Sec. 1642. Limitation on termination of dual-hat arrangement for Commander of the United States Cyber Command
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The Secretary of Defense may not terminate the dual-hat arrangement until the date on which the Secretary and the Chairman of the Joint Chiefs of Staff jointly certify to the appropriate committees of Congress that— the Secretary and the Chairman carried out the assessment under subsection (b); each of the conditions described in paragraph (2)(C) of such subsection has been met; and termination of the dual-hat arrangement will not pose risks to the military effectiveness of the United States Cyber Command that are unacceptable to the national security interests of the United States.
The Secretary and the Chairman shall jointly assess the military and intelligence necessity and benefit of the dual-hat arrangement. The assessment under paragraph
(1)shall include the following elements: An evaluation of the operational dependence of the United States Cyber Command on the National Security Agency. An evaluation of the ability of the United States Cyber Command and the National Security Agency to carry out their respective roles and responsibilities independently. A determination of whether the following conditions have been met: Robust operational infrastructure has been deployed that is sufficient to meet the unique cyber mission needs of the United States Cyber Command and the National Security Agency, respectively. Robust command and control systems and processes have been established for planning, deconflicting, and executing military cyber operations. The tools and weapons used in cyber operations are sufficient for achieving required effects. Capabilities have been established to enable intelligence collection and operational preparation of the environment for cyber operations. Capabilities have been established to train cyber operations personnel, test cyber capabilities, and rehearse cyber missions. The cyber mission force has achieved full operational capability. In this section: The term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. The term dual-hat arrangement means the arrangement under which the Commander of the United States Cyber Command also serves as the Director of the National Security Agency.