Sec. 807. ACQUISITION AUTHORITY OF THE COMMANDER OF UNITED STATES CYBER COMMAND
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## SEC. 807 ACQUISITION AUTHORITY OF THE COMMANDER OF UNITED STATES CYBER COMMAND **[**[10 U.S.C. 2224 note](/us/usc/t10/s2224)**]** ###
(a)Authority ####
(1)In general The Commander of the United States Cyber Command shall be responsible for, and shall have the authority to conduct, the following acquisition activities: #####
(A)Development and acquisition of cyber operations-peculiar equipment and capabilities. #####
(B)Acquisition and sustainment of cyber capability-peculiar equipment, capabilities, and services. ####
(2)Acquisition functions 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. ###
(b)Command Acquisition Executive ####
(1)In general 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— #####
(A)to negotiate memoranda of agreement with the military departments and Department of Defense components to carry out the acquisition of equipment, capabilities, and services described in subsection (a)(1) on behalf of the Command; #####
(B)to supervise the acquisition of equipment, capabilities, and services described in subsection (a)(1); #####
(C)to represent the Command in discussions with the military departments regarding acquisition programs for which the Command is a customer; and #####
(D)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. ####
(2)Delivery of acquisition solutions The command acquisition executive of the United States Cyber Command shall be— #####
(A)responsible to the Commander for rapidly delivering acquisition solutions to meet validated cyber operations-peculiar requirements; #####
(B)subordinate to the defense acquisition executive in matters of acquisition; #####
(C)subject to the same oversight as the service acquisition executives; and #####
(D)included on the distribution list for acquisition directives and instructions of the Department of Defense. ###
(c)Acquisition Personnel ####
(1)In general 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— #####
(A)program acquisition; #####
(B)the Joint Capabilities Integration and Development System Process; #####
(C)program management; #####
(D)system engineering; and #####
(E)costing. ####
(2)Existing personnel The personnel provided under this subsection shall be provided from among the existing personnel of the Department of Defense. ###
(d)Budget In addition to the activities of a combatant command for which funding may be requested under section 166 of title 10, United States Code, the budget proposal of the United States Cyber Command shall include requests for funding for— ####
(1)development and acquisition of cyber operations-peculiar equipment; and ####
(2)acquisition and sustainment of other capabilities or services that are peculiar to cyber operations activities. ###
(e)Rule of Construction Regarding Intelligence and Special Activities 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.). ###
(f)Implementation Plan Required The authority granted in subsection
(a)shall become effective 30 days after the date on which the Secretary of Defense provides to the congressional defense committees a plan for implementation of those authorities under subsection (a). The plan shall include the following: ####
(1)A Department of Defense definition of— #####
(A)cyber operations-peculiar equipment and capabilities; and #####
(B)cyber capability-peculiar equipment, capabilities, and services. ####
(2)Summaries of the components to be negotiated in the memorandum of agreements with the military departments and other Department of Defense components to carry out the development, acquisition, and sustainment of equipment, capabilities, and services described in subparagraphs
(A)and
(B)of subsection (a)(1). ####
(3)Memorandum of agreement negotiation and approval timelines. ####
(4)Plan for oversight of the command acquisition executive established in subsection (b). ####
(5)Assessment of the acquisition workforce needs of the United States Cyber Command to support the authority in subsection
(a)until 2021. ####
(6)Other matters as appropriate. ###
(g)Annual End-of-year Assessment Each year, the Cyber Investment Management Board shall review and assess the acquisition activities of the United States Cyber Command, including contracting and acquisition documentation, for the previous fiscal year, and provide any recommendations or feedback to the acquisition executive of Cyber Command.
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Sec. 807
ACQUISITION AUTHORITY OF THE COMMANDER OF UNITED STATES CYBER COMMAND
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