§223a — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must put certain details in the budget papers that go to Congress with the President’s budget each year. For every missile-defense element the Missile Defense Agency is planning to build and first use, the budget must say the planned production rate, the likely date it could be first fielded, and when responsibility for buying it will move from the Agency director to a military department. The Secretary must also include in the yearly future-years defense program a cost estimate for buying each element and explain the reasons for each estimate. The Missile Defense Agency Director must put in the planned development goals a short description of how effective each development phase is meant to be against foreign adversary capabilities.

Title 10, §223a

Armed Forces — Source: USLM XML via OLRC

(a)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), the Secretary of Defense shall specify, for each ballistic missile defense system element for which the Missile Defense Agency is engaged in planning for production and initial fielding, the following information:

(1)The production rate capabilities of the production facilities planned to be used for production of that element.

(2)The potential date of availability of that element for initial fielding.

(3)The estimated date on which the administration of the acquisition of that element is to be transferred from the Director of the Missile Defense Agency to the Secretary of a military department.

(b)The Secretary of Defense shall include in the future-years defense program submitted to Congress each year under section 221 of this title an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.

(c)The Director of the Missile Defense Agency shall include in the performance criteria prescribed for planned development phases of the ballistic missile defense system and its elements a description of the intended effectiveness of each such phase against foreign adversary capabilities.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (d). Pub. L. 113–291 struck out subsec. (d). Text read as follows: “The Director of Operational Test and Evaluation shall make available for review by the congressional defense committees the developmental and operational test plans established to assess the effectiveness of the ballistic missile defense system and its elements with respect to the performance criteria described in subsection (c).”

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (a) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. Implementation of Requirement for Availability of Test Plans Pub. L. 108–136, div. A, title II, § 223(b), Nov. 24, 2003, 117 Stat. 1420, directed that subsec. (d) of this section was to be implemented not later than Mar. 1, 2004.

§223a Ballistic Missile Defense Programs: Procurement