Title 10, Armed ForcesRelease 119-110

§5512 Ballistic Missile Defense Programs: Display of Amounts for Research, Development, Test, and Evaluation

Title 10 › Subtitle A — General Military Law › PART VI — ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart A — Elements › CHAPTER 551 — MISSILE DEFENSE › SUBCHAPTER II — BUDGET AND ACQUISITION MATTERS › § 5512

Last updated Sep 22, 2026|Official source

Summary

Any dollar amounts sent to Congress for research, development, test, and evaluation to add a ballistic missile defense piece to the overall missile defense must be shown in the Department of Defense’s Defense-wide RDT&E account and, inside that account, under the Missile Defense Agency subaccount. The Secretary of Defense must make rules for moving a missile defense program from the Missile Defense Agency to a military department. Those rules must at least cover the program’s technical readiness, whether production facilities exist, and whether the military department is committed to buy the system as shown in the future-years defense program and other plans. The Secretary must send those rules and any changes to the congressional defense committees. Before any transfer, the Secretary must give the committees a written notice and certify the program meets the rules. The transfer can happen after 60 days from that notice. When a transfer occurs, the Secretary must update budget and planning documents and clearly assign who will handle follow-on research, development, test, and evaluation.

Full Legal Text

Title 10, §5512

Armed Forces, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 5512

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110