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Code · BILL · 114th Congress · S. 1376 (Placed on Calendar Senate) — To authorize appropriations for fiscal year 2016 for military activities of the Department of Defense, for military c... · Sec. 807

Sec. 807. Acquisition authority of the Commander of United States Cyber Command

610 words·~3 min read·/bill/114/s/1376/pcs/section-807

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The Commander of the United States Cyber Command shall be responsible for, and shall have the authority to conduct, the following acquisition activities: Development and acquisition of cyber operations-peculiar equipment and capabilities. Acquisition of cyber capability-peculiar equipment, capabilities, and services. Subject to the authority, direction, and control of the Secretary of Defense, the Commander shall have authority to exercise the functions of the head of an agency under chapter 137 of title 10, United States Code.
The staff of the Commander shall include a command acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the United States Cyber Command. The command acquisition executive shall have the authority— to negotiate memoranda of agreement with the military departments to carry out the acquisition of equipment, capabilities, and services described in subsection (a)(1) on behalf of the Command; to supervise the acquisition of equipment, capabilities, and services described in subsection (a)(1); to represent the Command in discussions with the military departments regarding acquisition programs for which the Command is a customer; and to work with the military departments to ensure that the Command is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the Command is a customer.
The command acquisition executive of the United States Cyber Command shall be— responsible to the Commander for rapidly delivering acquisition solutions to meet validated cyber operations-peculiar requirements; subordinate to the defense acquisition executive in matters of acquisition; subject to the same oversight as the service acquisition executives; and included on the distribution list for acquisition directives and instructions of the Department of Defense. The Secretary of Defense shall provide the United States Cyber Command with the personnel or funding equivalent to ten full-time equivalent personnel to support the Commander in fulfilling the acquisition responsibilities provided for under this section with experience in— program acquisition; the Joint Capabilities Integration and Development System Process; program management; system engineering; and costing.
The personnel provided under this subsection shall be provided from among the existing personnel of the Department of Defense. The staff of the Commander of the United States Cyber Command shall on a periodic basis include a representative from the Department of Defense Office of Inspector General who shall conduct internal audits and inspections of purchasing and contracting actions through the United States Cyber Command and such other Inspector General functions as may be assigned.
In addition to the activities of a combatant command for which funding may be requested under section 166(b) of title 10, United States Code, the budget proposal of the United States Cyber Command shall include requests for funding for— development and acquisition of cyber operations-peculiar equipment; and acquisition of other capabilities or services that are peculiar to offensive cyber operations activities. There is authorized to be appropriated for each of fiscal years 2016 through 2021, out of funds made available for procurement, Defense-wide, $75,000,000 for a Cyber Operations Procurement Fund to support acquisition activities provided for under this section.
Nothing in this section shall be construed to constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ). The authority under this section shall terminate on September 30, 2021.
The authority under this section does not include major defense acquisitions or acquisitions of foundational infrastructure or software architectures the duration of which is expected to last more than five years.
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Sec. 807
Acquisition authority of the Commander of United States Cyber Command
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