Sec. 902. Realignment of responsibilities, duties, and powers of Chief Information Officer of the Department of Defense

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Effective on January 1, 2019, the responsibilities, duties, and powers vested in the Chief Information Officer of the Department of Defense as of December 31, 2018, are realigned as follows: There is vested in the Chief Information Warfare Officer of the Department of Defense the responsibilities, duties, and powers provided for by section 142 of title 10, United States Code (as amended by subsection (b)). There is vested in the Chief Management Officer of the Department of Defense any responsibilities, duties, and powers vested in the Chief Information Officer of the Department of Defense as of December 31, 2018, that are not vested in the Chief Information Warfare Officer by paragraph

(1)and such section 142. Section 142 of title 10, United States Code, is amended to read as follows: There is a Chief Information Warfare Officer of the Department of Defense, who shall be appointed from among civilians who are qualified to serve as the Chief Information Warfare Officer by the President, by and with the advice and consent of the Senate. The Chief Information Warfare Officer shall report directly to the Secretary of Defense in the performance of duties under this section. Subject to the authority, direction, and control of the Secretary of Defense, the Chief Information Warfare Officer is responsible for all matters relating to the information environment of the Department of Defense and has the authority to establish policy for, and direct the Secretaries of the military departments and the heads of all other elements of the Department relating to, the matters as follow: Space and space launch systems. Communications networks and information technology (other than business systems). National security systems. Information assurance and cybersecurity. Electronic warfare and cyber warfare. Nuclear command and control and senior leadership communications systems. Command and control systems and networks. The electromagnetic spectrum. Positioning, navigation, and timing. Any other matters assigned to the Chief Information Officer of the Department of Defense, not relating to business systems or management, in sections 2223 and 2224 of this title, sections 11315 and 11319 of title 40, and sections 3506 and 3544 of title 44. In addition to the responsibilities in paragraph (1), the responsibilities of the Chief Information Warfare Officer include— exercising authority, direction, and control over the missions, programs, and organizational elements pertaining to information assurance (formally Information Assurance Directorate) of the National Security Agency; exercising authority, direction, and control over the Defense Information Systems Agency, or any successor organization, for the matters described in paragraph (1); and responsibilities for policy, oversight, guidance, and coordination for all Department matters relating to the electromagnetic spectrum, including— coordination with other Federal agencies and the private sector; coordination for classified programs; and in coordination with the Under Secretary for Personnel and Health, the spectrum management workforce. Notwithstanding the exemptions for the Department of Defense in section 11319 of title 40, the authority of the Chief Information Warfare Officer to direct the secretaries of the military departments for information warfare matters as provided in paragraph

(1)shall include— 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 pertain to the responsibilities of the Chief Information Warfare Officer; reviewing and approving any funding request or reprogramming request; ensuring that the military departments comply with Government and Department standards on a matter described in paragraph

(1)or (2); reviewing and approving the appointment of any other employee who functions in the capacity of a Chief Information Officer or a Chief Information Warfare Officer for any component within the Department, except for the Chief Management Officer of the Department of Defense; and participating in all meetings, management, and decision-making forums on issues pertaining to any matter described in paragraph

(1)or (2). The Chief Information Warfare Officer shall oversee and may require that programs of the military departments comply with such direction and standards as the Chief Information Warfare Officer may establish relating to a matter described in paragraph

(1)or (2). The Chief Information Warfare Officer shall perform such additional duties and exercise such additional powers as the Secretary may prescribe. The Chief Information Warfare Officer— is the Chief Information Officer of the Department of Defense for purposes of 3554(a)(3) of title 44 and section 2224 of this title; and in coordination with the Chief Management Officer of the Department of Defense, is the Chief Information Officer of the Department of Defense for purposes of section 11315 of title 40 and section 2223 of this title. In addition to any other duties under this section, the Chief Information Warfare Officer shall serve as Principal Cyber Advisor under section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( 10 U.S.C. 2224 note). In addition to any other duties under this section, the Chief Information Warfare Officer shall perform the duties of the Principal Department of Defense Space Advisor in accordance with Department of Defense Directive 5100.96 and any succeeding directive. The Secretary of Defense shall establish collaboration mechanisms between the Chief Information Warfare Officer and the Under Secretary of Defense for Intelligence, the Under Secretary of Defense for Policy, the Chairman of the Joint Chiefs of Staff, and the Assistant Secretary of Defense for Public Affairs for purposes of developing and overseeing the execution of offensive and defensive information warfare strategies, plans, programs, and operations. The strategies, plans, programs and operations shall appropriately integrate cyber, electronic, and electromagnetic spectrum warfare, military deception, military information support operations, and public affairs to conduct, counter, and deter information warfare. The Chief Information Warfare Officer shall take precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(2) of this title. The officials serving in positions specified in such section and the Chief Information Warfare Officer take precedence among themselves in the order prescribed by the Secretary. . The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 142 and inserting the following new item: 142. Chief Information Warfare Officer. . Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Secretary of Defense the following new item: Chief Information Warfare Officer of the Department of Defense. . Any reference to the Chief Information Officer of the Department of Defense in any law, regulation, map, document, record, or other paper of the United States in that official's capacity as the official responsible for the information security and information dominance of the Department of Defense shall be deemed to be a reference to Chief Information Warfare Officer of the Department of Defense. Paragraph

(1)of section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 829; 10 U.S.C. 2224 note) is amended to read as follows: The Chief Information Warfare Officer of the Department of Defense under section 142 of title 10, United States Code, shall serve as the Principal Cyber Advisor to act as the principal advisor to the Secretary on military cyber forces and activities. . A military department may not develop or procure a network that does not fully comply with such standards as the Chief Information Warfare Officer under section 142 of title 10, United States Code (as amended by paragraph (1)), may establish relating to a matter described in subsection

(b)of such section. Not later than March 1, 2018, the Secretary of Defense shall submit to the congressional defense committees a proposal for such alternatives or modifications to the realignment of responsibilities required by section 142 of title 10, United States Code (as so amended), as the Secretary considers appropriate, together with an implementation plan for such proposal. The proposal may not be carried out unless approved by statute. Not later than January 30, 2018, and every 90 days thereafter through January 1, 2019, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the Chief Information Warfare Officer of the Department of Defense under section 142 of title 10, United States Code (as so amended), during the preceding 90 days. Except as provided in subparagraph (B), this subsection and the amendments made by this subsection shall take effect on January 1, 2019. Paragraphs

(7)and

(8)of this subsection shall take effect on the date of the enactment of this Act.

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