Sec. 1676. ADMINISTRATION OF MISSILE DEFENSE AND DEFEAT PROGRAMS

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## SEC. 1676 ADMINISTRATION OF MISSILE DEFENSE AND DEFEAT PROGRAMS ###

(a)Major Force Program ####

(1)In general Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section: > > ## “SEC. 239a Missile defense and defeat programs: major force program and budget assessment > > **[**[10 U.S.C. 239a](/us/usc/t10/s239a)**]** > > > ### “(a) Establishment of Major Force Program > > The Secretary of Defense shall establish a unified major force program for missile defense and defeat programs pursuant to section 222(b) of this title to prioritize missile defense and defeat programs in accordance with the requirements of the Department of Defense and national security. > > > ### “(b) Budget Assessment > > > ####

(1)> > The Secretary shall include with the defense budget materials for each of fiscal years 2019 through 2023 a report on the budget for missile defense and defeat programs of the Department of Defense. > > > #### “(2) > > Each report on the budget for missile defense and defeat programs of the Department under paragraph

(1)shall include the following: > > > ##### “(A) > > An overview of the budget, including— > > > ###### “(i) > > a comparison between that budget, the previous budget, the most recent and prior future-years defense program submitted to Congress under section 221 of this title (such comparison shall exclude the responsibility for research and development of the continuing improvement of such missile defense and defeat program), and the amounts appropriated for such missile defense and defeat programs during the previous fiscal year; and > > > ###### “(ii) > > the specific identification, as a budgetary line item, for the funding under such programs. > > > ##### “(B) > > An assessment of the budget, including significant changes, priorities, challenges, and risks. > > > ##### “(C) > > Any additional matters the Secretary determines appropriate. > > > #### “(3) > > Each report under paragraph

(1)shall be submitted in unclassified form, but may include a classified annex. > > > ### “(c) Definitions > > In this section: > > > #### “(1) > > The term ‘budget’, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31. > > > #### “(2) > > The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year. > > > #### “(3) > > The term ‘missile defense and defeat programs’ means active and passive ballistic missile defense programs, cruise missile defense programs for the homeland, and missile defeat programs.” > . ####

(2)Clerical amendment **[**[10 U.S.C. 221](/us/usc/t10/s221)**]** The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 239 the following new item:" “239a. Missile defense and defeat programs: major force program and budget assessment.” ". ###

(b)Transition of Ballistic Missile Defense Programs to Military Departments **[**[10 U.S.C. 2431 note](/us/usc/t10/s2431)**]** ####

(1)Requirement Except as provided by paragraph (4), not later than October 1, 2023, the Secretary of Defense shall transfer the acquisition authority and the total obligational authority for each missile defense program described in paragraph

(2)from the Missile Defense Agency to a military department. ####

(2)Missile defense program described A missile defense program described in this paragraph is a missile defense program of the Missile Defense Agency that, as of the date specified in paragraph (1), has received Milestone C approval (as defined in section 2366 of title 10, United States Code) or equivalent approval. ####

(3)Report #####

(A)In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the plans of the Department of Defense for the transition of missile defense programs from the Missile Defense Agency to the military departments pursuant to paragraph (1). #####

(B)Scope The report under subparagraph

(A)shall cover the period covered by the future-years defense program that is submitted under section 221 of title 10, United States Code, in the year in which such report is submitted. #####

(C)Matters included The report under subparagraph

(A)shall include the following: ######

(i)An identification of— ######

(I)the missile defense programs planned to be transitioned from the Missile Defense Agency to the military departments; and ######

(II)the missile defense programs, if any, not planned for transition to the military departments. ######

(ii)The schedule for transition of each missile defense program planned to be transitioned to a military department, and an explanation of such schedule. ######

(iii)A description of— ######

(I)the status of the plans of the Missile Defense Agency and the military departments for the transition of missile defense programs from that agency to the military departments; and ######

(II)the status of any agreement between the Missile Defense Agency and one or more of the military departments on the transition of any such program from that agency to the military departments, including any agreement on the operational test criteria that must be achieved before such transition. ######

(iv)An identification of the element of the Department of Defense (whether the Missile Defense Agency, a military department, or both) that will be responsible for funding each missile defense program to be transitioned to a military department, and at what date. ######

(v)A description of the type of funds that will be used (whether funds for research, development, test, and evaluation, procurement, military construction, or operation and maintenance) for each missile defense program to be transitioned to a military department. ######

(vi)An explanation of the number of systems planned for procurement for each missile defense program to be transitioned to a military department, and the schedule for procurement of each such system. ######

(vii)A description of how the Missile Defense Agency will continue the responsibility for the research and development of improvements to missile defense programs. ####

(4)Termination of requirement The requirement in paragraph

(1)to transfer the authorities specified in such paragraph shall terminate on the date that is 60 days after the date on which the Secretary of Defense submits to the congressional defense committees the report under section 1675(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2117). ###

(c)Role of Missile Defense Agency ####

(1)In general Chapter 8 of title 10, United States Code, is amended by adding at the end the following new section: > > ## “SEC. 205 Missile Defense Agency > > **[**[10 U.S.C. 205](/us/usc/t10/s205)**]** > > > ### “(a) Term of Director > > The Director of the Missile Defense Agency shall be appointed for a six-year term. > > > ### “(b) Reporting > > The Missile Defense Agency shall be under the authority, direction, and control of the Under Secretary of Defense for Research and Engineering.” > . ####

(2)Clerical amendment **[**[10 U.S.C. 191](/us/usc/t10/s191)**]** The table of sections at the beginning of subchapter II of such chapter is amended by adding at the end the following new item:" “205. Missile Defense Agency.” ". ####

(3)Application **[**[10 U.S.C. 205 note](/us/usc/t10/s205)**]** #####

(A)Terms Subsection

(a)of section 205 of title 10, United States Code, as added by paragraph (1), shall apply the day following the date on which the present incumbent in the office of the Director of the Missile Defense Agency, as of the date of the enactment of this Act, ceases to serve as such. #####

(B)Reporting Subsection

(b)of such section 205 shall apply beginning on February 1, 2018. In carrying out such subsection, the Missile Defense Agency shall be under the authority, direction, and control of the Under Secretary of Defense for Research and Engineering in the same manner as the Missile Defense Agency was under the authority, direction, and control of the Under Secretary of Defense for Acquisition, Technology, and Logistics pursuant to Department of Defense Directive 5134.09. Any reference in such Instruction to the Under Secretary of Defense for Acquisition, Technology, and Logistics shall be deemed to be a reference to the Under Secretary of Defense for Research and Engineering, including with respect to the Under Secretary serving as the chair of the Missile Defense Executive Board.

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