Notes on 10 U.S.C. § 2431 : US Code - Notes

Search Notes on 10 U.S.C. § 2431 : US Code - Notes

(Added Pub. L. 93-155, title VIII, Sec. 803(a), Nov. 16, 1973, 87
Stat. 614, Sec. 139; amended Pub. L. 94-106, title VIII, Sec. 805,
Oct. 7, 1975, 89 Stat. 538; Pub. L. 96-513, title V, Sec. 511(5),
Dec. 12, 1980, 94 Stat. 2920; Pub. L. 97-86, title IX, Sec. 909(c),
Dec. 1, 1981, 95 Stat. 1120; Pub. L. 97-258, Sec. 3(b)(1), Sept.
13, 1982, 96 Stat. 1063; Pub. L. 98-525, title XIV, Sec. 1405(3),
Oct. 19, 1984, 98 Stat. 2621; renumbered Sec. 2431 and amended Pub.
L. 99-433, title I, Secs. 101(a)(5), 110(d)(12), (g)(6), Oct. 1,
1986, 100 Stat. 995, 1003, 1004; Pub. L. 100-180, div. A, title
XIII, Sec. 1314(a)(1), Dec. 4, 1987, 101 Stat. 1175; Pub. L. 101-
510, div. A, title XIII, Sec. 1301(13), title XIV, Sec.
1484(f)(3), Nov. 5, 1990, 104 Stat. 1668, 1717; Pub. L. 103-355,
title III, Sec. 3001, Oct. 13, 1994, 108 Stat. 3327; Pub. L. 104-
106, div. D, title XLIII, Sec. 4321(b)(18), Feb. 10, 1996, 110
Stat. 673.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
Pub. L. 92-156, title V, Sec. 506, Nov. 17, 1971, 85 Stat. 429,
prior to repeal by Pub. L. 93-155, Sec. 803(b)(2).
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-106, Sec. 4321(b)(18)(A)(i),
substituted "Any documents" for "Any report" in first sentence.
Subsec. (b)(3). Pub. L. 104-106, Sec. 4321(b)(18)(A)(ii),
substituted "the documents" for "the report".
Subsec. (c). Pub. L. 104-106, Sec. 4321(b)(18)(B), substituted
"documentation" for "reporting".
1994 - Subsec. (a). Pub. L. 103-355, Sec. 3001(a), substituted
"not later than 45 days after" for "at the same time" and "budget
justification documents" for "a written report" in first sentence
and "documents" for "report" in second and third sentences.
Subsec. (b). Pub. L. 103-355, Sec. 3001(b)(1), substituted
"include each of the following:" for "include - " in introductory
provisions.
Subsec. (b)(1) to (3). Pub. L. 103-355, Sec. 3001(b)(2)-(4),
capitalized first letter of first word in pars. (1) to (3) and
substituted period for semicolon at end of pars. (1) and (2) and
period for "; and" at end of par. (3).
Subsec. (b)(4). Pub. L. 103-355, Sec. 3001(b)(5) amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "the most
efficient production rate and the most efficient acquisition rate
consistent with the program priority established for such weapon
system by the Secretary concerned."
1990 - Subsec. (b). Pub. L. 101-510, Sec. 1484(f)(3), substituted
"covered and shall specifically include" for "covered, and
specifically include, but not be limited to" in introductory
provisions.
Pub. L. 101-510, Sec. 1301(13), redesignated subsec. (c) as (b),
struck out "or (b)" after "under subsection (a)", and struck out
former subsec. (b) which read as follows: "The Secretary of Defense
shall submit a supplemental report to Congress not less than 30, or
more than 90, days before the award of any contract, or the
exercise of any option in a contract, for the procurement of any
such weapon system (other than procurement of units for operational
testing and evaluation, or long lead-time items, or both), unless -

"(1) the contractor or contractors for that system have not yet
been selected and the Secretary of Defense determines that the
submission of that report would adversely affect the source
selection process and notifies Congress in writing, prior to such
award, of that determination, stating his reasons therefor; or
"(2) the Secretary of Defense determines that the submission of
that report would otherwise adversely affect the vital security
interests of the United States and notifies Congress in writing
of that determination at least 30 days prior to the award,
stating his reasons therefor."
Subsecs. (c), (d). Pub. L. 101-510, Sec. 1301(13)(C),
redesignated subsecs. (c) and (d) as (b) and (c), respectively.
1987 - Pub. L. 100-180 made technical amendment to directory
language of Pub. L. 99-433, Sec. 101(a)(5). See 1986 Amendment note
below.
1986 - Pub. L. 99-433, Sec. 101(a)(5), as amended by Pub. L. 100-
180, Sec. 1314(a)(1), renumbered section 139 of this title as this
section.
Pub. L. 99-433, Sec. 110(d)(12), substituted "Weapons development
and procurement schedules" for "Secretary of Defense: weapons
development and procurement schedules for armed forces; reports;
supplemental reports" in section catchline.
Subsec. (a). Pub. L. 99-433, Sec. 110(g)(6), substituted "section
114(a)" for "section 138(a)".
1984 - Subsec. (b). Pub. L. 98-525, Sec. 1405(3)(B), substituted
"30" for "thirty" and "90" for "ninety" in introductory text.
Subsec. (b)(2). Pub. L. 98-525, Sec. 1405(3)(A), substituted "30"
for "thirty".
1982 - Subsec. (a). Pub. L. 97-258 substituted "section 1105 of
title 31" for "section 201 of the Budget and Accounting Act, 1921
(31 U.S.C. 11)".
1981 - Subsec. (c)(4). Pub. L. 97-86 added par. (4).
1980 - Subsec. (a). Pub. L. 96-513 substituted "section 201 of
the Budget and Accounting Act, 1921 (31 U.S.C. 11)" for "section 11
of title 31".
1975 - Subsec. (b). Pub. L. 94-106 substituted "or more than
ninety, days before" for "or more than sixty, days before".
EFFECTIVE DATE OF 1996 AMENDMENT
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of Title 41, Public Contracts.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-180 applicable as if included in
enactment of the Goldwater-Nichols Department of Defense
Reorganization Act of 1986, Pub. L. 99-433, see section 1314(e) of
Pub. L. 100-180, set out as a note under section 743 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
this title.
POLICY OF THE UNITED STATES ON PRIORITIES IN THE DEVELOPMENT,
TESTING, AND FIELDING OF MISSILE DEFENSE CAPABILITIES
Pub. L. 109-364, div. A, title II, Sec. 223, Oct. 17, 2006, 120
Stat. 2130, provided that:
"(a) Findings. - Congress makes the following findings:
"(1) In response to the threat posed by ballistic missiles,
President George W. Bush in December 2002 directed the Secretary
of Defense to proceed with the fielding of an initial set of
missile defense capabilities in 2004 and 2005.
"(2) According to assessments by the intelligence community of
the United States, North Korea tested in 2005 a new solid
propellant short-range ballistic missile, conducted a launch of a
Taepodong-2 ballistic missile/space launch vehicle in 2006, and
is likely developing intermediate-range and intercontinental
ballistic missile capabilities that could someday reach as far as
the United States with a nuclear payload.
"(3) According to assessments by the intelligence community of
the United States, Iran continued in 2005 to test its medium-
range ballistic missile, and the danger that Iran will acquire a
nuclear weapon and integrate it with a ballistic missile Iran
already possesses is a reason for immediate concern.
"(b) Policy. - It is the policy of the United States that the
Department of Defense accord a priority within the missile defense
program to the development, testing, fielding, and improvement of
effective near-term missile defense capabilities, including the
ground-based midcourse defense system, the Aegis ballistic missile
defense system, the Patriot PAC-3 system, the Terminal High
Altitude Area Defense system, and the sensors necessary to support
such systems."
PLANS FOR TEST AND EVALUATION OF OPERATIONAL CAPABILITY OF THE
BALLISTIC MISSILE DEFENSE SYSTEM
Pub. L. 109-163, div. A, title II, Sec. 234, Jan. 6, 2006, 119
Stat. 3174, as amended by Pub. L. 109-364, div. A, title II, Sec.
225, Oct. 17, 2006, 120 Stat. 2130, provided that:
"(a) Test and Evaluation Plans for Blocks. -
"(1) Plans required. - With respect to block 06 and each
subsequent block of the Ballistic Missile Defense System, the
appropriate joint and service operational test and evaluation
components of the Department of Defense concerned with the block
shall prepare a plan, appropriate for the level of technological
maturity of the block, to test, evaluate, and characterize the
operational capability of the block.
"(2) Consultation and review. - The preparation of each plan
under this subsection shall be -
"(A) carried out in coordination with the Missile Defense
Agency; and
"(B) subject to the review and approval of the Director of
Operational Test and Evaluation.
"(3) Submittal to congress. - Each plan prepared under this
subsection and approved by the Director of Operational Test and
Evaluation shall be submitted to the congressional defense
committees [Committees on Armed Services and Appropriations of
the Senate and the House of Representatives] not later than 30
days after the date of the approval of such plan by the Director.
"(b) Reports on Test and Evaluation of Blocks. - At the
conclusion of the test and evaluation of block 06 and each
subsequent block of the Ballistic Missile Defense System, the
Director of Operational Test and Evaluation shall submit to the
Secretary of Defense and the congressional defense committees a
report providing -
"(1) the assessment of the Director as to whether or not the
test and evaluation was adequate to evaluate the operational
capability of the block; and
"(2) the characterization of the Director as to the operational
effectiveness, suitability, and survivability of the block, as
appropriate for the level of technological maturity of the block
tested."
INTEGRATION OF PATRIOT ADVANCED CAPABILITY-3 AND MEDIUM EXTENDED
AIR DEFENSE SYSTEM INTO BALLISTIC MISSILE DEFENSE SYSTEM
Pub. L. 108-375, div. A, title II, Sec. 232, Oct. 28, 2004, 118
Stat. 1835, provided that:
"(a) Relationship to Ballistic Missile Defense System. - The
combined program of the Department of the Army known as the Patriot
Advanced Capability-3/Medium Extended Air Defense System air and
missile defense program (hereinafter in this section referred to as
the 'PAC-3/MEADS program') is an element of the Ballistic Missile
Defense System.
"(b) Management of Configuration Changes. - The Director of the
Missile Defense Agency, in consultation with the Secretary of the
Army (acting through the Assistant Secretary of the Army for
Acquisition, Logistics and Technology) shall ensure that any
configuration change for the PAC-3/MEADS program is subject to the
configuration control board processes of the Missile Defense Agency
so as to ensure integration of the PAC-3/MEADS element with
appropriate elements of the Ballistic Missile Defense System.
"(c) Required Procedures. - (1) Except as otherwise directed by
the Secretary of Defense, the Secretary of the Army (acting through
the Assistant Secretary of the Army for Acquisition, Logistics and
Technology) may make a significant change to the baseline technical
specifications or the baseline schedule for the PAC-3/MEADS program
only with the concurrence of the Director of the Missile Defense
Agency.
"(2) With respect to a proposal by the Secretary of the Army to
make a significant change to the procurement quantity (including
any quantity in any future block procurement) that, as of the date
of such proposal, is planned for the PAC-3/MEADS program, the
Secretary of Defense shall establish -
"(A) procedures for a determination of the effect of such
change on Ballistic Missile Defense System capabilities and on
the cost of the PAC-3/MEADS program; and
"(B) procedures for review of the proposed change by all
relevant commands and agencies of the Department of Defense,
including determination of the concurrence or nonconcurrence of
each such command and agency with respect to such proposed
change.
"(d) Report. - Not later than February 1, 2005, the Secretary of
Defense shall submit to the congressional defense committees
[Committees on Armed Services and Appropriations of Senate and
House of Representatives] a report describing the procedures
developed pursuant to subsection (c)(2).
"(e) Definitions. - For purpose of this section:
"(1) The term 'significant change' means, with respect to the
PAC-3/MEADS program, a change that would substantially alter the
role or contribution of that program in the Ballistic Missile
Defense System.
"(2) The term 'baseline technical specifications' means, with
respect to the PAC-3/MEADS program, those technical
specifications for that program that have been approved by the
configuration control board of the Missile Defense Agency and are
in effect as of the date of the review.
"(3) The term 'baseline schedule' means, with respect to the
PAC-3/MEADS program, the development and production schedule for
the PAC-3/MEADS program in effect at the time of a review of such
program conducted pursuant to subsection (b) or (c)(2)(B)."
BASELINES AND OPERATIONAL TEST AND EVALUATION FOR BALLISTIC MISSILE
DEFENSE SYSTEM
Pub. L. 108-375, div. A, title II, Sec. 234, Oct. 28, 2004, 118
Stat. 1837, provided that:
"(a) Testing Criteria. - Not later than February 1, 2005, the
Secretary of Defense, in consultation with the Director of
Operational Test and Evaluation, shall prescribe appropriate
criteria for operationally realistic testing of fieldable
prototypes developed under the ballistic missile defense spiral
development program. The Secretary shall submit a copy of the
prescribed criteria to the congressional defense committees
[Committees on Armed Services and Appropriations of Senate and
House of Representatives].
"(b) Use of Criteria. - (1) The Secretary of Defense shall ensure
that, not later than October 1, 2005, a test of the ballistic
missile defense system is conducted consistent with the criteria
prescribed under subsection (a).
"(2) The Secretary of Defense shall ensure that each block
configuration of the ballistic missile defense system is tested
consistent with the criteria prescribed under subsection (a).
"(c) Relationship to Other Law. - Nothing in this section shall
be construed to exempt any spiral development program of the
Department of Defense, after completion of the spiral development,
from the applicability of any provision of chapter 144 of title 10,
United States Code, or section 139, 181, 2366, 2399, or 2400 of
such title in accordance with the terms and conditions of such
provision.
"(d) Evaluation. - (1) The Director of Operational Test and
Evaluation shall evaluate the results of each test conducted under
subsection (a) as soon as practicable after the completion of such
test.
"(2) The Director shall submit to the Secretary of Defense and
the congressional defense committees [Committees on Armed Services
and Appropriations of Senate and House of Representatives] a report
on the evaluation of each test conducted under subsection (a) upon
completion of the evaluation of such test under paragraph (1).
"(e) Cost, Schedule, and Performance Baselines. - (1) The
Director of the Missile Defense Agency shall establish cost,
schedule, and performance baselines for each block configuration of
the Ballistic Missile Defense System being fielded. The cost
baseline for a block configuration shall include full life cycle
costs for the block configuration.
"(2) The Director shall include the baselines established under
paragraph (1) in the first Selected Acquisition Report for the
Ballistic Missile Defense System that is submitted to Congress
under section 2432 of title 10, United States Code, after the
establishment of such baselines.
"(3) The Director shall also include in the Selected Acquisition
Report submitted to Congress under paragraph (2) the significant
assumptions used in determining the performance baseline under
paragraph (1), including any assumptions regarding threat missile
countermeasures and decoys.
"(f) Variations Against Baselines. - In the event the cost,
schedule, or performance of any block configuration of the
Ballistic Missile Defense System varies significantly (as
determined by the Director of the Ballistic Missile Defense Agency)
from the applicable baseline established under subsection (d), the
Director shall include such variation, and the reasons for such
variation, in the Selected Acquisition Report submitted to Congress
under section 2432 of title 10, United States Code.
"(g) Modifications of Baselines. - In the event the Director of
the Missile Defense Agency elects to undertake any modification of
a baseline established under subsection (d), the Director shall
submit to the congressional defense committees [Committees on Armed
Services and Appropriations of Senate and House of Representatives]
a report setting forth the reasons for such modification."
REPORT REQUIREMENTS RELATING TO BALLISTIC MISSILE DEFENSE PROGRAMS
Pub. L. 107-314, div. A, title II, Sec. 221, Dec. 2, 2002, 116
Stat. 2484, provided that:
"(a) Annual Submission of Current Performance Goals and
Development Baselines. - (1) The Secretary of Defense shall submit
to the congressional defense committees [Committees on Armed
Services and Appropriations of the Senate and the House of
Representatives] each year the performance goals and development
baselines -
"(A) for those ballistic missile defense systems under
development by the Missile Defense Agency that could be fielded;
and
"(B) for any other ballistic missile defense program or project
that has been designated by Congress as a special interest item.
"(2) Such performance goals and development baselines shall be
provided for each block of each such system.
"(3) The performance goals and development baselines under
paragraph (1) shall be included annually with the defense budget
justification materials submitted in support of the President's
budget submitted to Congress under section 1105 of title 31, United
States Code.
"(b) RDT&E Budget Justification Materials. - The budget
justification materials submitted to Congress for any fiscal year
in support of a request for the authorization and appropriation of
funds for research, development, test, and evaluation for ballistic
missile defense systems shall include a funding profile for each
block of each such system that could be fielded that reflects the
development baseline submitted pursuant to subsection (a) for that
fiscal year.
"(c) Review of MDA Criteria in Relation to Military Requirements.
- (1) The Joint Requirements Oversight Council established under
section 181 of title 10, United States Code, shall review cost,
schedule, and performance criteria for missile defense programs of
the Missile Defense Agency in order to assess the validity of those
criteria in relation to military requirements.
"(2) The Secretary shall include the results of such review with
the first annual statement of program goals submitted to the
congressional defense committees under section 232(c) of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 10 U.S.C. 2431 note) after the date of the enactment of
this Act [Dec. 2, 2002]."
PROVISION OF INFORMATION ON FLIGHT TESTING OF GROUND-BASED
MIDCOURSE NATIONAL MISSILE DEFENSE SYSTEM
Pub. L. 107-314, div. A, title II, Sec. 224, Dec. 2, 2002, 116
Stat. 2485, provided that:
"(a) Information To Be Furnished to Congressional Committees. -
The Director of the Missile Defense Agency shall provide to the
congressional defense committees [Committees on Armed Services and
Appropriations of the Senate and the House of Representatives]
information on the results of each flight test of the Ground-based
Midcourse national missile defense system.
"(b) Content. - Information provided under subsection (a) on the
results of a flight test shall include the following matters:
"(1) A thorough discussion of the content and objectives of the
test.
"(2) For each such test objective, a statement regarding
whether or not the objective was achieved.
"(3) For any such test objective not achieved -
"(A) a thorough discussion describing the reasons that the
objective was not achieved; and
"(B) a discussion of any plans for future tests to achieve
that objective."
MISSILE DEFENSE AGENCY TEST PROGRAM
Pub. L. 107-107, div. A, title II, Sec. 232(c)-(h), Dec. 28,
2001, 115 Stat. 1037-1039, as amended by Pub. L. 107-314, div. A,
title II, Sec. 225(b)(2)(A), Dec. 2, 2002, 116 Stat. 2486; Pub. L.
108-136, div. A, title II, Sec. 221(b)(2), (c)(2), Nov. 24, 2003,
117 Stat. 1419; Pub. L. 108-375, div. A, title II, Sec. 233, Oct.
28, 2004, 118 Stat. 1836; Pub. L. 109-163, div. A, title II, Sec.
232, Jan. 6, 2006, 119 Stat. 3174; Pub. L. 109-364, div. A, title
II, Sec. 224, Oct. 17, 2006, 120 Stat. 2130, provided that:
"(c) Requirement for Annual Program Goals. - (1) The Secretary of
Defense shall each year establish cost, schedule, testing, and
performance goals for the ballistic missile defense programs of the
Department of Defense for the period covered by the future-years
defense program that is submitted to Congress that year under
section 221 of title 10, United States Code. Not later than
February 1 each year, the Secretary shall submit to the
congressional defense committees [Committees on Armed Services and
Appropriations of the Senate and the House of Representatives] a
statement of the goals so established.
"(2) The statement of goals submitted under paragraph (1) for any
year after 2002 shall be an update of the statement submitted under
that paragraph for the preceding year.
"(3) Each statement of goals submitted under paragraph (1) shall
set forth cost, schedule, testing, and performance goals that
pertain to each then-current program element for ballistic missile
defense systems in effect pursuant to subsection (a) or (b) of
section 223 of title 10, United States Code.
"(d) Annual Program Plan. - (1) With the submission of the
statement of goals under subsection (c) for any year, the Secretary
of Defense shall submit to the congressional defense committees
[Committees on Armed Services and Appropriations of the Senate and
the House of Representatives] a program of activities planned to be
carried out for each missile defense program that enters
engineering and manufacturing development (as defined in section
223(b)(2) of title 10, United States Code, as added by subsection
(b)).
"(2) Each program plan under paragraph (1) shall include the
following:
"(A) A funding profile that includes an estimate of -
"(i) the total expenditures to be made in the fiscal year in
which the plan is submitted and the following fiscal year,
together with the estimated total life-cycle costs of the
program; and
"(ii) a display of such expenditures (shown for significant
procurement, construction, and research and development) for
the fiscal year in which the plan is submitted and the
following fiscal year.
"(B) A program schedule for the fiscal year in which the plan
is submitted and the following fiscal year for each of the
following:
"(i) Significant procurement.
"(ii) Construction.
"(iii) Research and development.
"(iv) Flight tests.
"(v) Other significant testing activities.
"(3) Information specified in paragraph (2) need not be included
in the plan for any year under paragraph (1) to the extent such
information has already been provided, or will be provided in the
current fiscal year, in annual budget justification documents of
the Department of Defense submitted to Congress or in other
required reports to Congress.
"(e) Internal DOD Reviews. - (1) The officials and elements of
the Department of Defense specified in paragraph (2) shall on an
ongoing basis -
"(A) review the development of goals under subsection (c) and
the annual program plan under subsection (d); and
"(B) provide to the Secretary of Defense and the Director of
the Missile Defense Agency any comments on such matters as
considered appropriate.
"(2) Paragraph (1) applies with respect to the following:
"(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
"(B) The Director of Operational Test and Evaluation.
"(C) The Director of Program Analysis and Evaluation.
"(D) The Joint Requirements Oversight Council.
"(E) The Cost Analysis and Improvement Group.
"(f) Demonstration of Critical Technologies. - (1) The Director
of the Missile Defense Agency shall develop a plan for ensuring
that each critical technology for a missile defense program is
successfully demonstrated in an appropriate environment before that
technology enters into operational service as part of a missile
defense program.
"(2) The Director of Operational Test and Evaluation of the
Department of Defense shall monitor the development of the plan
under paragraph (1) and shall submit to the Director of the Missile
Defense Agency any comments regarding that plan that the Director
of Operational Test and Evaluation considers appropriate.
"(g) Comptroller General Assessment. - (1) At the conclusion of
each of fiscal years 2002 through 2008, the Comptroller General of
the United States shall carry out an assessment of the extent to
which the Missile Defense Agency achieved the goals established
under subsection (c) for that fiscal year for each ballistic
missile defense program of the Department of Defense.
"(2) Not later than March 15 of each of 2003 through 2009, the
Comptroller General shall submit to the congressional defense
committees [Committees on Armed Services and Appropriations of
Senate and House of Representatives] a report on the Comptroller
General's assessment under paragraph (1) with respect to the
preceding fiscal year.
"(h) Annual OT&E Assessment of Test Program. - (1) The Director
of Operational Test and Evaluation shall each year assess the
adequacy and sufficiency of the Missile Defense Agency test program
during the preceding fiscal year.
"(2) Not later than February 15 each year the Director shall
submit to the congressional defense committees a report on the
assessment under paragraph (1) with respect to the preceding fiscal
year."
MISSILE DEFENSE TESTING INITIATIVE
Pub. L. 107-107, div. A, title II, Sec. 234, Dec. 28, 2001, 115
Stat. 1039, provided that:
"(a) Testing Infrastructure. - (1) The Secretary of Defense shall
ensure that each annual budget request of the Department of Defense
-
"(A) is designed to provide for comprehensive testing of
ballistic missile defense programs during early stages of
development; and
"(B) includes necessary funding to support and improve test
infrastructure and provide adequate test assets for the testing
of such programs.
"(2) The Secretary shall ensure that ballistic missile defense
programs incorporate, to the greatest possible extent,
operationally realistic test configurations (referred to as 'test
bed' configurations) to demonstrate system performance across a
broad range of capability and, during final stages of operational
testing, to demonstrate reliable performance.
"(3) The Secretary shall ensure that the test infrastructure for
ballistic missile defense programs is capable of supporting
continued testing of ballistic missile defense systems after
deployment.
"(b) Requirements for Early Stages of System Development. - In
order to demonstrate acceptable risk and developmental stability,
the Secretary of Defense shall ensure that any ballistic missile
defense program incorporates, to the maximum extent practicable,
the following elements during the early stages of system
development:
"(1) Pursuit of parallel conceptual approaches and
technological paths for all critical problematic components until
effective and reliable solutions can be demonstrated.
"(2) Comprehensive ground testing in conjunction with flight-
testing for key elements of the proposed system that are
considered to present high risk, with such ground testing to make
use of existing facilities and combinations of facilities that
support testing at the highest possible levels of integration.
"(3) Where appropriate, expenditures to enhance the
capabilities of existing test facilities, or to construct new
test facilities, to support alternative complementary test
methodologies.
"(4) Sufficient funding of test instrumentation to ensure
accurate measurement of all critical test events.
"(5) Incorporation into the program of sufficient schedule
flexibility and expendable test assets, including missile
interceptors and targets, to ensure that failed or aborted tests
can be repeated in a prudent, but expeditious manner.
"(6) Incorporation into flight-test planning for the program,
where possible, of -
"(A) methods that make the most cost-effective use of test
opportunities;
"(B) events to demonstrate engagement of multiple targets,
'shoot-look-shoot', and other planned operational concepts; and
"(C) exploitation of opportunities to facilitate early
development and demonstration of 'family of systems' concepts.
"(c) Specific Requirements for Ground-Based Mid-Course
Interceptor Systems. - For ground-based mid-course interceptor
systems, the Secretary of Defense shall initiate steps during
fiscal year 2002 to establish a flight-test capability of launching
not less than three missile defense interceptors and not less than
two ballistic missile targets to provide a realistic test
infrastructure."
NATIONAL MISSILE DEFENSE POLICY
Pub. L. 106-38, Sec. 2, July 22, 1999, 113 Stat. 205, provided
that: "It is the policy of the United States to deploy as soon as
is technologically possible an effective National Missile Defense
system capable of defending the territory of the United States
against limited ballistic missile attack (whether accidental,
unauthorized, or deliberate) with funding subject to the annual
authorization of appropriations and the annual appropriation of
funds for National Missile Defense."
NATIONAL MISSILE DEFENSE PROGRAM
Pub. L. 105-85, div. A, title II, Sec. 231, Nov. 18, 1997, 111
Stat. 1661, provided that the Secretary of Defense was to ensure
that the National Missile Defense Program was structured and
programmed for funding so as to support a test, in fiscal year
1999, of an integrated national missile defense system that was
representative of the national missile defense system architecture
that could achieve initial operational capability in fiscal year
2003, and that not later than Feb. 15, 1998, the Secretary was to
submit to the congressional defense committees a plan for the
development and deployment of a national missile defense system
that could achieve initial operational capability in fiscal year
2003.
ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR SECURITY
ADMINISTRATION AND MISSILE DEFENSE AGENCY
Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3132], Oct. 30,
2000, 114 Stat. 1654, 1654A-455, as amended by Pub. L. 107-314,
div. A, title II, Sec. 225(b)(3), Dec. 2, 2002, 116 Stat. 2486,
provided that:
"(a) Jointly Funded Projects. - The Secretary of Energy and the
Secretary of Defense shall modify the memorandum of understanding
for the use of the national laboratories for ballistic missile
defense programs, entered into under section 3131 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 2034; 10 U.S.C. 2431 note), to provide for jointly funded
projects.
"(b) Requirements for Projects. - The projects referred to in
subsection (a) shall -
"(1) be carried out by the National Nuclear Security
Administration and the Missile Defense Agency; and
"(2) contribute to sustaining -
"(A) the expertise necessary for the viability of such
laboratories; and
"(B) the capabilities required to sustain the nuclear
stockpile.
"(c) Participation by NNSA in Certain MDA Activities. - The
Administrator for Nuclear Security and the Director of the Missile
Defense Agency shall implement mechanisms that increase the
cooperative relationship between those organizations. Those
mechanisms may include participation by personnel of the National
Nuclear Security Administration in the following activities of the
Missile Defense Agency:
"(1) Peer reviews of technical efforts.
"(2) Activities of so-called 'red teams'."
Pub. L. 105-85, div. C, title XXXI, Sec. 3131, Nov. 18, 1997, 111
Stat. 2034, provided that:
"(a) Memorandum of Understanding. - The Secretary of Energy and
the Secretary of Defense shall enter into a memorandum of
understanding for the purpose of improving and facilitating the use
by the Secretary of Defense of the expertise of the national
laboratories for the ballistic missile defense programs of the
Department of Defense.
"(b) Assistance. - The memorandum of understanding shall provide
that the Secretary of Defense shall request such assistance with
respect to the ballistic missile defense programs of the Department
of Defense as the Secretary of Defense and the Secretary of Energy
determine can be provided through the technical skills and
experience of the national laboratories, using such financial
arrangements as the Secretaries determine are appropriate.
"(c) Activities. - The memorandum of understanding shall provide
that the national laboratories shall carry out those activities
necessary to respond to requests for assistance from the Secretary
of Defense referred to in subsection (b). Such activities may
include the identification of technical modifications and test
techniques, the analysis of physics problems, the consolidation of
range and test activities, and the analysis and simulation of
theater missile defense deployment problems.
"(d) National Laboratories. - For purposes of this section, the
national laboratories are -
"(1) the Lawrence Livermore National Laboratory, Livermore,
California;
"(2) the Los Alamos National Laboratory, Los Alamos, New
Mexico; and
"(3) the Sandia National Laboratories, Albuquerque, New
Mexico."
BALLISTIC MISSILE DEFENSE PROGRAM
Subtitle C of title II of div. A of Pub. L. 104-106, as amended
by Pub. L. 105-85, div. A, title II, Sec. 236, Nov. 18, 1997, 111
Stat. 1665; Pub. L. 106-65, div. A, title X, Sec. 1067(6), Oct. 5,
1999, 113 Stat. 774; Pub. L. 107-314, div. A, title X, Sec.
1041(c), Dec. 2, 2002, 116 Stat. 2646, provided that:
"SEC. 231. SHORT TITLE.
"This subtitle may be cited as the 'Ballistic Missile Defense Act
of 1995'.
"SEC. 232. FINDINGS.
"Congress makes the following findings:
"(1) The emerging threat that is posed to the national security
interests of the United States by the proliferation of ballistic
missiles is significant and growing, both in terms of numbers of
missiles and in terms of the technical capabilities of those
missiles.
"(2) The deployment of ballistic missile defenses is a
necessary, but not sufficient, element of a broader strategy to
discourage both the proliferation of weapons of mass destruction
and the proliferation of the means of their delivery and to
defend against the consequences of such proliferation.
"(3) The deployment of effective Theater Missile Defense
systems can deter potential adversaries of the United States from
escalating a conflict by threatening or attacking United States
forces or the forces or territory of coalition partners or allies
of the United States with ballistic missiles armed with weapons
of mass destruction to offset the operational and technical
advantages of the United States and its coalition partners and
allies.
"(4) United States intelligence officials have provided
intelligence estimates to congressional committees that (A) the
trend in missile proliferation is toward longer range and more
sophisticated ballistic missiles, (B) North Korea may deploy an
intercontinental ballistic missile capable of reaching Alaska or
beyond within five years, and (C) although a new, indigenously
developed ballistic missile threat to the continental United
States is not foreseen within the next ten years, determined
countries can acquire intercontinental ballistic missiles in the
near future and with little warning by means other than
indigenous development.
"(5) The development and deployment by the United States and
its allies of effective defenses against ballistic missiles of
all ranges will reduce the incentives for countries to acquire
such missiles or to augment existing missile capabilities.
"(6) The concept of mutual assured destruction (based upon an
offense-only form of deterrence), which is the major
philosophical rationale underlying the ABM Treaty, is now
questionable as a basis for stability in a multipolar world in
which the United States and the states of the former Soviet Union
are seeking to normalize relations and eliminate Cold War
attitudes and arrangements.
"(7) The development and deployment of a National Missile
Defense system against the threat of limited ballistic missile
attacks -
"(A) would strengthen deterrence at the levels of forces
agreed to by the United States and Russia under the Strategic
Arms Reduction Talks Treaty (START-I); and
"(B) would further strengthen deterrence if reductions below
the levels permitted under START-I should be agreed to and
implemented in the future.
"(8) The distinction made during the Cold War, based upon the
technology of the time, between strategic ballistic missiles and
nonstrategic ballistic missiles, which resulted in the
distinction made in the ABM Treaty between strategic defense and
nonstrategic defense, has become obsolete because of
technological advancement (including the development by North
Korea of long-range Taepo-Dong I and Taepo-Dong II missiles) and,
therefore, that distinction in the ABM Treaty should be reviewed.
"SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
"It is the policy of the United States -
"(1) to deploy affordable and operationally effective theater
missile defenses to protect forward-deployed and expeditionary
elements of the Armed Forces of the United States and to
complement the missile defense capabilities of forces of
coalition partners and of allies of the United States; and
"(2) to seek a cooperative, negotiated transition to a regime
that does not feature an offense-only form of deterrence as the
basis for strategic stability.
"SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
"(a) Establishment of Core Program. - To implement the policy
established in paragraph (1) of section 233, the Secretary of
Defense shall restructure the core theater missile defense program
to consist of the following systems:
"(1) The Patriot PAC-3 system.
"(2) The Navy Area Defense system.
"(3) The Theater High-Altitude Area Defense (THAAD) system.
"(4) The Navy Theater Wide system.
"(b) Use of Streamlined Acquisition Procedures. - The Secretary
of Defense shall prescribe and use streamlined acquisition policies
and procedures to reduce the cost and increase the efficiency of
developing and deploying the theater missile defense systems
specified in subsection (a).
"(c) Interoperability and Support of Core Systems. - To maximize
effectiveness and flexibility of the systems comprising the core
theater missile defense program, the Secretary of Defense shall
ensure that those systems are integrated and complementary and are
fully capable of exploiting external sensor and battle management
support from systems such as -
"(A) the Cooperative Engagement Capability (CEC) system of the
Navy;
"(B) airborne sensors; and
"(C) space-based sensors (including, in particular, the Space
and Missile Tracking System).
"(d) Follow-on Systems. - (1) The Secretary of Defense shall
prepare an affordable development plan for theater missile defense
systems to be developed as follow-on systems to the core systems
specified in subsection (a). The Secretary shall make the selection
of a system for inclusion in the plan based on the capability of
the system to satisfy military requirements not met by the systems
in the core program and on the capability of the system to use
prior investments in technologies, infrastructure, and battle-
management capabilities that are incorporated in, or associated
with, the systems in the core program.
"(2) The Secretary may not proceed with the development of a
follow-on theater missile defense system beyond the
Demonstration/Validation stage of development unless the Secretary
designates that system as a part of the core program under this
section and submits to the congressional defense committees
[Committees on Armed Services and on Appropriations of the Senate
and House of Representatives] notice of that designation. The
Secretary shall include with any such notification a report
describing -
"(A) the requirements for the system and the specific threats
that such system is designed to counter;
"(B) how the system will relate to, support, and build upon
existing core systems;
"(C) the planned acquisition strategy for the system; and
"(D) a preliminary estimate of total program cost for that
system and the effect of development and acquisition of such
system on Department of Defense budget projections.
"(e) Program Accountability Report. - (1) As part of the annual
report of the Ballistic Missile Defense Organization [now Missile
Defense Agency] required by section 224 of Public Law 101-189 (10
U.S.C. 2431 note), the Secretary of Defense shall describe the
technical milestones, the schedule, and the cost of each phase of
development and acquisition (together with total estimated program
costs) for each core and follow-on theater missile defense program.
"(2) As part of such report, the Secretary shall describe, with
respect to each program covered in the report, any variance in the
technical milestones, program schedule milestones, and costs for
the program compared with the information relating to that program
in the report submitted in the previous year and in the report
submitted in the first year in which that program was covered.
"SEC. 235. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN
INTERNATIONAL AGREEMENT CONCERNING THEATER MISSILE DEFENSE
SYSTEMS.
"(a) Findings. - (1) Congress hereby reaffirms -
"(A) the finding in [former] section 234(a)(7) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 107 Stat. 1595; 10 U.S.C. 2431 note) that the ABM Treaty
was not intended to, and does not, apply to or limit research,
development, testing, or deployment of missile defense systems,
system upgrades, or system components that are designed to
counter modern theater ballistic missiles, regardless of the
capabilities of such missiles, unless those systems, system
upgrades, or system components are tested against or have
demonstrated capabilities to counter modern strategic ballistic
missiles; and
"(B) the statement in section 232 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2700) that the United States shall not be bound by any
international agreement entered into by the President that would
substantively modify the ABM Treaty unless the agreement is
entered into pursuant to the treaty making power of the President
under the Constitution.
"(2) Congress also finds that the demarcation standard described
in subsection (b)(1) for compliance of a missile defense system,
system upgrade, or system component with the ABM Treaty is based
upon current technology.
"(b) Sense of Congress Concerning Compliance Policy. - It is the
sense of Congress that -
"(1) unless a missile defense system, system upgrade, or system
component (including one that exploits data from space-based or
other external sensors) is flight tested in an ABM-qualifying
flight test (as defined in subsection (e)), that system, system
upgrade, or system component has not, for purposes of the ABM
Treaty, been tested in an ABM mode nor been given capabilities to
counter strategic ballistic missiles and, therefore, is not
subject to any application, limitation, or obligation under the
ABM Treaty; and
"(2) any international agreement that would limit the research,
development, testing, or deployment of missile defense systems,
system upgrades, or system components that are designed to
counter modern theater ballistic missiles in a manner that would
be more restrictive than the compliance criteria specified in
paragraph (1) should be entered into only pursuant to the treaty
making powers of the President under the Constitution.
"(c) Prohibition on Funding. - Funds appropriated or otherwise
made available to the Department of Defense for fiscal year 1996
may not be obligated or expended to implement an agreement, or any
understanding with respect to interpretation of the ABM Treaty,
between the United States and any of the independent states of the
former Soviet Union entered into after January 1, 1995, that -
"(1) would establish a demarcation between theater missile
defense systems and anti-ballistic missile systems for purposes
of the ABM Treaty; or
"(2) would restrict the performance, operation, or deployment
of United States theater missile defense systems.
"(d) Exceptions. - Subsection (c) does not apply -
"(1) to the extent provided by law in an Act enacted after this
Act [Pub. L. 104-106, enacted Feb. 10, 1996];
"(2) to expenditures to implement that portion of any such
agreement or understanding that implements the policy set forth
in subsection (b)(1); or
"(3) to expenditures to implement any such agreement or
understanding that is approved as a treaty or by law.
"(e) ABM-Qualifying Flight Test Defined. - For purposes of this
section, an ABM-qualifying flight test is a flight test against a
ballistic missile which, in that flight test, exceeds (1) a range
of 3,500 kilometers, or (2) a velocity of 5 kilometers per second.
"SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
"It is in the interest of the United States to develop its own
missile defense capabilities in a manner that will permit the
United States to complement the missile defense capabilities
developed and deployed by its allies and possible coalition
partners. Therefore, the Congress urges the President -
"(1) to pursue high-level discussions with allies of the United
States and selected other states on the means and methods by
which the parties on a bilateral basis can cooperate in the
development, deployment, and operation of ballistic missile
defenses;
"(2) to take the initiative within the North Atlantic Treaty
Organization to develop consensus in the Alliance for a timely
deployment of effective ballistic missile defenses by the
Alliance; and
"(3) in the interim, to seek agreement with allies of the
United States and selected other states on steps the parties
should take, consistent with their national interests, to reduce
the risks posed by the threat of limited ballistic missile
attacks, such steps to include -
"(A) the sharing of early warning information derived from
sensors deployed by the United States and other states;
"(B) the exchange on a reciprocal basis of technical data and
technology to support both joint development programs and the
sale and purchase of missile defense systems and components;
and
"(C) operational level planning to exploit current missile
defense capabilities and to help define future requirements.
"SEC. 237. ABM TREATY DEFINED.
"For purposes of this subtitle, the term 'ABM Treaty' means the
Treaty Between the United States of America and the Union of Soviet
Socialist Republics on the Limitation of Anti-Ballistic Missile
Systems, and signed at Moscow on May 26, 1972, and includes the
Protocols to that Treaty, signed at Moscow on July 3, 1974.
"SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.
"The Missile Defense Act of 1991 [Pub. L. 102-190, div. A, title
II, part C] (10 U.S.C. 2431 note) is repealed."
COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS AND COMPONENTS WITH
ABM TREATY
Pub. L. 103-337, div. A, title II, Sec. 231, Oct. 5, 1994, 108
Stat. 2699, provided that:
"(a) General Limitation. - Funds appropriated to the Department
of Defense for fiscal year 1995, or otherwise made available to the
Department of Defense from any funds appropriated for fiscal year
1995 or for any fiscal year before 1995, may not be obligated or
expended -
"(1) for any development or testing of anti-ballistic missile
systems or components except for development and testing
consistent with the interpretation of the ABM Treaty set forth in
the enclosure to the July 13, 1993, ACDA letter; or
"(2) for the acquisition of any material or equipment
(including long lead materials, components, piece parts, or test
equipment, or any modified space launch vehicle) required or to
be used for the development or testing of anti-ballistic missile
systems or components, except for material or equipment required
for development or testing consistent with the interpretation of
the ABM Treaty set forth in the enclosure to the July 13, 1993,
ACDA letter.
"(b) Limitation Relating to Brilliant Eyes. - Of the funds
appropriated pursuant to the authorizations of appropriations in
section 201 [108 Stat. 2690] that are made available for the space-
based, midcourse missile tracking system known as the Brilliant
Eyes program, not more than $80,000,000 may be obligated until the
Secretary of Defense submits to the appropriate congressional
committees a report on the compliance of that program with the ABM
Treaty, as determined under the compliance review conducted
pursuant to subsection (c).
"(c) Compliance Review for Brilliant Eyes. - The Secretary of
Defense shall review the Brilliant Eyes program to determine
whether, and under what conditions, the development, testing, and
deployment of the Brilliant Eyes missile tracking system in
conjunction with a theater ballistic missile defense system, with a
limited national missile defense system, and with both such
systems, would be in compliance with the ABM Treaty, including the
interpretation of that treaty set forth in the enclosure to the
July 13, 1993, ACDA letter.
"(d) Compliance Review for Navy Upper Tier System. - (1) The
Secretary of Defense shall review the theater ballistic missile
program known as the Navy Upper Tier program to determine whether
the development, testing, and deployment of the system being
developed under that program would be in compliance with the ABM
Treaty, including the interpretation of the Treaty set forth in the
enclosure to the July 13, 1993, ACDA letter.
"(2) Of the funds made available to the Department of Defense for
fiscal year 1995, not more than $40,000,000 may be obligated for
the Navy Upper Tier program before the date on which the Secretary
submits to the appropriate congressional committees a report on the
compliance of that program with the ABM Treaty, as determined under
the compliance review under paragraph (1).
"(e) Definitions. - In this section:
"(1) The term 'July 13, 1993, ACDA letter' means the letter
dated July 13, 1993, from the Acting Director of the Arms Control
and Disarmament Agency to the chairman of the Committee on
Foreign Relations of the Senate relating to the correct
interpretation of the ABM Treaty and accompanied by an enclosure
setting forth such interpretation.
"(2) The term 'ABM Treaty' means the Treaty between the United
States of America and the Union of Soviet Socialist Republics on
the Limitation of Anti-Ballistic Missiles, signed in Moscow on
May 26, 1972.
"(3) The term 'appropriate congressional committees' means -
"(A) the Committee on Armed Services, the Committee on
Foreign Affairs [now Committee on International Relations], and
the Committee on Appropriations of the House of
Representatives; and
"(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate."
Pub. L. 103-160, div. A, title II, Sec. 234, Nov. 30, 1993, 107
Stat. 1595, contained findings of Congress, required compliance
review, and limited funding pending submission of report, prior to
repeal by Pub. L. 104-106, div. A, title II, Sec. 253(6), Feb. 10,
1996, 110 Stat. 235.
THEATER MISSILE DEFENSE MASTER PLAN
Pub. L. 103-160, div. A, title II, Sec. 235, Nov. 30, 1993, 107
Stat. 1598, provided that:
"(a) Integration and Compatibility. - In carrying out the Theater
Missile Defense Initiative, the Secretary of Defense shall -
"(1) seek to maximize the use of existing systems and
technologies; and
"(2) seek to promote joint use by the military departments of
existing and future ballistic missile defense equipment (rather
than each military department developing its own systems that
would largely overlap in their capabilities).
The Secretaries of the military departments shall seek the maximum
integration and compatibility of their ballistic missile defense
systems as well as of the respective roles and missions of those
systems.
"(b) TMD Master Plan. - The Secretary of Defense shall submit to
Congress a report (which shall constitute the TMD master plan)
containing a thorough and complete analysis of the future of
theater missile defense programs. The report shall include the
following:
"(1) A description of the mission and scope of Theater Missile
Defense.
"(2) A description of the role of each of the Armed Forces in
Theater Missile Defense.
"(3) A description of how those roles interact and complement
each other.
"(4) An evaluation of the cost and relative effectiveness of
each interceptor and sensor under development as part of a
Theater Missile Defense system by the Ballistic Missile Defense
Organization [now Missile Defense Agency].
"(5) A detailed acquisition strategy which includes an analysis
and comparison of the projected acquisition and life-cycle costs
of each Theater Missile Defense system intended for production
(shown separately for research, development, test, and
evaluation, for procurement, for operation and maintenance, and
for personnel costs for each system).
"(6) Specification of the baseline production rate for each
year of the program through completion of procurement.
"(7) An estimate of the unit cost and capabilities of each
system.
"(8) A description of plans for theater and tactical missile
defense doctrine, training, tactics, and force structure.
"(c) Description of Testing Program. - The Secretary of Defense
shall include in the report under subsection (b) -
"(1) a description of the current and projected testing program
for Theater Missile Defense systems and major components; and
"(2) an evaluation of the adequacy of the testing program to
simulate conditions similar to those the systems and components
would actually be expected to encounter if and when deployed
(such as the ability to track and engage multiple targets with
multiple interceptors, to discriminate targets from decoys and
other incoming objects, and to be employed in a shoot-look-shoot
firing mode).
"(d) Relationship to Arms Control Treaties. - The Secretary shall
include in the report under subsection (b) a statement of how
production and deployment of any projected Theater Missile Defense
program will conform to all relevant arms control agreements. The
report shall describe any potential noncompliance with any such
agreement, when such noncompliance is expected to occur, and
whether provisions need to be renegotiated within that agreement to
address future contingencies.
"(e) Submission of Report. - The report required by subsection
(b) shall be submitted as part of the next annual report of the
Secretary submitted to Congress under section 224 of Public Law 101-
189 (10 U.S.C. 2431 note).
"(f) Objectives of Plan. - In preparing the master plan, the
Secretary shall -
"(1) seek to maximize the use of existing technologies (such as
SM-2, AEGIS, Patriot, and THAAD) rather than develop new systems;
"(2) seek to maximize integration and compatibility among the
systems, roles, and missions of the military departments; and
"(3) seek to promote cross-service use of existing equipment
(such as development of Army equipment for the Marine Corps or
ground utilization of an air or sea system).
"(g) Review and Report on Deployment of Ballistic Missile
Defenses. - (1) The Secretary of Defense shall conduct an intensive
and extensive review of opportunities to streamline the weapon
systems acquisition process applicable to the development, testing,
and deployment of theater ballistic missile defenses with the
objective of reducing the cost of deployment and accelerating the
schedule for deployment without significantly increasing
programmatic risk or concurrency.
"(2) In conducting the review, the Secretary shall obtain
recommendations and advice from -
"(A) the Defense Science Board;
"(B) the faculty of the Industrial College of the Armed Forces;
and
"(C) federally funded research and development centers
supporting the Office of the Secretary of Defense.
"(3) Not later than May 1, 1994, the Secretary shall submit to
the congressional defense committees a report on the Secretary's
findings resulting from the review under paragraph (1), together
with any recommendations of the Secretary for legislation. The
Secretary shall submit the report in unclassified form, but may
submit a classified version of the report if necessary to clarify
any of the information in the findings or recommendations or any
related information. The report may be submitted as part of the
next annual report of the Secretary submitted to Congress under
section 224 of Public Law 101-189 (10 U.S.C. 2431 note)."
COOPERATION OF UNITED STATES ALLIES ON DEVELOPMENT OF TACTICAL AND
THEATER MISSILE DEFENSES
Pub. L. 103-160, div. A, title II, Sec. 242(a)-(e), Nov. 30,
1993, 107 Stat. 1603-1605, stated congressional findings, required
Secretary of Defense to develop plan to coordinate development and
implementation of Theater Missile Defense programs of United States
with theater missile defense programs of allies of United States,
specified contents of such plan, required Secretary to submit to
Congress report on such plan in both classified and unclassified
versions, required Secretary to include in each annual Theater
Missile Defense Initiative report to Congress report on actions
taken to implement such plan, specified contents of such report,
related to restriction on funds, stated sense of Congress that
whenever United States deployed theater ballistic missile defenses
to protect country that had not provided support for development of
such defenses United States was to consider seeking reimbursement
from such country to cover at least incremental cost of such
deployment, and related to congressional encouragement of allies of
United States to participate in cooperative Theater Missile Defense
programs of United States and encouragement of participation by
United States in cooperative theater missile defense efforts of
allied nations, prior to repeal by Pub. L. 104-106, div. A, title
II, Sec. 253(7), Feb. 10, 1996, 110 Stat. 235.
TRANSFER OF FOLLOW-ON TECHNOLOGY PROGRAMS
Pub. L. 103-160, div. A, title II, Sec. 243, Nov. 30, 1993, 107
Stat. 1605, as amended by Pub. L. 104-201, div. A, title X, Sec.
1073(e)(1)(E), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 107-314,
div. A, title II, Sec. 225(b)(4)(B), Dec. 2, 2002, 116 Stat. 2486,
provided that:
"(a) Management Responsibility. - Except as provided in
subsection (b), the Secretary of Defense shall provide that
management and budget responsibility for research and development
of any program, project, or activity to develop far-term follow-on
technology relating to ballistic missile defense shall be provided
through the Defense Advanced Research Projects Agency or the
appropriate military department.
"(b) Waiver Authority. - The Secretary may waive the provisions
of subsection (a) in the case of a particular program, project, or
activity if the Secretary certifies to the congressional defense
committees that it is in the national security interest of the
United States to provide management and budget responsibility for
that program, project, or activity through the Missile Defense
Agency.
"(c) Report Required. - As a part of the report required by
section 231(e) [107 Stat. 1593], the Secretary shall submit to the
congressional defense committees a report identifying -
"(1) each program, project, and activity with respect to which
the Secretary has transferred management and budget
responsibility from the Missile Defense Agency in accordance with
subsection (a);
"(2) the agency or military department to which each such
transfer was made; and
"(3) the date on which each such transfer was made.
"(d) Definition. - For the purposes of this section, the term
'far-term follow-on technology' means a technology that is not
incorporated into a ballistic missile defense architecture and is
not likely to be incorporated within 15 years into a weapon system
for ballistic missile defense.
"(e) Conforming Amendment. - Section 234 of the Missile Defense
Act of 1991 [Pub. L. 102-190; 10 U.S.C. 2431 note] is repealed."
THEATER MISSILE DEFENSE INITIATIVE
Pub. L. 102-484, div. A, title II, Sec. 231, Oct. 23, 1992, 106
Stat. 2354, provided that:
"(a) Establishment of Theater Missile Defense Initiative. - The
Secretary of Defense shall establish a Theater Missile Defense
Initiative office within the Department of Defense. All theater and
tactical missile defense activities of the Department of Defense
(including all programs, projects, and activities formerly
associated with the Theater Missile Defense program element of the
Strategic Defense Initiative) shall be carried out under the
Theater Missile Defense Initiative.
"(b) Funding for Fiscal Year 1993. - Of the amounts appropriated
pursuant to section 201 [106 Stat. 2349] or otherwise made
available to the Department of Defense for research, development,
test, and evaluation for fiscal year 1993, not more than
$935,000,000 may be obligated for activities of the Theater Missile
Defense Initiative, of which not less than $90,000,000 shall be
made available for exploration of promising concepts for naval
theater missile defense.
"(c) Report. - When the President's budget for fiscal year 1994
is submitted to Congress pursuant to section 1105 of title 31,
United States Code, the Secretary of Defense shall submit to the
congressional defense committees a report -
"(1) setting forth the proposed allocation by the Secretary of
funds for the Theater Missile Defense Initiative for fiscal year
1994, shown for each program, project, and activity;
"(2) describing an updated master plan for the Theater Missile
Defense Initiative that includes (A) a detailed consideration of
plans for theater and tactical missile defense doctrine,
training, tactics, and force structure, and (B) a detailed
acquisition strategy which includes a consideration of
acquisition and life-cycle costs through the year 2005 for the
programs, projects, and activities associated with the Theater
Missile Defense Initiative;
"(3) assessing the possible near-term contribution and cost-
effectiveness for theater missile defense of exoatmospheric
capabilities, to include at a minimum a consideration of -
"(A) the use of the Navy's Standard missile combined with a
kick stage rocket motor and lightweight exoatmospheric
projectile (LEAP); and
"(B) the use of the Patriot missile combined with a kick
stage rocket motor and LEAP.
"(d) Effective Date. - The provisions of subsections (a), (b),
and (c) shall be implemented not later than 90 days after the date
of the enactment of this Act [Oct. 23, 1992]."
MISSILE DEFENSE PROGRAM
Pub. L. 102-190, div. A, title II, part C, Dec. 5, 1991, 105
Stat. 1321, as amended by Pub. L. 102-484, div. A, title II, Sec.
234(a)-(d)(1), (e), (f), title X, Sec. 1053(1), (2), Oct. 23, 1992,
106 Stat. 2356, 2357, 2501; Pub. L. 103-35, title II, Secs.
202(a)(2), 203(b)(1), May 31, 1993, 107 Stat. 101, 102; Pub. L. 103-
160, div. A, title II, Secs. 232, 243(e), Nov. 30, 1993, 107 Stat.
1593, 1606; Pub. L. 103-337, div. A, title II, Sec. 233, Oct. 5,
1994, 108 Stat. 2700, specified that such provisions could be cited
as the "Missile Defense Act of 1991", and related to missile
defense goal of United States, implementation of goal, review of
follow-on deployment options, definition of term "ABM Treaty", and
interpretation of such provisions, prior to repeal by Pub. L. 104-
106, div. A, title II, Sec. 238, Feb. 10, 1996, 110 Stat. 233.
Similar provisions were contained in the following prior
authorization act:
Pub. L. 101-510, div. A, title II, Sec. 221, Nov. 5, 1990, 104
Stat. 1511.
STRETCHOUT OF MAJOR DEFENSE ACQUISITION PROGRAMS
Pub. L. 100-456, div. A, title I, Sec. 117, 102 Stat. 1933, as
amended by Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(3),
Feb. 10, 1996, 110 Stat. 676, required Secretary of Defense to
submit a stretchout impact statement for certain major defense
acquisition programs at same time the budget for any fiscal year is
submitted to Congress and to submit to Committees on Armed Services
of Senate and House of Representatives, no later than Mar. 15,
1989, a report on feasibility and effect of establishing maximum
production rates by December 1990 for certain major defense
acquisition programs, prior to repeal by Pub. L. 105-85, div. A,
title X, Sec. 1041(c), Nov. 18, 1997, 111 Stat. 1885.
PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES
Section 222 of Pub. L. 100-180 provided that:
"(a) SDI Contracts With Foreign Entities. - Funds appropriated to
or for the use of the Department of Defense may not be used for the
purpose of entering into or carrying out any contract with a
foreign government or a foreign firm if the contract provides for
the conduct of research, development, test, or evaluation in
connection with the Strategic Defense Initiative program.
"(b) Temporary Suspension of Prohibition Upon Certification of
the Secretary of Defense. - The prohibition in subsection (a) shall
not apply to a contract in any fiscal year if the Secretary of
Defense certifies to Congress in writing at any time during such
fiscal year that the research, development, testing, or evaluation
to be performed under such contract cannot be competently performed
by a United States firm at a price equal to or less than the price
at which the research, development, testing, or evaluation would be
performed by a foreign firm.
"(c) Exceptions for Certain Contracts. - The prohibition in
subsection (a) shall not apply to a contract awarded to a foreign
government or foreign firm if -
"(1) the contract is to be performed within the United States;
"(2) the contract is exclusively for research, development,
test, or evaluation in connection with antitactical ballistic
missile systems; or
"(3) that foreign government or foreign firm agrees to share a
substantial portion of the total contract cost.
"(d) Definitions. - In this section:
"(1) The term 'foreign firm' means a business entity owned or
controlled by one or more foreign nationals or a business entity
in which more than 50 percent of the stock is owned or controlled
by one or more foreign nationals.
"(2) The term 'United States firm' means a business entity
other than a foreign firm.
"(e) Transition. - The prohibition in subsection (a) shall not
apply to a contract entered into before the date of the enactment
of this Act [Dec. 4, 1987]."
LIMITATION ON TRANSFER OF CERTAIN MILITARY TECHNOLOGY TO
INDEPENDENT STATES OF FORMER SOVIET UNION
Section 223 of Pub. L. 100-180, as amended by Pub. L. 103-199,
title II, Sec. 203(a)(1), Dec. 17, 1993, 107 Stat. 2321, provided
that: "Military technology developed with funds appropriated or
otherwise made available for the Ballistic Missile Defense Program
may not be transferred (or made available for transfer) to Russia
or any other independent state of the former Soviet Union by the
United States (or with the consent of the United States) unless the
President determines, and certifies to the Congress at least 15
days prior to any such transfer, that such transfer is in the
national interest of the United States and is to be made for the
purpose of maintaining peace."
SDI ARCHITECTURE TO REQUIRE HUMAN DECISION MAKING
Section 224 of Pub. L. 100-180 provided that: "No agency of the
Federal Government may plan for, fund, or otherwise support the
development of command and control systems for strategic defense in
the boost or post-boost phase against ballistic missile threats
that would permit such strategic defenses to initiate the directing
of damaging or lethal fire except by affirmative human decision at
an appropriate level of authority."
PROHIBITION ON DEPLOYMENT OF ANTI-BALLISTIC MISSILE SYSTEM UNLESS
AUTHORIZED BY LAW
Section 226 of Pub. L. 100-180 prohibited Secretary of Defense
from deploying anti-ballistic missile system unless such deployment
was specifically authorized by law after Dec. 4, 1987, prior to
repeal by Pub. L. 104-106, div. A, title II, Sec. 253(3), Feb. 10,
1996, 110 Stat. 234.
ESTABLISHMENT OF FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER
TO SUPPORT SDI PROGRAM
Pub. L. 100-180, div. A, title II, Sec. 227, Dec. 4, 1987, 101
Stat. 1057, authorized the Secretary of Defense, using funds
appropriated to the Department of Defense for the Strategic Defense
Initiative program, to enter into a contract not to be awarded
before Oct. 1, 1989, to provide for the establishment and operation
of a federally funded research and development center (FFRDC) to
provide independent and objective technical support to the
Strategic Defense Initiative program, and provided that no Federal
funds could be provided to the new FFRDC after the end of the five-
year period beginning on the date of the award of the first
contract awarded.
LIMITATION ON ESTABLISHMENT OF FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT CENTER FOR STRATEGIC DEFENSE INITIATIVE PROGRAM
Pub. L. 99-661, div. A, title II, Sec. 213, Nov. 14, 1986, 100
Stat. 3841, prohibited the Secretary of Defense from obligating or
expending any funds for the purpose of operating a Federally funded
research and development center that was established for the
support of the Strategic Defense Initiative Program after Nov. 14,
1986, unless the Secretary submitted to the Committees on Armed
Services of the Senate and House of Representatives a report with
respect to such proposed center and funds were specifically
authorized to be appropriated for such purpose in an Act other than
an appropriations Act or a continuing resolution.
SHOULD-COST ANALYSES
Pub. L. 99-145, title IX, Sec. 915, Nov. 8, 1985, 99 Stat. 688,
as amended by Pub. L. 100-26, Sec. 11(a)(2), Apr. 21, 1987, 101
Stat. 288, required Secretary of Defense to submit to Congress an
annual report setting forth Secretary's plan for performance during
next fiscal year of cost analyses for major defense acquisition
programs for purpose of determining how much production of covered
systems under such programs should cost, prior to repeal by Pub. L.
101-510, div. A, title XIII, Sec. 1322(d)(2), Nov. 5, 1990, 104
Stat. 1672.
REQUIREMENT FOR SPECIFIC AUTHORIZATION FOR DEPLOYMENT OF STRATEGIC
DEFENSE INITIATIVE SYSTEM
Pub. L. 99-145, title II, Sec. 222, Nov. 8, 1985, 99 Stat. 613,
provided that strategic defense system developed as consequence of
research, development, test, and evaluation conducted on Strategic
Defense Initiative program could not be deployed in whole or in
part unless President made a certain determination and
certification to Congress and funding for deployment of such system
was specifically authorized by legislation enacted after date of
certification, prior to repeal by Pub. L. 104-106, div. A, title
II, Sec. 253(1), Feb. 10, 1996, 110 Stat. 234.
ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE PROGRAM
Pub. L. 101-189, div. A, title II, Sec. 224, Nov. 29, 1989, 103
Stat. 1398, as amended by Pub. L. 103-160, div. A, title II, Sec.
240, Nov. 30, 1993, 107 Stat. 1603; Pub. L. 104-201, div. A, title
II, Sec. 244, Sept. 23, 1996, 110 Stat. 2463, provided that not
later than March 15 of each year, the Secretary of Defense was to
transmit to Congress a report on the programs and projects that
constitute the Ballistic Missile Defense program and on any other
program or project relating to defense against ballistic missiles,
prior to repeal by Pub. L. 106-65, div. A, title X, Sec.
1032(b)(1), Oct. 5, 1999, 113 Stat. 751.
Pub. L. 100-180, div. A, title II, Sec. 231(a), Dec. 4, 1987, 101
Stat. 1059, provided that not later than Mar. 15, 1988 and Mar. 15,
1989, the Secretary of Defense was to transmit to Congress a report
on the programs that constitute the Strategic Defense Initiative
and on any other program relating to defense against ballistic
missiles.
Pub. L. 98-525, title XI, Sec. 1102, Oct. 19, 1984, 98 Stat.
2580, required Secretary of Defense, at time of his annual budget
presentation to Congress beginning with fiscal year 1986 and ending
with fiscal year 1990, to transmit to Committees on Armed Services
and Foreign Affairs of House of Representatives and Committees on
Armed Services and Foreign Relations of Senate, a detailed report
on programs that constitute SDI, prior to repeal by Pub. L. 100-
180, div. A, title II, Sec. 231(b), Dec. 4, 1987, 101 Stat. 1060.
PLANS FOR MANAGEMENT OF TECHNICAL DATA AND COMPUTER CAPABILITY
IMPROVEMENTS
Section 1252 of Pub. L. 98-525 directed Secretary of Defense, not
later than one year after Oct. 19, 1984, to develop a plan for an
improved system for the management of technical data relating to
any major system of the Department of Defense and, not later than 5
years after Oct. 19, 1984, to complete implementation of the
management plan, directed Comptroller General, not later than 18
months after Oct. 19, 1984, to transmit to Congress a report
evaluating the plan developed, and directed Secretary of Defense,
not later than 180 days after Oct. 19, 1984, to transmit to
Congress a plan to improve substantially the computer capability of
each of the military departments and of the Defense Logistics
Agency to store and access rapidly data that is needed for the
efficient procurement of supplies.
CONSULTATION WITH ALLIES ON STRATEGIC DEFENSE INITIATIVE PROGRAM
Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8104],
Oct. 12, 1984, 98 Stat. 1904, 1942, provided that: "It is the sense
of the Congress that - (a) the President shall inform and make
every effort to consult with other member nations of the North
Atlantic Treaty Organization, Japan, and other appropriate allies
concerning the research being conducted in the Strategic Defense
Initiative program. (b) The Secretary of Defense, in coordination
with the Secretary of State and the Director of the Arms Control
and Disarmament Agency, shall at the time of the submission of the
annual budget presentation materials for each fiscal year beginning
after September 30, 1984, report to the Committees on
Appropriations, Armed Services, and Foreign Relations of the Senate
and the Committees on Appropriations, Armed Services, and Foreign
Affairs [now International Relations] of the House of
Representatives on the status of the consultations referred to
under subsection (a)."
[For abolition, transfer of functions, and treatment of
references to United States Arms Control and Disarmament Agency,
see section 6511 et seq. of Title 22, Foreign Relations and
Intercourse.]
ANTISATELLITE WEAPONS TEST
Pub. L. 100-180, div. A, title II, Sec. 208, Dec. 4, 1986, 101
Stat. 1048, prohibited the Secretary of Defense, until Oct. 1,
1988, from carrying out a test of the Space Defense System
(antisatellite weapon) involving the F-15 launched miniature homing
vehicle against an object in space until the President certified to
Congress that the Soviet Union had conducted, after Dec. 4, 1987, a
test against an object in space of a dedicated antisatellite
weapon.
Pub. L. 99-661, div. A, title II, Sec. 231, Nov. 14, 1986, 100
Stat. 3847, prohibited the Secretary of Defense, until Oct. 1,
1987, from carrying out a test of the Space Defense System (anti-
satellite weapon) against an object in space until the President
certified to Congress that the Soviet Union had conducted, after
Nov. 14, 1986, a test against an object in space of a dedicated
anti-satellite weapon.
Similar provisions were contained in the following prior acts:
Pub. L. 99-500, Sec. 101(c) [title XI, Sec. 1101], Oct. 18, 1986,
100 Stat. 1783-82, 1783-177, and Pub. L. 99-591, Sec. 101(c) [title
XI, Sec. 1101], Oct. 30, 1986, 100 Stat. 3341-82, 3341-177.
Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8097], Dec. 19,
1985, 99 Stat. 1185, 1219.
Pub. L. 99-145, title II, Sec. 208(a), (b), Nov. 8, 1985, 99
Stat. 610, provided that:
"(a) Requirement Regarding the Use of Funds. - None of the funds
appropriated pursuant to an authorization in this or any other Act
may be obligated or expended to test against an object in space the
miniature homing vehicle (MHV) anti-satellite warhead launched from
an F-15 aircraft unless the President has made a determination and
a certification to the Congress as provided in section 8100 of the
Department of Defense Appropriations Act, 1985 [set out as a note
below] (as contained in section 101(h) of Public Law 98-473 (98
Stat. 1941)).
"(b) Limitation on Number of Tests. - Not more than three tests
described in subsection (a) may be conducted before October 1,
1986."
Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8100],
Oct. 12, 1984, 98 Stat. 1904, 1941, provided that:
"(a) Notwithstanding any other provision of law, none of the
funds appropriated or made available in this or any other Act may
be obligated or expended to test against an object in space the
miniature homing vehicle (MHV) anti-satellite warhead launched from
an F-15 aircraft unless the President determines and certifies to
Congress -
"(1) that the United States is endeavoring, in good faith, to
negotiate with the Soviet Union a mutual and verifiable agreement
with the strictest possible limitations on anti-satellite weapons
consistent with the national security interests of the United
States;
"(2) that, pending agreement on such strict limitations,
testing against objects in space of the F-15 launched miniature
homing vehicle anti-satellite warhead by the United States is
necessary to avert clear and irrevocable harm to the national
security;
"(3) that such testing would not constitute an irreversible
step that would gravely impair prospects for negotiations on anti-
satellite weapons; and
"(4) that such testing is fully consistent with the rights and
obligations of the United States under the Anti-Ballistic Missile
Treaty of 1972 as those rights and obligations exist at the time
of such testing.
"(b) During fiscal year 1985, funds appropriated for the purpose
of testing the F-15 launched miniature homing vehicle anti-
satellite warhead may not be used to conduct more than three tests
of that warhead against objects in space.
"(c) The limitation on the expenditure of funds provided by
subsection (a) of this section shall cease to apply fifteen
calendar days after the date of the receipt by Congress of the
certification referred to in subsection (a) or March 1, 1985,
whichever occurs later."
Similar provisions were contained in the following prior
authorization act:
Pub. L. 98-94, title XI, Sec. 1235, Sept. 24, 1983, 97 Stat. 695;
as amended by Pub. L. 98-525, title II, Sec. 205, Oct. 19, 1984, 98
Stat. 2509.
EAST COAST TRIDENT BASE AND MX MISSILE SYSTEM SITES; USE OF FUNDS
APPROPRIATED TO DEPARTMENT OF DEFENSE; ASSISTANCE TO NEARBY
COMMUNITIES TO HELP MEET COSTS OF INCREASED MUNICIPAL SERVICES
Pub. L. 96-418, title VIII, Sec. 802, Oct. 10, 1980, 94 Stat.
1775, as amended by Pub. L. 97-99, title IX, Sec. 904(b), Dec. 23,
1981, 95 Stat. 1382; Pub. L. 98-115, title VIII, Sec. 805, Oct. 11,
1983, 97 Stat. 785; Pub. L. 101-510, div. A, title XIII, Sec.
1322(f), Nov. 5, 1990, 104 Stat. 1672, provided that:
"(a) The Secretary of Defense (hereinafter in this section
referred to as the 'Secretary') may assist communities located near
MX Missile System sites and communities located near the East Coast
Trident Base, and the States in which such communities are located,
in meeting the costs of providing increased municipal services and
facilities to the residents of such communities, if the Secretary
determines that there is an immediate and substantial increase in
the need for such services and facilities in such communities as a
direct result of work being carried out in connection with the
construction, installation, or operation of the MX Missile System
or the East Coast Trident Base, as the case may be, and that an
unfair and excessive financial burden will be incurred by such
communities, or the States in which such communities are located,
as a result of such increased need for such services and
facilities.
"(b)(1) Whenever possible, the Secretary shall carry out the
program of assistance authorized under this section through
existing Federal programs. In carrying out such program of
assistance, the Secretary may -
"(A) supplement funds made available under existing Federal
programs through a direct transfer of funds from the Secretary to
the department or agency concerned in such amounts as the
Secretary considers necessary;
"(B) provide financial assistance to communities described in
subsection (a) to help such communities pay their share of the
costs under such programs;
"(C) guarantee State or municipal indebtedness, and make
interest payments, in whole or in part, for State or municipal
indebtedness, for improved public facilities related to the MX
Missile System site or the East Coast Trident Base, as the case
may be; and
"(D) make direct grants to or on behalf of communities
described in subsection (a) in cases in which Federal programs
(or funds for such programs) do not exist or are not sufficient
to meet the costs of providing increased municipal services and
facilities to the residents of such communities.
"(2) The head of each department and agency shall cooperate fully
with the Secretary in carrying out the provisions of this section
on a priority basis.
"(3) Notwithstanding any other provision of law, the Secretary,
in cooperation with the heads of other departments and agencies of
the Federal Government, may provide assistance under this section
in anticipation of the work to be carried out in connection with
the MX Missile System sites or the East Coast Trident Base, as the
case may be.
"(c) In determining the amount of financial assistance to be made
available under this section to any local community for any
community service or facility, the Secretary shall consult with the
head of the department or agency concerned with the type of service
or facility for which financial assistance is being made available
and shall take into consideration -
"(1) the time lag between the initial impact of increased
population in any such community and any increase in the local
tax base which will result from such increased population;
"(2) the possible temporary nature of the increased population
and the long-range cost impact on the permanent residents of any
such community;
"(3) the initial capitalization required for municipal sewer
and water systems;
"(4) the initial operating cost for upgrading municipal
services; and
"(5) such other pertinent factors as the Secretary considers
appropriate.
"(d) Funds appropriated to the Department of Defense for carrying
out the MX Missile System deployment program and the East Coast
Trident Base may, to the extent specifically authorized in Military
Construction Authorization Acts, be used by the Secretary to
provide assistance under this section."
MX MISSILE AND BASING MODE
Pub. L. 96-342, title II, Sec. 202, Sept. 8, 1980, 94 Stat. 1079,
provided that:
"(a) The Congress finds that a survivable land-based
intercontinental ballistic missile (ICBM) system is vital to the
security of the United States and to a stable strategic balance
between the United States and the Soviet Union and that timely
deployment of a new basing mode is essential to the survivability
of this Nation's land-based intercontinental ballistic missiles. It
is, therefore, the purpose of this section to commit the Congress
to the development and deployment of the MX missile system,
consisting of 200 missiles and 4,600 hardened shelters, and to
insure that deployment of the entire MX system is carried out as
soon as practicable.
"(b) The Secretary of Defense shall proceed immediately with the
full-scale engineering development of the MX missile and a Multiple
Protective Structure (MPS) basing mode and shall continue such
development in a manner that will achieve an Initial Operational
Capability of such missile and basing mode not later than December
31, 1986.
"(c) Notwithstanding any other provision of law, the initial
phase of construction shall be limited to 2,300 protective shelters
for the MX missile in the initial deployment area.
"(d) In accordance with the finding of the Congress expressed in
subsection (a), a full system of at least 4,600 protective shelters
may be deployed in the initial deployment area if, after completion
of a study to be conducted by the Secretary of Defense of an
alternate site for a portion of the system, it is determined by the
Congress that adverse cost, military considerations, or other
reasons preclude split basing."
DEVELOPMENT OF MX MISSILE SYSTEM
Pub. L. 96-29, title II, Sec. 202, June 27, 1979, 93 Stat. 79,
provided that:
"(a) It is the sense of the Congress that maintaining a
survivable land-based intercontinental ballistic missile system is
vital to the security of the United States and that development of
a new basing mode for land-based intercontinental ballistic
missiles is necessary to assure the survivability of the land-based
system. To this end, the development of the MX missile, together
with a new basing mode for such missile, should proceed so as to
achieve Initial Operational Capability (IOC) for both such missile
and such basing mode at the earliest practicable date.
"(b) In addition, it is the sense of the Congress that the basing
mode for the MX missile should be restricted to location on the
least productive land available that is suitable for such purpose.
"(c) In accordance with the sense of Congress expressed in
subsection (a), the Secretary of Defense shall proceed immediately
with full scale engineering development of the missile basing mode
known as the Multiple Protective Structure (MPS) system
concurrently with full scale engineering development of the MX
missile, unless and until the Secretary of Defense certifies to the
Congress that an alternative basing mode is militarily or
technologically superior to, and is more cost effective than, the
MPS system or the President informs the Congress that in his view
the MPS system is not consistent with United States national
security interests.
"(d) Nothing in this section shall be construed to prohibit or
restrict the study of alternative basing modes for land-based
intercontinental ballistic missiles."
REPORTS TO CONGRESS OF ACQUISITIONS FOR MAJOR DEFENSE SYSTEMS
Section 811 of Pub. L. 94-106, as amended by Pub. L. 96-107,
title VIII, Sec. 809, Nov. 9, 1979, 93 Stat. 815; Pub. L. 97-86,
title IX, Sec. 917(e), Dec. 1, 1981, 95 Stat. 1131, which required
reports to Congress respecting acquisitions of major defense
systems, including total program acquisition unit costs, was
repealed by Pub. L. 97-252, title XI, Sec. 1107(b), Sept. 8, 1982,
96 Stat. 746, effective Jan. 1, 1983, as provided in section
1107(c) of Pub. L. 97-252, set out as an Effective Date note under
section 2432 of this title. See sections 2432 and 2433 of this
title.
TRIDENT SUPPORT SITE, BANGOR, WASHINGTON; FINANCIAL AID TO LOCAL
COMMUNITIES; REPORTS
Section 608 of Pub. L. 93-552, title VI, Dec. 27, 1974, 88 Stat.
1763, provided:
"(a) The Secretary of Defense is authorized to assist communities
located near the TRIDENT Support Site Bangor, Washington, in
meeting the costs of providing increased municipal services and
facilities to the residents of such communities, if the Secretary
determines that there is an immediate and substantial increase in
the need for such services and facilities in such communities as a
direct result of work being carried out in connection with the
construction, installation, testing, and operation of the TRIDENT
Weapon System and that an unfair and excessive financial burden
will be incurred by such communities as a result of the increased
need for such services and facilities.
"(b) The Secretary of Defense shall carry out the provisions of
this section through existing Federal programs. The Secretary is
authorized to supplement funds made available under such Federal
programs to the extent necessary to carry out the provisions of
this section, and is authorized to provide financial assistance to
communities described in subsection (a) of this section to help
such communities pay their share of the costs under such programs.
The heads of all departments and agencies concerned shall cooperate
fully with the Secretary of Defense in carrying out the provisions
of this section on a priority basis.
"(c) In determining the amount of financial assistance to be made
available under this section to any local community for any
community service or facility, the Secretary of Defense shall
consult with the head of the department or agency of the Federal
Government concerned with the type of service or facility for which
financial assistance is being made available and shall take into
consideration (1) the time lag between the initial impact of
increased population in any such community and any increase in the
local tax base which will result from such increased population,
(2) the possible temporary nature of the increased population and
the long-range cost impact on the permanent residents of any such
community, and (3) such other pertinent factors as the Secretary of
Defense deems appropriate.
"(d) Any funds appropriated to the Department of Defense for the
fiscal year beginning July 1, 1974, for carrying out the TRIDENT
Weapon System shall be utilized by the Secretary of Defense in
carrying out the provisions of this section to the extent that
funds are unavailable under other Federal programs. Funds
appropriated to the Department of Defense for any fiscal year
beginning after June 30, 1975, for carrying out the TRIDENT Weapon
System may, to the extent specifically authorized in an annual
Military Construction Authorization Act, be utilized by the
Secretary of Defense in carrying out the provision of this section
to the extent that funds are unavailable under other Federal
programs.
"(e) The Secretary shall transmit to the Committees on Armed
Services of the Senate and the House of Representatives semiannual
reports indicating the total amount expended in the case of each
local community which was provided assistance under the authority
of this section during the preceding six-month period, the specific
projects for which assistance was provided during such period, and
the total amount provided for each such project during such
period."