413 1 later than January 15 2018 the Secretary of Defense shall 2 submit to the congressional defense committees a report 3 specifying each Defense Agency and Department of Defense 4 Field Activity providing shared business services for the De5 partment of Defense that is to be designated by the Sec6 retary for purposes of subsection b 3 of section 132a of 7 title 10 United States Code as so amended as of the com8 ing into effect of such section 132a 9 10 g NOTICE SIGHT OF TO CONGRESS DEFENSE AGENCIES ON TRANSFER AND OF OVER- FIELD ACTIVITIES 11 WITH BUSINESS-SUPPORT FUNCTIONS TO CMO --Upon the 12 transfer of responsibility for oversight of a Defense Agency 13 or Department of Defense Field Activity specified in sub14 section c of section 132a of title 10 United States Code 15 as so amended to the Chief Management Officer of the 16 Department of Defense the Secretary of Defense shall sub17 mit to the congressional defense committees a notice on the 18 transfer including the Defense Agency or Field Activity 19 subject to the transfer and a description of the nature and 20 scope of the responsibility for oversight transferred 21 SEC 902 REALIGNMENT OF RESPONSIBILITIES DUTIES 22 AND POWERS OF CHIEF INFORMATION OFFI- 23 CER OF THE DEPARTMENT OF DEFENSE 24 a IN GENERAL --Effective on January 1 2019 the 25 responsibilities duties and powers vested in the Chief In- HR 2810 PAP 414 1 formation Officer of the Department of Defense as of Decem2 ber 31 2018 are realigned as follows 3 1 There is vested in the Chief Information 4 Warfare Officer of the Department of Defense the re- 5 sponsibilities duties and powers provided for by sec- 6 tion 142 of title 10 United States Code as amended 7 by subsection b 8 2 There is vested in the Chief Management Of- 9 ficer of the Department of Defense any responsibil- 10 ities duties and powers vested in the Chief Informa- 11 tion Officer of the Department of Defense as of De- 12 cember 31 2018 that are not vested in the Chief In- 13 formation Warfare Officer by paragraph 1 and such 14 section 142 15 b CHIEF INFORMATION WARFARE OFFICER -- 16 17 1 IN GENERAL --Section 142 of title 10 United States Code is amended to read as follows 18 '' 142 Chief Information Warfare Officer 19 '' a IN GENERAL -- 1 There is a Chief Information 20 Warfare Officer of the Department of Defense who shall be 21 appointed from among civilians who are qualified to serve 22 as the Chief Information Warfare Officer by the President 23 by and with the advice and consent of the Senate HR 2810 PAP 415 1 '' 2 The Chief Information Warfare Officer shall re- 2 port directly to the Secretary of Defense in the performance 3 of duties under this section 4 '' b RESPONSIBILITY AND AUTHORITY -- 1 Subject 5 to the authority direction and control of the Secretary of 6 Defense the Chief Information Warfare Officer is respon7 sible for all matters relating to the information environment 8 of the Department of Defense and has the authority to estab9 lish policy for and direct the Secretaries of the military 10 departments and the heads of all other elements of the De11 partment relating to the matters as follow 12 '' A Space and space launch systems 13 '' B Communications networks and information 14 technology other than business systems 15 '' C National security systems 16 '' D Information assurance and cybersecurity 17 '' E Electronic warfare and cyber warfare 18 '' F Nuclear command and control and senior 19 20 21 leadership communications systems '' G Command and control systems and networks 22 '' H The electromagnetic spectrum 23 '' I Positioning navigation and timing 24 '' J Any other matters assigned to the Chief In- 25 formation Officer of the Department of Defense not HR 2810 PAP 416 1 relating to business systems or management in sec- 2 tions 2223 and 2224 of this title sections 11315 and 3 11319 of title 40 and sections 3506 and 3544 of title 4 44 5 '' 2 In addition to the responsibilities in paragraph 6 1 the responsibilities of the Chief Information Warfare 7 Officer include-- 8 '' A exercising authority direction and control 9 over the missions programs and organizational ele- 10 ments pertaining to information assurance formally 11 Information Assurance Directorate of the National 12 Security Agency 13 '' B exercising authority direction and control 14 over the Defense Information Systems Agency or any 15 successor organization for the matters described in 16 paragraph 1 and 17 '' C responsibilities for policy oversight guid- 18 ance and coordination for all Department matters re- 19 lating to the electromagnetic spectrum including-- 20 21 '' i coordination with other Federal agencies and the private sector 22 23 '' ii coordination for classified programs and HR 2810 PAP 417 1 '' iii in coordination with the Under Sec- 2 retary for Personnel and Health the spectrum 3 management workforce 4 '' 3 Notwithstanding the exemptions for the Depart- 5 ment of Defense in section 11319 of title 40 the authority 6 of the Chief Information Warfare Officer to direct the secre7 taries of the military departments for information warfare 8 matters as provided in paragraph 1 shall include-- 9 '' A playing a significant and directive role in 10 the decision processes for all annual and multi-year 11 planning programming budgeting and execution de- 12 cisions including the authority to realign the ele- 13 ments of the budgets and budget requests of the mili- 14 tary departments that pertain to the responsibilities 15 of the Chief Information Warfare Officer 16 17 '' B reviewing and approving any funding request or reprogramming request 18 '' C ensuring that the military departments 19 comply with Government and Department standards 20 on a matter described in paragraph 1 or 2 21 '' D reviewing and approving the appointment 22 of any other employee who functions in the capacity 23 of a Chief Information Officer or a Chief Information 24 Warfare Officer for any component within the De- HR 2810 PAP 418 1 partment except for the Chief Management Officer of 2 the Department of Defense and 3 '' E participating in all meetings management 4 and decision-making forums on issues pertaining to 5 any matter described in paragraph 1 or 2 6 '' 4 The Chief Information Warfare Officer shall over- 7 see and may require that programs of the military depart8 ments comply with such direction and standards as the 9 Chief Information Warfare Officer may establish relating 10 to a matter described in paragraph 1 or 2 11 '' 5 The Chief Information Warfare Officer shall per- 12 form such additional duties and exercise such additional 13 powers as the Secretary may prescribe 14 '' c CHIEF INFORMATION OFFICER FOR CERTAIN 15 PURPOSES --The Chief Information Warfare Officer-- 16 '' 1 is the Chief Information Officer of the De- 17 partment of Defense for purposes of 3554 a 3 of title 18 44 and section 2224 of this title and 19 '' 2 in coordination with the Chief Management 20 Officer of the Department of Defense is the Chief In- 21 formation Officer of the Department of Defense for 22 purposes of section 11315 of title 40 and section 2223 23 of this title 24 '' d PRINCIPAL CYBER ADVISOR --In addition to any 25 other duties under this section the Chief Information War- HR 2810 PAP 419 1 fare Officer shall serve as Principal Cyber Advisor under 2 section 932 c of the National Defense Authorization Act for 3 Fiscal Year 2014 10 U S C 2224 note 4 '' e PRINCIPAL DEPARTMENT OF DEFENSE SPACE 5 ADVISOR --In addition to any other duties under this sec6 tion the Chief Information Warfare Officer shall perform 7 the duties of the Principal Department of Defense Space 8 Advisor in accordance with Department of Defense Direc9 tive 5100 96 and any succeeding directive 10 '' f COLLABORATIVE MECHANISMS -- 1 The Sec- 11 retary of Defense shall establish collaboration mechanisms 12 between the Chief Information Warfare Officer and the 13 Under Secretary of Defense for Intelligence the Under Sec14 retary of Defense for Policy the Chairman of the Joint 15 Chiefs of Staff and the Assistant Secretary of Defense for 16 Public Affairs for purposes of developing and overseeing the 17 execution of offensive and defensive information warfare 18 strategies plans programs and operations 19 '' 2 The strategies plans programs and operations 20 shall appropriately integrate cyber electronic and electro21 magnetic spectrum warfare military deception military 22 information support operations and public affairs to con23 duct counter and deter information warfare 24 '' g PRECEDENCE IN DOD -- 1 The Chief Informa- 25 tion Warfare Officer shall take precedence in the Depart- HR 2810 PAP 420 1 ment of Defense with the officials serving in positions speci2 fied in section 131 b 2 of this title 3 '' 2 The officials serving in positions specified in such 4 section and the Chief Information Warfare Officer take 5 precedence among themselves in the order prescribed by the 6 Secretary '' 7 2 CLERICAL AMENDMENT --The table of sec- 8 tions at the beginning of chapter 4 of such title is 9 amended by striking the item relating to section 142 10 and inserting the following new item ''142 Chief Information Warfare Officer '' 11 3 EXECUTIVE SCHEDULE LEVEL II --Section 12 5313 of title 5 United States Code is amended by in- 13 serting after the item relating to the Deputy Secretary 14 of Defense the following new item 15 16 ''Chief Information Warfare Officer of the Department of Defense '' 17 4 REFERENCES --Any reference to the Chief 18 Information Officer of the Department of Defense in 19 any law regulation map document record or other 20 paper of the United States in that official's capacity 21 as the official responsible for the information security 22 and information dominance of the Department of De- 23 fense shall be deemed to be a reference to Chief Infor- 24 mation Warfare Officer of the Department of Defense HR 2810 PAP 421 1 5 PRINCIPAL CYBER ADVISOR --Paragraph 1 2 of section 932 c of the National Defense Authoriza- 3 tion Act for Fiscal Year 2014 Public Law 113-66 4 127 Stat 829 10 U S C 2224 note is amended to 5 read as follows 6 '' 1 IN GENERAL --The Chief Information War- 7 fare Officer of the Department of Defense under sec- 8 tion 142 of title 10 United States Code shall serve 9 as the Principal Cyber Advisor to act as the principal 10 advisor to the Secretary on military cyber forces and 11 activities '' 12 6 STANDARDS FOR NETWORKS --A military de- 13 partment may not develop or procure a network that 14 does not fully comply with such standards as the 15 Chief Information Warfare Officer under section 142 16 of title 10 United States Code as amended by para- 17 graph 1 may establish relating to a matter de- 18 scribed in subsection b of such section 19 7 ALTERNATIVE PROPOSAL --Not later than 20 March 1 2018 the Secretary of Defense shall submit 21 to the congressional defense committees a proposal for 22 such alternatives or modifications to the realignment 23 of responsibilities required by section 142 of title 10 24 United States Code as so amended as the Secretary 25 considers appropriate together with an implementa- HR 2810 PAP 422 1 tion plan for such proposal The proposal may not be 2 carried out unless approved by statute 3 8 QUARTERLY BRIEFING ON IMPLEMENTA- 4 TION --Not 5 90 days thereafter through January 1 2019 the Sec- 6 retary shall provide to the congressional defense com- 7 mittees a briefing on the status of the implementation 8 of the Chief Information Warfare Officer of the De- 9 partment of Defense under section 142 of title 10 10 United States Code as so amended during the pre- 11 ceding 90 days 12 later than January 30 2018 and every 9 EFFECTIVE 13 A IN DATE -- GENERAL --Except as provided in 14 subparagraph B this subsection and the 15 amendments made by this subsection shall take 16 effect on January 1 2019 17 B INTERIM MATTERS --Paragraphs 7 18 and 8 of this subsection shall take effect on the 19 date of the enactment of this Act HR 2810 PAP                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu