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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 div. A title X § 1052(a)(1) · 127 Stat. 672

   Enacted · 10 U.S.C. § 171a

   Added Pub. L. 113–66, div. A, title X, § 1052(a)(1), Dec. 26, 2013, 127 Stat. 859

   Source evidence

   Code source credit
   Added Pub. L. 113–66, div. A, title X, § 1052(a)(1), Dec. 26, 2013, 127 Stat. 859

   Enacted provision · exact public law section
   (1) In general.— Chapter 7 of title 10, United States Code, is amended by inserting after section 171 the following new section: “§ 171a. Council on Oversight of the National Leadership Command, Control, and Communications System “(a) Establishment.— 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) Membership.— 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, Technology, and Logistics. “(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) Such other officers of the Department of Defense as the Secretary may designate. “(c) Co-Chair.— The Council shall be co-chaired by the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff. “(d) Responsibilities.— (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. “(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. “(D) Resource prioritization. “(E) Such other responsibilities as the Secretary of Defense shall specify for purposes of this section. “(e) Annual Reports.— At the same time each year that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, 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. “(f) Budget and Funding Matters.— (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. “(g) Notification of Anomalies.— (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. “(h) National Leadership of the United States Defined.— 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.” .

2. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 § 1651(3) · 129 Stat. 726

   Added · 10 U.S.C. § 171a(e)(5)

   Pub. L. 114–92, § 1651(3), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (e)(5). Pub. L. 114–92, § 1651(3), added par. (5).

   Enacted provision · exact public law section
   (3) in subsection (e), by adding at the end the following new paragraph: “(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.” .

3. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 § 1651(1) · 129 Stat. 726

   1. Added · 10 U.S.C. § 171a(f)(i)

      Pub. L. 114–92, § 1651(1), (2), added subsec. (f)

   2. Redesignated · 10 U.S.C. § 171a(f)(i)

      Pub. L. 114–92, § 1651(1), (2), redesignated former subsecs. (f) to (h) as (g) to (i), respectively

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) by redesignating subsections (f), (g), and (h), as subsections (g), (h), and (i), respectively;

4. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 1661(a)(1) · 130 Stat. 2000

   Inserted · 10 U.S.C. § 171a(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in paragraph (1), by inserting before the period the following: “, 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”; and

5. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 1661(a)(2) · 130 Stat. 2000

   Inserted · 10 U.S.C. § 171a(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) in paragraph (2)(C), by inserting before the period the following: “(including space system architectures and associated user terminals and ground segments)”.

6. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 1661(c)(1) · 130 Stat. 2000

   Substituted · 10 U.S.C. § 171a(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in the matter preceding paragraph (1), by striking “At the same time” and all that follows through “title 31,” and inserting the following: “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,”; and

7. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 1661(c)(2) · 130 Stat. 2000

   Added · 10 U.S.C. § 171a(e)(6)

   Pub. L. 114–328, § 1661(c)(2), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (e)(6). Pub. L. 114–328, § 1661(c)(2), added par. (6).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph: “(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.” .

8. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 1661(b) · 130 Stat. 2000

   1. Added · 10 U.S.C. § 171a(i)(k)

      Pub. L. 114–328, § 1661(b), added subsecs. (i) and (j)

   2. Redesignated · 10 U.S.C. § 171a(i)(k)

      Pub. L. 114–328, § 1661(b), redesignated former subsec. (i) as (k)

   Source evidence

   Code amendment note
   Subsecs. (i) to (k). Pub. L. 114–328, § 1661(b), added subsecs. (i) and (j) and redesignated former subsec. (i) as (k).

   Enacted provision · exact public law section
   (b) Ensuring Capabilities.— Such section is further amended— (1) by redesignating subsection (i) as subsection (k); and (2) by inserting after subsection (h) the following new subsections: “(i) Reports on Space Architecture Development.— (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 Acquisitions, Technology, and Logistics 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 2366(e) of this title. “(j) Notification of Reduction of Certain Warning Time.— (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.” .

9. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 1081(a)(13)(A) · 131 Stat. 1283

   Substituted · 10 U.S.C. § 171a(f)

   Pub. L. 115–91, § 1081(a)(13)(A), substituted “(50 U.S.C. 3003(4)))” for “(50 U.S.C. 3003(4))”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 115–91, § 1081(a)(13)(A), substituted “(50 U.S.C. 3003(4)))” for “(50 U.S.C. 3003(4))”.

   Enacted provision · exact public law section
   (A) in subsection (f), by striking “(4))” and inserting “(4)))”; and

10. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1081(a)(13)(B) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 171a(i)(3)

    Pub. L. 115–91, § 1081(a)(13)(B), substituted “sections 2366(e) and 2366a(d)” for “section 2366(e)”

    Source evidence

    Code amendment note
    Subsec. (i)(3). Pub. L. 115–91, § 1081(a)(13)(B), substituted “sections 2366(e) and 2366a(d)” for “section 2366(e)”.

    Enacted provision · exact public law section
    (B) in subsection (i)(3), by striking “section 2366(e)” and inserting “sections 2366(e) and 2366a(d)”.

11. 2017

    National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1654(a)(1) · 131 Stat. 1283

    1. Added · 10 U.S.C. § 171a(k); 10 U.S.C. § 171a(l)

       Pub. L. 115–91, § 1654(a)(1), added subsec. (k)

    2. Redesignated · 10 U.S.C. § 171a(k); 10 U.S.C. § 171a(l)

       Pub. L. 115–91, § 1654(a)(1), redesignated former subsec. (k) as (l)

    Source evidence

    Code amendment note
    Subsecs. (k), (l). Pub. L. 115–91, § 1654(a)(1), added subsec. (k) and redesignated former subsec. (k) as (l).

    Enacted provision · exact public law section
    (1) In general.— Section 171a of title 10, United States Code, is amended— (A) by redesignating subsection (k) as subsection (l); and (B) by inserting after subsection (j) the following new subsection (k): “(k) Status of Acquisition Programs.— (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.” .

12. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title XVI § 1661 · 133 Stat. 1198

    Substituted · 10 U.S.C. § 171a

    Pub. L. 116–92 substituted “and Sustainment” for “, Technology, and Logistics” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 116–92 substituted “and Sustainment” for “, Technology, and Logistics” wherever appearing.

    Enacted provision · exact public law section
    SEC. 1661. CONFORMING AMENDMENT TO COUNCIL ON OVERSIGHT OF THE NATIONAL LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.   Section 171a of title 10, United States Code, is amended by striking “, Technology, and Logistics” each place it appears and inserting “and Sustainment”.

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1081(a)(10) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 171a(i)(1)

    Pub. L. 116–283, § 1081(a)(10), substituted “Acquisition” for “Acquisitions”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 116–283, § 1081(a)(10), substituted “Acquisition” for “Acquisitions”.

    Enacted provision · exact public law section
    (10) Section 171a(i)(1) is amended by striking “Acquisitions” and inserting “Acquisition”.

    Effective date note
    Amendment 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.

14. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1845(c)(2) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 171a(i)(3)

       Pub. L. 116–283, § 1845(c)(2), as amended by Pub. L. 117–81, § 1701(b)(14)

    2. Substituted · 10 U.S.C. § 171a(i)(3)

       Pub. L. 116–283, § 1845(c)(2), as substituted “sections 4172(e)” for “sections 2366(e)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1845(c)(2), as amended by Pub. L. 117–81, § 1701(b)(14), substituted “sections 4172(e)” for “sections 2366(e)”.

    Enacted provision · exact public law section
    (2) Section 171a(i)(3) of such title is amended by striking “section 2366(e)” and inserting “sections 4172(e)”.

    Effective date note
    Amendment 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.

15. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 1702(a)(1) · 135 Stat. 1541

    Substituted · 10 U.S.C. § 171a(i)(3)

    Pub. L. 117–81, § 1702(a)(1), substituted “4251(d)” for “2366a(d)”

    Source evidence

    Code amendment note
    Subsec. (i)(3). Pub. L. 117–81, § 1702(a)(1), substituted “4251(d)” for “2366a(d)”.

    Enacted provision · exact public law section
    (1) Section 171a(i)(3) is amended by striking “2366a(d)” and inserting “4251(d)”.

    Effective date note
    Amendment 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.

16. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 1672(a) · 136 Stat. 2395

    1. Added · 10 U.S.C. § 171a(b)(7); 10 U.S.C. § 171a(b)(8)

       Pub. L. 117–263, § 1672(a), added par. (7)

    2. Redesignated · 10 U.S.C. § 171a(b)(7); 10 U.S.C. § 171a(b)(8)

       Pub. L. 117–263, § 1672(a), redesignated former par. (7) as (8)

    Source evidence

    Code amendment note
    Subsec. (b)(7), (8). Pub. L. 117–263, § 1672(a), added par. (7) and redesignated former par. (7) as (8).

    Enacted provision · exact public law section
    (a) Membership on Council on Oversight of the National Leadership Command, Control, and Communications System.— Section 171a(b) of title 10, United States Code, is amended by— (1) redesignating paragraph (7) as paragraph (8); and (2) inserting after paragraph (6) the following new paragraph (7): “(7) The Director of the White House Military Office.” .

17. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 § 1636(c) · 136 Stat. 2395

    1. Redesignated · 10 U.S.C. § 171a(h)(l)

       Pub. L. 117–263, § 1636(c), redesignated subsecs. (i) to (l) as (h) to (k), respectively

    2. Struck · 10 U.S.C. § 171a(h)(l)

       Pub. L. 117–263, § 1636(c), struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (c) Conforming Repeal.— Section 171a of title 10, United States Code, is amended— (1) by striking subsection (h); and (2) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively.

23 of 23 references resolved to an enrolled provision