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10 U.S.C. § 5511 — Ballistic missile defense programs: program elements
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Source file: Laws/federal/codes/united-states-code/title-10/section-5511-ballistic-missile-defense-programs-program-elements--f50a015ae5.md
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Source location: Title 10, Chapter 551, § 5511; chapter-551-missile-defense.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
### 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
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 5514
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Federal law — U.S. Code and appendices · legal_authorities
Page 2956
TITLE 10—ARMED FORCES
§ 5511
fense non-standard acquisition and requirements
processes and responsibilities unless, with re-
spect to those proposed changes—
(A) the Secretary, without delegation, has
taken each of the actions specified in para-
graph (2); and
(B) a period of 120 days has elapsed following
the date on which the Secretary submits the
report under subparagraph (C) of such para-
graph.
(2) If the Secretary proposes to make changes
to the missile defense non-standard acquisition
and requirements processes and responsibilities,
the Secretary shall—
(A) consult with the Under Secretary of De-
fense for Research and Engineering, the Under
Secretary of Defense for Acquisition and
Sustainment, the Under Secretary of Defense
for Policy, the Secretaries of the military de-
partments, the Chairman of the Joint Chiefs
of Staff, the Commander of the United States
Strategic Command, the Commander of the
United States Northern Command, and the Di-
rector of the Missile Defense Agency, regard-
ing the changes;
(B) certify to the congressional defense com-
mittees that the Secretary has coordinated
the changes with, and received the views of,
the individuals referred to in subparagraph
(A);
(C) submit to the congressional defense com-
mittees a report that contains—
(i) a description of the changes, the ration-
ale for the changes, and the views of the in-
dividuals referred to in subparagraph (A)
with respect to the changes;
(ii) a certification that the changes will
not impair the missile defense capabilities of
the United States nor degrade the unique
special acquisition authorities of the Missile
Defense Agency; and
(iii) with respect to any such changes to
Department of Defense Directive 5134.09, or
successor directive issued in
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