relating to the following: 
(1) A foreign government’s engagement in acts of 
violence against personnel of the United States or coa-
lition forces. 
(2) A foreign government’s willingness and 
record of providing financing, logistics, training or 
intelligence to other persons, countries or entities pos-
ing a force protection or cybersecurity risk to the per-
766 
† HR 5515 PAP
sonnel, financial systems, critical infrastructure, or 
information systems of the United States or coalition 
forces. 
(3) A foreign government’s engagement in for-
eign intelligence activities against the United States. 
(4) A foreign government’s direct or indirect 
participation in transnational organized crime or 
criminal activity. 
(5) A foreign government’s ability and intent to 
conduct operations to affect the supply chain of the 
United States Government. 
(b) REPORT TO CONGRESS.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
shall submit to the appropriate committees of Congress the 
list created pursuant to subsection (a) and any accom-
panying analysis that contributed to the creation of the list. 
SEC. 1639. MITIGATION OF RISKS TO NATIONAL SECURITY 
POSED 
BY 
PROVIDERS 
OF 
INFORMATION 
TECHNOLOGY 
PRODUCTS 
AND 
SERVICES 
WHO HAVE OBLIGATIONS TO FOREIGN GOV-
ERNMENTS. 
(a) DISCLOSURE REQUIRED.—The Department of De-
fense may not use a product, service, or system relating to 
information or operational technology, cybersecurity, an in-
dustrial control system, a weapons system, or computer
767 
† HR 5515 PAP
antivirus provided by a person unless that person discloses 
to the Secretary of Defense the following: 
(1) Whether the person has allowed a foreign 
government to review or access the code of a product, 
system, or service custom-developed for the Depart-
ment, or is under any obligation to allow a foreign 
person or government to review or access the code of 
a product, system, or service custom-developed for the 
Department as a condition of entering into an agree-
ment for sale or other transaction with a foreign gov-
ernment or with a foreign person on behalf of such a 
government. 
(2) Whether the person has allowed a foreign 
government listed in section 1638(a) to review or ac-
cess the source code of a product, system, or service 
that the Department is using or intends to use, or is 
under any obligation to allow a foreign person or gov-
ernment to review or access the source code of a prod-
uct, system, or service that the Department is using 
or intends to use as a condition of entering into an 
agreement for sale or other transaction with a foreign 
government or with a foreign person on behalf of such 
a government. 
(3) In a case in which the person is a United 
States person or an affiliate of a United States per-
768 
† HR 5515 PAP
son, whether or not the person holds or has sought a 
license pursuant to the Export Administration Regu-
lations under subchapter C of chapter VII of title 15, 
Code of Federal Regulations, the International Traffic 
in Arms Regulations under subchapter M of chapter 
I of title 22, Code of Federal Regulations, or successor 
regulations, for information technology products, com-
ponents, software, or services that contain code cus-
tom-developed for the product, system, or service the 
Department is using or intends to use. 
(b) POST PROCUREMENT.—Procurement contracts for 
covered products or systems shall include a clause requiring 
the information contained in subsection (a) be disclosed 
during the period of the contract if an entity becomes aware 
of information requiring disclosure as per that section, in-
cluding any mitigation measures taken or anticipated. 
(c) MITIGATION OF RISKS.— 
(1) IN GENERAL.—If, after reviewing a disclo-
sure made by a person under subsection (a), the Sec-
retary determines that the disclosure relating to a 
product, system, or service entails a risk to the na-
tional security infrastructure or data of the United 
States, or any national security system under the 
control of the Department, the Secretary shall take 
such measures as the Secretary considers appropriate
769 
† HR 5515 PAP
to mitigate such risks, including, as the Secretary 
considers appropriate, by conditioning any agreement 
for the use, procurement, or acquisition of the prod-
uct, system, or service on the inclusion of enforceable 
conditions or requirements that would mitigate such 
risks. 
(2) THIRD-PARTY
TESTING
STANDARD.—Not 
later than two years after the date of the enactment 
of this Act the Secretary shall develop such third- 
party testing standard as the Secretary considers ac-
ceptable for commercial off the shelf (COTS) products, 
systems, or services to use when dealing with foreign 
governments. 
(d) EXEMPTION OF DISCLOSURES FROM FREEDOM OF 
INFORMATION ACT.—A disclosure under subsection (a) shall 
not be subject to section 552 of title 5, United States Code 
(commonly referred to as the ‘‘Freedom of Information 
Act’’), or any other similar provision of Federal or State 
law requiring the disclosure of information to the public. 
SEC. 1640. ESTABLISHMENT OF REGISTRY OF DISCLO-
SURES. 
(a) ESTABLISHMENT OF REGISTRY.—Not later than 
one year after the date of the enactment of this Act, the 
Secretary of Defense shall—
770 
† HR 5515 PAP
(1) establish within the operational capabilities 
of the Committee for National Security Systems 
(CNSS) or within such other agency as the Secretary 
considers appropriate a registry containing the infor-
mation disclosed under section 1639; and 
(2) upon request, make such information avail-
able to any agency conducting a procurement pursu-
ant to the Federal Acquisition Regulations or the De-
fense Federal Acquisition Regulations. 
(b) EXEMPTION OF REGISTRY FROM FREEDOM OF IN-
FORMATION ACT.—The contents of the registry established 
under subsection (a)(1) shall not be subject to section 552 
of title 5, United States Code (commonly referred to as the 
‘‘Freedom of Information Act’’), or any other similar provi-
sion of Federal or State law requiring the disclosure of in-
formation to the public. 
(c) ANNUAL REPORTS.—Not later than one year after 
the date of the enactment of this Act and not less frequently 
than once each year thereafter, the Secretary of Defense 
shall submit to the appropriate committees of Congress a 
report detailing the number, scope, product classifications, 
and mitigation agreements related to each product, system, 
and service for which a disclosure is made under section 
1639(a).
771 
† HR 5515 PAP
Subtitle D—Nuclear Forces 
SEC. 1641. OVERSIGHT AND MANAGEMENT OF THE COM-
MAND, 
CONTROL, 
AND 
COMMUNICATIONS 
SYSTEM FOR THE NATIONAL LEADERSHIP OF 
THE UNITED STATES. 
(a) DESIGNATION OF RESPONSIBLE INDIVIDUAL.— 
(1) IN GENERAL.—The Secretary of Defense shall 
designate a single individual to be responsible for 
oversight and strategic portfolio management of the 
command, control, and communications system for 
the national leadership of the United States (as de-
fined in section 171a of title 10, United States Code), 
including— 
(A) nuclear command, control, and commu-
nications; 
(B) senior leadership communications sys-
tems; 
(C) integrated tactical warning and attack 
assessment systems, processes, and enablers; and 
(D) continuity of government functions for 
which the Department of Defense is responsible. 
(2) AUTHORITIES.—Subject to the authority and 
direction of the Secretary, the individual designated 
under paragraph (1) shall have the authority to di-
rect the Secretaries of the military departments and
772 
† HR 5515 PAP
officials in the Office of the Secretary of Defense with 
respect to matters described in paragraph (1), includ-
ing— 
(A) playing a significant and directive role 
in the decision processes for all annual and 
multi-year planning, programming, budgeting, 
and execution decisions, including the authority 
to realign the elements of the budgets and budget 
requests of the military departments that relate 
to the matters described in paragraph (1); 
(B) ensuring that the military departments 
comply with the standards of the Federal Gov-
ernment and the Department of Defense with re-
spect to matters described in paragraph (1); and 
(C) any other authorities that the Secretary 
of Defense considers necessary. 
(3) CHAIRPERSON OF COUNCIL ON OVERSIGHT 
OF THE NATIONAL LEADERSHIP COMMAND, CONTROL, 
AND COMMUNICATIONS SYSTEM.—The individual des-
ignated under paragraph (1) shall serve as the Chair-
person of the Council on Oversight of the National 
Leadership Command, Control, and Communications 
System established under section 171a of title 10, 
United States Code.
773 
† HR 5515 PAP
(4) STAFF.—The individual designated under 
paragraph (1) shall have sufficient dedicated full-time 
personnel to carry out the responsibilities of that in-
dividual under this subsection and as Chairperson of 
the Council on Oversight of the National Leadership 
Command, Control, and Communications System. 
(b) MODIFICATIONS TO COUNCIL ON OVERSIGHT OF 
THE NATIONAL LEADERSHIP COMMAND, CONTROL, AND 
COMMUNICATIONS SYSTEM.— 
(1) MEMBERSHIP.—Subsection (b) of section 
171a of title 10, United States Code, is amended— 
(A) in paragraph (2), by striking ‘‘, Tech-
nology, and Logistics’’ and inserting ‘‘and 
Sustainment’’; 
(B) 
by 
redesignating 
paragraphs 
(3) 
through (7) as paragraphs (4) through (8), re-
spectively; and 
(C) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) The Under Secretary of Defense for Re-
search and Engineering.’’. 
(2) CHAIRPERSON.—Subsection (c) of such sec-
tion is amended to read as follows: 
‘‘(c) CHAIRPERSON.—The Chairperson of the Council 
(in this section referred to as the ‘Chairperson’) shall be
774 
† HR 5515 PAP
the individual designated by the Secretary of Defense under 
section 1641(a) of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 as responsible for 
oversight and strategic portfolio management of the com-
mand, control, and communications system for the national 
leadership of the United States.’’. 
(3) RESPONSIBILITIES.—Subsection (d) of such 
section is amended— 
(A) in paragraph (1), by striking ‘‘over-
sight’’ and inserting ‘‘coordination’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘oversight’’ and in-
serting ‘‘coordination’’; 
(ii) in subparagraph (B), by striking 
‘‘mitigation’’ and inserting ‘‘recommenda-
tions for mitigation actions’’; 
(iii) by striking subparagraphs (C) 
and (D) and inserting the following new 
subparagraph (C): 
‘‘(C) Making recommendations to the Chair-
person with respect to resource prioritization.’’; 
and 
(iv) by redesignating subparagraph 
(E) as subparagraph (D).
775 
† HR 5515 PAP
(4) ANNUAL REPORTS.—Subsection (e) of such 
section is amended, in the matter preceding para-
graph (1), by striking ‘‘the Council shall’’ and insert-
ing ‘‘the Chairperson shall’’. 
(5) COLLECTION OF ASSESSMENTS ON CERTAIN 
THREATS.—Subsection (f) of such section is amended 
by striking ‘‘The Council shall’’ and inserting ‘‘The 
Chairperson shall, in consultation with the Council,’’. 
(6) BUDGET
AND
FUNDING
MATTERS.—Sub-
section (g) of such section is amended— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘the Chair-
man of the Joint Chiefs of Staff’’ and inserting 
‘‘the Chairperson’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘the Chairman of the 
Joint Chiefs of Staff’’ and inserting ‘‘the 
Chairperson’’; and 
(ii) by striking ‘‘the Chairman’’ each 
place it appears and inserting ‘‘the Chair-
person’’; and 
(C) in paragraph (3), by striking ‘‘the 
Council shall’’ and inserting ‘‘the Chairperson 
shall’’.
776 
† HR 5515 PAP
(7) REPORTS ON SPACE ARCHITECTURE DEVEL-
OPMENT.—Subsection (i)(1) of such section is amend-
ed by striking ‘‘the Under Secretary of Defense for Ac-
quisitions, Technology, and Logistics’’ and inserting 
‘‘the Chairperson’’. 
(8) NOTIFICATION OF REDUCTION OF CERTAIN 
WARNING TIME.—Subsection (j)(2) of such section is 
amended— 
(A) in the matter preceding subparagraph 
(A)— 
(i) in the first sentence, by striking 
‘‘the Council’’ and inserting ‘‘the Chair-
person, in consultation with the Council,’’; 
and 
(ii) in the second sentence, by striking 
‘‘the Council’’ and inserting ‘‘the Chair-
person’’; and 
(B) in subparagraph (C), by striking ‘‘the 
Council’’ and inserting ‘‘the Chairperson’’. 
(9) STATUS OF ACQUISITION PROGRAMS.—Sub-
section (k) of such section is amended— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘the co- 
chairs of the Council, acting through the senior
777 
† HR 5515 PAP
steering group of the Council,’’ and inserting 
‘‘the Chairperson’’; and 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by striking ‘‘the co- 
chairs of the Council’’ and inserting ‘‘the Chair-
person’’. 
SEC. 1642. MODIFICATION TO REQUIREMENT FOR CONVEN-
TIONAL LONG-RANGE STANDOFF WEAPON. 
(a) IN GENERAL.—Section 217(a) of the National De-
fense Authorization Act for Fiscal Year 2014 (Public Law 
113–66; 127 Stat. 706) is amended— 
(1) in paragraph (1)— 
(A) by striking subparagraph (A); and 
(B) by redesignating subparagraphs (B) 
and (C) as subparagraphs (A) and (B), respec-
tively; and 
(2) in paragraph (2)— 
(A) by striking ‘‘the Secretary may’’ and 
inserting the following: ‘‘the Secretary— 
‘‘(A) may’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(B) shall begin procurement and fielding 
of a follow-on air-launched cruise missile to the
778 
† HR 5515 PAP
AGM–86 for conventional missions not more 
than five years after the successful completion of 
initial operational test and evaluation for such 
a missile for nuclear missions.’’. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States to design and procure the long-range standoff 
weapon to provide a nuclear cruise missile capability to 
replace the AGM–86 as part of the modernization of the 
nuclear triad. 
SEC. 1643. EXCHANGE PROGRAM FOR NUCLEAR WEAPONS 
PROGRAM EMPLOYEES. 
(a) PROGRAM AUTHORIZED.—The Chairman of the 
Nuclear Weapons Council established under section 179 of 
title 10, United States Code, and the Administrator for Nu-
clear Security, shall jointly establish an exchange program 
under which— 
(1) the Chairman shall arrange for the tem-
porary assignment of civilian and military personnel 
working on nuclear weapons policy, production, and 
force structure issues in the Office of the Secretary of 
Defense, the Joint Staff, the Navy, or the Air Force 
to the Office of the Deputy Administrator for Defense 
Programs in the National Nuclear Security Adminis-
tration; and
779 
† HR 5515 PAP
(2) the Administrator shall arrange for the tem-
porary assignment of civilian personnel working on 
programs related to nuclear weapons in the Office of 
the Deputy Administrator for Defense Programs to 
the elements of the Department of Defense specified in 
paragraph (1). 
(b) PURPOSES.—The purposes of the exchange pro-
gram established under subsection (a) are— 
(1) to familiarize personnel from the Department 
of Defense and the National Nuclear Security Admin-
istration with the equities, priorities, processes, cul-
ture, and employees of the other agency; 
(2) for participants in the exchange program to 
return the expertise gained through their exchanges to 
their original agencies at the conclusion of their ex-
changes; and 
(3) to improve communication between and inte-
gration of the agencies that support the formation 
and oversight of nuclear weapons policy through last-
ing relationships across the chain of command. 
(c) PARTICIPANTS.— 
(1) NUMBER OF PARTICIPANTS.—The Chairman 
and the Administrator shall each select not fewer than 
5 and not more than 10 participants per year for 
participation in the exchange program established
780 
† HR 5515 PAP
under subsection (a). The Chairman and the Admin-
istrator may determine how many participants to se-
lect under this paragraph without regard to the num-
ber of participants selected from the other agency. 
(2) CRITERIA FOR SELECTION.— 
(A) IN GENERAL.—The Chairman and the 
Administrator shall select participants for the 
exchange program established under subsection 
(a) from among mid-career employees and based 
on— 
(i) the qualifications and desire to par-
ticipate in the program of the employee; 
and 
(ii) the technical needs and capacities 
of the Department of Defense and the Na-
tional Nuclear Security Administration, as 
applicable. 
(B) DEPARTMENT OF DEFENSE.—In select-
ing participants from the Department of Defense 
for the exchange program established under sub-
section (a), the Chairman shall ensure that there 
is a mix of military personnel and civilian em-
ployees of the Department. 
(d) TERMS.—Exchanges pursuant to the exchange pro-
gram established under subsection (a) shall be for terms of
781 
† HR 5515 PAP
one to two years, as determined and negotiated by the 
Chairman and the Administrator. Such terms may begin 
and end on a rolling basis. 
(e) GUIDANCE AND IMPLEMENTATION.— 
(1) GUIDANCE.—Not later than 90 days after the 
date of the enactment of this Act, the Chairman and 
the Administrator shall jointly develop and submit to 
the congressional defense committees interim guidance 
on the form and contours of the exchange program es-
tablished under subsection (a). 
(2) IMPLEMENTATION.—Not later than 180 days 
after the date of the enactment of this Act, the Chair-
man and the Administrator shall implement the guid-
ance developed under paragraph (1). 
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 sec-
tion 101 and available for Missile Procurement, Air Force, 
as specified in the funding table in division D, $9,841,000 
shall be available for the procurement of covered parts pur-
suant to contracts entered into under section 1645(a) of the 
Carl Levin and Howard P. ‘‘Buck’’ McKeon National De-
818 
† HR 5515 PAP
United States technological and industrial leadership 
in areas related to national security; 
(2) the potential national security-related effects 
of the cumulative market share of or a pattern of re-
cent transactions in any one type of infrastructure, 
energy asset, critical material, or critical technology 
by foreign persons; 
(3) whether any foreign person that would ac-
quire an interest in a United States business or its 
assets as a result of a transaction has a history of 
complying with United States laws and regulations; 
(4) the extent to which a transaction is likely to 
expose, either directly or indirectly, personally identi-
fiable information, genetic information, or other sen-
sitive data of United States citizens to access by a 
foreign government or foreign person that may exploit 
that information in a manner that threatens national 
security; and 
(5) whether a transaction is likely to have the ef-
fect of exacerbating or creating new cybersecurity 
vulnerabilities in the United States or is likely to re-
sult in a foreign government gaining a significant 
new capability to engage in malicious cyber-enabled 
activities against the United States, including such
1213 
† HR 5515 PAP
(c) PAYMENT OF COSTS OF RELEASE.— 
(1) PAYMENT REQUIRED.—The Secretary of the 
Navy shall require the University of California to 
cover costs to be incurred by the Secretary, or to re-
imburse the Secretary for such costs incurred by the 
Secretary, to carry out the release under subsection 
(a), including survey costs, costs for environmental 
documentation related to the release, and any other 
administrative costs related to the release. If amounts 
are collected from the University of California in ad-
vance of the Secretary incurring the actual costs, and 
the amount collected exceeds the costs actually in-
curred by the Secretary to carry out the release, the 
Secretary shall refund the excess amount to the Uni-
versity of California. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursement under paragraph 
(1) shall be credited to the fund or account that was 
used to cover the costs incurred by the Secretary in 
carrying out the release under subsection (a) or, if the 
period of availability of obligations for that appro-
priation has expired, to the appropriations of a fund 
that is currently available to the Secretary for the 
same purpose. Amounts so credited shall be merged 
with amounts in such fund or account and shall be