Pub. L. 93–155, title VIII, § 803(a)87 Stat. 614Pub. L. 94–106, title VIII, § 80589 Stat. 538Pub. L. 96–513, title V, § 511(5)94 Stat. 2920Pub. L. 97–86, title IX, § 909(c)95 Stat. 1120Pub. L. 97–258, § 3(b)(1)96 Stat. 1063Pub. L. 98–525, title XIV, § 1405(3)98 Stat. 2621Pub. L. 99–433, title I100 Stat. 995Pub. L. 100–180, div. A, title XIII, § 1314(a)(1)101 Stat. 1175Pub. L. 101–510, div. A, title XIII, § 1301(13)104 Stat. 1668Pub. L. 103–355, title III, § 3001108 Stat. 3327Pub. L. 104–106, div. D, title XLIII, § 4321(b)(18)110 Stat. 673Pub. L. 116–283, div. A, title XVIII, § 1846(h)134 Stat. 4251(Added , , , § 139, § 2431; amended , , ; , , ; , , ; , , ; , , ; renumbered § 2431 and amended , §§ 101(a)(5), 110(d)(12), (g)(6), , , 1003, 1004; , , ; , title XIV, § 1484(f)(3), , , 1717; , , ; , , ; renumbered § 4205 and amended , , .)
Editorial Notes
Prior Provisions
Pub. L. 92–156, title V, § 50685 Stat. 429Pub. L. 93–155, § 803(b)(2)Provisions similar to those in this section were contained in , , , prior to repeal by .
Amendments
Pub. L. 116–283, § 1846(h)(2)2021—, amended section catchline generally. Prior to amendment, section catchline read as follows: “Weapons development and procurement schedules”.
Pub. L. 116–283, § 1846(h)(1)section 2431 of this title, renumbered as this section.
Pub. L. 104–106, § 4321(b)(18)(A)(i)1996—Subsec. (b). , substituted “Any documents” for “Any report” in first sentence.
Pub. L. 104–106, § 4321(b)(18)(A)(ii)Subsec. (b)(3). , substituted “the documents” for “the report”.
Pub. L. 104–106, § 4321(b)(18)(B)Subsec. (c). , substituted “documentation” for “reporting”.
Pub. L. 103–355, § 3001(a)1994—Subsec. (a). , substituted “not later than 45 days after” for “at the same time” and “budget justification documents” for “a written report” in first sentence and “documents” for “report” in second and third sentences.
Pub. L. 103–355, § 3001(b)(1)Subsec. (b). , substituted “include each of the following:” for “include—” in introductory provisions.
Pub. L. 103–355, § 3001(b)(2)Subsec. (b)(1) to (3). –(4), capitalized first letter of first word in pars. (1) to (3) and substituted period for semicolon at end of pars. (1) and (2) and period for “; and” at end of par. (3).
Pub. L. 103–355, § 3001(b)(5)Subsec. (b)(4). amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the most efficient production rate and the most efficient acquisition rate consistent with the program priority established for such weapon system by the Secretary concerned.”
Pub. L. 101–510, § 1484(f)(3)1990—Subsec. (b). , substituted “covered and shall specifically include” for “covered, and specifically include, but not be limited to” in introductory provisions.
Pub. L. 101–510, § 1301(13), redesignated subsec. (c) as (b), struck out “or (b)” after “under subsection (a)”, and struck out former subsec. (b) which read as follows: “The Secretary of Defense shall submit a supplemental report to Congress not less than 30, or more than 90, days before the award of any contract, or the exercise of any option in a contract, for the procurement of any such weapon system (other than procurement of units for operational testing and evaluation, or long lead-time items, or both), unless—
“(1) the contractor or contractors for that system have not yet been selected and the Secretary of Defense determines that the submission of that report would adversely affect the source selection process and notifies Congress in writing, prior to such award, of that determination, stating his reasons therefor; or
“(2) the Secretary of Defense determines that the submission of that report would otherwise adversely affect the vital security interests of the United States and notifies Congress in writing of that determination at least 30 days prior to the award, stating his reasons therefor.”
Pub. L. 101–510, § 1301(13)(C)Subsecs. (c), (d). , redesignated subsecs. (c) and (d) as (b) and (c), respectively.
Pub. L. 100–180Pub. L. 99–433, § 101(a)(5)1987— made technical amendment to directory language of . See 1986 Amendment note below.
Pub. L. 99–433, § 101(a)(5)Pub. L. 100–180, § 1314(a)(1)section 139 of this title1986—, as amended by , renumbered as section 2431.
Pub. L. 99–433, § 110(d)(12), substituted “Weapons development and procurement schedules” for “Secretary of Defense: weapons development and procurement schedules for armed forces; reports; supplemental reports” in section catchline.
Pub. L. 99–433, § 110(g)(6)Subsec. (a). , substituted “section 114(a)” for “section 138(a)”.
Pub. L. 98–525, § 1405(3)(B)1984—Subsec. (b). , substituted “30” for “thirty” and “90” for “ninety” in introductory text.
Pub. L. 98–525, § 1405(3)(A)Subsec. (b)(2). , substituted “30” for “thirty”.
Pub. L. 97–258section 1105 of title 3131 U.S.C. 111982—Subsec. (a). substituted “” for “section 201 of the Budget and Accounting Act, 1921 ()”.
Pub. L. 97–861981—Subsec. (c)(4). added par. (4).
Pub. L. 96–51331 U.S.C. 11section 11 of title 311980—Subsec. (a). substituted “section 201 of the Budget and Accounting Act, 1921 ()” for “”.
Pub. L. 94–1061975—Subsec. (b). substituted “or more than ninety, days before” for “or more than sixty, days before”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .
Effective Date of 1996 Amendment
Pub. L. 104–106section 4401 of Pub. L. 104–106section 2220 of this titleFor effective date and applicability of amendment by , see , set out as a note under .
Effective Date of 1987 Amendment
Pub. L. 100–180Pub. L. 99–433section 1314(e) of Pub. L. 100–180section 743 of this titleAmendment by applicable as if included in enactment of the Goldwater-Nichols Department of Defense Reorganization Act of 1986, , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .
Transition of Ballistic Missile Defense Programs to Military Departments
Pub. L. 115–91, div. A, title XVI, § 1676(b)131 Stat. 1772Pub. L. 115–232, div. A, title XVI, § 1679132 Stat. 2161Pub. L. 116–283, div. A, title XVI, § 1643134 Stat. 4062Pub. L. 117–81, div. A, title XVI, § 1663135 Stat. 2104Pub. L. 117–263, div. A, title XVI, § 1655136 Stat. 2950section 1675(b) of Pub. L. 117–81135 Stat. 2113, , , as amended by , , ; , , ; , , ; , , , directed the Secretary of Defense to transfer, not later than —except that such requirement to transfer would terminate 60 days after the Secretary submits the report under ()—the acquisition authority and the total obligational authority for each missile defense program that has received Milestone C approval or equivalent approval as of such date from the Missile Defense Agency to a military department, and directed the Secretary to submit to the congressional defense committees, not later than one year after , a report on the plans for such transition of missile defense programs.
Development of Persistent Space-Based Sensor Architecture
Pub. L. 115–91, div. A, title XVI, § 1683131 Stat. 1777Pub. L. 115–232, div. A, title XVI, § 1675(a)132 Stat. 2159Pub. L. 116–92, div. A, title XVI, § 1683133 Stat. 1782Pub. L. 116–283, div. A, title XVI, § 1645(h)134 Stat. 4064Pub. L. 117–81, div. A, title XVI, § 1662(b)(1)135 Stat. 2103, , , as amended by –(c), (d)(2), , , 2160; , , ; , formerly § 1645(g), , , renumbered § 1645(h), , , , directed the Director of the Missile Defense Agency, in coordination with the Commander of the Air Force Space Command and the Commander of the United States Strategic Command, beginning fiscal year 2019, to develop and rigorously test a highly reliable and cost-effective persistent space-based sensor architecture capable of supporting the ballistic missile defense system, to ensure that the sensor architecture developed is compatible with efforts of the Defense Advanced Research Projects Agency relating to space-based sensors for missile defense, to submit to Congress a report on the available options not later than , to submit to Congress a plan not later than one year after , and to submit to Congress an update to the plan not later than 90 days after .
Boost Phase Ballistic Missile Defense
Pub. L. 115–91, div. A, title XVI, § 1685131 Stat. 1781Pub. L. 115–232, div. A, title XVI, § 1676132 Stat. 2160, , , as amended by , , , directed the Secretary of Defense to ensure that an effective interim kinetic or directed energy boost phase ballistic missile defense capability would be available for initial operational deployment as soon as practicable, directed the Secretary to submit to the congressional defense committees, together with the budget submitted to Congress for fiscal year 2019, a plan to achieve such capability, directed the Director of the Missile Defense Agency, beginning fiscal year 2019, to carry out a program to develop kinetic boost phase intercept capabilities, required an independent study on the feasibility of providing an initial or demonstrated boost phase capability using unmanned aerial vehicles and kinetic interceptors, and directed the Secretary of Defense to submit to the congressional defense committees a report on such study not later than .
Ground-Based Interceptor Capability, Capacity, and Reliability
Pub. L. 115–91, div. A, title XVI, § 1686131 Stat. 1781, , , authorized the Secretary of Defense to increase the number of the ground-based interceptors of the United States and to advance missile defense technologies to improve the capability and reliability of those elements of the ballistic missile defense system, and directed the Director of the Missile Defense Agency to submit to the congressional defense committees, not later than 90 days after the date on which the Ballistic Missile Defense Review commenced in 2017 is published, a report on those efforts.
Plan for Development of Space-Based Ballistic Missile Intercept Layer
Pub. L. 115–91, div. A, title XVI, § 1688131 Stat. 1783Pub. L. 115–232, div. A, title XVI, § 1680132 Stat. 2161Pub. L. 116–92, div. A, title XVI, § 1682133 Stat. 1782
Development .—
Space-based Ballistic Missile Intercept Layer Plan .—
Appropriate Congressional Committees Defined .—
Designation of Department of Defense Senior Official With Principal Responsibility for Directed Energy Weapons
Pub. L. 114–328, div. A, title II, § 219130 Stat. 2053Pub. L. 115–91, div. A, title II, § 215131 Stat. 1326Pub. L. 115–232, div. A, title II132 Stat. 1675Pub. L. 116–283, div. A, title II, § 215134 Stat. 3458Pub. L. 118–159, div. A, title II, § 227138 Stat. 1832
Designation of Senior Official.—
In general .—
Development of strategic plan.—
In general .—
Roadmap .—
Acceleration of development and fielding of directed energy weapons capabilities.—
In general .—
Engagement .—
Advice for exercises and demonstrations .—
Support for development of requirements .—
Availability of information .—
Joint Directed Energy Transition Office.—
Redesignation .—
Additional functions .—
Funding .—
Prototyping and Demonstration Program.—
Establishment .—
Guidelines .—
Applications for funding .—
Under secretary defined .—
Directed Energy Working Group.—
In general .—
Responsibilities .—
Head of working group .—
Membership .—
Deadline for appointment .—
Briefings to congress .—
Termination .—
National Missile Defense Policy
Pub. L. 116–92, div. A, title XVI, § 1681(b)133 Stat. 1781
Pub. L. 114–328, div. A, title XVI, § 1681(a)130 Stat. 2623Pub. L. 116–92, div. A, title XVI, § 1681(a)133 Stat. 1781Pub. L. 118–31, div. A, title XVI, § 1663137 Stat. 603Pub. L. 118–159, div. A, title XVI, § 1649(b)(3)138 Stat. 2199section 5501 of this title, , , as amended by , , ; , , , which related to the national missile defense policy of the United States, was repealed by , , . See .
Designation of Certain Acquisition Authority
Pub. L. 114–328, div. A, title XVI, § 1684(e)130 Stat. 2627
Designation Required.—
Authority .—
Discretion .—
Validation .—
Definitions .—
Technical Authority for Integrated Air and Missile Defense Activities and Programs
Pub. L. 114–328, div. A, title XVI, § 1686(a)130 Stat. 2628Pub. L. 118–159, div. A, title XVI, § 1649(b)(4)138 Stat. 2199section 5531 of this title, , , which provided that the Director of the Missile Defense Agency was the technical authority of the Department of Defense for integrated air and missile defense activities and programs and the Director could seek to have staff detailed to the Missile Defense Agency from the Joint Functional Component Command for Integrated Missile Defense and the Joint Integrated Air and Missile Defense Organization, was repealed by , , . See .
Hypersonic Defense Capability Development
Pub. L. 114–328, div. A, title XVI, § 1687130 Stat. 2629Pub. L. 118–159, div. A, title XVI, § 1649(b)(5)138 Stat. 2199section 5532 of this title, , , which designated the Director of the Missile Defense Agency as the executive agent for the Department of Defense for the development of a capability by the United States to counter hypersonic boost-glide vehicle capabilities and conventional prompt strike capabilities that may be employed against the United States or its allies and directed the Director to establish a program to develop such hypersonic defense capability by not later than , was repealed by , , . See .
Required Testing by Missile Defense Agency of Ground-Based Midcourse Defense Element of Ballistic Missile Defense System
Pub. L. 114–328, div. A, title XVI, § 1689130 Stat. 2631Pub. L. 116–92, div. A, title IX, § 902(97)133 Stat. 1555Pub. L. 117–81, div. A, title XVI, § 1668(d)135 Stat. 2107Pub. L. 118–159, div. A, title XVI, § 1649(b)(6)138 Stat. 2199section 5533 of this title, , , as amended by , title XVI, § 1684, , , 1783; , , , which authorized the Director of the Missile Defense Agency to administer a required flight test of the ground-based midcourse defense element of the ballistic missile defense system and provided exceptions for such required testing, was repealed by , , . See .
Pilot Program on Loss of Unclassified, Controlled Technical Information
Pub. L. 114–328, div. A, title XVI, § 1692130 Stat. 2636Pub. L. 118–159, div. A, title VIII, § 811(a)(1)(E)138 Stat. 1979, , , which authorized the Director of the Missile Defense Agency to carry out a pilot program to implement improvements to the data protection options in the programs of the Missile Defense Agency with unclassified, controlled technical information and controlled unclassified information, was repealed by , , .
Plan on Full Integration and Exploitation of Overhead Persistent Infrared Capability
Pub. L. 114–92, div. A, title XVI, § 1618129 Stat. 1108Pub. L. 116–92, div. A, title XVI, § 1604133 Stat. 1723
Plan .—
Elements .—
Annual Determination .—
Appropriate Congressional Committees Defined .—
Integration and Interoperability of Air and Missile Defense Capabilities of the United States
Pub. L. 114–92, div. A, title XVI, § 1675129 Stat. 1131Pub. L. 116–92, div. A, title IX, § 902(69)133 Stat. 1551Pub. L. 116–283, div. A, title X, § 1081(f)(3)134 Stat. 3875Pub. L. 118–159, div. A, title XVI, § 1649(b)(7)138 Stat. 2199section 5534 of this title, , , as amended by , , ; , , , which authorized the Vice Chairman of the Joint Chiefs of Staff and the chairman of the Missile Defense Executive Board, acting through the Missile Defense Executive Board, to ensure the interoperability and integration of the covered air and missile defense capabilities of the United States, including by carrying out operational testing, was repealed by , , . See .
Boost Phase Defense System
Pub. L. 114–92, div. A, title XVI, § 1680129 Stat. 1137Pub. L. 118–159, div. A, title XVI, § 1649(c)(2)138 Stat. 2200, , , as amended by , , , directed the Secretary of Defense to develop and field an airborne boost phase defense system by not later than fiscal year 2025, and to submit a report on its efforts to the congressional defense committees not later than 120 days after .
Development and Deployment of Multiple-Object Kill Vehicle for Missile Defense of the United States Homeland
Pub. L. 114–92, div. A, title XVI, § 1681129 Stat. 1138Pub. L. 118–159, div. A, title XVI, § 1649(c)(3)138 Stat. 2200, , , which directed the Director of the Missile Defense Agency to develop a highly reliable multiple-object kill vehicle for the ground-based midcourse defense system using sound acquisition practices, and to include in the budget justification materials submitted to Congress for fiscal year 2017 a report on the funding profile necessary for the program, was repealed by , , .
Requirement To Replace Capability Enhancement I Exoatmospheric Kill Vehicles
Pub. L. 114–92, div. A, title XVI, § 1682129 Stat. 1139, , , directed the Director of the Missile Defense Agency to ensure, to the maximum extent practicable, that all remaining ground-based interceptors of the ground-based midcourse defense system that are armed with the capability enhancement I exoatmospheric kill vehicle were replaced with the redesigned exoatmospheric kill vehicle before .
Additional Missile Defense Sensor Coverage for Protection of United States Homeland
Pub. L. 114–92, div. A, title XVI, § 1684129 Stat. 1140, , , directed the Director of the Missile Defense Agency to deploy, not later than , a long-range discrimination radar or other sensor capability to defend the United States from long-range ballistic missile threats from Iran, and to include in the budget justification materials submitted to Congress for fiscal years 2017 to 2020 the plan to carry out such deployment.
Concept Development of Space-Based Missile Defense Layer
Pub. L. 114–92, div. A, title XVI, § 1685129 Stat. 1142Pub. L. 114–328, div. A, title XVI, § 1683130 Stat. 2624, , , as amended by , , , directed the Director of the Missile Defense Agency, in coordination with the Secretary of the Air Force and the Director of the Defense Advanced Research Projects Agency, to commence, not later than 30 days after , the concept definition of a space-based ballistic missile intercept layer to the ballistic missile defense system, and directed the Director of the Missile Defense Agency to submit to the congressional defense committees, not later than 1 year after , a plan for developing one or more programs for a space-based ballistic missile intercept layer, and to commence research and development of such programs not later than 60 days after the submittal of the plan.
Development of Requirements To Support Integrated Air and Missile Defense Capabilities
Pub. L. 114–92, div. A, title XVI, § 1687129 Stat. 1143Pub. L. 118–159, div. A, title XVI, § 1649(b)(8)138 Stat. 2199section 5535 of this title, , , which authorized the Vice Chairman of the Joint Chiefs of Staff to oversee the development of warfighter requirements to support integrated air and missile defense capabilities, was repealed by , , . See .
Testing and Assessment of Missile Defense Systems Prior to Production and Deployment
Pub. L. 113–291, div. A, title XVI, § 1662128 Stat. 3657Pub. L. 115–91, div. A, title XVI, § 1677(b)131 Stat. 1774Pub. L. 118–159, div. A, title XVI, § 1649(b)(9)138 Stat. 2199section 5536 of this title, , , as amended by , , , which prohibited the Secretary of Defense from making a final production decision for, or from operationally deploying, certain components of the ballistic missile defense system without sufficient and operationally realistic testing, was repealed by , , . See .
section 1662 of Pub. L. 113–291section 1061 of Pub. L. 114–328section 111 of this title[For termination, effective , of reporting provisions in subsecs. (c)(2) and (d)(2) of , formerly set out above, see , set out as a note under .]
Acquisition Plan for Re-Designed Exo-Atmospheric Kill Vehicle
Pub. L. 113–291, div. A, title XVI, § 1663128 Stat. 3658, , , directed the Secretary of Defense to develop an acquisition plan for the re-design of the exo-atmospheric kill vehicle of the ground-based midcourse defense system, and required the Director of the Missile Defense Agency to submit a report to the congressional defense committees on such plan.
Additional Missile Defense Radar for the Protection of the United States Homeland
Pub. L. 113–66, div. A, title II, § 235127 Stat. 714, , , directed the Director of the Missile Defense Agency to deploy a long-range discriminating radar against long-range ballistic missile threats from the Democratic People’s Republic of Korea, directed the Secretary of Defense to ensure that the Secretary was able to deploy additional tracking and discrimination sensor capabilities to defend the United States from future long-range ballistic missile threats from Iran, and required submission to the congressional defense committees of a report on the sensor capabilities of the United States not later than 180 days after .
Plans To Improve the Ground-Based Midcourse Defense System
Pub. L. 113–66, div. A, title II, § 237127 Stat. 717, , , directed the Director of the Missile Defense Agency to develop options to achieve an improved kill assessment capability for the ground-based midcourse defense system by not later than , to develop an interim capability for improved hit assessment for the ground-based midcourse defense system that could be integrated into near-term exo-atmospheric kill vehicle upgrades and refurbishment, and to submit a report on such development not later than , and directed the Director of the Missile Defense Agency to submit a plan to develop and deploy an upgraded enhanced exo-atmospheric kill vehicle not later than 120 days after .
Limitation on Availability of Funds for Missile Defense Interceptors in Europe
Pub. L. 111–383, div. A, title II, § 223(a)124 Stat. 4168Pub. L. 111–84123 Stat. 2235Pub. L. 118–159, div. A, title XVI, § 1649(c)(4)138 Stat. 2200–(d), , , 4169, which prohibited the expenditure of Department of Defense funds for the construction or deployment of missile defense interceptors in Europe until the host nation ratified a missile defense basing agreement and a status of forces agreement authorizing such interceptors and the Secretary of Defense submitted to the congressional defense committees the report on the independent assessment of alternative missile defense systems in Europe required by section 235(c)(2) of the National Defense Authorization Act for Fiscal Year 2010 (, ), was repealed by , , .
Limitation on Availability of Funds for Procurement, Construction, and Deployment of Missile Defenses in Europe
Pub. L. 110–417122 Stat. 4393Pub. L. 111–383, div. A, title X, § 1075(e)(3)124 Stat. 4374, [div. A], title II, § 233, , , as amended by , , , prohibited the expenditure of Department of Defense funds for a long-range missile defense system in Europe unless the host nation ratified a missile defense basing agreement, and required a further certification to Congress by the Secretary of Defense.
Policy of the United States on Protection of the United States and its Allies Against Iranian Ballistic Missiles
Pub. L. 110–181, div. A, title II, § 229122 Stat. 45, , , set forth as the policy of the United States to develop, along with its allies, a defense against Iranian ballistic missiles and to encourage the NATO alliance to accelerate its efforts to protect NATO territory against the threat of Iranian ballistic missiles.
Policy of the United States on Priorities in the Development, Testing, and Fielding of Missile Defense Capabilities
Pub. L. 109–364, div. A, title II, § 223120 Stat. 2130Pub. L. 118–159, div. A, title XVI, § 1649(c)(5)138 Stat. 2200, , , which set forth as the policy of the United States that the Department of Defense prioritize the development, testing, fielding, and improvement of effective near-term missile defense capabilities, was repealed by , , .
Plans for Test and Evaluation of Operational Capability of the Ballistic Missile Defense System
Pub. L. 109–163, div. A, title II, § 234119 Stat. 3174Pub. L. 109–364, div. A, title II, § 225120 Stat. 2130, , , as amended by , , , directed the operational and test components of the Department of Defense to prepare a plan to test the operational capability of each block of the Ballistic Missile Defense System, and directed the Director of Operational Test and Evaluation to submit a report to the congressional defense committees.
Integration of Patriot Advanced Capability-3 and Medium Extended Air Defense System Into Ballistic Missile Defense System
Pub. L. 108–375, div. A, title II, § 232118 Stat. 1835, , , designated the Patriot Advanced Capability-3/Medium Extended Air Defense System air and missile defense program as an element of the Ballistic Missile Defense System, prohibited the Secretary of the Army from making any significant change to the baseline technical specifications or the baseline schedule for the PAC–3/MEADS program without the concurrence of the Director of the Missile Defense Agency, and directed the Secretary of Defense to establish procedures for determining the effect of a proposed change to the procurement quantity for the PAC–3/MEADS program and to submit to Congress a report describing such procedures not later than .
Baselines and Operational Test and Evaluation for Ballistic Missile Defense System
Pub. L. 108–375, div. A, title II, § 234118 Stat. 1837, , , directed the Secretary of Defense, in consultation with the Director of Operational Test and Evaluation, to prescribe, not later than , criteria for operationally realistic testing of fieldable prototypes developed under the ballistic missile defense spiral development program, and to ensure that, not later than , any test of the ballistic missile defense system was conducted consistent with such criteria.
Provision of Information on Flight Testing of Ground-Based Midcourse National Missile Defense System
Pub. L. 107–314, div. A, title II, § 224116 Stat. 2485Pub. L. 118–159, div. A, title XVI, § 1649(b)(10)138 Stat. 2200section 5553 of this title, , , which directed the Director of the Missile Defense Agency to provide to the congressional defense committees information on the results of each flight test of the Ground-based Midcourse national missile defense system, was repealed by , , . See .
Missile Defense Agency Test Program
Pub. L. 107–107, div. A, title II, § 232(c)115 Stat. 1037–1039Pub. L. 107–314, div. A, title II, § 225(b)(2)(A)116 Stat. 2486Pub. L. 108–136, div. A, title II, § 221(b)(2)117 Stat. 1419Pub. L. 108–375, div. A, title II, § 233118 Stat. 1836Pub. L. 109–163, div. A, title II, § 232119 Stat. 3174Pub. L. 109–364, div. A, title II, § 224120 Stat. 2130Pub. L. 110–181, div. A, title II, § 225122 Stat. 41Pub. L. 110–417122 Stat. 4390Pub. L. 111–383, div. A, title X, § 1075(e)(2)124 Stat. 4374Pub. L. 112–81, div. A, title II, § 232(c)125 Stat. 1340–(h), , , as amended by , , ; , (c)(2), , ; , , ; , , ; , , ; , , ; , [div. A], title II, § 231(a), (b), , , 4391; , , ; , title X, § 1062(h), , , 1585, directed the Director of the Missile Defense Agency to ensure that critical technology for a missile defense program was successfully demonstrated before it entered into operational service, and directed the Director of Operational Test and Evaluation to conduct annual assessments of, and to report on, the program and the ballistic missile defense system.
section 232(h) of Pub. L. 107–107section 1061 of Pub. L. 114–328section 111 of this title[For termination, effective , of annual reporting provisions in , formerly set out above, see , set out as a note under .]
Missile Defense Testing Initiative
Pub. L. 107–107, div. A, title II, § 234115 Stat. 1039, , , set out requirements for the testing infrastructure of the ballistic missile defense program, including specific requirements for ground-based mid-course interceptor systems for fiscal year 2002.
National Missile Defense Program
Pub. L. 105–85, div. A, title II, § 231111 Stat. 1661, , , provided that the Secretary of Defense was to ensure that the National Missile Defense Program was structured and programmed for funding so as to support a test, in fiscal year 1999, of an integrated national missile defense system that was representative of the national missile defense system architecture that could achieve initial operational capability in fiscal year 2003, and that not later than , the Secretary was to submit to the congressional defense committees a plan for the development and deployment of a national missile defense system that could achieve initial operational capability in fiscal year 2003.
Enhanced Cooperation Between National Nuclear Security Administration and Missile Defense Agency
Pub. L. 106–398, § 1 [div. C, title XXXI, § 3132]114 Stat. 1654Pub. L. 107–314, div. A, title II, § 225(b)(3)116 Stat. 2486Pub. L. 105–85, , , 1654A–455, as amended by , , , directed the Secretary of Energy and the Secretary of Defense to modify the memorandum of understanding entered into under section 3131 of the National Defense Authorization Act for Fiscal Year 1998 (, formerly set out as a note below) to provide for jointly funded projects.
Pub. L. 105–85, div. C, title XXXI, § 3131111 Stat. 2034, , , directed the Secretary of Energy and the Secretary of Defense to enter into a memorandum of understanding to improve and facilitate the use of the expertise of the national laboratories for the ballistic missile defense programs of the Department of Defense.
Ballistic Missile Defense Program
Pub. L. 104–106, div. A, title II110 Stat. 228–233Pub. L. 105–85, div. A, title II, § 236111 Stat. 1665Pub. L. 106–65, div. A, title X, § 1067(6)113 Stat. 774Pub. L. 107–314, div. A, title X, § 1041(c)116 Stat. 2646Pub. L. 102–190, div. A, title II, part C, subtitle C, , , as amended by , , ; , , ; , , , known as the Ballistic Missile Defense Act of 1995, restructured the core theater missile defense program, directed the Secretary of Defense to prepare a plan to develop theater missile defense systems, prohibited the use of Department of Defense funds to implement an agreement between the United States and any independent state of the former Soviet Union that would establish a demarcation between theater missile defense systems and anti-ballistic missile systems or restrict United States theater missile defense systems, and repealed the Missile Defense Act of 1991 ().
Compliance of Ballistic Missile Defense Systems and Components With ABM Treaty
Pub. L. 103–337, div. A, title II, § 231108 Stat. 2699, , , prohibited the use of funds appropriated to the Department of Defense for the development or testing of anti-ballistic missile systems or components except as consistent with the ABM Treaty, limited the use of funds appropriated for the Brilliant Eyes program until the Secretary of Defense submitted a report to Congress on the compliance of that program with the ABM Treaty, and directed the Secretary of Defense to review the Navy Upper Tier program to determine its compliance with the ABM Treaty.
Theater Missile Defense Master Plan
Pub. L. 103–160, div. A, title II, § 235107 Stat. 1598, , , directed the Secretary of Defense to maximize the use of existing systems and technologies and promote joint use by the military departments of ballistic missile defense equipment in carrying out the Theater Missile Defense Initiative, to submit to Congress a TMD Master Plan, and to conduct a review of opportunities to streamline the weapon systems acquisition process applicable to the development, testing, and deployment of theater ballistic missile defenses.
Transfer of Follow-On Technology Programs
Pub. L. 103–160, div. A, title II, § 243107 Stat. 1605Pub. L. 104–201, div. A, title X, § 1073(e)(1)(E)110 Stat. 2658Pub. L. 107–314, div. A, title II, § 225(b)(4)(B)116 Stat. 2486, , , as amended by , , ; , , , provided that management and budget responsibility for research and development of any program to develop far-term follow-on technology relating to ballistic missile defense was to be provided through the Defense Advanced Research Projects Agency or the appropriate military department, and directed the Secretary of Defense to submit to the congressional defense committees a report identifying each program the Secretary had transferred from the Missile Defense Agency and the agency or military department to which each such transfer was made.
Theater Missile Defense Initiative
Pub. L. 102–484, div. A, title II, § 231106 Stat. 2354, , , established the Theater Missile Defense Initiative to carry out all theater and tactical missile defense activities of the Department of Defense, effective 90 days after .
Limitation on Transfer of Certain Military Technology to Independent States of Former Soviet Union
Pub. L. 100–180, div. A, title II, § 223101 Stat. 1056Pub. L. 103–199, title II, § 203(a)(1)107 Stat. 2321, , , as amended by , , , prohibited the transfer of technology developed with funds appropriated for the Ballistic Missile Defense Program to Russia or any other independent state of the former Soviet Union unless the President certified to Congress that such transfer was in the national interest and was to be made for the purpose of maintaining peace.
SDI Architecture To Require Human Decision Making
Pub. L. 100–180, div. A, title II, § 224101 Stat. 1056, , , prohibited the Federal Government from funding or otherwise supporting the development of command and control systems for strategic defense in the boost or post-boost phase against ballistic missile threats that would permit such strategic defenses to initiate the directing of damaging or lethal fire except by affirmative human decision at an appropriate level of authority.
Establishment of Federally Funded Research and Development Center To Support SDI Program
Pub. L. 100–180, div. A, title II, § 227101 Stat. 1057, , , authorized the Secretary of Defense, using funds appropriated to the Department of Defense for the Strategic Defense Initiative program, to enter into a contract not to be awarded before , to provide for the establishment and operation of a federally funded research and development center (FFRDC) to provide independent and objective technical support to the Strategic Defense Initiative program, and provided that no Federal funds could be provided to the new FFRDC after the end of the five-year period beginning on the date of the award of the first contract awarded.
Limitation on Establishment of Federally Funded Research and Development Center for Strategic Defense Initiative Program
Pub. L. 99–661, div. A, title II, § 213100 Stat. 3841, , , prohibited the Secretary of Defense from obligating or expending any funds for the purpose of operating a Federally funded research and development center that was established for the support of the Strategic Defense Initiative Program after , unless the Secretary submitted to the Committees on Armed Services of the Senate and House of Representatives a report with respect to such proposed center and funds were specifically authorized to be appropriated for such purpose in an Act other than an appropriations Act or a continuing resolution.
Annual Report on Ballistic Missile Defense Program
Pub. L. 100–180, div. A, title II, § 231(a)101 Stat. 1059, , , provided that not later than and , the Secretary of Defense was to transmit to Congress a report on the programs that constitute the Strategic Defense Initiative and on any other program relating to defense against ballistic missiles.
Plans for Management of Technical Data and Computer Capability Improvements
Pub. L. 98–525, title XII, § 125298 Stat. 2610Pub. L. 119–60, div. A, title VIII, § 811(b)(24)139 Stat. 950, , , which related to a plan for an improved system for the management of technical data relating to any major system of the Department of Defense and a plan to improve substantially the computer capability of each of the military departments and of the Defense Logistics Agency to store and access rapidly data that is needed for the efficient procurement of supplies, was repealed by , , .
Consultation With Allies on Strategic Defense Initiative Program
Pub. L. 98–473, title I, § 101(h)98 Stat. 1904 [title VIII, § 8104], , , 1942, conveyed the sense of Congress that the President should consult with other member nations of the North Atlantic Treaty Organization, Japan, and other appropriate allies concerning the research being conducted in the Strategic Defense Initiative program and that the Secretary of Defense should report the status of such consultations at the time of the submission of annual budget presentation materials for each fiscal year beginning after .
Antisatellite Weapons Test
Pub. L. 100–180, div. A, title II, § 208101 Stat. 1048, , , prohibited the Secretary of Defense, until , from carrying out a test of the Space Defense System (antisatellite weapon) involving the F–15 launched miniature homing vehicle against an object in space until the President certified to Congress that the Soviet Union had conducted, after , a test against an object in space of a dedicated antisatellite weapon.
Pub. L. 99–661, div. A, title II, § 231100 Stat. 3847, , , prohibited the Secretary of Defense, until , from carrying out a test of the Space Defense System (anti-satellite weapon) against an object in space until the President certified to Congress that the Soviet Union had conducted, after , a test against an object in space of a dedicated anti-satellite weapon.
Similar provisions were contained in the following prior acts:
Pub. L. 99–500, § 101(c) [title XI, § 1101]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title XI, § 1101]100 Stat. 3341–82, , , 1783–177, and , , , 3341–177.
Pub. L. 99–190, § 101(b) [title VIII, § 8097]99 Stat. 1185, , , 1219.
Pub. L. 99–145, title II, § 208(a)99 Stat. 610Pub. L. 98–473, title I, § 101(h) [title VIII, § 8100], (b), , , prohibited the use of funds to test the miniature homing vehicle (MHV) anti-satellite warhead launched from an F–15 aircraft unless the President made a certification to Congress as provided in section 8100 of the Department of Defense Appropriations Act, 1985 (, formerly set out as a note below), and provided that no more than three such tests could be conducted before .
Pub. L. 98–473, title I, § 101(h)98 Stat. 1904 [title VIII, § 8100], , , 1941, prohibited the use of funds to test the miniature homing vehicle (MHV) anti-satellite warhead launched from an F–15 aircraft unless the President made a certification to Congress that certain conditions had been satisfied, and provided that no more than three such tests could be conducted during fiscal year 1985.
Similar provisions were contained in the following prior authorization act:
Pub. L. 98–94, title XI, § 123597 Stat. 695Pub. L. 98–525, title II, § 20598 Stat. 2509, , ; as amended by , , .
East Coast Trident Base and MX Missile System Sites; Use of Funds Appropriated to Department of Defense; Assistance to Nearby Communities To Help Meet Costs of Increased Municipal Services
Pub. L. 96–418, title VIII, § 80294 Stat. 1775Pub. L. 97–99, title IX, § 904(b)95 Stat. 1382Pub. L. 98–115, title VIII, § 80597 Stat. 785Pub. L. 101–510, div. A, title XIII, § 1322(f)104 Stat. 1672, , , as amended by , , ; , , ; , , , authorized the Secretary of Defense to assist communities located near MX Missile System sites and the East Coast Trident Base, and the States in which such communities were located, in meeting the increased costs of municipal services and facilities resulting from the construction and operation of the MX Missile System or the East Coast Trident Base.
MX Missile and Basing Mode
Pub. L. 96–342, title II, § 20294 Stat. 1079, , , directed the Secretary of Defense to proceed with the development of the MX missile and a Multiple Protective Structure (MPS) basing mode in order to achieve an Initial Operational Capability not later than .
Development of MX Missile System
Pub. L. 96–29, title II, § 20293 Stat. 79, , , directed the Secretary of Defense to proceed with the development of the Multiple Protective Structure (MPS) system concurrently with the development of the MX missile, unless and until the Secretary of Defense certified to the Congress that an alternative basing mode was militarily or technologically superior to, and was more cost effective than, the MPS system or the President informed the Congress that in his view the MPS system was not consistent with United States national security interests.
Trident Support Site, Bangor, Washington; Financial Aid to Local Communities; Reports
Pub. L. 93–552, title VI, § 60888 Stat. 1763, , , authorized the Secretary of Defense to assist communities located near the TRIDENT Support Site in Bangor, Washington, in meeting the increased costs of municipal services and facilities resulting from the construction and operation of the TRIDENT Weapon System, and directed the Secretary to transmit to the Committees on Armed Services of the Senate and the House of Representatives semiannual reports on such assistance provided during the preceding six-month period.