§ 223a. Ballistic missile defense programs: procurement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title II § 223(a)(1) · 117 Stat. 1392

   Enacted · 10 U.S.C. § 223a

   Added Pub. L. 108–136, div. A, title II, § 223(a)(1), Nov. 24, 2003, 117 Stat. 1420

   Source evidence

   Code source credit
   Added Pub. L. 108–136, div. A, title II, § 223(a)(1), Nov. 24, 2003, 117 Stat. 1420

   Enacted provision · exact public law section
   (1) Chapter 9 of title 10, United States Code, is amended by inserting after section 223 the following new section: “§ 223a. Ballistic missile defense programs: procurement “(a) Budget Justification Materials.— In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall specify, for each ballistic missile defense system element for which the Missile Defense Agency is engaged in planning for production and initial fielding, the following information: “(1) The production rate capabilities of the production facilities planned to be used for production of that element. “(2) The potential date of availability of that element for initial fielding. “(3) The estimated date on which the administration of the acquisition of that element is to be transferred from the Director of the Missile Defense Agency to the Secretary of a military department. “(b) Future-Years Defense Program.— The Secretary of Defense shall include in the future-years defense program submitted to Congress each year under section 221 of this title an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate. “(c) Performance Criteria.— The Director of the Missile Defense Agency shall include in the performance criteria prescribed for planned development phases of the ballistic missile defense system and its elements a description of the intended effectiveness of each such phase against foreign adversary capabilities. “(d) Testing Progress.— The Director of Operational Test and Evaluation shall make available for review by the congressional defense committees the developmental and operational test plans established to assess the effectiveness of the ballistic missile defense system and its elements with respect to the performance criteria described in subsection (c).” .

2. 2014

   Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

   Pub. L. 113–291 div. A title X § 1060(a)(1) · 128 Stat. 3292

   Struck · 10 U.S.C. § 223a(d)

   Pub. L. 113–291 struck out subsec. (d). Text read as follows: “The Director of Operational Test and Evaluation shall make available for review by the congressional defense committees the developmental and operational test plans established to assess the effectiveness of the ballistic missile defense system and its elements with respect to the performance criteria described in subsection (c).”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–291 struck out subsec. (d). Text read as follows: “The Director of Operational Test and Evaluation shall make available for review by the congressional defense committees the developmental and operational test plans established to assess the effectiveness of the ballistic missile defense system and its elements with respect to the performance criteria described in subsection (c).”

   Enacted provision · exact public law section
   (1) Oversight of procurement, test, and operational plans for ballistic missile defense programs.— Section 223a is amended by striking subsection (d).

2 of 2 references resolved to an enrolled provision