10 U.S.C. § 5537 — Limitation on Missile Defense Agency pro-

Page 2962 TITLE 10—ARMED FORCES § 5535 teries 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.) Editorial Notes REFERENCES IN TEXT Section 1681(c) of the John S. McCain National De- fense 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. PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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. § 5535. Development of requirements to support integrated air and missile defense capabili- ties (a) IN GENERAL.—Consistent with the memo- randum of the Chairman of the Joint Chiefs of Staff of January 27, 2014, regarding joint inte- grated air and missile defense, the Vice Chair- man 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 sup- port engagement of strategically important mo- bile or relocatable assets in all phases of conflict in order to achieve the objective of preventing the effective employment of such assets, includ- ing through offensive actions against such as- sets prior to their use. (b) PURPOSE OF REQUIREMENTS.—The require- ments developed pursuant to subsection (a) shall be used and updated, as appropriate, for the pur- pose of informing applicable acquisition pro- grams 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 Chair- man 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 mul- tiple systems, and, as appropriate, the develop- ment of requirements for capabilities to be ac- quired to achieve such integrated operations. (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2196.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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. § 5536. Testing and assessment of missile defense systems prior to production and deployment (a) SUCCESSFUL TESTING REQUIRED PRIOR TO FINAL PRODUCTION OR OPERATIONAL DEPLOY- MENT.—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 sys- tem in order to inform a final production de- cision or an operational deployment deci- sion; and (B) the results of such testing have dem- onstrated a high probability that the cov- ered system— (i) will work in an operationally effec- tive manner; and (ii) has the ability to accomplish the in- tended 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 Oper- ational 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, includ- ing an assessment of whether the covered sys- tem will be sufficiently effective, suitable, and survivable when needed; and (2) submit to the congressional defense com- mittees a written summary of such assess- ment. (c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to alter, modify, or otherwise affect a determination of the Sec- retary with respect to the participation of the Missile Defense Agency in the Joint Capabilities Integration Development System or the acquisi- tion 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 substan- tially 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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. § 5537. Limitation on Missile Defense Agency pro- duction of satellites and ground systems as- sociated with operation of such satellites (a) PRODUCTION OF SATELLITES AND GROUND SYSTEMS.—The Director of the Missile Defense Page 2963 TITLE 10—ARMED FORCES § 5552 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 re- quirements 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 sub- mit to the congressional defense committees a report explaining the reasons for such concur- rence. (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). (Added Pub. L. 118–159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2197.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 117–81, div. A, title XVI, § 1662(a), Dec. 27, 2021, 135 Stat. 2103, which was set out in a note under section 4022 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(2), Dec. 23, 2024, 138 Stat. 2199. SUBCHAPTER IV—MISSILE DEFENSE INFORMATION § 5551. Prohibitions relating to missile defense information and systems (a) CERTAIN ‘‘HIT-TO-KILL’’ TECHNOLOGY AND TELEMETRY DATA.—None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of De- fense may be used to provide the Russian Fed- eration or the People’s Republic of China with ‘‘hit-to-kill’’ technology and telemetry data for missile defense interceptors or target vehicles. (b) OTHER SENSITIVE MISSILE DEFENSE INFOR- MATION.—None of the funds authorized to be ap- propriated or otherwise made available for any fiscal year for the Department of Defense may be used to provide the Russian Federation or the People’s Republic of China with— (1) information relating to velocity at burn- out of missile defense interceptors or targets of the United States; or (2) classified or otherwise controlled missile defense information. (c) EXCEPTION.—The prohibitions in sub- sections (a) and (b) shall not apply to the United States providing to the Russian Federation or the People’s Republic of China information re- garding ballistic missile early warning. (d) INTEGRATION.—None of the funds author- ized to be appropriated or otherwise made avail- able for any fiscal year for the Department of Defense may be obligated or expended to inte- grate a missile defense system of the Russian Federation or a missile defense system of the People’s Republic of China into any missile de- fense system of the United States. (Added and amended Pub. L. 118–159, div. A, title XVI, §§ 1641, 1649(a), Dec. 23, 2024, 138 Stat. 2182, 2198.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 130h of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159, § 1641(1), inserted ‘‘or the People’s Republic of China’’ after ‘‘the Russian Federation’’. Subsec. (b). Pub. L. 118–159, § 1641(2), inserted ‘‘or the People’s Republic of China’’ after ‘‘the Russian Federa- tion’’ in introductory provisions. Subsec. (c). Pub. L. 118–159, § 1641(3), inserted ‘‘or the People’s Republic of China’’ after ‘‘the Russian Federa- tion’’. Statutory Notes and Related Subsidiaries CERTIFICATION REQUIRED FOR RUSSIA AND CHINA TO TOUR CERTAIN MISSILE DEFENSE SITES Pub. L. 117–81, div. A, title XVI, § 1667, Dec. 27, 2021, 135 Stat. 2106, provided that: ‘‘(a) CERTIFICATION.—Before the Secretary of Defense makes a determination with respect to allowing a for- eign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Represent- atives] a certification that— ‘‘(1) the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and ‘‘(2) the Secretary will not share any technical data relating to the covered site with the foreign nation- als. ‘‘(b) TIMING.—The Secretary may not conduct a tour described in subsection (a) until a period of 45 days has elapsed following the date on which the Secretary sub- mits the certification for that tour under such sub- section. ‘‘(c) CONSTRUCTION WITH OTHER REQUIREMENTS.— Nothing in this section shall be construed to supersede or otherwise affect [former] section 130h of title 10, United States Code [see 10 U.S.C. 5551]. ‘‘(d) COVERED SITE.—In this section, the term ‘cov- ered site’ means any of the following: ‘‘(1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense sys- tem. ‘‘(2) An Aegis Ashore site. ‘‘(3) A terminal high altitude area defense battery. ‘‘(4) A ground-based midcourse defense interceptor silo.’’ § 5552. Biannual briefing on missile defense and related activities (a) IN GENERAL.—On or about June 1 and De- cember 1 of each year, the officials specified in subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on matters relat- ing to missile defense policies, operations, tech- nology development, and other similar topics as requested by such committees. (b) OFFICIALS SPECIFIED.—The officials speci- fied in this subsection are the following: