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Matters relating to intercontinental ballistic missiles

Division A · Title XVI: Space Activities, Strategic Programs, and Intelligence Matters · Subtitle C: Nuclear Forces

Plain-language summaryAI

The section allows the Secretary of the Air Force to transfer funds between certain budget accounts to support modernization and improvements of U.S. intercontinental ballistic missile programs, with required notifications to Congress and quarterly reporting. It also permits multiyear and advance procurement contracts for flight test kits related to the Minuteman III missile and authorizes contracts to address shortages of components for these missile programs, subject to notification and waiting periods. Additionally, it exempts certain low-cost modifications to strategic delivery systems from existing expenditure limits and sets time limits on these authorities.

AI-generated from this section’s text — a quick orientation, not a substitute for the full text below. Not legal advice.

Section Text · Sec. 1631.

(a) Transfer authority

Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section:

499d. Transfer authority to support intercontinental ballistic missile capabilities

(a) Transfer authority

Subject to the authority, direction and control of the Secretary of Defense, and subject to the limitation under subsection (d), the Secretary of the Air Force may transfer amounts authorized to be appropriated for fiscal year 2027 or any fiscal year thereafter under Research, Development, Test and Evaluation , Air Force; Other Procurement , Air Force; Missile Procurement , and Air Force, Operation and Maintenance for covered programs between such accounts for the purposes of modernizing, mitigating risk relating to, or otherwise enhancing, the intercontinental ballistic missile capabilities of the United States.

(b) Treatment of transferred funds

Amounts transferred under subsection (a) shall be merged with and be available for the same purposes and for the same time period as amounts in the receiving account.

(c) Additional authority

The authority under subsection (a) is in addition to any other transfer authority available to the Department of Defense.

(d) Notice and wait requirement

The Secretary of the Air Force may not initiate a transfer under subsection (a) until—

(1)

the Secretary submits to the congressional defense committees a written notification containing a detailed description of the proposed transfer; and

(2)

a period of 15 days has elapsed following the date of such notification.

(e) Quarterly report

Not later than 30 days after the end of each fiscal quarter until the date of termination under subsection (g), the Secretary of the Air Force shall submit to the congressional defense committees a report containing a summary of any transfers carried out during such fiscal quarter under subsection (a).

(f) Covered program defined

In this section, the term covered program means a program of the Air Force that the Secretary of the Air Force determines supports the following:

(1)

The LGM–30G Minuteman III intercontinental ballistic missile.

(2)

The LGM–35A Sentinel intercontinental ballistic missile.

(3)

Any reentry vehicle capability for an intercontinental ballistic missile.

(4)

Any other capability for an intercontinental ballistic missile, as determined by the Secretary.

(g) Termination

The authority under subsection (a) shall terminate on the date that is 10 years after the date of the enactment of this section.

(b) Exception to limitation on expenditures for modifications for certain below-threshold modifications

Section 2244a(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(4) Exception for below-threshold strategic delivery system modifications

The prohibition in subsection (a) does not apply to a modification of a strategic delivery system (as such term is defined in section 495(e) of this title) for which the cost is less than $500,000.

(c) Advance procurement of flight test kits

(1) Authority for multiyear procurement

Subject to section 3501 of title 10, United States Code, the Secretary of the Air Force may enter into one or more multiyear contracts, beginning in fiscal year 2027, for the procurement of flight test kits in support of the program of the Air Force Global Strike Command for operational test launches of the Minuteman III intercontinental ballistic missile

(2) Authority for advance procurement

The Secretary of the Air Force may enter into one or more contracts for advance procurement associated with the procurement of the flight test kits for which contracts are authorized under subsection (a), including procurement of systems and subsystems associated with such flight test kits in economic order quantities when cost savings are achievable.

(3) Conditions for out-year contract payments

Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2027 is subject to the availability of appropriations for that purpose for such fiscal year.

(4) Termination

The authority of the Secretary of the Air Force to enter into contracts under subsection (a) shall terminate on September 30, 2030.

(d) Contract authority to mitigate certain diminishing sources and shortages

(1) Contract authority

Subject to the limitation under paragraph (2), the Secretary of the Air Force may enter into one or more contracts for the life-of-program procurement of components necessary to mitigate diminishing manufacturing sources or material shortages affecting a covered program.

(2) Notice and wait requirement

The Secretary may not enter into a contract under paragraph (1) until—

(A)

the Secretary submits to the congressional defense committees a written notification containing a detailed description of the proposed contract; and

(B)

a period of 15 days has elapsed following the date of such notification.

(e) Covered program defined

In this section, the term covered program has the meaning given such term in section 499d of title 10, United States Code, as added by subsection (a).