I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Electronic Warfare Ca5 pabilities Enhancement Act of 2016’’. 

6 SEC. 2. FIELDING OF ELECTROMAGNETIC SPECTRUM WAR7 FARE SYSTEMS AND ELECTRONIC WARFARE 

8 CAPABILITIES. 

9 Funds authorized to be appropriated for electro10 magnetic spectrum warfare systems and electronic warfare 

11 systems may be used for the development and fielding of 


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1 such systems. Funds authorized to be appropriated for 

2 sustainment of electromagnetic spectrum warfare systems 

3 and electronic warfare systems may be used for the mod4 ernization of such systems after the date on which the Sec5 retary notifies the congressional defense committees of 

6 such use. 

7 SEC. 3. INCLUSION OF ELECTRONIC WARFARE PROGRAMS 

8 IN THE RAPID ACQUISITION AUTHORITY PRO9 GRAM. 

10 (a) IN GENERAL.—Section 806(c)(1) of the Bob 

11 Stump National Defense Authorization Act for Fiscal 

12 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) 

13 is amended by adding at the end the following new sub14 paragraph: 

15 ‘‘(D)(i) In the case of any supplies and associ16 ated support services that, as determined in writing 

17 by the Secretary of Defense, are urgently needed to 

18 eliminate a deficiency in electronic warfare capabili19 ties that if left unfilled is likely to result in critical 

20 mission failure, the loss of life, property destruction, 

21 or economic effects, the Secretary may use the pro22 cedures developed under this section in order to ac23 complish the rapid acquisition and deployment of 

24 needed offensive or defensive electronic warfare ca25 pabilities, supplies, and associated support services. 


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1 ‘‘(ii) The Secretary of Defense shall ensure, to 

2 the extent practicable, that for the purposes of elec3 tronic warfare acquisition, the Department of De4 fense shall consider use of the following procedures: 

5 ‘‘(I) The rapid acquisition authority pro6 vided under this section. 

7 ‘‘(II) Use of other transactions authority 

8 provided under section 2371 of title 10, United 

9 States Code. 

10 ‘‘(III) The acquisition of commercial items 

11 using simplified acquisition procedures. 

12 ‘‘(IV) The authority for procurement for 

13 experimental purposes provided under section 

14 2373 of title 10, United States Code. 

15 ‘‘(iii) The Secretary may only delegate the au16 thority to make the determination under clause (i) 

17 to the Under Secretary of Defense for Acquisition, 

18 Technology, and Logistics. 

19 ‘‘(iv) In this subparagraph, the term ‘electronic 

20 warfare’ means military action involving the use of 

21 electromagnetic and directed energy to control the 

22 electromagnetic spectrum or to attack the enemy.’’. 

23 (b) CONFORMING AMENDMENTS.—Section 2373 of 

24 title 10, United States Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘and aero2 nautical supplies’’ and inserting ‘‘, aeronautical sup3 plies, electromagnetic spectrum warfare, and elec4 tronic warfare’’; and 

5 (2) by adding at the end of the following new 

6 subsection: 

7 ‘‘(c) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘electromagnetic spectrum war9 fare’ means electronic warfare that encompasses 

10 military communications and sensing operations that 

11 occur in the electromagnetic operational domain. 

12 ‘‘(2) The term ‘electronic warfare’ means mili13 tary action involving the use of electromagnetic and 

14 directed energy to control the electromagnetic spec15 trum or to attack the enemy.’’. 

16 SEC. 4. AUTHORITY TO WAIVE THE JOINT REQUIREMENTS 

17 OVERSIGHT COUNCIL FOR CERTAIN ELEC18 TRONIC WARFARE PROGRAMS. 

19 (a) ALTERNATE REVIEW.—The Secretary of Defense 

20 shall delegate to the Vice Chairman of the Joint Chiefs 

21 of Staff the authority to review and validate all Joint Ca22 pabilities Integration and Development System documents 

23 for electronic warfare acquisition programs notwith24 standing section 181 of title 10, United States Code. 


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1 (b) JROC APPEAL.—The Joint Requirements Over2 sight Council may appeal to the Office of the Secretary 

3 of Defense to review any program through the normal 

4 Joint Capabilities Integration and Development System 

5 process. 

6 SEC. 5. ELECTRONIC WARFARE EXECUTIVE COMMITTEE 

7 REPORTS TO CONGRESS. 

8 Not later than 270 days after the date of the enact9 ment of this Act, the Electronic Warfare Executive Com10 mittee shall submit to the congressional defense commit11 tees a strategic plan with measurable and timely objectives 

12 to achieve the mission of the Electronic Warfare Executive 

13 Committee. Such plan shall include the following: 

14 (1) Progress on increasing innovative electro15 magnetic spectrum warfighting methods and oper16 ational concepts that provide advantages within the 

17 electromagnetic spectrum operational domain. 

18 (2) Progress in streamlining the requirements, 

19 acquisition, and budget process to further a rapid 

20 electronic warfare acquisition process. 

21 (3) Specific attributes needed in future elec22 tronic warfare capabilities, such as networking, 

23 adaptability, agility, multifunctionality, and minia24 turization, and progress toward incorporating such 

25 attributes in new electronic warfare systems. 


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1 (4) The training methods and requirements of 

2 the military services for training in contested and 

3 congested electronic warfare environments. 

4 (5) Capability gaps with respect to asymmetric 

5 and near-peer adversaries identified pursuant to a 

6 capability gap assessment. 

7 (6) A joint strategy on achieving near real-time 

8 system adaption to rapidly advancing modern digital 

9 electronics. 

10 (7) Criteria for Joint Requirements Oversight 

11 Council waivers and an outline of an expedited proc12 ess for waived electronic warfare programs. 

13 SEC. 6. DEFINITIONS. 

14 In this section: 

15 (1) The term ‘‘congressional defense commit16 tees’’ means— 

17 (A) the Committee on Armed Services and 

18 the Committee on Appropriations of the Senate; 

19 and 

20 (B) the Committee on Armed Services and 

21 the Committee on Appropriations of the House 

22 of Representatives. 

23 (2) The term ‘‘electromagnetic spectrum war24 fare’’ means electronic warfare that encompasses 


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1 military communications and sensing operations that 

2 occur in the electromagnetic operational domain. 

3 (3) The term ‘‘electronic warfare’’ means mili4 tary action involving the use of electromagnetic and 

5 directed energy to control the electromagnetic spec6 trum or to attack the enemy. 

Æ 


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