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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 5533 Required testing of ground-based midcourse defense element of ballistic missile defense system us united_states_code code_section 10 ARMED FORCES 551 MISSILE DEFENSE 5533 10 U.S.C. § 5533 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s5533 data/legal/raw/us/code/title-10/usc10.xml 16f7e7e5079797dcc9ac58785d3265130e645254efacc3c61c2558eb6bfa735d 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 b29f9a95cb63267379a3687ccc884530167796cce7827a507a1d7a43f3244148 2026-07-04 official
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10 U.S.C. § 5533 - Required testing of ground-based midcourse defense element of ballistic missile defense system

Text

(a) Testing Required.— Except as provided in subsection (c), not less frequently than once each fiscal year, the Director of the Missile Defense Agency shall administer a flight test of the ground-based midcourse defense element of the ballistic missile defense system. Beginning not later than five years after the date on which the next generation interceptor achieves initial operational capability, the Director shall ensure that such flight tests include the next generation interceptor.

(b) Requirements.— The Director shall ensure that each test carried out under subsection (a) provides for one or more of the following:

(1) The validation of technical improvements made to increase system performance and reliability.

(2) The evaluation of the operational effectiveness of the ground-based midcourse defense element of the ballistic missile defense system.

(3) The use of threat-representative targets and critical engagement conditions, including the use of threat-representative countermeasures.

(4) The evaluation of new configurations of interceptors before they are fielded.

(5) The satisfaction of the “fly before buy” acquisition approach for new interceptor components or software.

(6) The evaluation of the interoperability of the ground-based midcourse defense element with other elements of the ballistic missile defense systems.

(c) Exceptions.— The Director may forgo a test under subsection (a) in a fiscal year under one or more of the following conditions:

(1) Such a test would jeopardize national security.

(2) Insufficient time considerations between post-test analysis and subsequent pre-test design.

(3) Insufficient funding.

(4) An interceptor is unavailable.

(5) A target is unavailable or is insufficiently representative of threats.

(6) The test range or necessary test assets are unavailable.

(7) Inclement weather.

(8) Any other condition the Director considers appropriate.

(d) Certification.— Not later than 45 days after forgoing a test for a condition or conditions under subsection (c)(8), the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a certification setting forth the condition or conditions that caused the test to be forgone under such subsection.

(e) Report.— Not later than 45 days after forgoing a test for any condition specified in subsection (c), the Director shall submit to the congressional defense committees a report setting forth the rationale for forgoing the test and a plan to restore an intercept flight test in the Integrated Master Test Plan of the Missile Defense Agency. In the case of a test forgone for a condition or conditions under subsection (c)(8), the report required by this subsection is in addition to the certification required by subsection (d).

(Added Pub. L. 118159, div. A, title XVI, § 1649(a), Dec. 23, 2024, 138 Stat. 2195.)

Notes

Editorial Notes

Prior ProvisionsA prior section 5533, act Aug. 10, 1956, ch. 1041, 70A Stat. 318, provided for enlistment of minors in naval service, prior to repeal by Pub. L. 90235, § 2(a)(3), (b), Jan. 2, 1968, 81 Stat. 756. Provisions similar to those in this section were contained in Pub. L. 114328, div. A, title XVI, § 1689, Dec. 23, 2016, 130 Stat. 2631, as amended by Pub. L. 11692, div. A, title IX, § 902(97), title XVI, § 1684, Dec. 20, 2019, 133 Stat. 1555, 1783; Pub. L. 11781, div. A, title XVI, § 1668(d), Dec. 27, 2021, 135 Stat. 2107, which was set out in a note under section 4205 of this title, prior to repeal by Pub. L. 118159, div. A, title XVI, § 1649(b)(6), Dec. 23, 2024, 138 Stat. 2199.