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

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”). The Under Secretary of Defense for Policy. The Under Secretary of Defense for Acquisition and Sustainment. The Vice Chairman of the Joint Chiefs of Staff. The Commander of the United States Strategic Command. The Director of the National Security Agency. The Chief Information Officer of the Department of Defense. The Director of the White House Military Office. Such other officers of the Department of Defense as the Secretary may designate. 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. 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. Oversight of performance assessments (including interoperability). Vulnerability identification and mitigation. Architecture development (including space system architectures and associated user terminals and ground segments). Resource prioritization. Such other responsibilities as the Secretary of Defense shall specify for purposes of this section. A description and assessment of the activities of the Council during the previous fiscal year. 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 . 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. 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. 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. 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. 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. 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 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. such assessment as it was submitted to the Chairman; and any comments of the Chairman. 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. 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). Advanced extremely high frequency satellites. The space-based infrared system. The integrated tactical warning and attack assessment system and its command and control system. The enhanced polar system. 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. the Secretary of Defense notifies the congressional defense committees of such proposed change and reduction; and a period of one year elapses following the date of such notification. an explanation for such negative determination; a description of the mitigations that are in place or being put in place as a result of such negative determination; and the plan of the Secretary and the Chairman to ensure that the Council is able to make a positive determination in the following year. the covered acquisition program; the requirements of the program; the development timeline of the program; and the status of the program, including whether the program is delayed and, if so, whether such delay will result in a program schedule delay. each covered acquisition program that is delayed more than 180 days; and any covered acquisition program that should have been included in such reports but was excluded, and the reasons for such exclusion. the nuclear command, control, and communications systems of the United States; or the continuity of government systems of the United States. The President. The Vice President. Such other civilian officials of the United States Government as the President shall designate for purposes of this section. 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. Projected dates for Milestones A, B, and C, including cost thresholds and objectives for major elements of life cycle cost. Projected dates for program design reviews and critical design reviews. Projected dates for developmental and operation tests. Projected dates for initial operational capability and final operational capability. An acquisition program baseline. Program acquisition unit cost and average procurement unit cost. Contract type. Key performance parameters. Key system attributes. A risk register. Technology readiness levels. Manufacturing readiness levels. Integration readiness levels. Any other critical elements that affect the stability of the program. not later than 180 days after the date of the enactment of this Act [ Dec. 12, 2017 ]; and upon completion of the database.”