§5516 Prohibition on Privatized or Subscription-based Missile Defense Intercept Capabilities

Summary

The Defense Department may only build, test, deploy, or run missile defenses that physically intercept threats if the armed forces own and operate them and they do not use subscription, pay-for-service, or recurring-fee arrangements. Only federal officers or employees and members of the Army, Navy, Air Force, Marine Corps, or Space Force may decide to target, authorize launch, or engage those defenses. The Department can still hire private firms to research, make, maintain, or test systems, work with allies on co-development, and buy sensing, tracking, or warning services so long as those services do not command or fire the weapons. Kinetic missile defense activities: actions to physically intercept or destroy airborne threats. Kinetic missile defense capabilities: systems that can do those actions. Subscription-based service: a private arrangement giving ongoing operational access in exchange for recurring payments.