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10 U.S.C. § 4604 (ARMED FORCES)
§ 4604. Changes to certain documents
(a) In General.—
Each document referred to in a contract or other agreement for procurement entered into by the Secretary of Defense shall include a notation that—
(1) provides the version of such document that is applicable to such contract or other agreement; and
(2) indicates whether any changes have been made to such document after the issuance of the solicitation pursuant to which such contract or other agreement was entered into.
(b) Unnotated Documents.—
With respect to a document referred to in a contract or other agreement described in subsection (a) that does not include the notation required under such subsection, the version of the document that shall apply with respect to such contract or other agreement is the version in effect at the time of the issuance of the solicitation pursuant to which such contract or other agreement was entered into.
(Added Pub. L. 119–60, div. A, title VIII, § 802(a), Dec. 18, 2025, 139 Stat. 940.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 4621 and 4622 were renumbered sections 7621 and 7622 of this title, respectively.
A prior section 4623, act Aug. 10, 1956, ch. 1041, 70A Stat. 258, provided that the Quartermaster Corps sell not more than 16 ounces of tobacco a month to an enlisted member of the Army on active duty who requests it, prior to repeal by Pub. L. 91–482, § 1(a), Oct. 21, 1970, 84 Stat. 1082.
Prior sections 4624 to 4629 were renumbered sections 7624 to 7629 of this title, respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 119–60, div. A, title VIII, § 802(b), Dec. 18, 2025, 139 Stat. 940, provided that: “The amendment made by subsection (a) [enacting this section] shall apply with respect to a contract or other agreement entered into after the date of the enactment of this Act [Dec. 18, 2025].”
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 if such entity is 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; amended Pub. L. 119–60, div. A, title XVII, § 1701(a)(29), Dec. 18, 2025, 139 Stat. 1209.)
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: Amendments
text: 2025—Subsec. (a). Pub. L. 119–60 inserted “if such entity” before “is a party”.
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. § 4952 (ARMED FORCES)
§ 4952. Purposes
The purposes of the program authorized by this chapter are—
(1) to increase assistance by the Department of Defense to eligible entities furnishing procurement technical assistance to business entities;
(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs; and
(3) to foster innovation for the defense industrial base and to diversify and expand the defense industrial base.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(1)(B), (3), Jan. 1, 2021, 134 Stat. 4287, 4288; Pub. L. 117–81, div. A, title XVII, § 1701(m)(1)(B), (3), Dec. 27, 2021, 135 Stat. 2144, 2145; Pub. L. 119–60, div. A, title VIII, § 861(a), Dec. 18, 2025, 139 Stat. 988.)
heading: Editorial Notes
heading: Codification
text: The text of section 2412 of this title, which was transferred to this section by Pub. L. 116–283, § 1872(a)(3), was based on Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; Pub. L. 99–145, title IX, § 919(a), Nov. 8, 1985, 99 Stat. 692.
Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(A), Dec. 27, 2021, 135 Stat. 2135, 2144, amended Pub. L. 116–283, § 1872(a)(5), which had originally transferred section 2413 of this title to this section and made an amendment in the text. After amendment by Pub. L. 117–81, section 1872(a)(5) of Pub. L. 116–283 instead transferred section 2413 to section 4954 of this title and consequently amended the text of that section.
heading: Amendments
text: 2025—Par. (3). Pub. L. 119–60 added par. (3).
2021—Pub. L. 117–81, § 1701(m)(3), which directed amendment of section “1872(a)(B)” of Pub. L. 116–283, was executed as if it had referred to section “1872(a)(1)(B)” of Pub. L. 116–283, which enacted this section, to reflect the probable intent of Congress.
Pub. L. 116–283, § 1872(a)(3), as amended by Pub. L. 117–81, § 1701(m)(1)(B), transferred the text of section 2412 of this title to this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
heading: Effective Date
text: Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 5513 (ARMED FORCES)
§ 5513. Unfunded priorities of the Missile Defense Agency: 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; amended Pub. L. 119–60, div. A, title XVII, § 1701(a)(33), Dec. 18, 2025, 139 Stat. 1209.)
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.
heading: Amendments
text: 2025—Pub. L. 119–60 substituted “Missile Defense Agency” for “missile defense agency” in section catchline.
10 U.S.C. § 5516 (ARMED FORCES)
§ 5516. Prohibition on privatized or subscription-based missile defense intercept capabilities
(a) Prohibition.—
The Secretary of Defense may only develop, deploy, test, or operate a missile defense system with kinetic missile defense capabilities if—
(1) the missile defense system is owned and operated by the armed forces; and
(2) such capabilities do not use a subscription-based service, a pay-for-service model, or a recurring-fee model to engage or intercept a target.
(b) Inherently Governmental Function.—
The decision to engage in kinetic missile defense activities, including targeting, launch authorization, and engagement of airborne or spaceborne threats, is an inherently governmental function that only officers or employees of the Federal Government or members of the Army, Navy, Air Force, Marine Corps, or Space Force may perform.
(c) Rule of Construction.—
Nothing in this section shall be construed to prohibit the Secretary of Defense from—
(1) entering into contracts with private entities for the research, development, manufacture, maintenance, or testing of missile defense systems;
(2) entering into or carrying out co-production or co-development arrangements, or other cooperative agreements, with allies and partners of the United States with respect to missile defense capabilities; or
(3) procuring commercial services for remote sensing, telemetry, threat tracking, data analysis, data transport, or early warning, if such services do not directly involve the execution or command of kinetic missile defense activities.
(d) Definitions.—
For the purposes of this section:
(1) The term “kinetic missile defense activities” means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy.
(2) The term “kinetic missile defense capabilities” means any system or platform that is designed to be able to carry out kinetic missile defense activities.
(3) The term “subscription-based service” means any arrangement in which a private entity provides ongoing or recurring operational access to missile defense capabilities in exchange for periodic payment.
(Added Pub. L. 119–60, div. A, title XVI, § 1654, Dec. 18, 2025, 139 Stat. 1195.)
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: A prior section 5532, act Aug. 10, 1956, ch. 1041, 70A Stat. 318, set forth classes of persons prohibited from enlisting in the naval service, prior to repeal by Pub. L. 90–235, § 2(a)(3), (b), Jan. 2, 1968, 81 Stat. 756.
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: A prior section 5534, act Aug. 10, 1956, ch. 1041, 70A Stat. 318, set forth term of enlistments in Regular Navy or Regular Marine Corps and provided that Secretary of Navy could prescribe grades or ratings in which such enlistments could be made, prior to repeal by Pub. L. 90–235, § 2(a)(3), (b), Jan. 2, 1968, 81 Stat. 756.
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: A prior section 5535, act Aug. 10, 1956, ch. 1041, 70A Stat. 319, required evidence of age for enlistment of minors in Regular Navy as seamen, seamen apprentices or seamen recruits, prior to repeal by Pub. L. 90–235, § 2(a)(3), (b), Jan. 2, 1968, 81 Stat. 756.
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: A prior section 5536, act Aug. 10, 1956, ch. 1041, 70A Stat. 319, related to extension of service by reason of time lost through misconduct or unauthorized absence, prior to repeal by Pub. L. 85–861, § 36B(13), Sept. 2, 1958, 72 Stat. 1571. See section 972(a) of this title.
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.