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10 U.S.C. § 5514 — Acquisition accountability on the missile defense system

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 5514 — Acquisition accountability on the missile defense system

**(a) Baselines Required.—** (1) In accordance with paragraph (2), the Director of the Missile Defense Agency shall establish and maintain an acquisition baseline for— (A) each program element of the missile defense system, as specified in section 223 11 See References in Text note below. of this title; and (B) each designated major subprogram of such program elements. (2) The Director shall establish an acquisition baseline required by paragraph (1) before the date on which the program element or major subprogram enters— (A) engineering and manufacturing development (or its equivalent); and (B) production and deployment. (3) Except as provided by subsection (c), the Director may not adjust or revise an acquisition baseline established under this section. **(b) Elements of Baselines.—** Each acquisition baseline required by subsection (a) for a program element or major subprogram shall include the following: (1) A comprehensive schedule, including— (A) research and development milestones; (B) acquisition milestones, including design reviews and key decision points; (C) key test events, including ground, flight, and cybersecurity tests and ballistic missile defense system tests; (D) delivery and fielding schedules; (E) quantities of assets planned for acquisition and delivery in total and by fiscal year; and (F) planned contract award dates. (2) A detailed technical description of— (A) the capability to be developed, including hardware and software; (B) system requirements, including performance requirements; (C) how the proposed capability satisfies a capability requirement or performance attribute identified through— (i) the missile defense warfighter involvement process, as governed by United States Strategic Command I

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Stable record: federal_law:legal_authorities:record_usc_484ccf6ff80b5b1ae85f150e
Source file: Laws/federal/codes/united-states-code/title-10/section-5514-acquisition-accountability-on-the-missile-defense-system--da9f1564c0.md
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Source location: Title 10, Chapter 551, § 5514; chapter-551-missile-defense.md

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**(a) Baselines Required.—** (1) In accordance with paragraph (2), the Director of the Missile Defense Agency shall establish and maintain an acquisition baseline for— (A) each program element of the missile defense system, as specified in section 223 11 See References in Text note below. of this title; and (B) each designated major subprogram of such program elements. (2) The Director shall establish an acquisition baseline required by paragraph (1) before the date on which the program element or major subprogram enters— (A) engineering and manufacturing development (or its equivalent); and (B) production and deployment. (3) Except as provided by subsection (c), the Director may not adjust or revise an acquisition baseline established under this section. **(b) Elements of Baselines.—** Each acquisition baseline required by subsection (a) for a program element or major subprogram shall include the following: (1) A comprehensive schedule, including— (A) research and development milestones; (B) acquisition milestones, including design reviews and key decision points; (C) key test events, including ground, flight, and cybersecurity tests and ballistic missile defense system tests; (D) delivery and fielding schedules; (E) quantities of assets planned for acquisition and delivery in total and by fiscal year; and (F) planned contract award dates. (2) A detailed technical description of— (A) the capability to be developed, including hardware and software; (B) system requirements, including performance requirements; (C) how the proposed capability satisfies a capability requirement or performance attribute identified through— (i) the missile defense warfighter involvement process, as governed by United States Strategic Command Instruction 538–03, or such successor document; or (ii) processes and products reviewed by the Joint Chiefs of Staff or Joint Requirements Oversight Council; (D) key knowledge points that must be achieved to permit continuation of the program and to inform production and deployment decisions; and (E) how the Director plans to improve the capability over time. (3) A cost estimate, including— (A) a life-cycle cost estimate that separately identifies the costs regarding research and development, procurement, military construction, operations and sustainment, and disposal; (B) program acquisition unit costs for the program element; (C) average procurement unit costs and program acquisition costs for the program element; (D) an identification of when the document regarding the program joint cost analysis requirements description is scheduled to be approved; and (E) an explanation for why a program joint cost analysis requirements description has not been prepared and approved, and, if a program joint cost analysis requirements description is not applicable, the rationale for such inapplicability. (4) A test baseline summarizing the comprehensive test program for the program element or major subprogram outlined in the integrated master test plan. **(c) Exception to Limitation on Revision.—** The Director may adjust or revise an acquisition baseline established under this section if the Director submits to the congressional defense committees notification of— (1) a justification for such adjustment or revision; (2) the specific adjustments or revisions made to the acquisition baseline, including to the elements described in subsection (b); and (3) the effective date of the adjusted or revised acquisition baseline. **(d) Operations and Sustainment Cost Estimates.—** The Director shall ensure that each life-cycle cost estimate included in an acquisition baseline pursuant to subsection (b)(3)(A) includes— (1) all of the operations and sustainment costs for which the Director is responsible; (2) a description of the operations and sustainment functions and costs for which a military department is responsible; (3) the amount of operations and sustainment costs (dollar value and base year) for which the military department or other element of the Department of Defense is responsible; and (4) (A) a citation to the source (such as a joint cost estimate or one or more military department estimates) that captures the operations and sustainment costs for which a military department or other element of the Department of Defense is responsible; (B) the date the source was prepared; and (C) if and when the source was independently verified by the Office for Cost Assessment and Program Evaluation.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 225 — Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]

### Statutory Notes Section, added Pub. L. 112–81, div. A, title II, § 231(a)(1), Dec. 31, 2011, 125 Stat. 1337; amended Pub. L. 113–66, div. A, title II, § 231(b), Dec. 26, 2013, 127 Stat. 711; Pub. L. 117–263, div. A, title XVI, § 1652, Dec. 23, 2022, 136 Stat. 2948, provided for acquisition accountability reports on the ballistic missile defense system. See [section 5514 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section5514&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 223 — Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]

### Statutory Notes Section, added Pub. L. 105–261, div. A, title II, § 235(a)(1), Oct. 17, 1998, 112 Stat. 1953; amended Pub. L. 107–107, div. A, title II, § 232(a), (b), Dec. 28, 2001, 115 Stat. 1037; Pub. L. 107–314, div. A, title II, § 225(b)(1)(A), Dec. 2, 2002, 116 Stat. 2486; Pub. L. 108–136, div. A, title II, § 221(a), (b)(1), (c)(1), Nov. 24, 2003, 117 Stat. 1419, related to program elements for ballistic missile defense programs. See [section 5511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section5511&num=0&edition=prelim). #### Acquisition Accountability Reports on the Ballistic Missile Defense System Pub. L. 111–383, div. A, title II, § 225, Jan. 7, 2011, 124 Stat. 4170, related to acquisition baselines, elements of baselines, and annual reports, prior to repeal by Pub. L. 112–81, div. A, title II, § 231(b)(1), Dec. 31, 2011, 125 Stat. 1339. #### Cooperative Ballistic Missile Defense Program Element Pub. L. 105–85, div. A, title II, § 233, Nov. 18, 1997, 111 Stat. 1663, as amended by Pub. L. 107–314, div. A, title II, § 225(b)(4)(A), Dec. 2, 2002, 116 Stat. 2486, directed the Secretary of Defense to establish the Cooperative Ballistic Missile Defense Program to support cooperative efforts between the United States and other nations that contributed to United States ballistic missile defense capabilities.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 223

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 5511 — Ballistic missile defense programs: program elements

**(a) Program Elements Specified by President.—** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim)), the amount requested for activities of the Missile Defense Agency shall be set forth in accordance with such program elements as the President may specify. **(b) Separate Program Elements for Programs Entering Engineering and Manufacturing Development.—** (1) The Secretary of Defense shall ensure that each ballistic missile defense program that enters engineering and manufacturing development is assigned a separate, dedicated program element. (2) In this subsection, the term “engineering and manufacturing development” means the period in the course of an acquisition program during which the primary objectives are to— (A) translate the most promising design approach into a stable, interoperable, producible, supportable, and cost-effective design; (B) validate the manufacturing or production process; and (C) demonstrate system capabilities through testing. **(c) Management and Support.—** The amount requested for a fiscal year for any program element specified for that fiscal year pursuant to subsection (a) shall include requests for the amounts necessary for the management and support of the programs, projects, and activities contained in that program element.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 5511

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 5514 — Acquisition accountability on the missile

Page 2958 TITLE 10—ARMED FORCES § 5513 1 So in original. Probably should be capitalized as ‘‘Missile De- fense Agency:’’. 1 See References in Text note below. fense Agency to the Secretary of a military de- partment. The criteria established for such a transfer shall, at a minimum, address the fol- lowing: (A) The technical maturity of the program. (B) The availability of facilities for produc- tion. (C) The commitment of the Secretary of the military department concerned to procure- ment funding for that program, as shown by funding through the future-years defense pro- gram and other defense planning documents. (2) The Secretary shall submit the criteria es- tablished, and any modifications to those cri- teria, to the congressional defense committees. (c) NOTIFICATION OF TRANSFER.—Before respon- sibility for a ballistic missile defense program is transferred from the Director of the Missile De- fense Agency to the Secretary of a military de- partment, 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 be- ginning on the date of such notice. (d) CONFORMING BUDGET AND PLANNING TRANS- FERS.—When a ballistic missile defense program is transferred from the Missile Defense Agency to the Secretary of a military department in ac- cordance with this section, the Secretary of De- fense shall ensure that all appropriate con- forming changes are made to proposed or pro- jected funding allocations in the future-years defense program under section

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 5514

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