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

(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).