10 U.S.C. § 500c — Annual assessment of budget with respect

Page 509 TITLE 10—ARMED FORCES § 500c 2030, the Executive Committee shall submit to the congressional defense committees a sum- mary of activities of the Executive Committee during the preceding fiscal year. (Added Pub. L. 118–31, div. A, title XVI, § 1682(a), Dec. 22, 2023, 137 Stat. 611.) § 500a. Guidance on electromagnetic spectrum operations mission area and joint electro- magnetic spectrum operations The Secretary of Defense shall— (1) establish processes and procedures to de- velop, integrate, and enhance the electro- magnetic spectrum operations mission area and the conduct of joint electromagnetic spec- trum operations in all domains across the De- partment of Defense; and (2) ensure that such processes and proce- dures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the De- partment, including activities conducted to counter and deter such operations by malign actors. (Added Pub. L. 118–31, div. A, title XVI, § 1682(a), Dec. 22, 2023, 137 Stat. 613, § 501; renumbered § 500a, Pub. L. 118–159, div. A, title XVII, § 1701(a)(10), Dec. 23, 2024, 138 Stat. 2203.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 renumbered section 501 of this title, relating to guidance on electromagnetic spectrum operations mission area and joint electromagnetic spectrum operations, as this section. § 500b. Annual report on electromagnetic spec- trum operations strategy of the Department of Defense (a) IN GENERAL.—At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Sec- retary of Defense, in coordination with the Chief Information Officer of the Department of De- fense, the Chairman of the Joint Chiefs of Staff, and the Secretary of each of the military de- partments, shall submit to the congressional de- fense committees an annual report on the Elec- tromagnetic Spectrum Superiority Strategy of the Department of Defense. (b) CONTENTS OF REPORT.—Each report re- quired under subsection (a) shall include each of the following: (1) A description and overview of— (A) the electromagnetic spectrum strategy of the Department of Defense; (B) how such strategy supports the na- tional defense strategy under section 113(g) of this title; and (C) the organizational structure assigned to oversee the development of the Depart- ment’s electromagnetic spectrum strategy, requirements, capabilities, programs, and projects. (2) A list of all the electromagnetic spec- trum operations acquisition programs and re- search and development projects of the De- partment of Defense and a description of how each program or project supports the Depart- ment’s electromagnetic spectrum strategy. (3) For each unclassified program or project on the list required by paragraph (2)— (A) the senior acquisition executive and organization responsible for oversight of the program or project; (B) whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organi- zational authority that validated such re- quirements; (C) the total amount of funding appro- priated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; (D) the development or procurement schedule for the program or project; (E) an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the sub- mission of the report, and the original pro- gram baseline for such program or project, if such baselines are not the same; (F) the technology readiness level of each critical technology that is part of the pro- gram or project; (G) whether or not the program or project is redundant or overlaps with the efforts of another military department; and (H) the capability gap that the program or project is being developed or procured to ful- fill. (4) A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified pro- gram or project on the list required by para- graph (2). (Added Pub. L. 118–31, div. A, title XVI, § 1682(a), Dec. 22, 2023, 137 Stat. 614, § 502; renumbered § 500b, Pub. L. 118–159, div. A, title XVII, § 1701(a)(10), Dec. 23, 2024, 138 Stat. 2203.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 renumbered section 502 of this title, relating to annual reports on the electromagnetic spectrum operations strategy of the Department of De- fense, as this section. § 500c. Annual assessment of budget with respect to electromagnetic spectrum operations ca- pabilities At the same time as the President submits to Congress the budget of the President under sec- tion 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Electromagnetic Spectrum Operations Executive Committee as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following: (1) The development of an electromagnetic battle management capability for joint elec- tromagnetic spectrum operations. Page 510 TITLE 10—ARMED FORCES § 500d (2) The establishment and operation of asso- ciated joint electromagnetic spectrum oper- ations cells. (3) The development of a capability for mod- eling and simulating multi-domain joint elec- tromagnetic spectrum operations to— (A) assess the ability of the joint force to conduct such operations in support of the operational plans of the combatant com- mands; and (B) inform improvements to such oper- ations. (Added Pub. L. 118–31, div. A, title XVI, § 1682(a), Dec. 22, 2023, 137 Stat. 615, § 503; renumbered § 500c and amended Pub. L. 118–159, div. A, title XVI, § 1653, title XVII, § 1701(a)(10), Dec. 23, 2024, 138 Stat. 2201, 2203.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, § 1701(a)(10), renumbered section 503 of this title, relating to the annual assessment of the budget with respect to electromagnetic spectrum operations capabilities, as this section. Par. (3). Pub. L. 118–159, § 1653, added par. (3). § 500d. Electromagnetic spectrum superiority im- plementation plan (a) IN GENERAL.—The Chief Information Offi- cer of the Department of Defense shall be re- sponsible for oversight of the electromagnetic superiority implementation plan. (b) REPORT REQUIRED.—Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Infor- mation Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan: (1) The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan. (2) A statement of the elements of the imple- mentation plan that have been achieved. (3) For each element that has been achieved, an assessment of whether the element is hav- ing its intended effect. (4) For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress. (5) For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pur- suing achievement of the element. (6) Such additional matters as the Chief In- formation Officer considers appropriate. (c) ELECTROMAGNETIC SUPERIORITY IMPLEMEN- TATION PLAN DEFINED.—In this section, the term ‘‘electromagnetic superiority implementation plan’’ means the Electromagnetic Superiority Implementation Plan signed by the Secretary of Defense on July 15, 2021, and any successor plan. (Added Pub. L. 118–31, div. A, title XVI, § 1682(a), Dec. 22, 2023, 137 Stat. 615, § 504; renumbered § 500d, Pub. L. 118–159, div. A, title XVII, § 1701(a)(10), Dec. 23, 2024, 138 Stat. 2203.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–159 renumbered section 504 of this title, relating to an electromagnetic spectrum superi- ority implementation plan, as this section. § 500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (a) IN GENERAL.—Not later than 30 days after the date of the enactment of the National De- fense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electro- magnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the ‘‘operational lead’’) at the United States Strategic Command. The operational lead shall report to the Com- mander of the United States Strategic Com- mand. (b) FUNCTION.—The operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to con- duct joint electromagnetic spectrum operations. (c) BRIEFINGS REQUIRED.—Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall pro- vide to the congressional defense committees a briefing on the following: (1) Progress made in achieving full oper- ational capability to conduct joint electro- magnetic spectrum operations and any im- pediments to achieving such capability. (2) The readiness of the combatant com- mands to conduct such operations. (3) Recommendations for overcoming any de- ficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such defi- ciencies. (4) Such other matters as the Chairman con- siders important to ensuring that the combat- ant commands are capable of conducting such operations. (Added Pub. L. 118–31, div. A, title XVI, § 1682(a), Dec. 22, 2023, 137 Stat. 616, § 505; renumbered § 500e, Pub. L. 118–159, div. A, title XVII, § 1701(a)(10), Dec. 23, 2024, 138 Stat. 2203.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsec. (a), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023. AMENDMENTS 2024—Pub. L. 118–159 renumbered section 505 of this title, relating to establishment of an Electromagnetic Spectrum Enterprise Operational Lead for Joint Elec- tromagnetic Spectrum Operations, as this section. § 500f. Evaluations of abilities of armed forces and combatant commands to perform elec- tromagnetic spectrum operations missions (a) EVALUATIONS OF ARMED FORCES.—(1) Not later than October 1, 2024, and annually there-