---
kind: "section"
citation: "10 U.S.C. § 5512"
title: "10"
title_heading: "Armed Forces"
number: "5512"
heading: "Ballistic missile defense programs: display of amounts for research, development, test, and evaluation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/5512"
units:
  - "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. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation

- (a) **Requirement.—** Any amount in the budget submitted to Congress under [section 1105 of title 31](/usc/31/1105.md) 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](/usc/10/101.md?p=a-6) 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](/usc/10/101.md?p=a-11).
- (b) **Transfer Criteria.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense [program](/usc/10/2101.md?p=1) 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). The criteria established for such a transfer shall, at a minimum, address the following:
    - (A) The technical maturity of the [program](/usc/10/2101.md?p=1).
    - (B) The availability of [facilities](/usc/10/2700.md?p=2) for production.
    - (C) The commitment of the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned to [procurement](/usc/10/3011.md?p=1) funding for that [program](/usc/10/2101.md?p=1), as shown by funding through the future-years defense [program](/usc/10/2101.md?p=1) and other defense planning documents.
  - (2) The [Secretary](/usc/10/4951.md?p=3) shall submit the criteria established, and any modifications to those criteria, to the [congressional defense committees](/usc/10/101.md?p=a-16).
- (c) **Notification of Transfer.—** Before responsibility for a ballistic missile defense [program](/usc/10/2101.md?p=1) is 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), the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) notice in writing of the [Secretary](/usc/10/4951.md?p=3)’s intent to make that transfer. The [Secretary](/usc/10/4951.md?p=3) shall include with such notice a certification that the [program](/usc/10/2101.md?p=1) has met the criteria established under [subsection (b)](#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](/usc/10/2101.md?p=1) is transferred from 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) in accordance with this section, the [Secretary](/usc/10/4951.md?p=3) of Defense shall ensure that all appropriate conforming changes are made to proposed or projected funding allocations in the future-years defense [program](/usc/10/2101.md?p=1) under [section 221 of this title](/usc/10/221.md) and other [Department](/usc/10/101.md?p=a-6) of Defense [program](/usc/10/2101.md?p=1), budget, and planning documents.
- (e) **Follow-on Research, Development, Test, and Evaluation.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall ensure that, before a ballistic missile defense [program](/usc/10/2101.md?p=1) is 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), roles and responsibilities for research, development, test, and evaluation related to system improvements for that [program](/usc/10/2101.md?p=1) are clearly delineated.

## Source credit

(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2190.)

## Notes

### 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.