[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4851 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4851

  To enhance electronic warfare capabilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2016

Mrs. Walorski (for herself and Mr. Larsen of Washington) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To enhance electronic warfare capabilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Warfare Capabilities 
Enhancement Act of 2016''.

SEC. 2. FIELDING OF ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND 
              ELECTRONIC WARFARE CAPABILITIES.

    Funds authorized to be appropriated for electromagnetic spectrum 
warfare systems and electronic warfare systems may be used for the 
development and fielding of such systems. Funds authorized to be 
appropriated for sustainment of electromagnetic spectrum warfare 
systems and electronic warfare systems may be used for the 
modernization of such systems after the date on which the Secretary 
notifies the congressional defense committees of such use.

SEC. 3. INCLUSION OF ELECTRONIC WARFARE PROGRAMS IN THE RAPID 
              ACQUISITION AUTHORITY PROGRAM.

    (a) In General.--Section 806(c)(1) of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 
U.S.C. 2302 note) is amended by adding at the end the following new 
subparagraph:
            ``(D)(i) In the case of any supplies and associated support 
        services that, as determined in writing by the Secretary of 
        Defense, are urgently needed to eliminate a deficiency in 
        electronic warfare capabilities that if left unfilled is likely 
        to result in critical mission failure, the loss of life, 
        property destruction, or economic effects, the Secretary may 
        use the procedures developed under this section in order to 
        accomplish the rapid acquisition and deployment of needed 
        offensive or defensive electronic warfare capabilities, 
        supplies, and associated support services.
            ``(ii) The Secretary of Defense shall ensure, to the extent 
        practicable, that for the purposes of electronic warfare 
        acquisition, the Department of Defense shall consider use of 
        the following procedures:
                    ``(I) The rapid acquisition authority provided 
                under this section.
                    ``(II) Use of other transactions authority provided 
                under section 2371 of title 10, United States Code.
                    ``(III) The acquisition of commercial items using 
                simplified acquisition procedures.
                    ``(IV) The authority for procurement for 
                experimental purposes provided under section 2373 of 
                title 10, United States Code.
            ``(iii) The Secretary may only delegate the authority to 
        make the determination under clause (i) to the Under Secretary 
        of Defense for Acquisition, Technology, and Logistics.
            ``(iv) In this subparagraph, the term `electronic warfare' 
        means military action involving the use of electromagnetic and 
        directed energy to control the electromagnetic spectrum or to 
        attack the enemy.''.
    (b) Conforming Amendments.--Section 2373 of title 10, United States 
Code, is amended--
            (1) in subsection (a), by striking ``and aeronautical 
        supplies'' and inserting ``, aeronautical supplies, 
        electromagnetic spectrum warfare, and electronic warfare''; and
            (2) by adding at the end of the following new subsection:
    ``(c) Definitions.--In this section:
            ``(1) The term `electromagnetic spectrum warfare' means 
        electronic warfare that encompasses military communications and 
        sensing operations that occur in the electromagnetic 
        operational domain.
            ``(2) The term `electronic warfare' means military action 
        involving the use of electromagnetic and directed energy to 
        control the electromagnetic spectrum or to attack the enemy.''.

SEC. 4. AUTHORITY TO WAIVE THE JOINT REQUIREMENTS OVERSIGHT COUNCIL FOR 
              CERTAIN ELECTRONIC WARFARE PROGRAMS.

    (a) Alternate Review.--The Secretary of Defense shall delegate to 
the Vice Chairman of the Joint Chiefs of Staff the authority to review 
and validate all Joint Capabilities Integration and Development System 
documents for electronic warfare acquisition programs notwithstanding 
section 181 of title 10, United States Code.
    (b) JROC Appeal.--The Joint Requirements Oversight Council may 
appeal to the Office of the Secretary of Defense to review any program 
through the normal Joint Capabilities Integration and Development 
System process.

SEC. 5. ELECTRONIC WARFARE EXECUTIVE COMMITTEE REPORTS TO CONGRESS.

    Not later than 270 days after the date of the enactment of this 
Act, the Electronic Warfare Executive Committee shall submit to the 
congressional defense committees a strategic plan with measurable and 
timely objectives to achieve the mission of the Electronic Warfare 
Executive Committee. Such plan shall include the following:
            (1) Progress on increasing innovative electromagnetic 
        spectrum warfighting methods and operational concepts that 
        provide advantages within the electromagnetic spectrum 
        operational domain.
            (2) Progress in streamlining the requirements, acquisition, 
        and budget process to further a rapid electronic warfare 
        acquisition process.
            (3) Specific attributes needed in future electronic warfare 
        capabilities, such as networking, adaptability, agility, 
        multifunctionality, and miniaturization, and progress toward 
        incorporating such attributes in new electronic warfare 
        systems.
            (4) The training methods and requirements of the military 
        services for training in contested and congested electronic 
        warfare environments.
            (5) Capability gaps with respect to asymmetric and near-
        peer adversaries identified pursuant to a capability gap 
        assessment.
            (6) A joint strategy on achieving near real-time system 
        adaption to rapidly advancing modern digital electronics.
            (7) Criteria for Joint Requirements Oversight Council 
        waivers and an outline of an expedited process for waived 
        electronic warfare programs.

SEC. 6. DEFINITIONS.

    In this section:
            (1) The term ``congressional defense committees'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) The term ``electromagnetic spectrum warfare'' means 
        electronic warfare that encompasses military communications and 
        sensing operations that occur in the electromagnetic 
        operational domain.
            (3) The term ``electronic warfare'' means military action 
        involving the use of electromagnetic and directed energy to 
        control the electromagnetic spectrum or to attack the enemy.
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