§171a — Title 10 Armed Forces | U.S. Code

Summary

Creates a council inside the Department of Defense to watch over the command, control, and communications systems used by the nation’s top leaders. Members include the Under Secretaries for Policy and for Acquisition and Sustainment, the Vice Chairman of the Joint Chiefs of Staff, the Commander of U.S. Strategic Command, the Director of the NSA, the DoD Chief Information Officer, the Director of the White House Military Office, and others the Secretary names. The council is co‑chaired by the Under Secretary for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs. The council must check how well these systems work, find and fix vulnerabilities, plan system architectures (including space systems and user terminals), set priorities for resources, and do other tasks the Secretary assigns. It also must gather intelligence reports about foreign and cyber threats to these systems. The council must report to the congressional defense committees. Until January 31, 2021, it must send a report each year with the President’s budget; after that it may report as it chooses. Reports must cover past activities, planned work in the future‑years defense program, changes to system requirements and their effects, budget program details for the systems, threat assessments, and readiness for each system layer, including nuclear command and control. Additional rules require U.S. Strategic Command to tell the Chairman of the Joint Chiefs within 30 days after the President’s budget whether the budget meets needed capabilities for that year and the next four years, and the Chairman to pass that on to Congress. The law also sets notice and waiting periods before cutting warning time for strategic missile alerts, requires advance reports before certain space and warning systems reach major approvals, mandates regular program‑status reports for covered acquisition programs, and defines “national leadership” as the President, the Vice President, and others the President chooses.

Title 10, §171a

Armed Forces — Source: USLM XML via OLRC

(a)There is within the Department of Defense a council to be known as the “Council on Oversight of the National Leadership Command, Control, and Communications System” (in this section referred to as the “Council”).

(b)The members of the Council shall be as follows:

(1)The Under Secretary of Defense for Policy.

(2)The Under Secretary of Defense for Acquisition and Sustainment.

(3)The Vice Chairman of the Joint Chiefs of Staff.

(4)The Commander of the United States Strategic Command.

(5)The Director of the National Security Agency.

(6)The Chief Information Officer of the Department of Defense.

(7)The Director of the White House Military Office.

(8)Such other officers of the Department of Defense as the Secretary may designate.

(c)The Council shall be co-chaired by the Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff.

(d)(1)The Council shall be responsible for oversight of the command, control, and communications system for the national leadership of the United States, including nuclear command, control, and communications, and including with respect to the integrated tactical warning and attack assessment systems, processes, and enablers, and continuity of the governmental functions of the Department of Defense.

(2)In carrying out the responsibility for oversight of the command, control, and communications system as specified in paragraph (1), the Council shall be responsible for the following:

(A)Oversight of performance assessments (including interoperability).

(B)Vulnerability identification and mitigation.

(C)Architecture development (including space system architectures and associated user terminals and ground segments).

(D)Resource prioritization.

(E)Such other responsibilities as the Secretary of Defense shall specify for purposes of this section.

(e)During the period preceding January 31, 2021, at the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, and from time to time after such period at the discretion of the Council, the Council shall submit to the congressional defense committees a report on the activities of the Council. Each report shall include the following:

(1)A description and assessment of the activities of the Council during the previous fiscal year.

(2)A description of the activities proposed to be undertaken by the Council during the period covered by the current future-years defense program under section 221 of this title.

(3)Any changes to the requirements of the command, control, and communications system for the national leadership of the United States made during the previous year, along with an explanation for why the changes were made and a description of the effects of the changes to the capability of the system.

(4)A breakdown of each program element in such budget that relates to the system, including how such program element relates to the operation and sustainment, research and development, procurement, or other activity of the system.

(5)An assessment of the threats and vulnerabilities described in the reports and assessments collected under subsection (f) during the previous year, including any plans to address such threats and vulnerabilities.

(6)An assessment of the readiness of the command, control, and communications system for the national leadership of the United States and of each layer of the system, as that layer relates to nuclear command, control, and communications.

(f)The Council shall collect and assess (consistent with the provision of classified information and intelligence sources and methods) all reports and assessments otherwise conducted by the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) regarding foreign threats, including cyber threats, to the command, control, and communications system for the national leadership of the United States and the vulnerabilities of such system to such threats.

(g)(1)Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff an assessment of—

(A)whether such budget allows the Federal Government to meet the required capabilities of the command, control, and communications system for the national leadership of the United States during the fiscal year covered by the budget and the four subsequent fiscal years; and

(B)if the Commander determines that such budget does not allow the Federal Government to meet such required capabilities, a description of the steps being taken to meet such required capabilities.

(2)Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Strategic Command under paragraph (1), the Chairman shall submit to the congressional defense committees—

(A)such assessment as it was submitted to the Chairman; and

(B)any comments of the Chairman.

(3)If a House of Congress adopts a bill authorizing or appropriating funds for the activities of the command, control, and communications system for the national leadership of the United States that, as determined by the Council, provides insufficient funds for such activities for the period covered by such bill, the Council shall notify the congressional defense committees of the determination.

(h)(1)Not less than 90 days before each of the dates on which a system described in paragraph (2) achieves Milestone A or Milestone B approval, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report prepared by the Council detailing the implications of any changes to the architecture of such a system with respect to the systems, capabilities, and programs covered under subsection (d).

(2)A system described in this paragraph is any of the following:

(A)Advanced extremely high frequency satellites.

(B)The space-based infrared system.

(C)The integrated tactical warning and attack assessment system and its command and control system.

(D)The enhanced polar system.

(3)In this subsection, the terms “Milestone A approval” and “Milestone B approval” have the meanings given such terms in section 4172(e) and 4251(d) of this title.

(i)(1)None of the funds authorized to be appropriated or otherwise made available to the Department of Defense for any fiscal year may be used to change any command, control, and communications system described in subsection (d)(1) in a manner that reduces the warning time provided to the national leadership of the United States with respect to a warning of a strategic missile attack on the United States unless—

(A)the Secretary of Defense notifies the congressional defense committees of such proposed change and reduction; and

(B)a period of one year elapses following the date of such notification.

(2)Not later than March 1, 2017, and each year thereafter, the Council shall determine whether the integrated tactical warning and attack assessment system and its command and control system have met all warfighter requirements for operational availability, survivability, and endurability. If the Council determines that such systems have not met such requirements, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional defense committees—

(A)an explanation for such negative determination;

(B)a description of the mitigations that are in place or being put in place as a result of such negative determination; and

(C)the plan of the Secretary and the Chairman to ensure that the Council is able to make a positive determination in the following year.

(j)(1)On a quarterly basis, each program manager of a covered acquisition program shall transmit to the co-chairs of the Council, acting through the senior steering group of the Council, a report that identifies—

(A)the covered acquisition program;

(B)the requirements of the program;

(C)the development timeline of the program; and

(D)the status of the program, including whether the program is delayed and, if so, whether such delay will result in a program schedule delay.

(2)Not later than seven days after the end of each semiannual period, the co-chairs of the Council shall submit to the congressional defense committees a report that identifies, with respect to the reports transmitted to the Council under paragraph (1) for the two quarters in such period—

(A)each covered acquisition program that is delayed more than 180 days; and

(B)any covered acquisition program that should have been included in such reports but was excluded, and the reasons for such exclusion.

(3)In this subsection, the term “covered acquisition program” means each acquisition program of the Department of Defense that materially contributes to—

(A)the nuclear command, control, and communications systems of the United States; or

(B)the continuity of government systems of the United States.

(k)In this section, the term “national leadership of the United States” means the following:

(1)The President.

(2)The Vice President.

(3)Such other civilian officials of the United States Government as the President shall designate for purposes of this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(7), (8). Pub. L. 117–263, § 1672(a), added par. (7) and redesignated former par. (7) as (8). Subsecs. (h) to (l). Pub. L. 117–263, § 1636(c), redesignated subsecs. (i) to (l) as (h) to (k), respectively, and struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows: “(1) The Secretary of Defense shall submit to the congressional defense committees written notification of an anomaly in the nuclear command, control, and communications system for the national leadership of the United States that is reported to the Secretary or the Council by not later than 14 days after the date on which the Secretary or the Council learns of such anomaly, as the case may be. “(2) In this subsection, the term ‘anomaly’ means any unplanned, irregular, or abnormal event, whether unexplained or caused intentionally or unintentionally by a person or a system.” 2021—Subsec. (i)(1). Pub. L. 116–283, § 1081(a)(10), substituted “Acquisition” for “Acquisitions”. Subsec. (i)(3). Pub. L. 117–81, § 1702(a)(1), substituted “4251(d)” for “2366a(d)”. Pub. L. 116–283, § 1845(c)(2), as amended by Pub. L. 117–81, § 1701(b)(14), substituted “section 4172(e)” for “section 2366(e)”. 2019—Pub. L. 116–92 substituted “and Sustainment” for “, Technology, and Logistics” wherever appearing. 2017—Subsec. (f). Pub. L. 115–91, § 1081(a)(13)(A), substituted “(50 U.S.C. 3003(4)))” for “(50 U.S.C. 3003(4))”. Subsec. (i)(3). Pub. L. 115–91, § 1081(a)(13)(B), substituted “section 2366(e) and 2366a(d)” for “section 2366(e)”. Subsecs. (k), (l). Pub. L. 115–91, § 1654(a)(1), added subsec. (k) and redesignated former subsec. (k) as (l). 2016—Subsec. (d)(1). Pub. L. 114–328, § 1661(a)(1), inserted “, and including with respect to the integrated tactical warning and attack assessment systems, processes, and enablers, and continuity of the governmental functions of the Department of Defense” before period at end. Subsec. (d)(2)(C). Pub. L. 114–328, § 1661(a)(2), inserted “(including space system architectures and associated user terminals and ground segments)” before period at end. Subsec. (e). Pub. L. 114–328, § 1661(c)(1), substituted “During the period preceding January 31, 2021, at the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, and from time to time after such period at the discretion of the Council,” for “At the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31,” in introductory provisions. Subsec. (e)(6). Pub. L. 114–328, § 1661(c)(2), added par. (6). Subsecs. (i) to (k). Pub. L. 114–328, § 1661(b), added subsecs. (i) and (j) and redesignated former subsec. (i) as (k). 2015—Subsec. (e)(5). Pub. L. 114–92, § 1651(3), added par. (5). Subsecs. (f) to (i). Pub. L. 114–92, § 1651(1), (2), added subsec. (f) and redesignated former subsecs. (f) to (h) as (g) to (i), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by section 1701(b)(14) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1845(c)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. Department of Defense Instruction Pub. L. 115–91, div. A, title XVI, § 1654(a)(2), Dec. 12, 2017, 131 Stat. 1759, provided that: “The Secretary of Defense shall issue a Department of Defense Instruction, or revise such an Instruction, to ensure that program managers carry out subsection (k)(1) of section 171a of title 10, United States Code, as added by paragraph (1).” Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsecs. (e) and (g)(2) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. Execution and Programmatic Oversight Pub. L. 115–91, div. A, title XVI, § 1654(b), Dec. 12, 2017, 131 Stat. 1759, provided that: “(1) Database.—Not later than one year after the date of the enactment of this Act [Dec. 12, 2017], the Chief Information Officer of the Department of Defense, as Executive Secretary of the Council on Oversight of the National Leadership Command, Control, and Communications System established under section 171a of title 10, United States Code (or a successor to the Chief Information Officer assigned responsibility for policy, oversight, guidance, and coordination for nuclear command and control systems), shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, develop a database relating to the execution of all nuclear command, control, and communications acquisition programs of the Department of Defense with an approved Materiel Development Decision. The database shall be updated not less frequently than annually and upon completion of a major program element of such a program. “(2) Database elements.—The database required by paragraph (1) shall include, at a minimum, the following elements for each program described in that paragraph, consistent with Department of Defense Instruction 5000.02:“(A) Projected dates for Milestones A, B, and C, including cost thresholds and objectives for major elements of life cycle cost. “(B) Projected dates for program design reviews and critical design reviews. “(C) Projected dates for developmental and operation tests. “(D) Projected dates for initial operational capability and final operational capability. “(E) An acquisition program baseline. “(F) Program acquisition unit cost and average procurement unit cost. “(G) Contract type. “(H) Key performance parameters. “(I) Key system attributes. “(J) A risk register. “(K) Technology readiness levels. “(L) Manufacturing readiness levels. “(M) Integration readiness levels. “(N) Any other critical elements that affect the stability of the program. “(3) Briefings.—The co-chairs of the Council on Oversight of the National Leadership Command, Control, and Communications System shall brief the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] on the status of the database required by paragraph (1)—“(A) not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017]; and “(B) upon completion of the database.”

§171a Council on Oversight of the National Leadership Command, Control, and Communications System