---
kind: "section"
citation: "10 U.S.C. § 5516"
title: "10"
title_heading: "Armed Forces"
number: "5516"
heading: "Prohibition on privatized or subscription-based missile defense intercept capabilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/5516"
units:
  - "Subtitle A — General Military Law"
  - "Part VI — Elements of Department of Defense and Other Matters"
  - "Subpart A — Elements"
  - "Chapter 551 — Missile Defense"
  - "Subchapter II — Budget and Acquisition Matters"
---

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

- (a) **Prohibition.—** The [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-4); and
  - (2) such capabilities do not use a subscription-based service, a [pay](/usc/10/101.md?p=a-15)-for-service model, or a recurring-fee model to engage or intercept a target.
- (b) **Inherently Governmental Function.—** 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](/usc/10/467.md?p=1) that only [officers](/usc/10/101.md?p=b-1) or employees of the Federal Government or members of the Army, Navy, Air Force, Marine Corps, or Space Force may perform.
- (c) **Rule of Construction.—** Nothing in this section shall be construed to prohibit the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-1) with respect to missile defense capabilities; or
  - (3) procuring [commercial services](/usc/10/3011.md?p=10) 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) **Definitions.—** 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.

## Source credit

(Added Pub. L. 119–60, div. A, title XVI, § 1654, Dec. 18, 2025, 139 Stat. 1195.)