USC Subchapter III

in effect

10 U.S.C. § 5531 Technical authority for integrated air and missile defense activities and programs

(a) In General.—Subject to the authority, direction, and control of the Secretary of Defense, 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 system level architectures, 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 subsection (a), 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 paragraph (2). (2) In detailing staff under paragraph (1) to carry out the technical authority under subsection (a), 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.

10 U.S.C. § 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.

10 U.S.C. § 5533 Required testing of ground-based midcourse defense element of ballistic missile defense system

(a) Testing Required.—Except as provided in subsection (c), not less frequently than once each fiscal year, the Director of the Missile Defense Agency shall administer a flight test of the ground-based midcourse defense element of the ballistic missile defense system. Beginning not later than five years after the date on which the next generation interceptor achieves initial operational capability, the Director shall ensure that such flight tests include the next generation interceptor. (b) Requirements.—The Director shall ensure that each test carried out under subsection (a) provides for one or more of the following:(1) The validation of technical improvements made to increase system performance and reliability. (2) The evaluation of the operational effectiveness of the ground-based midcourse defense element of the ballistic missile defense system. (3) The use of threat-representative targets and critical engagement conditions, including the use of threat-representative countermeasures. (4) The evaluation of new configurations of interceptors before they are fielded. (5) The satisfaction of the “fly before buy” acquisition approach for new interceptor components or software. (6) The evaluation of the interoperability of the ground-based midcourse defense element with other elements of the ballistic missile defense systems. (c) Exceptions.—The Director may forgo a test under subsection (a) in a fiscal year under one or more of the following conditions:(1) Such a test would jeopardize national security. (2) Insufficient time considerations between post-test analysis and subsequent pre-test design. (3) Insufficient funding. (4) An interceptor is unavailable. (5) A target is unavailable or is insufficiently representative of threats. (6) The test range or necessary test assets are unavailable. (7) Inclement weather. (8) Any other condition the Director considers appropriate. (d) Certification.—Not later than 45 days after forgoing a test for a condition or conditions under subsection (c)(8), the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a certification setting forth the condition or conditions that caused the test to be forgone under such subsection. (e) Report.—Not later than 45 days after forgoing a test for any condition specified in subsection (c), the Director shall submit to the congressional defense committees a report setting forth the rationale for forgoing the test and a plan to restore an intercept flight test in the Integrated Master Test Plan of the Missile Defense Agency. In the case of a test forgone for a condition or conditions under subsection (c)(8), the report required by this subsection is in addition to the certification required by subsection (d).

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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).