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10 U.S.C. § 171a — Council on Oversight of the National Leadership Command, Control, and Communications System

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10 U.S.C. § 171a — Council on Oversight of the National Leadership Command, Control, and Communications System

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Source file: Laws/federal/codes/united-states-code/title-10/section-171a-council-on-oversight-of-the-national-leadership-command-control-and-comm--338cadaab3.md
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Source location: Title 10, Chapter 7, § 171a; chapter-007-boards-councils-and-committees.md

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**(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 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) Co-Chair.—** 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) 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, 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) Annual Reports.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim). (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) Collection of Assessments on Certain Threats.—** 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim))) 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), 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) 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 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 sections 4172(e) and 4251(d) of this title. **(i) 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. **(j) 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. **(k) 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 111 — Executive department

**(a)** The Department of Defense is an executive department of the United States. **(b)** The Department is composed of the following: (1) The Office of the Secretary of Defense. (2) The Joint Chiefs of Staff. (3) The Joint Staff. (4) The Defense Agencies. (5) Department of Defense Field Activities. (6) The Department of the Army. (7) The Department of the Navy. (8) The Department of the Air Force. (9) The unified and specified combatant commands. (10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. (11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). **(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 221 — Future-years defense program: submission to Congress; consistency in budgeting

**(a)** The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. **(b)** (1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year. (2) Amounts referred to in paragraph (1) are the following: (A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a). (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) in the budget submitted to Congress under that section for any fiscal year.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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10 U.S.C. § 133b — Under Secretary of Defense for Acquisition and Sustainment

**(a) Under Secretary of Defense.—** There is an Under Secretary of Defense for Acquisition and Sustainment, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary shall be appointed from among persons who have an extensive system development, engineering, production, or management background and experience with managing complex programs. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. **(b) Duties and Powers.—** Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall perform such duties and exercise such powers as the Secretary may prescribe, including— (1) serving as the chief acquisition and sustainment officer of the Department of Defense with the mission of delivers end-user capabilities with speed and innovation to counter threats and cost-effectively sustain the military advantage of the United States; (2) establishing policies on, and supervising, all elements of the Department relating to acquisition (including system design, development, appropriate prototyping activities, and production, and procurement of goods and services) and sustainment (including logistics, maintenance, and materiel readiness); (3) establishing policies for access to, and maintenance of, the defense industrial base and materials critical to national security, and policies on contract administration; (4) establishing policies for, and providing oversight, guidance, and coordination with respect to, the nuclear command, control, and communications system; (5) serving as— (A) the principal advisor to the Secretary on acquisition and sustainment in the Depar

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 133b

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 491 — Nuclear weapons employment strategy of the United States: reports on modification of strategy

**(a) Reports.—** By not later than 60 days before the date on which the President implements a nuclear weapons employment strategy of the United States that differs from the nuclear weapons employment strategy of the United States then in force, the President shall submit to Congress a report setting forth the following: (1) A description of the modifications to the nuclear weapons employment strategy, plans, and options of the United States made by the strategy so issued. (2) An assessment of effects of such modification for the nuclear posture of the United States. (3) The implication of such changes on the flexibility and resilience of the strategic forces of the United States and the ability of such forces to support the goals of the United States with respect to nuclear deterrence, extended deterrence, assurance, and defense. (4) The extent to which such modifications include an increased reliance on conventional or non-nuclear global strike capabilities or missile defenses of the United States. **(b) Annual Briefings.—** Not later than March 15 of each year, the Secretary of Defense shall provide to the congressional defense committees a briefing regarding the nuclear weapons employment strategy, plans, and options of the United States. **(c) Reports on Nuclear Posture Review Implementation Study Decisions.—** During each of fiscal years 2022 through 2031, not later than 60 days before the date on which the President carries out the results of the decisions made pursuant to a Nuclear Posture Review Implementation Study that would alter the nuclear weapons employment strategy, guidance, plans, or options of the United States, the President shall— (1) ensure that the report required by [section 492a of this title](https://uscode.house.gov/view.xhtml?req=gran

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 491

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 499 — Annual assessment of cyber resiliency of nuclear command and control system

**(a) In General.—** Not less frequently than annually, the Commander of the United States Strategic Command and the Commander of the United States Cyber Command (in this section referred to collectively as the “Commanders”) shall jointly conduct an assessment of the cyber resiliency of the nuclear command and control system. **(b) Elements.—** In conducting the assessment required by subsection (a), the Commanders shall— (1) conduct an assessment of the sufficiency and resiliency of the nuclear command and control system to operate through a cyber attack from the Russian Federation, the People’s Republic of China, or any other country or entity the Commanders identify as a potential threat; and (2) develop recommendations for mitigating any concerns of the Commanders resulting from the assessment. **(c) Reports Required.—** (1) For each assessment conducted under subsection (a), the Commanders shall jointly submit to the Chairman of the Joint Chiefs of Staff, for submission to the Council on Oversight of the National Leadership Command, Control, and Communications System established under [section 171a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section171a&num=0&edition=prelim), a report on the assessment that includes the following: (A) The recommendations developed under subsection (b)(2). (B) A statement of the degree of confidence of each of the Commanders in the mission assurance of the nuclear deterrent against a top tier cyber threat. (C) A detailed description of the approach used to conduct the assessment required by subsection (a) and the technical basis of conclusions reached in conducting that assessment. (D) Any other comments of the Commanders. (2) The Council shall submit to the Secretary of Defe

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 171a — Council on Oversight of the National

Page 256 TITLE 10—ARMED FORCES § 171 2001—Pub. L. 107–107, div. A, title X, § 1009(a)(2), Dec. 28, 2001, 115 Stat. 1208, added item 185. 2000—Pub. L. 106–398, § 1 [[div. A], title IX, § 912(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–229, added item 184. 1997—Pub. L. 105–85, div. A, title III, § 382(a)(2), title IX, § 904(b), Nov. 18, 1997, 111 Stat. 1711, 1855, added items 182 and 183. 1996—Pub. L. 104–106, div. A, title IX, § 905(a)(2), Feb. 10, 1996, 110 Stat. 404, added item 181. 1991—Pub. L. 102–190, div. A, title V, § 513(b), Dec. 5, 1991, 105 Stat. 1361, added item 180. 1986—Pub. L. 99–661, div. C, title I, § 3137(a)(2), Nov. 14, 1986, 100 Stat. 4066, added item 179. 1983—Pub. L. 98–132, § 2(a)(2), Oct. 17, 1983, 97 Stat. 849, inserted ‘‘The Henry M. Jackson’’ before ‘‘Foundation’’ in item 178. Pub. L. 98–36, § 2(b), May 27, 1983, 97 Stat. 201, added item 178. 1976—Pub. L. 94–361, title VIII, § 811(c), July 14, 1976, 90 Stat. 936, added items 176 and 177. § 171. Armed Forces Policy Council (a) There is in the Department of Defense an Armed Forces Policy Council consisting of— (1) the Secretary of Defense, as Chairman, with the power of decision; (2) the Deputy Secretary of Defense; (3) the Under Secretary of Defense for Acqui- sition and Sustainment; (4) the Under Secretary of Defense for Re- search and Engineering; (5) the Secretary of the Army; (6) the Secretary of the Navy; (7) the Secretary of the Air Force; (8) the Under Secretary of Defense for Pol- icy; (9) the Deputy Under Secretary of Defense for Acquisition and Technology; (10) the Deputy Under Secretary of Defense for Research and Engineering; (11) the Deputy Under Secretary of Defense for Acquisition and Sustainment; (12) the Chairman of the Joint Chiefs of Staff

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Biennial reports on foreign biological threats

**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country. **(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following: (1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities. (2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities. (3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2). (4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein. (5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners. (6) An assessment of foreign malign influence efforts relating to such threats, including any foreign

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Definitions

Page 559 TITLE 50—WAR AND NATIONAL DEFENSE § 3003 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 401 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1958—Pub. L. 85–599 amended section generally, and, among other changes, provided that each military de- partment shall be separately organized, instead of sepa- rately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relat- ing to establishment of unified or specified combatant commands and for elimination of unnecessary duplica- tion. 1949—Act Aug. 10, 1949, provided that the military de- partments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff. § 3003. Definitions As used in this chapter: (1) The term ‘‘intelligence’’ includes foreign intelligence and counterintelligence. (2) The term ‘‘foreign intelligence’’ means information relating to the capabilities, inten- tions, or activities of foreign governments or elements thereof, foreign organizations, or for- eign persons, or international terrorist activi- ties. (3) The term ‘‘counterintelligence’’ means information gathered, and activities con- ducted, to protect against espionage, other in- telligence activities, sabotage, or assassina- tions conducted by or on behalf of foreign gov- ernments or elements thereof, foreign organi- zations, or foreign persons, or international

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