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Code · BILL · 114th Congress · H.R. 4909 (Engrossed in House) — To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military c... · Sec. 1641

Sec. 1641. Improvements to Council on Oversight of National Leadership Command, Control, and Communications System

517 words·~2 min read·/bill/114/hr/4909/eh/section-1641·

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Subsection
(d)of section 171a of title 10, United States Code, is amended— 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 in paragraph (2)(C), by inserting before the period the following: (including space system architectures and associated user terminals and ground segments) . Such section is further amended— by redesignating subsection
(i)as subsection (k); and by inserting after subsection
(h)the following new subsections: 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). A system described in this paragraph is any of the following: 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 section 2366(e) of this title. 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— 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. 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 shall jointly submit to the congressional defense committees— 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. . Subsection
(e)of such section is amended 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, .
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