Title 10 — Armed ForcesRelease 119-73

§5516 Prohibition on privatized or subscription-based missile defense intercept capabilities

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART VI— - ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart Subpart A— - Elements › Chapter CHAPTER 551— - MISSILE DEFENSE › Subchapter SUBCHAPTER II— - BUDGET AND ACQUISITION MATTERS › § 5516

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can only build, deploy, test, or run missile defense systems that use physical interceptors if two things are true: the armed forces own and operate the system, and it does not use subscription, pay-for-service, or recurring-fee models to intercept targets. Only federal civilian officers or members of the Army, Navy, Air Force, Marine Corps, or Space Force may make targeting, launch, and engagement decisions. The Secretary may still hire private companies for research, production, maintenance, or testing; work with allies on co-development or co-production; and buy commercial sensing, tracking, data, or early-warning services that do not directly command or carry out intercepts. kinetic missile defense activities — actions to physically intercept, disable, or destroy missiles or other airborne threats. kinetic missile defense capabilities — systems or platforms made to do those actions. subscription-based service — a private company giving ongoing operational access to missile defense functions in exchange for regular payments.

Full Legal Text

Title 10, §5516

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may only develop, deploy, test, or operate a missile defense system with kinetic missile defense capabilities if—

(1)the missile defense system is owned and operated by the armed forces; and

(2)such capabilities do not use a subscription-based service, a pay-for-service model, or a recurring-fee model to engage or intercept a target.

(b)The decision to engage in kinetic missile defense activities, including targeting, launch authorization, and engagement of airborne or spaceborne threats, is an inherently governmental function that only officers or employees of the Federal Government or members of the Army, Navy, Air Force, Marine Corps, or Space Force may perform.

(c)Nothing in this section shall be construed to prohibit the Secretary of Defense from—

(1)entering into contracts with private entities for the research, development, manufacture, maintenance, or testing of missile defense systems;

(2)entering into or carrying out co-production or co-development arrangements, or other cooperative agreements, with allies and partners of the United States with respect to missile defense capabilities; or

(3)procuring commercial services for remote sensing, telemetry, threat tracking, data analysis, data transport, or early warning, if such services do not directly involve the execution or command of kinetic missile defense activities.

(d)For the purposes of this section:

(1)The term “kinetic missile defense activities” means any action intended to physically intercept, neutralize, or destroy a missile, projectile, aircraft, or other airborne threat, including those using kinetic interceptors or directed energy.

(2)The term “kinetic missile defense capabilities” means any system or platform that is designed to be able to carry out kinetic missile defense activities.

(3)The term “subscription-based service” means any arrangement in which a private entity provides ongoing or recurring operational access to missile defense capabilities in exchange for periodic payment.

Reference

Citations & Metadata

Citation

10 U.S.C. § 5516

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73