Missile Defense-Related Excerpts
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 1998
CONFERENCE REPORT
to accompany
H.R. 1119
October 23, 1997
105th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report 105-340
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
..............
Cooperative engagement capability
The budget request included no funds for procurement of cooperative
engagement capability (CEC) equipment.
The House bill would authorize $114.8 million to restore the Navy's
CEC fielding plan by procuring and installing CEC shipsets for two
aircraft carrier battle groups.
The Senate amendment would authorize $74.8 million to procure and
install CEC battle group equipment.
The conferees agree to authorize an increase of $75.0 million for
procurement and installation of CEC battle group equipment.
................
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
................
Cooperative engagement capability
The budget request included $139.2 million in PE 63658N for the
cooperative engagement capability (CEC).
The House bill would authorize a total increase of $50.0 million in
PE 63658N for the CEC program: $15.0 million to continue the accelerated
development of the low cost common equipment set; $5.0 million to
support transfer of the CEC design and development agent to industry;
$20.0 million to accelerate integration of the CEC into Navy E 2C and P
3 aircraft; $5.0 million to initiate development of an integrated
capability between CEC and the ship self defense program (SSDS); and
$5.0 million to accelerate joint service integration and demonstration
of CEC with the Army's Patriot and the Marine Corps' Hawk air defense
missile systems.
The Senate amendment would authorize an increase of $9.5 million in
PE 63658N to:
(1) $5.0 million to continue the transition of design responsibility
from its developer to the CEC procurement contractor; and
(2) $4.5 million to continue integration of CEC into the Marine
Corps Hawk missile system.
The Senate amendment would also authorize $5.0 million in PE 64212N
to initiate development of a Ku-band data link kit for the SH 60B
helicopter to avoid CEC interference.
The conferees agree to authorize an increase of $33.0 million in PE
63658N as follows:
(1) $15.0 million for low cost common equipment sets;
(2) $10.0 million for P 3 and E 2C integration;
(3) $5.0 million for CEC SSDS integration; and
(4) $3.0 million for CEC Hawk missile system integration.
The conferees agree not to authorize an increase in PE 64212N for
the SH 60B Ku-band data link.
................
Rocket Systems Launch Program
The budget request included $8.0 million in PE 65860F for the Rocket
Systems Launch Program (RSLP).
The House bill would authorize an increase of $25.0 million for RSLP
to support the launch of an Atmospheric Intercept Technology (AIT)
demonstration payload.
The Senate amendment would authorize the budget request.
The conferees agree to authorize an increase of $20.0 million for
RSLP in support of the AIT program. The conferees direct the Ballistic
Missile Defense Organization and the Air Force to develop a coordinated
implementation plan for executing the RSLP and AIT budgets in order to
maximize the benefit to the AIT program.
Cruise missile defense
The budget request included no funds to begin transitioning sensor
technology from the Defense Advanced Research Projects Agency (DARPA) to
the Air Force for insertion into the Airborne Warning and Control System
(AWACS) or the Joint Surveillance Target Attack Radar System (JSTARS)
for cruise missile defense.
The House bill would authorize the budget request.
The Senate amendment would authorize increases of $10.0 million to
PE 27417F to begin the necessary upgrades to AWACS, and $10.0 million to
PE 27581F to begin necessary upgrades to JSTARS.
The conferees agree to authorize an increase of $3.0 million in PE
27581F to begin necessary upgrades to JSTARS for cruise missile defense.
Given the growing threat posed by cruise missiles, the conferees
continue to support development of a comprehensive cruise missile
defense architecture, integrated into DOD's overall air and theater
missile defense efforts. Because counter cruise missile technologies
have matured at DARPA, and because DARPA funding to support key sensor
technologies ends in fiscal year 1998, the conferees strongly urge the
Air Force to begin to integrate these technologies into operational
platforms, specifically into the AWACS and JSTARS platforms. The
conferees expect the Air Force to assume these two important
initiatives. To support these efforts, the conferees encourage the Air
Force to prepare expeditiously the report on cruise missile defense
directed in the statement of managers accompanying the conference report
on H.R. 2266 (H. Rept. 105 265). The conferees understand that the Air
Force's report could conclude that the Air Force should apply additional
funds to cruise missile defense upgrades to the AWACS or JSTARS programs
during fiscal year 1998 beyond those approved in this Act. If that is
the conclusion of the report, the conferees would be willing to
entertain a request to reallocate funds within the AWACS or JSTARS
programs, or to reprogram funds from other activities.
................
Ballistic Missile Defense Organization funding
The budget request included approximately $2.6 billion for the
Ballistic Missile Defense Organization (BMDO) for research, development,
test, and evaluation (RDT&E). The budget request also included $386.4
million in procurement funds formerly managed by BMDO that were
transferred to the military services. As addressed elsewhere in this
report, the conferees have agreed to include a legislative provision
requiring that these procurement funds be transferred back to BMDO. In
addition, the conferees have agreed to specifically authorize these
procurement funds in their original BMDO program elements. Consistent
with these changes, the following direction addresses these fiscal year
1998 procurement funds as part of the budget request for BMDO. Funding
direction regarding BMDO military construction is located elsewhere in
this report. Specific programmatic and funding guidance is provided
below.
BMDO FUNDING ALLOCATION
[In millions of dollars]
Program element Budget request SASC change HNSC change Conf. change Total authorized
RDT&E: 249.5 +188.4 +35.0 +171.0 420.5
Procurement: 20.1 20.1
----------------- ------------- ------------- -------------- -------------------
BMDO Total 2,966.6 +578.7 +817.5 +709.5 3,676.1
\1\Following submission of the budget request, the Department of Defense submitted a revised fiscal year 1998 budget request for THAAD of $353.4 million for Dem/Val and no funds for EMD.
\2\Transfer to Cooperative BMD.
LOW COST LAUNCH TECHNOLOGY
The budget request included no funds to support low cost launch
technologies, such as pressure fed engine technology.
The House bill would authorize an increase of $15.0 million in PE
63302F for development of the Scorpius low cost launch concept.
The Senate amendment would authorize an increase of $10.0 million in
PE 63173C for low cost launch technology development, including the
Scorpius concept.
The conferees agree to authorize an increase of $5.0 million in PE
63173C and an increase of $5.0 million in PE 63401F for low cost launch
technology, including the Scorpius and Excalibur concepts.
THEATER HIGH ALTITUDE AREA DEFENSE SYSTEM
The budget request included $556.1 million for the Theater High
Altitude Area Defense (THAAD) program, of which $294.6 million was
included in PE 63861C and $261.5 million was included in PE 64861C. The
Department of Defense, after an analysis of the THAAD program by the
Quadrennial Defense Review, submitted an amended budget request of
$353.4 million in PE 63861C and no funding in PE 64861C.
The House bill would authorize the original budget request in PE
63861C and $306.5 million in PE 64861C.
The Senate amendment would authorize $353.4 million in PE 63861C and
no funds for THAAD in PE 64861C.
The conferees agree to authorize $406.1 million in PE 63861C for
THAAD and no funds in PE 64861C.
The conferees express their continued strong support for THAAD and
believe that fielding THAAD as expeditiously as possible is a matter of
highest priority.
The conferees understand that the funding added for THAAD
demonstration and validation will be used for extensive risk reduction
activities to put the program on sounder technical and programmatic
footing when it enters engineering and manufacturing development (EMD)
in fiscal year 1999.
The conferees also support DOD efforts to contain program cost
growth that could result from schedule delays and technical
complications. The conferees expect the Secretary of Defense to review
the full range of cost control options applicable to the EMD phase of
the program, including, but not limited to, options involving
competition and leader-follower. The conferees direct the Secretary of
Defense to submit a report on the results of this review to the
congressional defense committees by March 15, 1998.
The conferees continue to note their concern over long delays in the
THAAD program. In the wake of the Gulf War, Congress directed the
deployment of effective theater missile defenses at the earliest
possible date. The THAAD program was initiated in calendar year 1992 and
deployment originally planned for the mid-1990s. Yet BMDO now supports a
14-year development program, with a first unit equipped (FUE) in calendar
year 2006, arguing that a 12-year development program entails excessive
programmatic and schedule risks.
The conferees understand that the most recent THAAD schedule
supported by BMDO includes a number of opportunities to accelerate the
program, depending on the technical progress. The conferees continue to
believe that rapid deployment is critical to meet well understood
warfighter requirements, and that every reasonable effort should be made
to achieve an FUE in calendar year 2004. The conferees direct the
Secretary of Defense to take all appropriate budgetary and programmatic
steps for fiscal year 1998 to ensure that the program can be accelerated
if opportunities arise to do so.
The conferees are also concerned that a delay in the program will
adversely affect THAAD EMD and procurement funding in the FYDP. The
conferees direct the Secretary of Defense to submit a FYDP that fully
funds a THAAD program oriented toward the earliest possible deployment,
consistent with moderate program risk.
navy upper tier (theater wide)
The budget request included $194.9 million in PE 63868C for the Navy
Upper Tier theater missile defense system.
The House bill would authorize an increase of $150.0 million for the
Navy Upper Tier program.
The Senate amendment would authorize an increase of $80.0 million
for the Navy Upper Tier program.
The Senate recedes.
The conferees are concerned that the Department of Defense still has
not thoroughly assessed the feasibility of accelerating the currently
planned Navy Upper Tier deployment date of fiscal year 2008. Noting
numerous administration statements attaching high priority to TMD
programs, the conferees direct the Secretary of Defense to report to the
congressional defense committees no later than February 15, 1998, on the
cost and technical feasibility of options for a more robust Navy Upper
Tier flight test program, the earliest technically feasible deployment
date, and costs associated with such a deployment date.
NATIONAL MISSILE DEFENSE
The budget request included $504.1 million in PE 63871C for the
National Missile Defense (NMD) program. Following the budget submission,
and pursuant to the Quadrennial Defense Review, the Secretary of Defense
requested that the NMD budget request be increased by $474.0 million for
fiscal year 1998.
The House bill and Senate amendment would authorize an increase of
$474.0 million for the NMD program.
The conferees agree to authorize an increase of $474.0 million for
the NMD program.
The conferees have expressed concern for some time that the NMD
program has been underfunded. The Department of Defense has acknowledged
this funding shortfall and recommended an increase of $474.0 million in
fiscal year 1998, and approximately $2.3 billion over the years of the
Future Years Defense Program (FYDP). The conferees note that this does
not include any funding for the actual deployment of an NMD system.
Although the conferees are pleased that the Secretary of Defense has
sought to rectify NMD funding shortfalls, they are disappointed that it
has taken so long. Even with significant congressional increases over
the last two years, the NMD program remains high risk, largely due to
the administration's failure to adequately fund robust testing
activities. Unfortunately, the addition of $474.0 million in fiscal year
1998 will do little in the near-term to compensate for this problem. The
conferees are concerned by the lack of detail accompanying the Secretary
of Defense's request to increase the NMD program budget by $2.3 billion
over the FYDP. In addition, the conferees are not satisfied with the
degree of information provided to date on how past NMD funding increases
have been spent. Therefore, the conferees direct the Secretary of
Defense to submit a report to the congressional defense committees by
February 15, 1998, providing a detailed accounting of how NMD funds have
been spent since the beginning of fiscal year 1996 and a detailed plan
for the allocation of NMD funding in the FYDP. In addition, the
Secretary shall provide a detailed description of the cost estimating
and cost control mechanisms in place within DOD for the NMD program, and
an assessment of whether they are adequate.
The conferees believe that BMDO should continue to understand issues
associated with sea-based NMD options. The conferees are aware of
analysis that shows that a version of the Navy Upper Tier TMD system
could be employed in an NMD role. Therefore, the conferees direct the
Director of BMDO to submit a report to the congressional defense
committees by February 15, 1998, describing whether and how the Navy
Upper Tier program could be upgraded in the future to provide a limited
NMD capability. The report should address the technical issues
associated with a sea-based NMD option as well as costs associated with
such a concept. The report should also address whether and, if so, how a
sea-based NMD system could be integrated into and supplement a
ground-based NMD system, whether and, if so, how a sea-based system
would provide needed additional capabilities in support of the
requirements for the existing NMD program, and whether such a system
would comply with the ABM Treaty.
COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM
The budget request included $38.7 million for the Arrow Continuation
Experiments/Arrow Deployability (ACES/ADP) program (PE 63872C), $12.9
million for the Unmanned Aerial Vehicle Boost Phase Intercept (UAV BPI)
program (PE 63870C), and $16.5 million for the Tactical High Energy
Laser (THEL) program (PE 63308A), all of which are U.S.-Israeli
cooperative missile defense programs. The budget request included no
funding for the Russian American Observation Satellite (RAMOS) program
and the Active Plasma Experiment (APEX) program, both of which are
cooperative Russian-American programs.
The House bill would authorize $123.1 million in a new BMDO program
element (63XXXC) for cooperative international BMD programs, including
$48.7 million for the Arrow program, an increase of $10.0 million; the
budget request for the UAV BPI program; $38.2 million for THEL, of which
$15.0 million was a funding increase and another $6.7 million was to be
funded by BMDO administrative accounts; and $30.0 million for RAMOS and APEX.
The Senate amendment would authorize $53.7 million for Arrow in PE
63872C, an increase of $15.0 million; $17.9 million for UAV BPI in PE
63870C, an increase of $5.0 million; $51.5 million for THEL in PE
63308A, an increase of $35.0 million; and no funding for RAMOS or APEX.
The conferees agree to authorize $50.7 million for Arrow in PE
63872C, an increase of $10.0 million; $16.4 million for UAV BPI in PE
63870C, an increase of $3.5 million; $51.0 million for THEL in PE
63308A, an increase of $34.5 million; $13.0 million for RAMOS in PE
63173C; and $8.0 million for APEX in PE 63173C.
The House recedes on its initiative to create a new cooperative BMD
PE for fiscal year 1998. A legislative provision to create a new
cooperative BMD program element for fiscal year 1999 is described
elsewhere in this report. The conferees expect that these programs and
other appropriate programs will be managed through this new cooperative
BMD program element.
SPACE-BASED LASER
The budget request included $28.9 million in PE 63173C for the Space
Based Laser (SBL) program.
The House bill would authorize the budget request for the SBL program.
The Senate amendment would authorize an increase of $118.0 million
for the SBL program.
The conferees agree to authorize an increase of $98.0 million for
the SBL program, for a total of $126.9 million in fiscal year 1998.
The conferees strongly endorse the recommendation of BMDO's SBL
Independent Review Team (IRT) to proceed on a low risk path leading to
the launch of an ABM Treaty compliant Readiness Demonstrator (RD) in
fiscal year 2005. In a letter of August 15, 1997 to the Senate Majority
Leader, the Secretary of Defense confirmed that SBL technology ``has
reached a level of maturity enabling us to focus on integration issues
that could lead to a future space demonstration of a sub-scale
vehicle.'' The conferees believe that such an SBL RD can be developed
and launched without violating the ABM Treaty. Proceeding with an SBL RD
will not commit the United States to development or deployment of an
operational SBL system, but will preserve this option for future
consideration.
The conferees support the management structure that has been
established for the SBL program, with the Air Force acting as the
executive agent for BMDO, but believe that the Air Force must program a
share of the funding needed to develop and launch the SBL RD. The
conferees understand that the Air Force leadership is committed to such
a cost-sharing arrangement and look forward to this commitment being
reflected in the fiscal year 1999 budget request and in future Air Force
Program Objective Memorandum (POM) submissions. The conferees also
understand that the Secretary of Defense is considering options for
increasing funding for the SBL program in the BMDO budget. The conferees
recognize that full funding of the SBL RD program will allow a much more
efficient and lower risk program. Therefore, the conferees strongly urge
the Secretary of Defense to explore all possible means of including the
full SBL IRT recommended funding profile for a fiscal year 2005 launch
in the combined BMDO and Air Force Future Years Defense Program (FYDP),
starting with the fiscal year 1999 budget request.
The conferees direct that all funds authorized to be appropriated
for the SBL program in fiscal year 1998 be managed with the principal
objective of developing an SBL RD capable of being launched in fiscal
year 2005. The conferees further direct that all funds authorized to be
appropriated in fiscal year 1998 for the SBL program be directly
executed by the Commander of the Air Force Space and Missile Systems
Center (SMC).
The conferees recognize that the Commander of SMC may recommend that
some limited amount of critical and potentially high payoff SBL
technology research and development be continued even if it does not
directly support the SBL RD. However, due to the overarching priority of
launching the SBL RD in fiscal year 2005, the conferees direct that
obligation of SBL funds for such activities be limited, and only occur
following consultation with the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives.
The conferees direct the Commander of SMC to establish promptly an
SBL RD baseline, to include a set of technical objectives and
requirements, a contracting strategy, a system design, a program
schedule, and a funding profile that would support a launch in fiscal
year 2005. The conferees understand that the SBL IRT focused primarily
on a single SBL RD design. However, the conferees support the steps
taken by the Commander of SMC to rapidly assess technical and
contractual options that may allow a treaty compliant SBL RD to be
developed and launched more rapidly and affordably. To ensure that the
focus of the program remains on a fiscal year 2005 launch, the conferees
expect to be consulted prior to the adoption of any excursions from the
SBL IRT recommended baseline.
The conferees note that the SBL IRT concluded that a new integrated
test facility is an essential and relatively long-lead element of the
SBL RD effort. Therefore, the conferees direct the Commander of SMC to
proceed expeditiously in fiscal year 1998 with the selection of a site
for such a facility. The Commander of SMC shall include the
requirements, costs, and schedule for this facility in the SBL RD
baseline, as well as an assessment of the cost effectiveness of
continuing to operate other SBL test facilities such as the one at
Capistrano, California.
The conferees direct the Secretary of Defense to submit a report on
the status of the SBL RD baseline, and related issues, to the
congressional defense committees by March 1, 1998.
..................
SUBTITLE C--BALLISTIC MISSILE DEFENSE PROGRAMS
National Missile Defense Program (sec. 231)
The Senate amendment contained a provision (sec. 225) that would
require the Secretary of Defense to structure the National Missile
Defense (NMD) program to support an integrated NMD system test in fiscal
year 1999. The provision would also require the Secretary of Defense to
prepare a plan for the development and deployment of an NMD system that
could achieve initial operational capability in fiscal year 2003.
Finally, the provision would authorize $978.1 million for NMD in fiscal
year 1998.
The House bill contained no similar provision.
The House recedes.
Budgetary treatment of amounts for procurement for ballistic
missile defense programs (sec. 232)
The House bill contained a provision (sec. 231) that would require
future budget requests for procurement of the National Missile Defense
program and for core theater missile defense programs to be within the
accounts of the Ballistic Missile Defense Organization (BMDO) rather
than in the accounts of the military services.
The Senate amendment contained a provision (sec. 226) that would
direct the Secretary of Defense to transfer ballistic missile defense
program procurement funds previously managed by the Ballistic Missile
Defense Organization from military service accounts back to their
original BMDO procurement accounts.
The Senate recedes with an amendment that combines the House and the
Senate provisions.
Cooperative Ballistic Missile Defense program (sec. 233)
The House bill contained a provision (sec. 232) that would establish
a Cooperative Ballistic Missile Defense Program within the Ballistic
Missile Defense Organization (BMDO), to support on-going and future
technical and analytical cooperative efforts between the United States
and other nations that contribute to U.S. missile defense capabilities.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would provide the
Secretary of Defense discretion to exclude certain ballistic missile
defense acquisition programs from the cooperative ballistic missile
defense program element. The conferees understand that BMDO has
developed plans for the creation of a dedicated cooperative ballistic
missile defense program element and look forward to this new program
element in the fiscal year 1999 budget request.
Annual report on the threat posed to the United States by
weapons of mass destruction, ballistic missiles, and cruise missiles
(sec. 234)
The House bill contained a provision (sec. 234) that would direct
the Secretary of Defense, in consultation with the Director of Central
Intelligence, to prepare and submit to Congress by January 30 of each
year, a report on threats posed to the United States and its allies by
cruise missiles, ballistic missiles, and weapons of mass destruction,
and the proliferation of such technologies.
The Senate amendment contained no similar provision.
The Senate recedes.
Director of Ballistic Missile Defense Organization (sec. 235)
The House bill contained a provision (sec. 235) that would require
that the Director of the Ballistic Missile Defense Organization (BMDO)
carry the grade of lieutenant general or general or, in the case of an
officer of the Navy, vice admiral or admiral. It would also require that
the Director of BMDO report directly to the Secretary of Defense.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would permit the
appointment of a civilian official of equivalent grade as Director of
BMDO and eliminate the requirement that the Director report directly to
the Secretary of Defense.
The conferees direct the Secretary of Defense to ensure that the
director of BMDO is accorded full access to the Secretary and all other
senior Department of Defense officials on matters pertaining to the
management of ballistic missile defense programs for which the director
has responsibility.
Repeal of required deployment dates for core theater missile
defense programs (sec. 236)
The House bill contained a provision (sec. 233) that would amend
section 234(a) of the Ballistic Missile Defense Act of 1995 by
eliminating deployment dates for certain core theater missile defense
(TMD) programs and modifying the deployment date for the Theater High
Altitude Area Defense (THAAD) program. The provision also made technical
and conforming changes to section 234(a).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would eliminate all
deployment dates for core TMD programs from section 234(a) of the
Ballistic Missile Defense Act of 1995.
The conferees continue to support the earliest possible deployment
of effective theater missile defenses, consistent with acceptable
program risk, as a matter of high national priority. The conferees
believe that the mandated deployment dates made clear the high priority
attached by Congress to all four core theater missile defense programs.
These dates and congressional funding increases have propelled the Navy
Area Theater Ballistic Missile Defense program into engineering and
manufacturing development and the Patriot Advanced Capability-3 (PAC 3)
program into procurement. Congressionally mandated deployment dates were
also motivated by the Department of Defense's failure to commit firmly
to a deployment schedule for the Navy Theater Wide and THAAD programs
that would result in deployment of these vital capabilities at the
earliest opportunity consistent with acceptable technical and program
risk.
Henceforth, the conferees anticipate that a statement of
congressional intent concerning the management of the core TMD programs
will be issued annually. The conferees believe that the flexibility of
annual statements will allow for rigorous and effective congressional
oversight.
...........
Tactical High Energy Laser program
The House bill contained a provision (sec. 236) that would transfer
the Tactical High Energy Laser (THEL) program from the Department of the
Army to the Ballistic Missile Defense Organization, and authorize $38.2
million for THEL in fiscal year 1998.
The Senate amendment contained no similar provision.
The House recedes. Fiscal year 1998 funding for THEL is addressed
elsewhere in this report.
...........
SUBTITLE F--MATTERS RELATING TO DEFENSE PROPERTY
...........
Authority of the Secretary of Defense concerning disposal of
assets under cooperative agreements on air defense in Central Europe
(sec. 1064)
The Senate amendment contained a provision (sec. 1089) that would
provide authority for the Secretary of Defense, pursuant to amendments
to the European air defense agreements agreed to on December 6, 1983 and
July 12, 1984, to provide defense articles owned and acquired by the
United States to the Federal Republic of Germany.
The House bill contained no similar provision.
The House recedes.
The conferees note that pursuant to amendments to the European Air
Defense Agreements agreed to on December 6, 1983 and July 12, 1984, the
Patriot-Roland Cooperative Agreement (section 1007, Public Law 98 525,
and section 132, Public Law 99 83) enabled the United States and the
Federal Republic of Germany to enhance central European air defenses by
utilizing Patriot batteries and the Roland short range air defense
systems, which are owned by the United States but operated by the
Federal Republic of Germany.
Since January 1996, negotiations between the United States and the
Federal Republic of Germany have been underway to modify and extend the
current agreement. The Department of Defense (DOD) has informed the
conferees that the current proposal would allow the transfer of
ownership for 12 Patriot batteries and 27 Roland short range air defense
systems to the Federal Republic of Germany in exchange for equitable
compensation. The DOD has further informed the conferees that modifying
the current agreements to provide for this transfer of ownership would
be an equitable solution with regard to the assets involved in the
original agreement, and would enable continued cooperation in the air
defense mission area. The conferees understand that legislation is
necessary to accomplish these transfers as the original agreements do
not provide the required transfer authority and this particular transfer
would fall outside of the coverage of the more traditional authorities
contained in the Arms Export Control Act, 22 U.S.C. 2751.
The conferees direct the Secretary of Defense to provide a report to
Congress on the status of the negotiations on the Patriot-Roland
Follow-On Implementing Agreement (FOIA). The conferees further direct
that prior to the transfer of title for any Patriot or Roland systems,
the Secretary of Defense shall provide the congressional defense
committees with a report on the financial and non-financial benefits to
the United States of the transfer of the equipment, the mission value of
the FOIA compensation components, the terms of the equipment transfer
(including the use of mission value as compensation), the ability of the
United States to meet its NATO obligations, and any potential obstacles
to the performance of FOIA missions.
...........
Reconstitution of Commission to Assess the Ballistic Missile
Threat to the United States (sec. 1306)
The conferees agree to include a provision that would extend by one
year the time for the Commission to Assess the Ballistic Missile Threat
to the United States, established pursuant to Subtitle B of Title XIII
of the National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104 201), to complete its original charter.
...........
SUBTITLE C--PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS
Memorandum of understanding for use of national laboratories
for Ballistic Missile Defenses programs (sec. 3131)
The House bill contained a provision (sec. 3131) that would
establish a program within the Department of Energy weapons laboratories
for the purpose of assisting the Department of Defense in the testing
and development of a ballistic missile defense program.
The Senate amendment contained no similar provision.
The Senate recedes with an amendment that would direct the Secretary
of Energy and the Secretary of Defense to enter into a memorandum of
understanding as to how the Department of Energy national laboratories
could be utilized more fully to support the ballistic missile defense
program.
...........
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