10 U.S.C. § 5511 — Ballistic missile defense programs: pro-

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 accordance with this subsection, a final draft of the pro- posed modified directive, both in an elec- tronic format and in a hard copy format; and (D) with respect to any such changes to De- partment of Defense Directive 5134.09, or suc- cessor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive de- scribed in subparagraph (C)(iii). (3) In this subsection, the term ‘‘non-standard acquisition and requirements processes and re- sponsibilities’’ means the processes and respon- sibilities described in— (A) the memorandum of the Secretary of De- fense titled ‘‘Missile Defense Program Direc- tion’’ signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this sub- section, or any successor memorandum issued in accordance with this subsection; (B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modi- fications described in Directive-type Memo- randum 20–002 of the Deputy Secretary of De- fense, or any amendments or extensions there- to made before the date of such enactment), or as modified in accordance with this sub- section, or any successor directive issued in accordance with this subsection; and (C) United States Strategic Command In- struction 538–3 titled ‘‘MD Warfighter Involve- ment Process’’, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any suc- cessor instruction issued in accordance with this subsection. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2187.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (c)(3), is the date of enactment of Pub. L. 118–159, which was approved Dec. 23, 2024. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 205 of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. Statutory Notes and Related Subsidiaries RESCISSION OF MEMORANDUM ON MISSILE DEFENSE GOVERNANCE Pub. L. 118–31, div. A, title XVI, § 1667, Dec. 22, 2023, 137 Stat. 607, provided that: ‘‘Not later than May 31, 2024, the Secretary of Defense shall— ‘‘(1) rescind Directive-type Memorandum 20-002 re- lating to ‘Missile Defense System Policies and Gov- ernance’; and ‘‘(2) in accordance with [former] section 205(b) of title 10, United States Code, replace such memo- randum with governance documents, policies, and procedures, that balance— ‘‘(A) providing the Missile Defense Agency with greater flexibility and agility, particularly with re- gards to milestone a [probably should be ‘‘Mile- stone A’’] (or equivalent) acquisition decisions to rapidly meet warfighter needs; and ‘‘(B) the need for continued oversight to ensure integration into joint-force air and missile defense capabilities.’’ DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND HYPERSONIC MISSILE DEFENSE Pub. L. 117–81, div. A, title XVI, § 1664, Dec. 27, 2021, 135 Stat. 2104, provided that: ‘‘(a) AUTHORITY OF THE MISSILE DEFENSE AGENCY.— The Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs appli- cable for ballistic and hypersonic missile defense mis- sions, in coordination with other directed energy ef- forts of the Department of Defense. ‘‘(b) PRIORITIZATION.—In budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to subsection (a), the Director of the Missile Defense Agency shall— ‘‘(1) prioritize the early research and development of technologies; and ‘‘(2) address the transition of such technologies to industry to support future operationally relevant ca- pabilities.’’ SUBCHAPTER II—BUDGET AND ACQUISITION MATTERS § 5511. Ballistic missile defense programs: pro- gram elements (a) PROGRAM ELEMENTS SPECIFIED BY PRESI- DENT.—In the budget justification materials sub- Page 2957 TITLE 10—ARMED FORCES § 5512 mitted to Congress in support of the Department of Defense budget for any fiscal year (as sub- mitted with the budget of the President under section 1105(a) of title 31), the amount requested for activities of the Missile Defense Agency shall be set forth in accordance with such pro- gram elements as the President may specify. (b) SEPARATE PROGRAM ELEMENTS FOR PRO- GRAMS ENTERING ENGINEERING AND MANUFAC- TURING DEVELOPMENT.—(1) The Secretary of De- fense shall ensure that each ballistic missile de- fense program that enters engineering and man- ufacturing development is assigned a separate, dedicated program element. (2) In this subsection, the term ‘‘engineering and manufacturing development’’ means the pe- riod in the course of an acquisition program dur- ing which the primary objectives are to— (A) translate the most promising design ap- proach into a stable, interoperable, producible, supportable, and cost-effective design; (B) validate the manufacturing or produc- tion process; and (C) demonstrate system capabilities through testing. (c) MANAGEMENT AND SUPPORT.—The amount requested for a fiscal year for any program ele- ment specified for that fiscal year pursuant to subsection (a) shall include requests for the amounts necessary for the management and sup- port of the programs, projects, and activities contained in that program element. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2189.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 223 of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. Statutory Notes and Related Subsidiaries BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE DEFENSE AGENCY ACTIVITIES Pub. L. 110–181, div. A, title II, § 223, Jan. 28, 2008, 122 Stat. 39, as amended by Pub. L. 112–81, div. A, title II, § 231(b)(2), Dec. 31, 2011, 125 Stat. 1339, provided that: ‘‘(a) REVISED BUDGET STRUCTURE.—The budget jus- tification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 2009 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) shall set forth separately amounts re- quested for the Missile Defense Agency for each of the following: ‘‘(1) Research, development, test, and evaluation. ‘‘(2) Procurement. ‘‘(3) Operation and maintenance. ‘‘(4) Military construction. ‘‘(b) REVISED BUDGET STRUCTURE FOR FISCAL YEAR 2009.—The budget justification materials submitted to Congress in support of the Department of Defense budg- et for fiscal year 2009 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) shall— ‘‘(1) identify all known and estimated operation and support costs; and ‘‘(2) set forth separately amounts requested for the Missile Defense Agency for each of the following: ‘‘(A) Research, development, test, and evaluation. ‘‘(B) Procurement or advance procurement of long lead items, including for Terminal High Altitude Area Defense firing units 3 and 4, and for Standard Missile-3 Block 1A interceptors. ‘‘(C) Military construction. ‘‘(c) AVAILABILITY OF RDT&E FUNDS FOR FISCAL YEAR 2009.—Upon approval by the Secretary of Defense, and consistent with the plan submitted under subsection (f), funds appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2009 for research, development, test, and evalua- tion for the Missile Defense Agency— ‘‘(1) may be used for the fielding of ballistic missile defense capabilities approved previously by Congress; and ‘‘(2) may not be used for— ‘‘(A) military construction activities; or ‘‘(B) procurement or advance procurement of long lead items, including for Terminal High Altitude Area Defense firing units 3 and 4, and for Standard Missile-3 Block 1A interceptors. ‘‘(d) FULL FUNDING REQUIREMENT NOT APPLICABLE TO USE OF PROCUREMENT FUNDS FOR FISCAL YEARS 2009 AND 2010.—In any case in which funds appropriated pursuant to an authorization of appropriations or otherwise made available for procurement for the Missile Defense Agency for fiscal years 2009 and 2010 are used for the fielding of ballistic missile defense capabilities, the funds may be used for the fielding of those capabilities on an ‘incremental’ basis, notwithstanding any law or policy of the Department of Defense that would other- wise require a ‘full funding’ basis. ‘‘(e) RELATIONSHIP TO OTHER LAW.—Nothing in this provision shall be construed to alter or otherwise affect in any way the applicability of the requirements and other provisions of section 234(a) through (d) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1837; [former] 10 U.S.C. 2431 note). ‘‘(f) PLAN REQUIRED.—Not later than March 1, 2008, the Director of the Missile Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Rep- resentatives a plan for transitioning the Missile De- fense Agency from using exclusively research, develop- ment, test, and evaluation funds to using procurement, military construction, operations and maintenance, and research, development, test, and evaluation funds for the appropriate budget activities, and for transitioning from incremental funding to full funding for fiscal years after fiscal year 2010.’’ REFERENCES TO NEW NAME FOR BALLISTIC MISSILE DEFENSE ORGANIZATION Pub. L. 107–314, div. A, title II, § 225(a), Dec. 2, 2002, 116 Stat. 2486, provided that: ‘‘Any reference to the Bal- listic Missile Defense Organization in any provision of law, regulation, map, document, record, or other paper of the United States shall be considered to be a ref- erence to the Missile Defense Agency.’’ § 5512. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation (a) 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 bal- listic 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, develop- ment, test, and evaluation and, within that ac- count, under the subaccount (or other budget ac- tivity level) for the Missile Defense Agency. (b) TRANSFER CRITERIA.—(1) The Secretary of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Missile De-