10 U.S.C. § 488 — Management and review of electromagnetic spectrum

(a) Organization. The Secretary of Defense must ensure the effective organization and management of the electromagnetic spectrum the Department uses, and must establish an enduring review-and-evaluation process. That process must consider all requirements relating to the spectrum, and must make sure every user of the spectrum — regardless of how classified their use is — is involved in the Department's decision-making about potentially sharing, reassigning, reallocating, or relocating its spectrum use. (b) Reports. (1) As often as the Secretary and the Chairman of the Joint Chiefs of Staff determine is useful for effectively overseeing the Department's access to the electromagnetic spectrum — but not less often than every two years — they must jointly submit a report to the congressional defense committees. The report covers national policy plans and their implications for that access, in bands identified for study for possible reallocation, or under consideration for possible reallocation, by the Policy and Plans Steering Group the National Telecommunications and Information Administration established. (2) Each report must address, for the spectrum the report covers, how the Department's missions would be affected by sharing, reassigning, reallocating, or relocating its spectrum use, but only where the Secretary and Chairman jointly determine that doing so would: (A) potentially cause a loss of essential military capability to the Department's missions, as determined through feasibility assessments meant to ensure a comparable capability; or (B) likely not be possible within the ten years after the report's date.