Sec. 1642. LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE UNITED STATES CYBER COMMAND
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## SEC. 1642 LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE UNITED STATES CYBER COMMAND ###
(a)Limitation on Termination of Dual-hat Arrangement 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— ####
(1)the Secretary and the Chairman carried out the assessment under subsection (b); ####
(2)each of the conditions described in paragraph (2)(C) of such subsection has been met; and ####
(3)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. ###
(b)Assessment ####
(1)In general The Secretary and the Chairman shall jointly assess the military and intelligence necessity and benefit of the dual-hat arrangement. ####
(2)Elements The assessment under paragraph
(1)shall include the following elements: #####
(A)An evaluation of the operational dependence of the United States Cyber Command on the National Security Agency. #####
(B)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. #####
(C)A determination of whether the following conditions have been met: ######
(i)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. ######
(ii)Robust command and control systems and processes have been established for planning, deconflicting, and executing military cyber operations and national intelligence operations. ######
(iii)The tools, weapons, and accesses used in and available for military cyber operations are sufficient for achieving required effects and United States Cyber Command is capable of acquiring or developing such tools, weapons, and accesses. ######
(iv)Capabilities have been established to enable intelligence collection and operational preparation of the environment for cyber operations. ######
(v)Capabilities have been established to train cyber operations personnel, test cyber capabilities, and rehearse cyber missions. ######
(vi)The Cyber Mission Force has achieved full operational capability and has demonstrated the capacity to execute the cyber missions of the Department, including the following: ######
(I)Execution of national-level missions through cyberspace, including deterrence and disruption of adversary cyber activity. ######
(II)Defense of the Department of Defense Information Network. ######
(III)Support for other combatant commands, including targeting of adversary military assets. ###
(c)Biannual Briefing ####
(1)In general Not later than 90 days after the date of the enactment of this subsection and biannually thereafter, the Secretary of Defense and the Director of National Intelligence shall provide to the appropriate committees of Congress briefings on the nature of the National Security Agency and United States Cyber Command’s current and future partnership. Briefings under this subsection shall not terminate until the certification specified in subsection
(a)is issued. ####
(2)Elements Each briefing under this subsection shall include status updates on the current and future National Security Agency-United States Cyber Command partnership efforts, including relating to the following: #####
(A)Common infrastructure and capability acquisition. #####
(B)Operational priorities and partnership. #####
(C)Research and development partnership. #####
(D)Executed documents, written memoranda of agreements or understandings, and policies issued governing such current and future partnership. #####
(E)Projected long-term efforts. ###
(d)Definitions In this section: ####
(1)Appropriate committees of congress The term “appropriate committees of Congress” means— #####
(A)the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and #####
(B)the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. ####
(2)Dual-hat arrangement 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.