Page:United States Statutes at Large Volume 115 Part 2.djvu/52

 115 STAT. 1036 PUBLIC LAW 107-107—DEC. 28, 2001 (1) in subsection (a), by striking "procurement" both places it appears and inserting "research, development, test, and evaluation"; and (2) by striking subsections (b) and (c) and inserting the following: "(b) TRANSFER CRITERIA.—(1) The Secretary of Defense shall establish criteria for the transfer of responsibility for a ballistic missile defense program from the Director of the Ballistic Missile Defense Organization to the Secretary of a military department. The criteria established for such a transfer shall, at a minimum, address the following: "(A) The technical maturity of the program. " (B) The availability of facilities for production. "(C) The commitment of the Secretary of the military department concerned to procurement funding for that program, as shown by funding through the future-years defense program and other defense planning documents. "(2) The Secretary shall submit the criteria established, and any modifications to those criteria, to the congressional defense committees. "(c) NOTIFICATION OF TRANSFER.— Before responsibility for a ballistic missile defense program is transferred from the Director of the Ballistic Missile Defense Organization to the Secretary of a military department, the Secretary of Defense shall submit to the congressional defense committees notice in writing of the Secretary's intent to make that transfer. The Secretary shall include with such notice a certification that the program has met the criteria established under subsection (b) for such a transfer. The transfer may then be carried out after the end of the 60-day period beginning on the date of such notice. "(d) CONFORMING BUDGET AND PLANNING TRANSFERS. —When a ballistic missile defense program is transferred from the Ballistic Missile Defense Organization to the Secretary of a military department in accordance with this section, the Secretary of Defense shall ensure that all appropriate conforming changes are made to proposed or projected funding allocations in the future-years defense program under section 221 of this title and other Department of Defense program, budget, and planning documents. " (e) FOLLOW-ON RESEARCH, DEVELOPMENT, TEST, AND EVALUA- TION.— The Secretary of Defense shall ensure that, before a ballistic missile defense program is transferred from the Director of the Ballistic Missile Defense Organization to the Secretary of a military department, roles and responsibilities for research, development, test, and evaluation related to system improvements for that program are clearly defined. "(f) CONGRESSIONAL DEFENSE COMMITTEES. — In this section, the term 'congressional defense committees' means the following: "(1) The Committee on Armed Services and the Committee on Appropriations of the Senate. "(2) The Committee on Armed Services and the Committee on Appropriations of the House of Representatives.". (b) CLERICAL AMENDMENTS.—(1) The heading of that section is amended to read as follows:

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