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 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 Page 2959 TITLE 10—ARMED FORCES § 5514 (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 develop- ment (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 pro- gram element or major subprogram shall in- clude the following: (1) A comprehensive schedule, including— (A) research and development milestones; (B) acquisition milestones, including de- sign 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 acqui- sition 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, includ- ing hardware and software; (B) system requirements, including per- formance requirements; (C) how the proposed capability satisfies a capability requirement or performance at- tribute identified through— (i) the missile defense warfighter in- volvement process, as governed by United States Strategic Command Instruction 538–03, or such successor document; or (ii) processes and products approved by the Joint Chiefs of Staff or Joint Require- ments Oversight Council; (D) key knowledge points that must be achieved to permit continuation of the pro- gram and to inform production and deploy- ment 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 sepa- rately 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 re- quirements description is scheduled to be ap- proved; 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 de- scription is not applicable, the rationale for such inapplicability. (4) A test baseline summarizing the com- prehensive test program for the program ele- ment or major subprogram outlined in the in- tegrated master test plan. (c) EXCEPTION TO LIMITATION ON REVISION.— The Director may adjust or revise an acquisition baseline established under this section if the Di- rector submits to the congressional defense committees notification of— (1) a justification for such adjustment or re- vision; (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 re- vised acquisition baseline. (d) OPERATIONS AND SUSTAINMENT COST ESTI- MATES.—The Director shall ensure that each life-cycle cost estimate included in an acquisi- tion baseline pursuant to subsection (b)(3)(A) in- cludes— (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 re- sponsible; and (4)(A) a citation to the source (such as a joint cost estimate or one or more military de- partment estimates) that captures the oper- ations and sustainment costs for which a mili- tary department or other element of the De- partment 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. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2191.) Editorial Notes REFERENCES IN TEXT Section 223 of this title, referred to in subsec. (a)(1)(A), was repealed by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. See section 5511 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 225 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 IMPROVEMENT TO OPERATIONS AND SUSTAINMENT COST ESTIMATES Pub. L. 113–66, div. A, title II, § 231(a), Dec. 26, 2013, 127 Stat. 710, provided that: ‘‘In preparing the acquisition accountability reports on the ballistic missile defense system required by [former] section 225 of title 10, United States Code, the Director of the Missile Defense Agency shall improve the quality of cost estimates re- lating to operations and sustainment that are included in such reports under subsection (b)(3)(A) of such sec- tion, including with respect to the confidence levels of such cost estimates.’’ Page 2960 TITLE 10—ARMED FORCES § 5515 1 So in original. Probably should be ‘‘subsection (a),’’. 2 So in original. Probably should be ‘‘paragraph (2).’’. 3 So in original. Probably should be ‘‘paragraph (1)’’. § 5515. Missile defense and defeat programs: major force program and budget assessment (a) ESTABLISHMENT OF MAJOR FORCE PRO- GRAM.—The Secretary of Defense shall establish a unified major force program for missile de- fense and defeat programs pursuant to section 222(b) of this title to prioritize missile defense and defeat programs in accordance with the re- quirements of the Department of Defense and national security. (b) BUDGET ASSESSMENT.—(1) The Secretary shall include with the defense budget materials for each of fiscal years 2019 through 2030 a report on the budget for missile defense and defeat pro- grams of the Department of Defense. (2) Each report on the budget for missile de- fense and defeat programs of the Department under paragraph (1) shall include the following: (A) An overview of the budget, including— (i) a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the con- tinuing improvement of such missile defense and defeat program), and the amounts appro- priated for such missile defense and defeat programs during the previous fiscal year; and (ii) the specific identification, as a budg- etary line item, for the funding under such programs. (B) An assessment of the budget, including significant changes, priorities, challenges, and risks. (C) Any additional matters the Secretary de- termines appropriate. (3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) DEFINITIONS.—In this section: (1) The term ‘‘budget’’, with respect to a fis- cal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31. (2) The term ‘‘defense budget materials’’, with respect to a fiscal year, means the mate- rials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year. (3) The term ‘‘missile defense and defeat pro- grams’’ means active and passive ballistic mis- sile defense programs, cruise missile defense programs for the homeland, and missile defeat programs. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2193.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 239a of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. SUBCHAPTER III—MISSILE DEFENSE CAPABILITIES § 5531. Technical authority for integrated air and missile defense activities and programs (a) IN GENERAL.—The Director of the Missile Defense Agency is the technical authority of the Department of Defense for integrated air and missile defense activities and programs, includ- ing joint engineering and integration efforts for such activities and programs, including with re- spect to defining and controlling the interfaces of such activities and programs and the alloca- tion of technical requirements for such activi- ties and programs. (b) DETAILEES.—(1) In carrying out the tech- nical authority under paragraph (1),1 the Direc- tor may seek to have staff detailed to the Mis- sile Defense Agency from the Joint Functional Component Command for Integrated Missile De- fense and the Joint Integrated Air and Missile Defense Organization in a number the Director determines necessary in accordance with sub- paragraph (B).2 (2) In detailing staff under subparagraph (A) 3 to carry out the technical authority under para- graph (1), 1 the total number of staff, including detailees, of the Missile Defense Agency who carry out such authority may not exceed the number that is twice the number of such staff carrying out such authority as of January 1, 2016. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2194.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 114–328, div. A, title XVI, § 1686(a), Dec. 23, 2016, 130 Stat. 2628, which was set out in a note under section 4205 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(4), Dec. 23, 2024, 138 Stat. 2199. § 5532. Hypersonic defense capability develop- ment (a) EXECUTIVE AGENT.—The Director of the Missile Defense Agency shall serve as the execu- tive agent for the Department of Defense for the development of a capability by the United States to counter hypersonic boost-glide vehicle capabilities and conventional prompt strike ca- pabilities that may be employed against the United States, the allies of the United States, and the deployed forces of the United States. (b) DUTIES.—In carrying out subsection (a), the Director shall— (1) develop architectures for a hypersonic de- fense capability, from detecting threats to intercepting such threats, that— (A) involves systems of the military de- partments and the Defense Agencies; and (B) includes both kinetic and nonkinetic options for such interception; and (2) not later than September 30, 2017, estab- lish a program of record to develop a hypersonic defense capability.