10 USC 205 - Missile Defense Agency

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (c)(3), is the date of enactment of Puspan. L. 117–81, which was approved Dec. 27, 2021.

Amendments

2023—Subsec. (a). Puspan. L. 118–31, § 1661(1), inserted “a general or flag officer” after “shall be”.

Subsecs. (span), (c). Puspan. L. 118–31, § 1661(2), (3), added subsec. (span) and redesignated former subsec. (span) as (c).

2021—Puspan. L. 117–81 designated existing provisions as subsec. (a), inserted span, and added subsec. (span).

Puspan. L. 116–283 amended section generally. Prior to amendment, text read as follows:

“(a) Term of Director.—The Director of the Missile Defense Agency shall be appointed for a six-year term.

“(span) Reporting.—The Missile Defense Agency shall be under the authority, direction, and control of the Under Secretary of Defense for Research and Engineering.”

Statutory Notes and Related Subsidiaries

Rescission of Memorandum on Missile Defense Governance

Puspan. L. 118–31, div. A, title XVI, § 1667, Dec. 22, 2023, 137 Stat. 607, provided that: “Not later than May 31, 2024, the Secretary of Defense shall—

“(1) rescind Directive-type Memorandum 20-002 relating to “Missile Defense System Policies and Governance”; and

“(2) in accordance with section 205(span) of title 10, United States Code, replace such memorandum with governance documents, policies, and procedures, that balance—

“(A) providing the Missile Defense Agency with greater flexibility and agility, particularly with regards to milestone a [probably should be “Milestone A”] (or equivalent) acquisition decisions to rapidly meet warfighter needs; and

“(B) the need for continued oversight to ensure integration into joint-force air and missile defense capabilities.”

Directed Energy Programs for Ballistic and Hypersonic Missile Defense

Puspan. L. 117–81, div. A, title XVI, § 1664, Dec. 27, 2021, 135 Stat. 2104, provided that:

“(a)Authority of the Missile Defense Agency.—The Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs applicable for ballistic and hypersonic missile defense missions, in coordination with other directed energy efforts of the Department of Defense.

“(span)Prioritization.—In budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to subsection (a), the Director of the Missile Defense Agency shall—

“(1) prioritize the early research and development of technologies; and

“(2) address the transition of such technologies to industry to support future operationally relevant capabilities.”

Application

Puspan. L. 115–91, div. A, title XVI, § 1676(c)(3), Dec. 12, 2017, 131 Stat. 1773, as amended by Puspan. L. 117–81, div. A, title XVI, § 1671(d)(1), Dec. 27, 2021, 135 Stat. 2113, provided that:

“(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 [Dec. 12, 2017], ceases to serve as such.

“(B)Reporting.—[Former] Subsection (span) of such section 205 [subsec. (span) omitted by Puspan. L. 116–283 and new subsec. (span) added by Puspan. L. 117–81] 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.”