10 U.S.C. § 5551: Prohibitions relating to…

Summary

The Department of Defense must not use any of its money in any fiscal year to give the Russian Federation or the People’s Republic of China certain missile-defense items. This includes technology that destroys incoming missiles by direct impact (called "hit-to-kill") and telemetry from interceptors or target vehicles, data about the speed of interceptors or targets at engine burnout, and any classified or controlled missile-defense information. The rule does allow sharing information about ballistic missile early warning. It also forbids spending funds to link or merge a Russian or Chinese missile-defense system into any U.S. missile-defense system.

Title 10, §5551

Armed Forces, Source: USLM XML via OLRC

(a)Certain “Hit-to-kill” Technology and Telemetry Data.—

None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be used to provide the Russian Federation or the People’s Republic of China with “hit-to-kill” technology and telemetry data for missile defense interceptors or target vehicles.

(b)Other Sensitive Missile Defense Information.—

(1)information relating to velocity at burnout of missile defense interceptors or targets of the United States; or

(2)classified or otherwise controlled missile defense information.

(c)Exception.—

The prohibitions in subsections (a) and (b) shall not apply to the United States providing to the Russian Federation or the People’s Republic of China information regarding ballistic missile early warning.

(d)Integration.—

None of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be obligated or expended to integrate a missile defense system of the Russian Federation or a missile defense system of the People’s Republic of China into any missile defense system of the United States.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 130h of this title prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199.

Amendments

2024—Subsec. (a). Pub. L. 118–159, § 1641(1), inserted “or the People’s Republic of China” after “the Russian Federation”. Subsec. (b). Pub. L. 118–159, § 1641(2), inserted “or the People’s Republic of China” after “the Russian Federation” in introductory provisions. Subsec. (c). Pub. L. 118–159, § 1641(3), inserted “or the People’s Republic of China” after “the Russian Federation”.

Statutory Notes and Related Subsidiaries

Certification Required for Russia and China To Tour Certain Missile Defense Sites Pub. L. 117–81, div. A, title XVI, § 1667, Dec. 27, 2021, 135 Stat. 2106, provided that: “(a) Certification.—Before the Secretary of Defense makes a determination with respect to allowing a foreign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a certification that—“(1) the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and “(2) the Secretary will not share any technical data relating to the covered site with the foreign nationals. “(b) Timing.—The Secretary may not conduct a tour described in subsection (a) until a period of 45 days has elapsed following the date on which the Secretary submits the certification for that tour under such subsection. “(c)

Construction

With Other Requirements.—Nothing in this section shall be construed to supersede or otherwise affect [former] section 130h of title 10, United States Code [see 10 U.S.C. 5551]. “(d) Covered Site.—In this section, the term ‘covered site’ means any of the following:“(1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense system. “(2) An Aegis Ashore site. “(3) A terminal high altitude area defense battery. “(4) A ground-based midcourse defense interceptor silo.”

§5551 Prohibitions Relating to Missile Defense Information and Systems