S.Amdt. 4524

SA 4524. Mr. BURR (for himself, Mrs. Feinstein, and Ms. Collins)
submitted an amendment intended to be proposed by him to the bill S.
2943, to authorize appropriations for fiscal year 2017 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

Strike section 1633 and insert the following:

SEC. 1633. PROCESS FOR ENDING OF ARRANGEMENT IN WHICH THE
COMMANDER OF THE UNITED STATES CYBER COMMAND IS
ALSO DIRECTOR OF THE NATIONAL SECURITY AGENCY.

(a) Sense of Congress.--It is the sense of Congress that--
(1) the ending of 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 needs to be carefully considered
and done through conditions-based criteria; and
(2) until such arrangement is ended, it is important to
ensure such arrangement does not impede the Director's
service of national intelligence requirements.
(b) Processes for Ending of Current Arrangement.--The
Secretary of Defense may not take action to end the
arrangement described in subsection (a) until--
(1) 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; or
(2) the Director of National Intelligence determines and
certifies to the appropriate committees of Congress that the
continuation of that arrangement poses risks and impedes the
appropriate prioritization of national intelligence
requirements.
(c) Conditions-based Criteria.--The Secretary of Defense,
the Chairman of the Joint Chiefs of Staff, and the Director
of National Intelligence 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:
(1) The sufficiency of operational infrastructure.
(2) The sufficiency of command and control systems and
processes for planning, deconflicting, and executing military
cyber operations, tools and weapons for achieving required
effects.
(3) Technical intelligence collection and operational
preparation of the environment capabilities.
(4) The ability to train personnel, test capabilities, and
rehearse missions.
(5) The ability to meet national intelligence requirements.
(6) The ability to correctly and impartially conduct
intelligence gain and loss assessments in scenarios with
competing requirements.
(d) Reports.--Not later than 90 days of the date of the
enactment of this Act and annually thereafter until a
certification is made in accordance with subsection (b)--
(1) the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff shall submit to the appropriate committees of
Congress a report that describes which of the conditions set
out under subsection (c) have not been met; and
(2) the Director of National Intelligence shall submit to
the appropriate committees of Congress an assessment of the
Director's continuing ability to meet national intelligence
requirements and appropriately conduct intelligence gain and
loss assessments in scenarios with competing requirements.
(e) Definitions.--In this section:
(1) Appropriate committees of congress defined.--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) National intelligence.--The term ``national
intelligence'' has the meaning given that term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
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