10 U.S.C. § 5536 — Testing and assessment of missile defense

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