10 U.S.C. § 391a: Annual reports on support by…

Summary

The Commander of U.S. Cyber Command must send a report to the congressional defense committees within 15 days after the Secretary of Defense gives Congress the defense budget materials for a fiscal year. The report must say whether each military department is meeting the Cyber Command requirements that the Secretary of Defense has approved and whether each is carrying out the plans required by sections 1533 and 1534 of the National Defense Authorization Act for Fiscal Year 2023. For each department, the Commander must either certify it meets the requirements or explain in detail how it does not. The evaluations cover 10 areas, including staffing, training, and equipping cyber forces; assignment rules and tour lengths; filling key jobs and the mix of civilian, military, and contractor personnel; investment in cyber research and technology; management of cyber job specialties and retention tools like bonuses and service commitments; use of a shared DoD cyberspace vocabulary (checked with the Principal Cyber Advisor); personnel readiness; how the department responded to past evaluation findings; and any other relevant matters.

Title 10, §391a

Armed Forces, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1533 and 1534 of the National Defense Authorization Act for Fiscal Year 2023, referred to in subsec. (a)(1), are section 1533 and 1534 of Pub. L. 117–263, also known as the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, which are set out as notes under section 167b of this title.

Statutory Notes and Related Subsidiaries

First Report Pub. L. 117–263, div. A, title XV, § 1502(b), Dec. 23, 2022, 136 Stat. 2880, provided that: “The Commander of the United States Cyber Command shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the first report under section 391a of title 10, United States Code, as added by subsection (a), as soon as practicable after the date of the submission of the defense budget materials for fiscal year 2024.”

§391a Annual Reports on Support by Military Departments for United States Cyber Command