10 U.S.C. § 5501 — National missile defense policy

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-