Title 10 — Armed Forces
Part VI · Chapter 551 — Missile Defense
§ 5512. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation
Statutory text
Requirement.—
Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for research, development, test, and evaluation for the integration of a ballistic missile defense element into the overall ballistic missile defense architecture shall be set forth under the account of the Department of Defense for Defense-wide research, development, test, and evaluation and, within that account, under the subaccount (or other budget activity level) for the Missile Defense Agency.
Transfer Criteria.—
The Secretary of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Missile Defense Agency to the Secretary of a military department. The criteria established for such a transfer shall, at a minimum, address the following:
The technical maturity of the program.
The availability of facilities for production.
The commitment of the Secretary of the military department concerned to procurement funding for that program, as shown by funding through the future-years defense program and other defense planning documents.
The Secretary shall submit the criteria established, and any modifications to those criteria, to the congressional defense committees.
Notification of Transfer.—
Before responsibility for a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, the Secretary of Defense shall submit to the congressional defense committees notice in writing of the Secretary’s intent to make that transfer. The Secretary shall include with such notice a certification that the program has met the criteria established under subsection (b) for such a transfer. The transfer may then be carried out after the end of the 60-day period beginning on the date of such notice.
Conforming Budget and Planning Transfers.—
When a ballistic missile defense program is transferred from the Missile Defense Agency to the Secretary of a military department in accordance with this section, the Secretary of Defense shall ensure that all appropriate conforming changes are made to proposed or projected funding allocations in the future-years defense program under section 221 of this title and other Department of Defense program, budget, and planning documents.
Follow-on Research, Development, Test, and Evaluation.—
The Secretary of Defense shall ensure that, before a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly delineated.
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.
Pub. L. 118–159 div. A title XVI § 1649(a) · 138 Stat. 2190
Enacted · 10 U.S.C. § 5512
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2190.)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code source credit
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2190.)
0 of 1 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 224 of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), , 138 Stat. 2199.
Credits
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), , 138 Stat. 2190.)