---
kind: "section"
citation: "10 U.S.C. § 223a"
title: "10"
title_heading: "Armed Forces"
number: "223a"
heading: "Ballistic missile defense programs: procurement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/223a"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 9 — Defense Budget Matters"
---

# §223a. Ballistic missile defense programs: procurement

- (a) **Budget Justification Materials.—** In the budget justification materials submitted to Congress in support of the [Department](/usc/10/101.md?p=a-6) of Defense budget for any fiscal year (as submitted with the budget of the President under [section 1105(a) of title 31](/usc/31/1105.md?p=a)), the [Secretary](/usc/10/4951.md?p=3) of Defense shall specify, for each ballistic missile defense system element for which the Missile [Defense Agency](/usc/10/101.md?p=a-11) is engaged in planning for production and initial fielding, the following information:
  - (1) The production [rate](/usc/10/101.md?p=b-9) capabilities of the production [facilities](/usc/10/2700.md?p=2) 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](/usc/10/101.md?p=a-11) to the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6).
- (b) **Future-Years Defense Program.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall include in the future-years defense [program](/usc/10/2101.md?p=1) submitted to Congress each year under [section 221 of this title](/usc/10/221.md) an estimate of the amount necessary for [procurement](/usc/10/3011.md?p=1) for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.
- (c) **Performance Criteria.—** The Director of the Missile [Defense Agency](/usc/10/101.md?p=a-11) 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.

## Source credit

(Added Pub. L. 108–136, div. A, title II, § 223(a)(1), Nov. 24, 2003, 117 Stat. 1420; amended Pub. L. 113–291, div. A, title X, § 1060(a)(1), Dec. 19, 2014, 128 Stat. 3502.)

## Notes

### 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 Requirements

For 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.