10 U.S.C. § 5502 — Missile defense agency 1

Page 2955 TITLE 10—ARMED FORCES § 5502 1 So in original. Probably should be capitalized as ‘‘Missile De- fense Agency’’. 5534. Integration and interoperability of air and missile defense capabilities. 5535. Development of requirements to support inte- grated air and missile defense capabilities. 5536. Testing and assessment of missile defense systems prior to production and deploy- ment. 5537. Limitation on Missile Defense Agency pro- duction of satellites and ground systems as- sociated with operation of such satellites. SUBCHAPTER IV—MISSILE DEFENSE INFORMATION 5551. Prohibitions relating to missile defense infor- mation and systems. 5552. Biannual briefing on missile defense and re- lated activities. 5553. Provision of information on flight testing of ground-based midcourse national missile defense system. SUBCHAPTER I—ORGANIZATION § 5501. National missile defense policy It is the policy of the United States— (1) to research, develop, test, procure, de- ploy, and sustain, with funding subject to the annual authorization of appropriations for Na- tional Missile Defense, systems that provide effective, layered missile defense capabilities to defeat increasingly complex missile threats in all phases of flight; and (2) to rely on nuclear deterrence to address more sophisticated and larger quantity near- peer intercontinental missile threats to the homeland of the United States. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2187.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 114–328, div. A, title XVI, § 1681(a), Dec. 23, 2016, 130 Stat. 2623, as amended by Pub. L. 116–92, div. A, title XVI, § 1681(a), Dec. 20, 2019, 133 Stat. 1781; Pub. L. 118–31, div. A, title XVI, § 1663, Dec. 22, 2023, 137 Stat. 603, 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)(3), Dec. 23, 2024, 138 Stat. 2199. Statutory Notes and Related Subsidiaries CONGRESSIONAL NOTIFICATION REQUIREMENT WITH RE- SPECT TO INCIDENTS THAT AFFECT AVAILABILITY OF UNITED STATES HOMELAND MISSILE DEFENSES Pub. L. 118–159, div. A, title XVI, § 1646, Dec. 23, 2024, 138 Stat. 2185, provided that: ‘‘(a) REQUIREMENT.—If the Secretary of Defense deter- mines that an incident has affected the availability of the ground-based midcourse defense system, or has im- peded the function of such system, in a manner that in- hibits the capability of such system to adequately re- spond to the operational mission of such system as re- quired by the Commander of the United States North- ern Command, the Secretary shall submit to the appro- priate Members of Congress a notification of such inci- dent by not later than 24 hours after the Secretary makes such determination. ‘‘(b) APPROPRIATE MEMBERS OF CONGRESS DEFINED.— In this section, the term ‘appropriate Members of Con- gress’ means each chair and ranking member of the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].’’ DESIGNATION OF A SENIOR DEFENSE OFFICIAL RESPON- SIBLE FOR ESTABLISHMENT OF NATIONAL INTEGRATED AIR AND MISSILE DEFENSE ARCHITECTURE FOR THE UNITED STATES Pub. L. 118–159, div. A, title XVI, § 1655, Dec. 23, 2024, 138 Stat. 2202, provided that: ‘‘(a) REQUIREMENT.—Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall designate a senior official of the Department of Defense who shall be responsible, subject to appropriations, for the establishment of a national integrated air and missile defense architec- ture for the United States. ‘‘(b) DUTIES.—The duties of the official designated under subsection (a) shall include the following: ‘‘(1) Designing the national integrated air and mis- sile defense architecture for the United States. ‘‘(2) Overseeing development of an integrated mis- sile defense acquisition strategy for the United States. ‘‘(3) Evaluating the budget requests of each mili- tary department and Defense Agency to ensure such budget requests are sufficient to enable the develop- ment of such defense architecture. ‘‘(4) Siting the integrated missile defense systems comprising such defense architecture. ‘‘(5) Overseeing long-term acquisition and sustainment of such defense architecture. ‘‘(6) Such other duties as the Secretary determines appropriate. ‘‘(c) TERMINATION.—The authority of this section shall terminate on the date that is 90 days after the date on which the official designated under subsection (a) determines that the national integrated air and missile defense architecture for the United States has achieved initial operational capability.’’ § 5502. Missile defense agency 1 (a) APPOINTMENT OF DIRECTOR.—The Director of the Missile Defense Agency shall be a general or flag officer appointed for a six-year term. (b) DEPUTY DIRECTOR.—(1) There is a Deputy Director of the Missile Defense Agency, who shall be appointed by the Secretary of Defense from among the general officers on active duty in the Army, Air Force, Marine Corps, or Space Force, or from among the flag officers on active duty in the Navy. In selecting an individual to serve as the Deputy Director, the Secretary of Defense shall select an individual who serves in a different armed force than the armed force in which the Director serves. (2) The Deputy Director shall be appointed for a term of not fewer than two, and not more than four years. (3) The Deputy Director shall be under the au- thority, direction, and control of the Director of the Missile Defense Agency. (4) The Deputy Director shall— (A) carry out such responsibilities as may be assigned by the Director; and (B) serve as acting director during periods of absence by the Director, or at such times as the office of the Director is vacant. (c) NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION AND REQUIREMENTS PROCESSES AND RESPONSIBILITIES.—(1) The Secretary of Defense may not make any changes to the missile de- Page 2956 TITLE 10—ARMED FORCES § 5511 fense non-standard acquisition and requirements processes and responsibilities unless, with re- spect to those proposed changes— (A) the Secretary, without delegation, has taken each of the actions specified in para- graph (2); and (B) a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph (C) of such para- graph. (2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall— (A) consult with the Under Secretary of De- fense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military de- partments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Di- rector of the Missile Defense Agency, regard- ing the changes; (B) certify to the congressional defense com- mittees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A); (C) submit to the congressional defense com- mittees a report that contains— (i) a description of the changes, the ration- ale for the changes, and the views of the in- dividuals referred to in subparagraph (A) with respect to the changes; (ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and (iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the pro- posed modified directive, both in an elec- tronic format and in a hard copy format; and (D) with respect to any such changes to De- partment of Defense Directive 5134.09, or suc- cessor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive de- scribed in subparagraph (C)(iii). (3) In this subsection, the term ‘‘non-standard acquisition and requirements processes and re- sponsibilities’’ means the processes and respon- sibilities described in— (A) the memorandum of the Secretary of De- fense titled ‘‘Missile Defense Program Direc- tion’’ signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this sub- section, or any successor memorandum issued in accordance with this subsection; (B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modi- fications described in Directive-type Memo- randum 20–002 of the Deputy Secretary of De- fense, or any amendments or extensions there- to made before the date of such enactment), or as modified in accordance with this sub- section, or any successor directive issued in accordance with this subsection; and (C) United States Strategic Command In- struction 538–3 titled ‘‘MD Warfighter Involve- ment Process’’, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any suc- cessor instruction issued in accordance with this subsection. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2187.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (c)(3), is the date of enactment of Pub. L. 118–159, which was approved Dec. 23, 2024. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 205 of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. Statutory Notes and Related Subsidiaries RESCISSION OF MEMORANDUM ON MISSILE DEFENSE GOVERNANCE Pub. L. 118–31, div. A, title XVI, § 1667, Dec. 22, 2023, 137 Stat. 607, provided that: ‘‘Not later than May 31, 2024, the Secretary of Defense shall— ‘‘(1) rescind Directive-type Memorandum 20-002 re- lating to ‘Missile Defense System Policies and Gov- ernance’; and ‘‘(2) in accordance with [former] section 205(b) of title 10, United States Code, replace such memo- randum with governance documents, policies, and procedures, that balance— ‘‘(A) providing the Missile Defense Agency with greater flexibility and agility, particularly with re- gards to milestone a [probably should be ‘‘Mile- stone A’’] (or equivalent) acquisition decisions to rapidly meet warfighter needs; and ‘‘(B) the need for continued oversight to ensure integration into joint-force air and missile defense capabilities.’’ DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND HYPERSONIC MISSILE DEFENSE Pub. L. 117–81, div. A, title XVI, § 1664, Dec. 27, 2021, 135 Stat. 2104, provided that: ‘‘(a) AUTHORITY OF THE MISSILE DEFENSE AGENCY.— The Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs appli- cable for ballistic and hypersonic missile defense mis- sions, in coordination with other directed energy ef- forts of the Department of Defense. ‘‘(b) PRIORITIZATION.—In budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to subsection (a), the Director of the Missile Defense Agency shall— ‘‘(1) prioritize the early research and development of technologies; and ‘‘(2) address the transition of such technologies to industry to support future operationally relevant ca- pabilities.’’ SUBCHAPTER II—BUDGET AND ACQUISITION MATTERS § 5511. Ballistic missile defense programs: pro- gram elements (a) PROGRAM ELEMENTS SPECIFIED BY PRESI- DENT.—In the budget justification materials sub-