Prohibition on privatized or subscription-based missile defense intercept capabilities

10 U.S.C. § 5516
in effect
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(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.

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