Sec. 907. DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION OF ELECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY
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## SEC. 907 DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION OF ELECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY ###
(a)Requirements Section 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 113 note) is amended by adding at the end the following new subsection: > > ### “(f) Electromagnetic Spectrum Superiority Strategy > > > #### “(1) Designation > > > ##### “(A) Requirement > > Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate. > > > ##### “(B) Conditions relating to designation of chief information officer > > > ###### “(i) Certification > > The Secretary may not designate the Chief Information Officer of the Department of Defense as the senior official under subparagraph
(A)unless the Secretary has first included in the report under paragraph (3)(A) a certification that the Chief Information Officer has the expertise, authority, funding, and personnel to ensure the successful implementation of the electromagnetic spectrum superiority strategy. > > > ###### “(ii) CAPE assessment > > If the Secretary designates the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A), not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees an evaluation of the ability of the Chief Information Officer to ensure the successful implementation of the electromagnetic spectrum superiority strategy, including, at a minimum, an evaluation of the expertise, authority, funding, and personnel of the Chief Information Officer. > > > #### “(2) Responsibilities > > The senior official designated under paragraph (1)(A) shall be responsible for the following: > > > ##### “(A) > > Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy. > > > ##### “(B) > > Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned. > > > ##### “(C) > > Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts. > > > ##### “(D) > > Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this paragraph. > > > #### “(3) Reports > > > ##### “(A) Implementation report > > Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report on the implementation of the Electromagnetic Spectrum Superiority Strategy published in October 2020, including— > > > ###### “(i) > > an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official designated under paragraph (1)(A) who is responsible for implementing the electromagnetic spectrum superiority strategy; and > > > ###### “(ii) > > a description of how the Secretary will ensure that such implementation will be successful. > > > ##### “(B) Rules of engagement report > > Not later than 270 days after the date of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report that includes the following: > > > ###### “(i) > > A review of the sufficiency of the authorities and rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict short of or in advance of kinetic activity and to protect the Department from electronic attack and disruption. > > > ###### “(ii) > > Recommended changes to the authorities or rules of engagement to ensure the Department can effectively compete, deter conflict, and maintain protection from electronic attack and disruption. > > > ###### “(iii) > > Any other matters the Secretary determines relevant. > > > #### “(4) Semiannual briefings > > On a semiannual basis during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the electromagnetic spectrum superiority strategy. Each briefing shall include, at a minimum, the following: > > > ##### “(A) > > An update on the efforts of the Department of Defense to— > > > ###### “(i) > > achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and > > > ###### “(ii) > > implement such strategy through various elements of the Department. > > > ##### “(B) > > An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy. > > > #### “(5) Electromagnetic spectrum superiority strategy defined > > In this subsection, the term ‘electromagnetic spectrum superiority strategy’ means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.” > . ###
(b)Clarification of Cross-functional Team Plans Subsection (d)(2) of such section is amended by striking “biennially thereafter” and inserting “biennially thereafter during the life of the cross-functional team established pursuant to subsection (c)”. ###
(c)Transfer of Certain Provision **[**[10 U.S.C. 113 note](/us/usc/t10/s113)**]** Section 152 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is— ####
(1)amended— #####
(A)in subsection (a), by striking “two years after the date of the enactment of this Act and in accordance with the plan developed pursuant to subsection (b)” and inserting “January 1, 2023, and in accordance with the plan developed pursuant to paragraph (2)”; #####
(B)by striking “paragraph (1)” each place it appears and inserting “subparagraph (A)”; #####
(C)by striking “subsection (a)” each place it appears and inserting “paragraph (1)”; #####
(D)in subsection (b)(2)(D), by striking “subsections
(c)and (d)” and inserting “paragraphs
(3)and (4)”; and #####
(E)in subsection (e), by striking “this section” and inserting “this subsection”; ####
(2)transferred to such section 1053, redesignated as subsection
(g)(including by redesignating its subsections as paragraphs, paragraphs as subparagraphs, and clauses as subclauses, respectively, and indenting such provisions accordingly) and added so as to appear after subsection (f), as added by subsection
(a)of this section.
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Sec. 907
DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION OF ELECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY
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