Electronic Warfare Capabilities Enhancement Act of 2016

Summary: Electronic Warfare Capabilities Enhancement Act of 2016 This bill permits the use of appropriations authorized for electromagnetic spectrum warfare systems and electronic warfare in order to develop and field electromagnetic spectrum warfare systems and electronic warfare capabilities.  The Bob Stump National Defense Authorization Act for Fiscal Year 2003 is amended to include electronic warfare programs in the rapid acquisition authority program. Electronic warfare is military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy, and includes electromagnetic spectrum warfare, which encompasses military communications and sensing operations that occur in the electromagnetic operational domain. The Department of Defense shall delegate to the senior electronic warfare executive the authority to review and validate all Joint Capabilities Integration and Development System documents for electronic warfare acquisition programs. The Electronic Warfare Executive Committee shall submit to the congressional defense committees a strategic plan with measurable and timely objectives to achieve its mission according to specified metrics.

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 may be used for the development 
and fielding of electromagnetic spectrum warfare systems and electronic 
warfare capabilities.

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 without delegation, are urgently needed to eliminate a 
        deficiency in electronic warfare 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) 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, and includes electromagnetic spectrum 
        warfare, which encompasses military communications and sensing 
        operations that occur in the electromagnetic operational 
        domain.''.
    (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, and 
        electronic warfare''; and
            (2) by adding at the end of the following new subsection:
    ``(c) Electronic Warfare Defined.--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, 
and includes electromagnetic spectrum warfare, which encompasses 
military communications and sensing operations that occur in the 
electromagnetic operational domain.''.

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

    (a) Alternate Review.--The Secretary of Defense shall delegate to 
the Office of the Secretary of Defense's senior electronic warfare 
executive 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.

    (a) In General.--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 its mission according to 
the following metrics:
            (1) Progress on intra-service ground and air 
        interoperabilities.
            (2) Progress in streamlining the requirements, acquisition, 
        and budget process to further a rapid electronic warfare 
        acquisition process.
            (3) The efficiency and effectiveness of the acquisition 
        process for priority electronic warfare items.
            (4) The training methods and requirements of the military 
        services for training in contested electronic warfare 
        environments.
            (5) Capability gaps with respect to 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) Progress on increasing innovative electromagnetic 
        spectrum warfighting methods and operational concepts that 
        provide advantages within the electromagnetic spectrum 
        operational domain.
    (b) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Appropriations of the House of Representatives.