§223. Ballistic missile defense programs: program elements

(a) Program Elements Specified.-In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the amount requested for activities of the Ballistic Missile Defense Organization shall be set forth in accordance with the following program elements:

(1) The Patriot system.

(2) The Navy Area system.

(3) The Theater High-Altitude Area Defense system.

(4) The Navy Theater Wide system.

(5) The Medium Extended Air Defense System.

(6) Joint Theater Missile Defense.

(7) National Missile Defense.

(8) Support Technologies.

(9) Family of Systems Engineering and Integration.

(10) Ballistic Missile Defense Technical Operations.

(11) Threat and Countermeasures.

(12) International Cooperative Programs.

(b) Treatment of Major Defense Acquisition Programs.-Amounts requested for Theater Missile Defense and National Missile Defense major defense acquisition programs shall be specified in individual, dedicated program elements, and amounts appropriated for those programs shall be available only for Ballistic Missile Defense activities.

(c) Management and Support.-The amount requested for each program element specified in subsection (a) shall include requests for the amounts necessary for the management and support of the programs, projects, and activities contained in that program element.

(Added Pub. L. 105–261, div. A, title II, §235(a)(1), Oct. 17, 1998, 112 Stat. 1953 .)

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 104–106, div. A, title II, §251, Feb. 10, 1996, 110 Stat. 233 , which was set out as a note under section 221 of this title, prior to repeal by Pub. L. 105–261, §235(b).

Cooperative Ballistic Missile Defense Program Element

Pub. L. 105–85, div. A, title II, §233, Nov. 18, 1997, 111 Stat. 1663 , provided that:

"(a) Requirement for New Program Element.-The Secretary of Defense shall establish a program element for the Ballistic Missile Defense Organization, to be referred to as the 'Cooperative Ballistic Missile Defense Program', to support technical and analytical cooperative efforts between the United States and other nations that contribute to United States ballistic missile defense capabilities. Except as provided in subsection (b), all international cooperative ballistic missile defense programs of the Department of Defense shall be budgeted and administered through that program element.

"(b) Authority for Exceptions.-The Secretary of Defense may exclude from the program element established pursuant to subsection (a) any international cooperative ballistic missile defense program of the Department of Defense that after the date of the enactment of this Act [Nov. 18, 1997] is designated by the Secretary of Defense (pursuant to applicable Department of Defense acquisition regulations and policy) to be managed as a separate acquisition program.

"(c) Relationship to Other Program Elements.-The program element established pursuant to subsection (a) is in addition to the program elements for activities of the Ballistic Missile Defense Organization required under section 251 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 233; [former] 10 U.S.C. 221 note)."