Sec. 168. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICATIONS SYSTEMS LACKING CERTAIN RESILIENCY FEATURES

258 words·~1 min read·/statute-compilations/comps-15772/sec-168

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 168 LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICATIONS SYSTEMS LACKING CERTAIN RESILIENCY FEATURES ###

(a)In General Except as provided under subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended for the procurement of a current or future Department of Defense communications program of record, and the Department may not otherwise procure a current or future communications program of record, unless the communications equipment— ####

(1)mitigates geolocation of a transmission that would allow a like echelon enemy force to target the user; ####

(2)securely communicates classified information in a contested communications environment that includes operationally representative jamming; ####

(3)reduces, within two years of continued development and upgrades, electronic signature and susceptibility to geolocation by using low probability of intercept/detect (LPI/LPD) waveforms, or other capability that would provide the same resiliency on the battlefield; and ####

(4)utilizes a waveform that is either made available through the Department of Defense Waveform Information Repository, or is a commercial off the shelf

(COTS)waveform available for government licensing with waveform analysis through the Joint Tactical Networking Center

(JTNC)Tactical Communications Marketplace. ###

(b)Waiver The Secretary of a military department may waive the requirement under subsection

(a)with respect to a communications system upon certifying to the congressional defense committees that the system’s intended use is not for contested environments or will meet the requirement when operated as a component of an integrated network.