Title 10, Armed ForcesRelease 119-110

§5514 Acquisition Accountability on the Missile Defense System

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 › § 5514

Last updated Sep 23, 2026|Official source

Summary

The Director of the Missile Defense Agency must create and keep a detailed acquisition baseline for every missile defense program element and for each major subprogram. The baseline must be in place before the work moves into engineering and manufacturing development (or its equivalent) and before production and deployment. The Director cannot change the baseline unless the congressional defense committees get a notice that explains why, spells out the exact changes, and gives the new effective date. Each baseline must include a full schedule (research and development and acquisition milestones, key tests including ground, flight, cyber, and system-level tests, delivery and fielding plans, quantities by year, and planned contract dates); a technical description of the capability (hardware and software), system requirements, how it meets warfighter needs (including the missile defense warfighter involvement process under USSTRATCOM Instruction 538–03 or successor and reviews by the Joint Chiefs or JROC), key knowledge points, and planned improvements; a cost estimate with life-cycle costs broken out (research and development, procurement, military construction, operations and sustainment, disposal), unit cost figures, timing for the program joint cost analysis requirements description or an explanation if it is not prepared or not applicable; and a test baseline that summarizes the integrated master test plan. Life-cycle cost estimates must also list all operations and sustainment costs the Director is responsible for, describe what military departments must cover, show dollar amounts and base year, cite the source(s) and date, and note whether the Office for Cost Assessment and Program Evaluation independently verified the source.

Full Legal Text

Title 10, §5514

Armed Forces, Source: USLM XML via OLRC

(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 defense system, as specified in section 223 of this title; and
(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 development (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 program element or major subprogram shall include the following:
(1)A comprehensive schedule, including—
(A)research and development milestones;
(B)acquisition milestones, including design 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 acquisition 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, including hardware and software;
(B)system requirements, including performance requirements;
(C)how the proposed capability satisfies a capability requirement or performance attribute identified through—
(i)the missile defense warfighter involvement process, as governed by United States Strategic Command Instruction 538–03, or such successor document; or
(ii)processes and products reviewed by the Joint Chiefs of Staff or Joint Requirements Oversight Council;
(D)key knowledge points that must be achieved to permit continuation of the program and to inform production and deployment 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 separately 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 requirements description is scheduled to be approved; 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 description is not applicable, the rationale for such inapplicability.
(4)A test baseline summarizing the comprehensive test program for the program element or major subprogram outlined in the integrated master test plan.
(c)Exception to Limitation on Revision.—
The Director may adjust or revise an acquisition baseline established under this section if the Director submits to the congressional defense committees notification of— (1)
(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 revised acquisition baseline.
(d)Operations and Sustainment Cost Estimates.—
The Director shall ensure that each life-cycle cost estimate included in an acquisition baseline pursuant to subsection (b)(3)(A) includes—
(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 responsible; and
(4)(A)a citation to the source (such as a joint cost estimate or one or more military department estimates) that captures the operations and sustainment costs for which a military department or other element of the Department 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.

Legislative History

Notes & Related Subsidiaries

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 contained 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.

Amendments

2025—Subsec. (b)(2)(C)(ii). Pub. L. 119–60 substituted “reviewed” for “approved”.

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 relating to operations and sustainment that are included in such reports under subsection (b)(3)(A) of such section, including with respect to the confidence levels of such cost estimates.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 5514

Title 10, Armed Forces

Last Updated

Sep 23, 2026

Release point: 119-110