10 U.S.C. § 5513 — Unfunded priorities of the missile defense

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 221 of this title and other Department of Defense program, budget, and planning documents. (e) FOLLOW-ON RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—The Secretary of Defense shall ensure that, before a ballistic missile de- fense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, roles and responsibil- ities for research, development, test, and evalua- tion related to system improvements for that program are clearly delineated. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2190.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 224 of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. § 5513. Unfunded priorities of the missile defense agency:1 annual report (a) REPORTS.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Director of the Mis- sile Defense Agency shall submit to the Sec- retary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the Missile Defense Agency. (b) ELEMENTS.— (1) IN GENERAL.—Each report under sub- section (a) shall specify, for each unfunded pri- ority covered by such report, the following: (A) A summary description of such pri- ority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds rec- ommended in connection with the objectives under subparagraph (A). (C) Account information with respect to such priority, including the following (as ap- plicable): (i) Line Item Number (LIN) for applica- ble procurement accounts. (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. (iii) Sub-activity group (SAG) for appli- cable operation and maintenance ac- counts. (2) PRIORITIZATION OF PRIORITIES.—Each re- port under subsection (a) shall present the un- funded priorities covered by such report in order of urgency of priority. (c) UNFUNDED PRIORITY DEFINED.—In this sec- tion, the term ‘‘unfunded priority’’, in the case of a fiscal year, means a program, activity, or mission requirement of the Missile Defense Agency that— (1) is not funded in the budget of the Presi- dent for the fiscal year as submitted to Con- gress pursuant to section 1105 of title 31, United States Code; (2) is necessary to fulfill a requirement asso- ciated with an operational or contingency plan of a combatant command or other vali- dated requirement; and (3) would have been recommended for fund- ing through the budget referred to in para- graph (1) by the Director of the Missile De- fense Agency in connection with the budget if additional resources had been available for the budget to fund the program, activity, or mis- sion requirement. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2190.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 222b of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. § 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 de- fense system, as specified in section 223 1 of this title; and