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10 U.S.C. § 5533 — Required testing of ground-based midcourse defense element of ballistic missile defense system
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 10, Chapter 551, § 5533; chapter-551-missile-defense.md
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**(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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense shall submit to Congress each calendar year, not later than 45 days after the President submits the budget to Congress under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), budget justification documents regarding development and procurement schedules for each weapon system for which fund authorization is required by [section 114(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section114/a&num=0&edition=prelim), and for which any funds for procurement are requested in that budget. The documents shall include data on operational testing and evaluation for each weapon system for which funds for procurement are requested (other than funds requested only for the procurement of units for operational testing and evaluation, or long lead-time items, or both). A weapon system shall also be included in the annual documents required under this subsection in each year thereafter until procurement of that system has been completed or terminated, or the Secretary of Defense certifies, in writing, that such inclusion would not serve any useful purpose and gives his reasons therefor.
**(b)** Any documents required to be submitted under subsection (a) shall include detailed and summarized information with respect to each weapon system covered and shall specifically include each of the following:
(1) The development schedule, including estimated annual costs until development is completed.
(2) The planned procurement schedule, including the best estimate of the Secretary of Defense of the annual costs and units to be procured until procurement is completed.
(3) To the extent required by the second sentence of subsection (a), the r
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4205
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Federal law — U.S. Code and appendices · legal_authorities
Page 2961
TITLE 10—ARMED FORCES
§ 5534
(Added Pub. L. 118–159, div. A, title XVI,
§ 1649(a), Dec. 23, 2024, 138 Stat. 2194.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained 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.
§ 5533. Required testing of ground-based mid-
course 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 De-
fense 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 genera-
tion 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 reli-
ability.
(2) The evaluation of the operational effec-
tiveness of the ground-based midcourse de-
fense element of the ballistic missile defense
system.
(3) The use of threat-representative targets
and critical engagement conditions, including
the use of threat-representative counter-
measures.
(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 com-
ponents or s
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 5533
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.