Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart I - ORGANIZATION AND GENERAL MILITARY POWERS
Chapter 9 - DEFENSE BUDGET MATTERS
Section 224 - Ballistic missile defense programs: display of amounts for research, development, test, and evaluation

10 U.S.C. § 224

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 224 - 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 ballistic 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, development, test, and evaluation and, within that account, under the subaccount (or other budget activity 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 Defense Agency to the Secretary of a military department. The criteria established for such a transfer shall, at a minimum, address the following:
(A) The technical maturity of the program.
(B) The availability of facilities for production.
(C) The commitment of the Secretary of the military department concerned to procurement funding for that program, as shown by funding through the future-years defense program and other defense planning documents.
(2) The Secretary shall submit the criteria established, and any modifications to those criteria, to the congressional defense committees.
(c) NOTIFICATION OF TRANSFER.-Before responsibility for a ballistic missile defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, 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 beginning on the date of such notice.
(d) CONFORMING BUDGET AND PLANNING TRANSFERS.-When a ballistic missile defense program is transferred from the Missile Defense Agency to the Secretary of a military department in accordance with this section, the Secretary of Defense shall ensure that all appropriate conforming changes are made to proposed or projected 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 defense program is transferred from the Director of the Missile Defense Agency to the Secretary of a military department, roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly delineated.

10 U.S.C. § 224

Added Pub. L. 105-85, div. A, title II, §232(a)(1), Nov. 18, 1997, 111 Stat. 1662; amended Pub. L. 107-107, div. A, title II, §231(a), (b)(1), Dec. 28, 2001, 115 Stat. 1035, 1036; Pub. L. 107-314, div. A, title II, §§222, 225(b)(1)(A), Dec. 2, 2002, 116 Stat. 2485, 2486; Pub. L. 108-136, div. A, title II, §226, title X, §1043(b)(4), Nov. 24, 2003, 117 Stat. 1421, 1611.

EDITORIAL NOTES

AMENDMENTS2003-Subsec. (a). Pub. L. 108-136, §226(b), substituted "the integration of a ballistic missile defense element into the overall ballistic missile defense architecture" for "a Department of Defense missile defense program described in subsection (b)".Subsec. (e). Pub. L. 108-136, §226(a), substituted "before a" for "for each", inserted "is" before "transferred", and substituted "roles and responsibilities" for "responsibility" and "are clearly delineated" for "remains with the Director".Subsec. (f). Pub. L. 108-136, §1043(b)(4), struck out heading and text of subsec. (f). Text read as follows: "In this section, the term 'congressional defense committees' means the following:"(1) The Committee on Armed Services and the Committee on Appropriations of the Senate."(2) The Committee on Armed Services and the Committee on Appropriations of the House of Representatives."2002-Subsecs. (a), (b)(1), (c), (d). Pub. L. 107-314, §225(b)(1)(A), substituted "Missile Defense Agency" for "Ballistic Missile Defense Organization".Subsec. (e). Pub. L. 107-314 substituted "for each" for "before a", "transferred" for "is transferred", "Missile Defense Agency" for "Ballistic Missile Defense Organization", and "responsibility for research, development, test, and evaluation related to system improvements for that program remains with the Director" for "roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly defined".2001- Pub. L. 107-107, §231(b)(1), substituted "research, development, test, and evaluation" for "procurement" in section catchline.Subsec. (a). Pub. L. 107-107, §231(a)(1), substituted "research, development, test, and evaluation" for "procurement" in two places.Subsecs. (b) to (f). Pub. L. 107-107, §231(a)(2), added subsecs. (b) to (f) and struck out former subsecs. (b) and (c) which related to covered programs and core theater ballistic missile defense program, respectively.

Defense Agency
The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
congressional defense committees
The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.