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10 U.S.C. § 4663 (ARMED FORCES)
§ 4663. Prohibition on contracting with covered entities that contract with lobbyists for Chinese military companies
(a) Prohibition on Entering Into Contracts With Covered Entities.—
Except as provided in subsection (c), the Secretary of Defense may not enter into a contract with an entity, a parent company of such entity, or a subsidiary of such entity is 1 a party to a contract with a covered lobbyist.
(b) Exception.—
The prohibition in subsection (a) shall not apply with respect to an entity that made reasonable inquires regarding the lobbying activities of another entity and determined such entity was not a covered lobbyist.
(c) Waiver.—
Upon notification to Congress, the Secretary of Defense may waive the requirements of this section.
(d) Definitions.—
In this section:
(1) The term “covered lobbyist” means an entity that engages in lobbying activities for any entity determined to be a Chinese military company listed in accordance with section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
(2) The term “lobbying activities” has the meaning given in section 1045(c) of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 971 note prec.).
(Added Pub. L. 118–159, div. A, title VIII, § 851(a), Dec. 23, 2024, 138 Stat. 1995.)
heading: Editorial Notes
heading: References in Text
text: Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (d)(1), is section 1260H of Pub. L. 116–283, which is set out as a note under section 113 of this title.
Section 1045(c) of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (d)(2), is section 1045(c) of Pub. L. 115–91, which is set out in a note preceding section 971 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 118–159, div. A, title VIII, § 851(b), Dec. 23, 2024, 138 Stat. 1995, provided that: “This section [enacting this section] and the amendments made by this section shall take effect on June 30, 2026.”
10 U.S.C. § 4705 (ARMED FORCES)
§ 4705. Notice of contract cancellation or termination relating to remote or isolated installations
(a) In General.—
Except as provided by subsection (c), not later than 30 days before the date on which the Secretary of Defense or any other official of an element of the Department of Defense cancels or terminates a contract, the Secretary shall submit to Congress a notice of such cancellation or termination if such cancellation or termination involves a reduction in employment of not fewer than—
(1) 50 remote or isolated installation contractor employees; or
(2) 100 employees of contractors, including remote or isolated installation contractor employees.
(b) Requirements.—
A notice described in subsection (a) shall include an assessment of the effect of such cancellation or termination on members of the armed forces.
(c) Waiver.—
(1) The Secretary of Defense may waive the requirements of subsection (a) with respect to the cancellation or termination of a contract if the Secretary determines that such waiver is in the interest of national security.
(2) If the Secretary waives the requirements of subsection (a) with respect to the cancellation or termination of a contract, the Secretary shall submit the notice required by such subsection with respect to such cancellation or termination not later than one week after such cancellation or termination.
(d) Definitions.—
In this section:
(1) The term “remote or isolated installation” means a military installation (as defined in section 2801 of this title) that is a remote military installation, as determined by the Secretary pursuant to the policy required by section 565 of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1781b note).
(2) The term “remote or isolated installation contractor employee” means an individual who—
(A) is an employee of a contractor;
(B) as such an employee, provides goods or services to a remote or isolated installation; and
(C) resides in the same geographic area as such remote or isolated installation.
(Added Pub. L. 118–159, div. A, title VIII, § 808, Dec. 23, 2024, 138 Stat. 1977.)
heading: Editorial Notes
heading: References in Text
text: Section 565 of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (d)(1), is section 565 of Pub. L. 117–81, which is set out as a note under section 1781b of this title.
10 U.S.C. § 5513 (ARMED FORCES)
§ 5513. Unfunded priorities of the missile defense agency:1 annual report
(a) Reports.—
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Director of the Missile Defense Agency shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, and to the congressional defense committees, a report on the unfunded priorities of the Missile Defense Agency.
(b) Elements.—
(1) In general.—
Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
(C) Account information with respect to such priority, including the following (as applicable):
(i) Line Item Number (LIN) for applicable procurement accounts.
(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.
(2) Prioritization of priorities.—
Each report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority.
(c) Unfunded Priority Defined.—
In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of the Missile Defense Agency that—
(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31, United States Code;
(2) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Director of the Missile Defense Agency in connection with the budget if additional resources had been available for the budget to fund the program, activity, or mission requirement.
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2190.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 222b of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 5515 (ARMED FORCES)
§ 5515. Missile defense and defeat programs: major force program and budget assessment
(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 2030 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.
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2193.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 239a of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 5531 (ARMED FORCES)
§ 5531. Technical authority for integrated air and missile defense activities and programs
(a) In General.—
The Director of the Missile Defense Agency is the technical authority of the Department of Defense for integrated air and missile defense activities and programs, including joint engineering and integration efforts for such activities and programs, including with respect to defining and controlling the interfaces of such activities and programs and the allocation of technical requirements for such activities and programs.
(b) Detailees.—
(1) In carrying out the technical authority under paragraph (1),1 the Director may seek to have staff detailed to the Missile Defense Agency from the Joint Functional Component Command for Integrated Missile Defense and the Joint Integrated Air and Missile Defense Organization in a number the Director determines necessary in accordance with subparagraph (B).2
(2) In detailing staff under subparagraph (A) 3 to carry out the technical authority under paragraph (1), 1 the total number of staff, including detailees, of the Missile Defense Agency who carry out such authority may not exceed the number that is twice the number of such staff carrying out such authority as of January 1, 2016.
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2194.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 114–328, div. A, title XVI, § 1686(a), Dec. 23, 2016, 130 Stat. 2628, which was set out in a note under section 4205 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(4), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 5532 (ARMED FORCES)
§ 5532. Hypersonic defense capability development
(a) Executive Agent.—
The Director of the Missile Defense Agency shall serve as the executive agent for the Department of Defense for the development of a capability by the United States to counter hypersonic boost-glide vehicle capabilities and conventional prompt strike capabilities that may be employed against the United States, the allies of the United States, and the deployed forces of the United States.
(b) Duties.—
In carrying out subsection (a), the Director shall—
(1) develop architectures for a hypersonic defense capability, from detecting threats to intercepting such threats, that—
(A) involves systems of the military departments and the Defense Agencies; and
(B) includes both kinetic and nonkinetic options for such interception; and
(2) not later than September 30, 2017, establish a program of record to develop a hypersonic defense capability.
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2194.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 114–328, div. A, title XVI, § 1687, Dec. 23, 2016, 130 Stat. 2629, which was set out in a note under section 4205 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(5), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 5534 (ARMED FORCES)
§ 5534. Integration and interoperability of air and missile defense capabilities
(a) Interoperability of Missile Defense Systems.—
The Vice Chairman of the Joint Chiefs of Staff and the chairman of the Missile Defense Executive Board (pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), acting through the Missile Defense Executive Board, shall ensure the interoperability and integration of the covered air and missile defense capabilities of the United States, including by carrying out operational testing.
(b) Annual Demonstration.—
(1) Except as provided by paragraph (2), the Director of the Missile Defense Agency and the Secretary of the Army shall jointly ensure that not less than one intercept or flight test is carried out each year that demonstrates interoperability and integration among the covered air and missile defense capabilities of the United States.
(2) The Director and the Secretary may waive the requirement in paragraph (1) with respect to an intercept or flight test carried out during the year covered by the waiver if the chairman of the Missile Defense Executive Board—
(A) determines that such waiver is necessary for such year; and
(B) submits to the congressional defense committees notification of such waiver, including an explanation for how such waiver will not negatively affect demonstrating the interoperability and integration among the covered air and missile defense capabilities of the United States.
(c) Definition of Covered Air and Missile Defense Capabilities.—
In this section, the term “covered air and missile defense capabilities” means Patriot air and missile defense batteries and associated interceptors and systems, Aegis ships and associated ballistic missile interceptors (including Aegis Ashore capability), AN/TPY–2 radars, or terminal high altitude area defense batteries and interceptors.
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2196.)
heading: Editorial Notes
heading: References in Text
text: Section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, referred to in subsec. (a), is section 1681(c) of Pub. L. 115–232, div. A, title XVI, Aug. 13, 2018, 132 Stat. 2161, which is not classified to the Code.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 114–92, div. A, title XVI, § 1675, Nov. 25, 2015, 129 Stat. 1131, as amended by Pub. L. 116–92, div. A, title IX, § 902(69), Dec. 20, 2019, 133 Stat. 1551; Pub. L. 116–283, div. A, title X, § 1081(f)(3), Jan. 1, 2021, 134 Stat. 3875, which was set out in a note under section 4205 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(7), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 5535 (ARMED FORCES)
§ 5535. Development of requirements to support integrated air and missile defense capabilities
(a) In General.—
Consistent with the memorandum of the Chairman of the Joint Chiefs of Staff of January 27, 2014, regarding joint integrated air and missile defense, the Vice Chairman of the Joint Chiefs of Staff shall oversee the development of warfighter requirements for persistent and survivable capabilities to detect, identify, determine the status, track, and support engagement of strategically important mobile or relocatable assets in all phases of conflict in order to achieve the objective of preventing the effective employment of such assets, including through offensive actions against such assets prior to their use.
(b) Purpose of Requirements.—
The requirements developed pursuant to subsection (a) shall be used and updated, as appropriate, for the purpose of informing applicable acquisition programs and systems-of-systems architecture planning that are funded through the Military Intelligence Program, the National Intelligence Program, and non-intelligence programs.
(c) Supporting Activities.—
The Vice Chairman shall also oversee the development of the enabling framework for intelligence support for integrated air and missile defense, including concepts for the integrated operation of multiple systems, and, as appropriate, the development of requirements for capabilities to be acquired to achieve such integrated operations.
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2196.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 114–92, div. A, title XVI, § 1687, Nov. 25, 2015, 129 Stat. 1143, which was set out in a note under section 4205 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(8), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 5536 (ARMED FORCES)
§ 5536. Testing and assessment of missile defense systems prior to production and deployment
(a) Successful Testing Required Prior to Final Production or Operational Deployment.—
The Secretary of Defense may not make a final production decision for, or operationally deploy, a covered system unless—
(1) the Secretary ensures that—
(A) sufficient and operationally realistic testing of the covered system is conducted to assess the performance of the covered system in order to inform a final production decision or an operational deployment decision; and
(B) the results of such testing have demonstrated a high probability that the covered system—
(i) will work in an operationally effective manner; and
(ii) has the ability to accomplish the intended mission of the covered system; and
(2) the Director of Operational Test and Evaluation has carried out subsection (b) with respect to such covered system.
(b) Assessment by Director of Operational Test and Evaluation.—
The Director of Operational Test and Evaluation shall—
(1) provide to the Secretary the assessment of the Director, based on the available test data, of the sufficiency, adequacy, and results of the testing of each covered system, including an assessment of whether the covered system will be sufficiently effective, suitable, and survivable when needed; and
(2) submit to the congressional defense committees a written summary of such assessment.
(c) Rule of Construction.—
Nothing in this section shall be construed to alter, modify, or otherwise affect a determination of the Secretary with respect to the participation of the Missile Defense Agency in the Joint Capabilities Integration Development System or the acquisition reporting process under the Department of Defense Directive 5000 series, or to diminish the authority of the Secretary of Defense to deploy a missile defense system at the date on which the Secretary determines appropriate.
(d) Covered System.—
In this section, the term “covered system” means a new or substantially upgraded interceptor or weapon system of the ballistic missile defense system.
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2197.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 113–291, div. A, title XVI, § 1662, Dec. 19, 2014, 128 Stat. 3657, as amended by Pub. L. 115–91, div. A, title XVI, § 1677(b), Dec. 12, 2017, 131 Stat. 1774, which was set out in a note under section 4205 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(9), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 5537 (ARMED FORCES)
§ 5537. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites
(a) Production of Satellites and Ground Systems.—
The Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites.
(b) Prototype Satellites.—
(1) The Director, with the concurrence of the Space Acquisition Council established by section 9021 of this title, may authorize the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency.
(2) Not later than 30 days after the date on which the Space Acquisition Council concurs with the Director with respect to authorizing the production of a prototype satellite under paragraph (1), the chair of the Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence.
(3) The Director may not obligate funds for the production of a prototype satellite under paragraph (1) before the date on which the Space Acquisition Council submits the report for such prototype satellite under paragraph (2).
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2197.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in Pub. L. 117–81, div. A, title XVI, § 1662(a), Dec. 27, 2021, 135 Stat. 2103, which was set out in a note under section 4022 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(2), Dec. 23, 2024, 138 Stat. 2199.
10 U.S.C. § 5552 (ARMED FORCES)
§ 5552. Biannual briefing on missile defense and related activities
(a) In General.—
On or about June 1 and December 1 of each year, the officials specified in subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on matters relating to missile defense policies, operations, technology development, and other similar topics as requested by such committees.
(b) Officials Specified.—
The officials specified in this subsection are the following:
(1) The Assistant Secretary of Defense for Acquisition.
(2) The Assistant Secretary of Defense for Space Policy.
(3) The Director of the Missile Defense Agency.
(4) The Director for Strategy, Plans, and Policy of the Joint Staff.
(c) Delegation.—
An official specified in subsection (b) may delegate the authority to provide a briefing required by subsection (a) to a member of the Senior Executive Service who reports to the official.
(d) Termination.—
The requirement to provide a briefing under subsection (a) shall terminate on January 1, 2028.
(Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2198.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 487 of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199.