Sec. 1633. Limitation on ending of arrangement in which the Commander of the United States Cyber Command is also Director of the National Security Agency
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/bill/114/s/2943/es/section-1633·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that the arrangement (commonly referred to as a dual-hat arrangement ) under which the Commander of the United States Cyber Command also serves as the Director of the National Security Agency is in the national security interests of the United States. The Secretary of Defense may not take action to end the arrangement described in subsection
(a)until the Secretary and the Chairman of the Joint Chiefs of Staff jointly determine and certify to the appropriate committees of Congress that the end of that arrangement will not pose risks to the military effectiveness of the United States Cyber Command that are unacceptable in the national security interests of the United States. The Secretary and the Chairman shall develop criteria for assessing the military and intelligence necessity and benefit of the arrangement described in subsection (a). The criteria shall be based on measures of the operational dependence of the United States Cyber Command on the National Security Agency and the ability of each organization to accomplish their roles and responsibilities independent of the other. The conditions to be evaluated shall include the following: The sufficiency of operational infrastructure. The sufficiency of command and control systems and processes for planning, deconflicting, and executing military cyber operations, tools and weapons for achieving required effects. Technical intelligence collection and operational preparation of the environment capabilities. The ability to train personnel, test capabilities, and rehearse missions. 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.