10 U.S.C. § 5551 — Prohibitions relating to 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: