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LegalText 10 U.S.C. § 5512 Ballistic missile defense programs: display of amounts for research, development, test, and evaluation us united_states_code code_section 10 ARMED FORCES 551 MISSILE DEFENSE 5512 10 U.S.C. § 5512 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s5512 data/legal/raw/us/code/title-10/usc10.xml 18efe08ceae6f46a577ff34e3056aea7b17b445ea9d65fb206383abe01891b5c 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 d1e62f6b81a8bbc54e273e7e5dc7e709209a37f88f1aecb3c1f2b2766f8c8849 2026-07-04 official
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10 U.S.C. § 5512 - Ballistic missile defense programs: display of amounts for research, development, test, and evaluation

Text

(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 Secretarys 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.

(Added Pub. L. 118159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2190.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to those in this section were contained in section 224 of this title prior to repeal by Pub. L. 118159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199.