Sec. 224. GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE DEPARTMENT OF DEFENSE
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## SEC. 224 GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE DEPARTMENT OF DEFENSE **[**[10 U.S.C. 4571 note](/us/usc/t10/s4571)**]** ###
(a)Transition of 5G Wireless Networking to Operational Use ####
(1)Transition plan required The Under Secretary of Defense for Research and Engineering, in consultation with the cross functional team established under subsection (c), shall develop a plan to transition fifth-generation (commonly known as “5G”) wireless technology to operational use within the Department of Defense. ####
(2)Elements The transition plan under paragraph
(1)shall include the following: #####
(A)A timeline for the transition of responsibility for 5G wireless networking to the Chief Information Officer, as required under subsection (b)(1). #####
(B)A description of the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the acquisition, sustainment, and operation of 5G wireless networking for the Department, as determined by the Secretary of Defense in accordance with subsection (d). ####
(3)Interim briefing Not later than March 31, 2021 the Secretary of Defense shall provide to the congressional defense committees a briefing on the status of the plan required under paragraph (1). ####
(4)Final report Not later than September 30, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that includes the plan developed under paragraph (1). ###
(b)Senior Official for 5G Wireless Networking ####
(1)Designation of chief information officer Not later than October 1, 2023, the Secretary of Defense shall designate the Chief Information Officer as the senior official within Department of Defense with primary responsibility for— #####
(A)policy, oversight, guidance, research, and coordination on matters relating to 5G wireless networking; and #####
(B)making proposals to the Secretary on governance, management, and organizational policy for 5G wireless networking. ####
(2)Role of under secretary of defense for research and engineering The Under Secretary of Defense for Research and Engineering shall carry out the responsibilities specified in paragraph
(1)until the date on which the Secretary of Defense designates the Chief Information Officer as the senior official responsible for 5G wireless networking under such paragraph. ###
(c)Cross-functional Team for 5G Wireless Networking ####
(1)Establishment Using the authority provided under section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note), the Secretary of Defense shall establish a cross-functional team for 5G wireless networking. ####
(2)Duties The duties of the cross-functional team established under paragraph
(1)shall be— #####
(A)to assist the Secretary of Defense in determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the acquisition, sustainment, and operation of 5G wireless networking, as required under subsection (d); #####
(B)to assist the senior official responsible for 5G wireless networking in carrying out the responsibilities assigned to such official under subsection (b); #####
(C)to oversee the implementation of the strategy developed under section 254 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223a note) for harnessing 5G wireless networking technologies, coordinated across all relevant elements of the Department; #####
(D)to advance the adoption of commercially available, next-generation wireless communication technologies, capabilities, security, and applications by the Department and the defense industrial base; and #####
(E)to support public-private partnerships between the Department and industry on matters relating to 5G wireless networking; #####
(F)to coordinate research and development, implementation and acquisition activities, warfighting concept development, spectrum policy, industrial policy and commercial outreach and partnership relating to 5G wireless networking in the Department, and interagency and international engagement; #####
(G)to integrate the Department’s 5G wireless networking programs and policies with major initiatives, programs, and policies of the Department relating to secure microelectronics and command and control; and #####
(H)to oversee, coordinate, execute, and lead initiatives to advance 5G wireless network technologies and associated applications developed for the Department. ####
(3)Team leader The Under Secretary of Defense for Research and Engineering shall lead the cross-functional team established under paragraph
(1)until the date on which the Secretary of Defense designates the Chief Information Officer as the senior official responsible for 5G wireless networking as required under subsection (b)(1). Beginning on the date of such designation, the Chief Information Officer shall lead the cross functional team. ###
(d)Determination of Organizational Roles and Responsibilities The Secretary of Defense, acting through the cross-functional team established under subsection (c), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the acquisition, sustainment, and operation of 5G wireless networking for the Department, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense Agencies and Department of Defense Field Activities, the Armed Forces, combatant commands, and the Joint Staff. ###
(e)Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a briefing on the progress of the Secretary in— ####
(1)establishing the cross-functional team under subsection (c); and ####
(2)determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect to 5G wireless networking as required under subsection (d). ###
(f)5G Procurement Decisions Each Secretary of a military department shall be responsible for decisions relating to the procurement of 5G wireless technology for that department. ###
(g)Telecommunications Security Program ####
(1)Program required The Secretary of Defense shall carry out a program to identify and mitigate vulnerabilities in the 5G telecommunications infrastructure of the Department of Defense. ####
(2)Elements In carrying out the program under paragraph (1), the Secretary shall— #####
(A)develop a capability to communicate clearly and authoritatively about threats by foreign adversaries; #####
(B)conduct independent red-team security analysis of systems, subsystems, devices, and components of the Department of Defense including no-knowledge testing and testing with limited or full knowledge of expected functionalities; #####
(C)verify the integrity of personnel who are tasked with design fabrication, integration, configuration, storage, test, and documentation of noncommercial 5G technology to be used by the Department; #####
(D)verify the efficacy of the physical security measures used at Department locations where system design, fabrication, integration, configuration, storage, test, and documentation of 5G technology occurs; #####
(E)direct the Chief Information Officer to assess, using existing government evaluation models and schema where applicable, 5G core service providers whose services will be used by the Department through the Department’s provisional authorization process; and #####
(F)direct the Defense Information Systems Agency and the United States Cyber Command to develop a capability for continuous, independent monitoring of non-commercial, government-transiting packet streams for 5G data on frequencies assigned to the Department to validate the availability, confidentiality, and integrity of the Department’s communications systems. ####
(3)Implementation plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for the implementation of the program under paragraph (1). ####
(4)Report Not later than 270 days after submitting the plan under paragraph (3), the Secretary of Defense shall submit to Congress a report that includes— #####
(A)a comprehensive assessment of the findings and conclusions of the program under paragraph (1); #####
(B)recommendations on how to mitigate vulnerabilities in the telecommunications infrastructure of the Department of Defense; and #####
(C)an explanation of how the Department plans to implement such recommendations. ###
(h)Rule of Construction ####
(1)In general Nothing in this section shall be construed as providing the Chief Information Officer immediate responsibility for the activities of the Department of Defense in fifth-generation wireless networking experimentation and science and technology development. ####
(2)Purview of experimentation and science and technology development The activities described in paragraph
(1)shall remain within the purview of the Under Secretary of Defense for Research and Engineering, but shall inform and be informed by the activities of the cross-functional team established pursuant to subsection (c).
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Sec. 224
GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE DEPARTMENT OF DEFENSE
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