(a)
(b)
(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) Such other officers of the Department of Defense as the Secretary may designate.
(c)
(d)
(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)
(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)
(g)
(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)
(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.
(i)
(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 sections 2366(e) and 2366a(d) of this title.
(j)
(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.
(k)
(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.
(l)
(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.
Amendments
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 "sections 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.
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 Requirements
For 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)
"(2)
"(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)
"(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."
1 So in original. Probably should be "Acquisition".