such systems. Funds authorized to be appropriated for 
sustainment of electromagnetic spectrum warfare systems 
and electronic warfare systems may be used for the mod-
ernization of such systems after the date on which the Sec-
retary notifies the congressional defense committees of 
such use. 
SEC. 3. INCLUSION OF ELECTRONIC WARFARE PROGRAMS 
IN THE RAPID ACQUISITION AUTHORITY PRO-
GRAM. 
(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 sub-
paragraph: 
‘‘(D)(i) In the case of any supplies and associ-
ated support services that, as determined in writing 
by the Secretary of Defense, are urgently needed to 
eliminate a deficiency in electronic warfare capabili-
ties 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 pro-
cedures developed under this section in order to ac-
complish the rapid acquisition and deployment of 
needed offensive or defensive electronic warfare ca-
pabilities, supplies, and associated support services. 
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‘‘(ii) The Secretary of Defense shall ensure, to 
the extent practicable, that for the purposes of elec-
tronic warfare acquisition, the Department of De-
fense shall consider use of the following procedures: 
‘‘(I) The rapid acquisition authority pro-
vided 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 au-
thority 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— 
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(1) in subsection (a), by striking ‘‘and aero-
nautical supplies’’ and inserting ‘‘, aeronautical sup-
plies, electromagnetic spectrum warfare, and elec-
tronic warfare’’; and 
(2) by adding at the end of the following new 
subsection: 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘electromagnetic spectrum war-
fare’ means electronic warfare that encompasses 
military communications and sensing operations that 
occur in the electromagnetic operational domain. 
‘‘(2) The term ‘electronic warfare’ means mili-
tary action involving the use of electromagnetic and 
directed energy to control the electromagnetic spec-
trum or to attack the enemy.’’. 
SEC. 4. AUTHORITY TO WAIVE THE JOINT REQUIREMENTS 
OVERSIGHT COUNCIL FOR CERTAIN ELEC-
TRONIC 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 Ca-
pabilities Integration and Development System documents 
for electronic warfare acquisition programs notwith-
standing section 181 of title 10, United States Code. 
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(b) JROC APPEAL.—The Joint Requirements Over-
sight 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 enact-
ment of this Act, the Electronic Warfare Executive Com-
mittee shall submit to the congressional defense commit-
tees 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 electro-
magnetic spectrum warfighting methods and oper-
ational 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 elec-
tronic warfare capabilities, such as networking, 
adaptability, agility, multifunctionality, and minia-
turization, and progress toward incorporating such 
attributes in new electronic warfare systems. 
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(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 proc-
ess for waived electronic warfare programs. 
SEC. 6. DEFINITIONS. 
In this section: 
(1) The term ‘‘congressional defense commit-
tees’’ 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 war-
fare’’ means electronic warfare that encompasses 
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