10 U.S.C. § 4205: Weapon systems for which procurement funding requested in budget: development and procurement schedules

The Secretary of Defense shall submit to Congress each calendar year, not later than 45 days after the President submits the budget to Congress under section 1105 of title 31 , budget justification documents regarding development and procurement schedules for each weapon system for which fund authorization is required by section 114(a) of this title , and for which any funds for procurement are requested in that budget. The documents shall include data on operational testing and evaluation for each weapon system for which funds for procurement are requested (other than funds requested only for the procurement of units for operational testing and evaluation, or long lead-time items, or both). A weapon system shall also be included in the annual documents required under this subsection in each year thereafter until procurement of that system has been completed or terminated, or the Secretary of Defense certifies, in writing, that such inclusion would not serve any useful purpose and gives his reasons therefor. The development schedule, including estimated annual costs until development is completed. The planned procurement schedule, including the best estimate of the Secretary of Defense of the annual costs and units to be procured until procurement is completed. To the extent required by the second sentence of subsection (a), the result of all operational testing and evaluation up to the time of the submission of the documents, or, if operational testing and evaluation has not been conducted, a statement of the reasons therefor and the results of such other testing and evaluation as has been conducted. The most efficient production rate, the most efficient acquisition rate, and the minimum sustaining rate, consistent with the program priority established for such weapon system by the Secretary concerned. The term “most efficient production rate” means the maximum rate for each budget year at which the weapon system can be produced with existing or planned plant capacity and tooling, with one shift a day running for eight hours a day and five days a week. The term “minimum sustaining rate” means the production rate for each budget year that is necessary to keep production lines open while maintaining a base of responsive vendors and suppliers. In the case of any weapon system for which procurement funds have not been previously requested and for which funds are first requested by the President in any fiscal year after the Budget for that fiscal year has been submitted to Congress, the same documentation requirements shall be applicable to that system in the same manner and to the same extent as if funds had been requested for that system in that budget. regionally focused; capable of providing boost-phase defense; and achieves an operational capability at the earliest practicable date. refined requirements; conceptual designs; technology readiness assessments; critical technical and operational issues; cost, schedule, performance estimates; and risk reduction plans. refined concepts and designs; engineering trade studies; medium-to-high fidelity digital representations of the space-based ballistic missile intercept weapon system; and a proposed integration and test sequence that could potentially lead to a live-fire boost phase intercept during fiscal year 2022, if the technology has reached sufficient maturity and is economically viable. During the technology risk reduction phase, contractors will define proposed demonstrations to a preliminary design review level prior to a technology development phase down-select. A technology development phase consisting of two competitively awarded contracts to mature the preferred space-based ballistic missile intercept weapon system concepts and to potentially conduct a live-fire boost phase intercept fly-off during fiscal year 2022, if the technology has reached sufficient maturity and is economically viable, with brassboard hardware and prototype software on a path to the operational goal. A concurrent space-based ballistic missile intercept weapon system fire control test bed activity that incrementally incorporates modeling and simulation elements, real-world data, hardware, algorithms, and systems to evaluate with increasing confidence the performance of evolving designs and concepts of such weapon system from target detection to intercept. Any other matters the Director determines appropriate. the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.” The Under Secretary of Defense for Research and Engineering shall serve as the official with principal responsibility for the development and demonstration of directed energy weapons for the Department. The senior official designated under paragraph (1) shall develop a detailed strategic plan to develop, mature, and transition directed energy technologies to acquisition programs of record. Such strategic plan shall include a strategic roadmap for the development and fielding of directed energy weapons and key enabling capabilities for the Department, identifying and coordinating efforts across military departments to achieve overall joint mission effectiveness. To the degree practicable, the senior official designated under paragraph (1) shall use the flexibility of the policies of the Department in effect on the day before the date of the enactment of this Act [ Dec. 23, 2016 ], or any successor policies, to accelerate the development and fielding of directed energy capabilities. The Secretary shall use the flexibility of the policies of the Department in effect on the day before the date of the enactment of this Act [ Dec. 23, 2016 ], or any successor policies, to ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions. The senior official designated under paragraph (1) shall, to the degree practicable, provide technical advice and support to entities in the Department of Defense and the military departments conducting exercises or demonstrations with the purpose of improving the capabilities of or operational viability of technical capabilities supporting directed energy weapons, including supporting military utility assessments of the relevant cost and benefits of directed energy weapon systems. The senior official designated under paragraph (1) shall coordinate with the military departments, Defense Agencies, and the Joint Directed Energy Transition Office to define requirements for directed energy capabilities that address the highest priority warfighting capability gaps of the Department. The Secretary of Defense shall ensure that the senior official designated under paragraph (1) has access to such information on programs and activities of the military departments and other defense agencies as the Secretary considers appropriate to coordinate departmental directed energy efforts. The High Energy Laser Joint Technology Office of the Department of Defense is hereby redesignated as the ‘Joint Directed Energy Transition Office’ (in this subsection referred to as the ‘Office’), and shall report to the official designated under subsection (a)(1). In addition to the functions and duties of the Office in effect on the day before the date of the enactment of this Act [ Dec. 23, 2016 ], the Office shall assist the senior official designated under paragraph (1) of subsection (a) in carrying out paragraphs (2) through (5) of such subsection. The Secretary may make available such funds to the Office for basic research, applied research, advanced technology development, prototyping, studies and analyses, and organizational support as the Secretary considers appropriate to support the efficient and effective development of directed energy systems and technologies, including high-powered microwaves, and transition of those systems and technologies into acquisition programs or operational use. accelerating, when feasible, the fielding of directed energy weapon prototypes that would help counter technological advantages of potential adversaries of the United States; and supporting the military departments, the combatant commanders, and other relevant defense agencies and entities in developing prototypes and demonstrating operational utility of high energy lasers and high powered microwave weapon systems. Criteria required for an application for funding by a military department, defense agency or entity, or a combatant command. The priorities, based on validated requirements or capability gaps, for fielding prototype directed energy weapon system technologies developed by research funding of the Department or industry. Criteria for evaluation of an application for funding or changes to policies or acquisition and business practices by such a department, agency, or command for purposes of improving the effectiveness and efficiency of the program. Funding for a military department, defense agency, or combatant command under the program established under paragraph (1) may only be available for advanced technology development, prototyping, and demonstrations in which the Department of Defense maintains management of the technical baseline and a primary emphasis on technology transition and evaluating military utility to enhance the likelihood that the particular directed energy weapon system will meet the Department end user’s need. Not less frequently than once each year, the Under Secretary shall solicit from the heads of the military departments, the defense agencies, and the combatant commands applications for funding under the program established under paragraph (1) to be used to enter into contracts, cooperative agreements, or other transaction agreements entered into pursuant to section 2371b of title 10 , United States Code [now 10 U.S.C. 4022 ], with appropriate entities for the prototyping or commercialization of technologies. Nothing in this section shall be construed to require any official of the Department of Defense to provide funding under the program to any congressional earmark as defined pursuant to clause 9 of rule XXI of the Rules of the House of Representatives or any congressionally directed spending item as defined pursuant to paragraph 5 of rule XLIV of the Standing Rules of the Senate. In this subsection, the term ‘Under Secretary’ means the Under Secretary of Defense for Research and Engineering in the Under Secretary’s capacity as the official with principal responsibility for the development and demonstration of directed energy weapons pursuant to subsection (a)(1). Not later than 60 days after the date of the enactment of the [William M. (Mac) Thornberry] National Defense Authorization Act for fiscal year [sic] 2021 [ Jan. 1, 2021 ], the Secretary of Defense shall establish a working group to be known as the ‘Directed Energy Working Group’. analyze and evaluate the current and planned directed energy programs of each of the military departments; describing how memoranda of understanding may be used to coordinate the directed energy activities conducted by the Department of Defense using amounts authorized to be appropriated for research, development, test, and evaluation; and proposing the establishment of specific memoranda of understanding between individual organizations and elements of the Department of Defense to facilitate such coordination; identify methods of quickly fielding directed energy capabilities and programs; and develop a compendium on the effectiveness of directed energy weapon systems and integrate the compendium into an overall Joint Effectiveness Manual under the guidance from the Joint Technical Coordination Group for Munitions Effectiveness. The head of the Directed Energy Working Group shall be the Under Secretary of Defense for Research and Engineering or the designee of the Under Secretary. One member from each military department, appointed by the Secretary of the military department concerned. One member appointed by the Under Secretary of Defense for Research and Engineering. One member appointed by the Under Secretary of Defense for Acquisition and Sustainment. One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense. One member appointed by the Director of the Defense Advanced Research Projects Agency. One member appointed by the Director of Operational Test and Evaluation. One member appointed by the Director of the Missile Defense Agency. Such other members as may be appointed by the Secretary of Defense from among individuals serving in the Department of Defense. Members of the Directed Energy Working Group shall be appointed not later than 30 days after the date of the establishment of the working group under paragraph (1). for each organization and element of the Department carrying out work related to directed energy capabilities, cost data and associated program elements for each fiscal year across the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10 , United States Code (as of the time of the briefing); and vehicle or software integration and testing; command, control and targeting architectures; supporting infrastructure requirements; and workforce training. The Directed Energy Working Group established under this subsection shall terminate 9 years after the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 [ Jan. 1, 2021 ].” the capability to defend the homeland from cruise missiles; and left-of-launch ballistic missile defeat capability. The Secretary may designate a single military department or Defense Agency with the acquisition authority described in paragraph (1) or designate a separate military department or Defense Agency for each function specified in such paragraph. In making a designation under paragraph (1), the Secretary shall include a description of the manner in which the military requirements for such capabilities will be validated. The term ‘Defense Agency’ has the meaning given that term in section 101(a)(11) of title 10 , United States Code. The term ‘intelligence community’ has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).” Not later than 180 days after the date of the enactment of this Act [ Nov. 25, 2015 ], the Commander of the United States Strategic Command and the Director of Cost Assessment and Program Evaluation, in coordination with the Director of National Intelligence, shall jointly submit to the appropriate congressional committees a plan for the integration of overhead persistent infrared capabilities to support the missions specified in subsection (b)(1). strategic and theater missile warning; ballistic and cruise missile defense, including with respect to missile tracking, fire control, and kill assessment; technical intelligence supporting missile warning; battlespace awareness; other technical intelligence; civil and environmental missions, including with respect to the collection of weather data; and battle damage assessments; and establish clear benchmarks by which to establish acquisition plans, manning, and budget requirements. The Secretary of Defense shall include, together with, or not later than 30 days after, the budget justification materials submitted to Congress in support of the budget of the Department of Defense for each of fiscal years 2021 through 2028 (as submitted with the budget of the President under section 1105(a) of title 31 , United States Code), a written determination of how the plan under subsection (a) is being implemented. the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.”