10 U.S. Code § 130h - Prohibitions relating to missile defense information and systems

(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 with “hit-to-kill” technology and telemetry data for missile defense interceptors or target vehicles.

(b) Other Sensitive Missile Defense Information.—

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 with—

(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 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.

(Added Pub. L. 114–92, div. A, title XVI, § 1671(a)(1), Nov. 25, 2015, 129 Stat. 1129; amended Pub. L. 114–328, div. A, title X, § 1081(a)(1), title XVI, § 1682(a)(1), (b), Dec. 23, 2016, 130 Stat. 2417, 2623, 2624; Pub. L. 115–232, div. A, title XVI, § 1678, Aug. 13, 2018, 132 Stat. 2161; Pub. L. 116–283, div. A, title XVI, § 1642, Jan. 1, 2021, 134 Stat. 4062; Pub. L. 117–263, div. A, title XVI, § 1653, Dec. 23, 2022, 136 Stat. 2949.)

Editorial Notes

Amendments

2022—Subsec. (e). Pub. L. 117–263 struck out subsec. (e). Text read as follows: “The prohibitions in subsections (a), (b), and (d) shall expire on January 1, 2026.”

2021—Subsec. (e). Pub. L. 116–283 substituted “January 1, 2026” for “January 1, 2021”.

2018—Subsec. (e). Pub. L. 115–232 substituted “January 1, 2021” for “January 1, 2019”.

2016—Pub. L. 114–328, § 1682(a)(1)(C), added section catchline and struck out former section catchline which read as follows: “Prohibitions on providing certain missile defense information to Russian Federation”.

Subsec. (c). Pub. L. 114–328, § 1081(a)(1), substituted “subsections (a) and (b)” for “subsection (a) and (b)”.

Subsec. (d). Pub. L. 114–328, § 1682(a)(1)(B), added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 114–328, § 1081(a)(1), substituted “subsections (a) and (b)” for “subsection (a) and (b)”.

Subsec. (e). Pub. L. 114–328, § 1682(a)(1)(A), (b), redesignated subsec. (d) as (e) and amended it generally. Prior to amendment, text read as follows: “The prohibitions in subsections (a) and (b) shall expire on January 1, 2017.”

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 section 130h of title 10, United States Code.

“(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.”