Title 10Armed ForcesRelease 119-73not60

§5533 Required Testing of Ground-based Midcourse Defense Element of Ballistic Missile Defense System

Title 10 › Subtitle Subtitle A— General Military Law › Part VI— ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart A— Elements › Chapter 551— MISSILE DEFENSE › Subchapter III— MISSILE DEFENSE CAPABILITIES › § 5533

Last updated Apr 3, 2026|Official source

Summary

The Director of the Missile Defense Agency must run at least one flight test each fiscal year of the ground-based midcourse defense system. Within five years after the next generation interceptor reaches initial operational capability, those annual tests must include that new interceptor. The tests must check things like technical improvements, operational performance, use of realistic threat targets and countermeasures, new interceptor configurations before fielding, a “fly before buy” check of new parts or software, and how the system works with other missile‑defense parts. The Director can skip a yearly test for reasons such as national security, timing, lack of money, unavailable interceptors or targets, test range or asset problems, bad weather, or other valid reasons. If a test is skipped, the Director must send Congress a report within 45 days explaining why and how a flight test will be put back into the Missile Defense Agency’s Integrated Master Test Plan. If the skip is for an “other” reason, the Under Secretary of Defense for Research and Engineering must also certify the reason to the congressional defense committees within 45 days.

Full Legal Text

Title 10, §5533

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)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)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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 114–328, div. A, title XVI, § 1689, Dec. 23, 2016, 130 Stat. 2631, as amended by Pub. L. 116–92, div. A, title IX, § 902(97), title XVI, § 1684, Dec. 20, 2019, 133 Stat. 1555, 1783; Pub. L. 117–81, 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. 118–159, div. A, title XVI, § 1649(b)(6), Dec. 23, 2024, 138 Stat. 2199.

Reference

Citations & Metadata

Citation

10 U.S.C. § 5533

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60