
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 232(a),]
[CITE: 10USC223]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                    CHAPTER 9--DEFENSE BUDGET MATTERS
 
Sec. 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, Sec. 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, Sec. 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, Sec. 235(b).


          Cooperative Ballistic Missile Defense Program Element

    Pub. L. 105-85, div. A, title II, Sec. 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).''
