10 U.S.C. § 391a — Annual reports on support by military departments for United States Cyber Command

submitted 4 years ago by Pub. L. 117-263 to r/title-10-ARMED-FORCES · 497 words · no verdicts yet

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Each year, U.S. Cyber Command's commander must report to Congress soon after the defense budget. The report evaluates whether each military department meets cyber-force requirements. Each department gets a certification of compliance, or a detailed explanation of its shortfall. The evaluation covers staffing, training, assignment policies, readiness, and fixes to past problems.

(a) Reports: No later than 15 days after the Secretary of Defense sends Congress the defense budget materials for a fiscal year, the Commander of U.S. Cyber Command must send the congressional defense committees a report. (1) The report must evaluate whether each military department is meeting the requirements the Commander set and the Office of the Secretary of Defense validated, and whether it is properly carrying out the plan required by section 1534 of the National Defense Authorization Act for Fiscal Year 2023 and the requirements of section 1533 of that same Act. (2) For each military department evaluated, the report must include either: (A) a certification that the department meets the requirements; or (B) a detailed explanation of how it does not. (b) Elements of Evaluation: Each department's evaluation must cover: (1) whether policies, procedures, and execution for staffing, training, and equipping Cyber Mission Force personnel are adequate; (2) whether training programs for Cyber Mission Force and cyberspace-operations personnel are sufficient and robust, and whether the department follows training standards; (3) whether policies on assigning service members to the Cyber Mission Force, and how long those assignments last, are adequate; (4) how well the department fills key Cyber Mission Force roles, including the right mix of civilian, military, and contractor staff, and the resources needed to meet requirements; (5) whether investment in cyber-specific science and technology, especially for the Cyber Mission Force, is adequate; (6) whether policies, procedures, and investments in cyberspace-operations career fields (military occupational specialty, designator, rating, or Air Force specialty code) are sufficient — including how well pay, bonuses, service commitments, and preferred-assignment policies keep enough skilled people in key roles; (7) how well the department uses the Defense Department's shared cyberspace terminology, evaluated together with the Department's Principal Cyber Advisor; (8) how ready Cyber Mission Force and cyberspace-operations personnel are to carry out their missions; (9) whether the department has adequately acted on findings from past years' evaluations; and (10) any other factor the Commander considers relevant.

the actual law source: uscode.house.gov ↗public domain

(a)Reports.—

Not later than 15 days after the date on which the Secretary of Defense submits to Congress the defense budget materials (as defined in section 239 of this title) for a fiscal year, the Commander of the United States Cyber Command shall submit to the congressional defense committees a report containing the following:

(1)

An evaluation of whether each military department is meeting the requirements established by the Commander and validated by the Office of the Secretary of Defense, and is effectively implementing the plan required by section 1534 of the National Defense Authorization Act for Fiscal Year 2023, and the requirements established pursuant to section 1533 of such Act.

(2)

For each military department evaluated under paragraph (1)—

(A)

a certification that the military department is meeting such requirements; or

(B)

a detailed explanation regarding how the military department is not meeting such requirements.

(b)Elements of Evaluation.—

Each evaluation under subsection (a)(1) shall include, with respect to the military department being evaluated, the following:

(1)

The adequacy of the policies, procedures, and execution of manning, training, and equipping personnel for employment within the Cyber Mission Force.

(2)

The sufficiency and robustness of training curricula for personnel to be assigned to either the Cyber Mission Force or units within the cyberspace operations forces, and the compliance by the military department with training standards.

(3)

The adequacy of the policies and procedures relating to the assignment and assignment length of members of the Army, Navy, Air Force, Marine Corps, or Space Force to the Cyber Mission Force.

(4)

The efficacy of the military department in filling key work roles within the Cyber Mission Force, including the proper force mix of civilian, military, and contractor personnel, and the means necessary to meet requirements established by the Commander and validated by the Secretary of Defense.

(5)

The adequacy of the investment to advance cyber-peculiar science and technology, particularly with respect to capability development for the Cyber Mission Force.

(6)

The sufficiency of the policies, procedures, and investments relating to the establishment and management of military occupational specialty, designator, rating, or Air Force specialty code for personnel responsible for cyberspace operations, including an assessment of the effectiveness of the combination of policies determining availability and retention of sufficient numbers of proficient personnel in key work roles, including length of service commitment, the use of bonuses and special pays, alternative compensation mechanisms, and consecutive tours in preferred assignments.

(7)

In coordination with the Principal Cyber Advisor of the Department of Defense, an evaluation of the use by the military department of the shared lexicon of the Department of Defense specific to cyberspace activities.

(8)

The readiness of personnel serving in the Cyber Mission Force and the cyberspace operations forces to accomplish assigned missions.

(9)

The adequacy of actions taken during the period of evaluation by the military department to respond to findings from any previous years’ evaluations.

(10)

Any other element determined relevant by the Commander.

Source credit: (Added Pub. L. 117–263, div. A, title XV, § 1502(a), Dec. 23, 2022, 136 Stat. 2879.)

history & why it existsrecord from the source credit

2022Enacted · Pub. L. 117-263 · 136 Stat. 2879

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-263 on 2022-12-23.

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