1. U.S. Code
  2. title 10
  3. subtitle A
  4. part I
  5. chapter 7
  6. § 171a
  7. notes
Editorial Notes
Amendments

2022—Subsec. (span)(7), (8). Puspan. L. 117–263, § 1672(a), added par. (7) and redesignated former par. (7) as (8).

Subsecs. (h) to (l). Puspan. 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). Puspan. L. 116–283, § 1081(a)(10), substituted “Acquisition” for “Acquisitions”.

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

Puspan. L. 116–283, § 1845(c)(2), as amended by Puspan. L. 117–81, § 1701(span)(14), substituted “sections 4172(e)” for “sections 2366(e)”.

2019—Puspan. L. 116–92 substituted “and Sustainment” for “, Technology, and Logistics” wherever appearing.

2017—Subsec. (f). Puspan. L. 115–91, § 1081(a)(13)(A), substituted “(50 U.S.C. 3003(4)))” for “(50 U.S.C. 3003(4))”.

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

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

2016—Subsec. (d)(1). Puspan. 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). Puspan. L. 114–328, § 1661(a)(2), inserted “(including space system architectures and associated user terminals and ground segments)” before period at end.

Subsec. (e). Puspan. 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). Puspan. L. 114–328, § 1661(c)(2), added par. (6).

Subsecs. (i) to (k). Puspan. L. 114–328, § 1661(span), added subsecs. (i) and (j) and redesignated former subsec. (i) as (k).

2015—Subsec. (e)(5). Puspan. L. 114–92, § 1651(3), added par. (5).

Subsecs. (f) to (i). Puspan. 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 Amendment

Amendment by section 1701(span)(14) of Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by section 1845(c)(2) of Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Department of Defense Instruction

Puspan. 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 Puspan. L. 114–328, set out as a note under section 111 of this title.

Execution and Programmatic Oversight

Puspan. L. 115–91, div. A, title XVI, § 1654(span), 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.”

CITE AS: 10 USC 171a