§5536 — Title 10 Armed Forces | U.S. Code

§5536 Testing and assessment of missile defense systems prior to production and deployment

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 III— - MISSILE DEFENSE CAPABILITIES › § 5536

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense cannot approve final production of, or deploy, a covered system unless two things happen. First, the system must get enough realistic testing to show how it will perform, and those test results must show a high probability the system will work effectively and can do its intended mission. Second, the Director of Operational Test and Evaluation must carry out an assessment under subsection (b). The Director must give the Secretary an assessment, based on available test data, about whether the testing was sufficient, adequate, and shows the system will be effective, suitable, and survivable when needed, and must send a written summary of that assessment to the congressional defense committees. Covered system means a new or substantially upgraded interceptor or weapon system of the ballistic missile defense system. Nothing here changes decisions about the Missile Defense Agency’s role in the Joint Capabilities Integration Development System or acquisition reporting under the Department of Defense Directive 5000 series, or limits the Secretary’s authority to deploy a missile defense system when the Secretary decides.

Title 10, §5536

Armed Forces — Source: USLM XML via OLRC

(a)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 system in order to inform a final production decision or an operational deployment decision; and

(B)the results of such testing have demonstrated a high probability that the covered system—

(i)will work in an operationally effective manner; and

(ii)has the ability to accomplish the intended 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)The Director of Operational 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, including an assessment of whether the covered system will be sufficiently effective, suitable, and survivable when needed; and

(2)submit to the congressional defense committees a written summary of such assessment.

(c)Nothing in this section shall be construed to alter, modify, or otherwise affect a determination of the Secretary with respect to the participation of the Missile Defense Agency in the Joint Capabilities Integration Development System or the acquisition 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)In this section, the term “covered system” means a new or substantially upgraded interceptor or weapon system of the ballistic missile defense system.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5536, act Aug. 10, 1956, ch. 1041, 70A Stat. 319, related to extension of service by reason of time lost through misconduct or unauthorized absence, prior to repeal by Pub. L. 85–861, § 36B(13), Sept. 2, 1958, 72 Stat. 1571. See section 972(a) of this title. Provisions similar to those in this section were contained 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.