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
............
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
............
Subtitle C--Ballistic Missile Defense Programs
SEC. 231. NATIONAL MISSILE DEFENSE PROGRAM.
(a) Program Structure.--To preserve the option of achieving an
initial operational capability in fiscal year 2003, the Secretary of
Defense shall ensure that the National Missile Defense Program is
structured and programmed for funding so as to support a test, in fiscal
year 1999, of an integrated national missile defense system that is
representative of the national missile defense system architecture that
could achieve initial operational capability in fiscal year 2003.
(b) Elements of NMD System.--The national missile defense system
architecture specified in subsection (a) shall consist of the following
elements:
(1) An interceptor system that optimizes defensive coverage of the
continental United States, Alaska, and Hawaii against limited ballistic
missile attack (whether accidental, unauthorized, or deliberate).
(2) Ground-based radars.
(3) Space-based sensors.
(4) Battle management, command, control, and communications (BM/C 3).
(c) Plan for NMD System Development and Deployment.--Not later than
February 15, 1998, the Secretary of Defense shall 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. The plan shall
include the following matters:
(1) A detailed description of the system architecture selected for
development.
(2) A discussion of the justification for the selection of that
particular architecture.
(3) The Secretary's estimate of the amounts of the appropriations
that would be necessary for research, development, test, evaluation, and
for procurement for each of fiscal years 1999 through 2003 in order to
achieve an initial operational capability of the system architecture in
fiscal year 2003.
(4) For each activity necessary for the development and deployment
of the national missile defense system architecture selected by the
Secretary that would at some point conflict with the terms of the ABM
Treaty, if any--
(A) a description of the activity;
(B) a description of the point at which the activity would conflict
with the terms of the ABM Treaty;
(C) the legal analysis justifying the Secretary's determination
regarding the point at which the activity would conflict with the terms
of the ABM Treaty; and
(D) an estimate of the time at which such point would be reached in
order to achieve a test of an integrated missile defense system in
fiscal year 1999 and initial operational capability of such a system in
fiscal year 2003.
(d) Funding for Fiscal Year 1998.--Of the funds authorized to be
appropriated under section 201(4), $978,091,000 shall be available for
the National Missile Defense Program.
(e) ABM Treaty Defined.--In this section, 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, signed at Moscow on May 26, 1972, and includes the Protocol to
that treaty, signed at Moscow on July 3, 1974.
SEC. 232. BUDGETARY TREATMENT OF AMOUNTS FOR PROCUREMENT FOR
BALLISTIC MISSILE DEFENSE PROGRAMS.
(a) Requirement for Inclusion in Budget of BMDO.--(1) Chapter 9 of
title 10, United States Code, is amended by inserting after section 222
the following new section:
``224. Ballistic missile defense programs: display of amounts
for procurement
``(a) Requirement.--Any amount in the budget submitted to Congress
under section 1105 of title 31 for any fiscal year for procurement for a
Department of Defense missile defense program described in subsection
(b) shall be set forth under the account of the Department of Defense
for Defense-wide procurement and, within that account, under the
subaccount (or other budget activity level) for the Ballistic Missile
Defense Organization.
``(b) Covered Programs.--Subsection (a) applies to the following
missile defense programs of the Department of Defense:
``(1) The National Missile Defense program.
``(2) Any system that is part of the core theater missile defense
program.
``(3) Any other ballistic missile defense program that enters
production after the date of the enactment of this section and for which
research, development, test, and evaluation was carried out by the
Ballistic Missile Defense Organization.
``(c) Core Theater Ballistic Missile Defense Program.--For purposes
of this section, the core theater missile defense program consists of
the systems specified in section 234 of the Ballistic Missile Defense
Act of 1995 (10 U.S.C. 2431 note).''.
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 222 the following new
item:
``224. Ballistic missile defense programs: display of amounts for
procurement.''.
(b) Fiscal Year 1998 Funds.--(1) The Secretary of Defense shall
transfer to appropriations available to the Ballistic Missile Defense
Organization for procurement for fiscal year 1998 any amounts that are
appropriated for procurement for that fiscal year for any of the Armed
Forces by reason of the transference of certain programs to accounts of
the Army, Navy, Air Force, and Marine Corps pursuant to Program Budget
Decision 224C3, signed by the Under Secretary of Defense (Comptroller)
on December 23, 1996.
(2) Any transfer pursuant to paragraph (1) shall not be counted for
purposes of section 1001.
SEC. 233. COOPERATIVE BALLISTIC MISSILE DEFENSE PROGRAM.
(a) Requirement for New Program Element.--The Secretary of Defense
shall establish a program element for the Ballistic Missile Defense
Organization, to be referred to as the ``Cooperative Ballistic Missile
Defense Program'', to support technical and analytical cooperative
efforts between the United States and other nations that contribute to
United States ballistic missile defense capabilities. Except as provided
in subsection (b), all international cooperative ballistic missile
defense programs of the Department of Defense shall be budgeted and
administered through that program element.
(b) Authority for Exceptions.--The Secretary of Defense may exclude
from the program element established pursuant to subsection (a) any
international cooperative ballistic missile defense program of the
Department of Defense that after the date of the enactment of this Act
is designated by the Secretary of Defense (pursuant to applicable
Department of Defense acquisition regulations and policy) to be managed
as a separate acquisition program.
(c) Relationship to Other Program Elements.--The program element
established pursuant to subsection (a) is in addition to the program
elements for activities of the Ballistic Missile Defense Organization
required under section 251 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104 106; 110 Stat. 233; 10 U.S.C. 221
note).
SEC. 234. ANNUAL REPORT ON THREAT POSED TO THE UNITED STATES
BY WEAPONS OF MASS DESTRUCTION, BALLISTIC MISSILES, AND CRUISE MISSILES.
(a) Annual Report.--The Secretary of Defense shall submit to Congress
by January 30 of each year a report on the threats posed to the United
States and allies of the United States--
(1) by weapons of mass destruction, ballistic missiles, and cruise
missiles; and
(2) by the proliferation of weapons of mass destruction, ballistic
missiles, and cruise missiles.
(b) Consultation.--Each report submitted under subsection (a) shall
be prepared in consultation with the Director of Central Intelligence.
(c) Matters To Be Included.--Each report submitted under subsection
(a) shall include the following:
(1) Identification of each foreign country and non-State
organization that possesses weapons of mass destruction, ballistic
missiles, or cruise missiles, and a description of such weapons and
missiles with respect to each such foreign country and non-State organization.
(2) A description of the means by which any foreign country and
non-State organization that has achieved capability with respect to
weapons of mass destruction, ballistic missiles, or cruise missiles has
achieved that capability, including a description of the international
network of foreign countries and private entities that provide
assistance to foreign countries and non-State organizations in achieving
that capability.
(3) An examination of the doctrines that guide the use of weapons of
mass destruction in each foreign country that possesses such weapons.
(4) An examination of the existence and implementation of the
control mechanisms that exist with respect to nuclear weapons in each
foreign country that possesses such weapons.
(5) Identification of each foreign country and non-State
organization that seeks to acquire or develop (indigenously or with
foreign assistance) weapons of mass destruction, ballistic missiles, or
cruise missiles, and a description of such weapons and missiles with
respect to each such foreign country and non-State organization.
(6) An assessment of various possible timelines for the achievement
by foreign countries and non-State organizations of capability with
respect to weapons of mass destruction, ballistic missiles, and cruise
missiles, taking into account the probability of whether the Russian
Federation and the People's Republic of China will comply with the
Missile Technology Control Regime, the potential availability of
assistance from foreign technical specialists, and the potential for
independent sales by foreign private entities without authorization from
their national Governments.
(7) For each foreign country or non-State organization that has not
achieved the capability to target the United States or its territories
with weapons of mass destruction, ballistic missiles, or cruise missiles
as of the date of the enactment of this Act, an estimate of how far in
advance the United States is likely to be warned before such foreign
country or non-State organization achieves that capability.
(8) For each foreign country or non-State organization that has not
achieved the capability to target members of the United States Armed
Forces deployed abroad with weapons of mass destruction, ballistic
missiles, or cruise missiles as of the date of the enactment of this
Act, an estimate of how far in advance the United States is likely to be
warned before such foreign country or non-State organization achieves
that capability.
(d) Classification.--Each report under subsection (a) shall be
submitted in classified and unclassified form.
SEC. 235. DIRECTOR OF BALLISTIC MISSILE DEFENSE ORGANIZATION.
(a) In General.--Subchapter II of chapter 8 of title 10, United
States Code, is amended by adding at the end the following new section:
``203. Director of Ballistic Missile Defense Organization
``If an officer of the armed forces on active duty is appointed to
the position of Director of the Ballistic Missile Defense Organization,
the position shall be treated as having been designated by the President
as a position of importance and responsibility for purposes of section
601 of this title and shall carry the grade of lieutenant general or
general or, in the case of an officer of the Navy, vice admiral or
admiral.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``203. Director of Ballistic Missile Defense Organization.''.
SEC. 236. REPEAL OF REQUIRED DEPLOYMENT DATES FOR CORE THEATER
MISSILE DEFENSE PROGRAMS.
Section 234(a) of the Ballistic Missile Defense Act of 1995 (subtitle
C of title II of Public Law 104 106; 110 Stat. 229; 10 U.S.C. 2431 note)
is amended--
(1) in the matter preceding paragraph (1), by striking out ``, to be
carried out so as to achieve the specified capabilities'';
(2) in paragraph (1), by striking out ``, with a first unit equipped
(FUE) during fiscal year 1998'';
(3) in paragraph (2), by striking out ``Navy Lower Tier (Area)
system'' and all that follows through ``fiscal year 1999'' and inserting
in lieu thereof ``Navy Area Defense system'';
(4) in paragraph (3), by striking out ``, with a'' and all that
follows through ``fiscal year 2000''; and
(5) in paragraph (4), by striking out ``Navy Upper Tier'' and all
that follows through ``fiscal year 2001'' and inserting in lieu thereof
``Navy Theater Wide system''.
...............
TITLE X--GENERAL PROVISIONS
...............
Subtitle F--Matters Relating to Defense Property
..................
SEC. 1064. AUTHORITY OF THE SECRETARY OF DEFENSE CONCERNING
DISPOSAL OF ASSETS UNDER COOPERATIVE AGREEMENTS ON AIR DEFENSE IN
CENTRAL EUROPE.
(a) General Authorities.--The Secretary of Defense, pursuant to an
amendment or amendments to the European air defense agreements, may
dispose of any defense articles owned by the United States and acquired
to carry out such agreements by providing such articles to the Federal
Republic of Germany. In carrying out such disposal, the Secretary--
(1) may provide without monetary charge to the Federal Republic of
Germany articles specified in the agreements; and
(2) may accept from the Federal Republic of Germany (in exchange for
the articles provided under paragraph (1)) articles, services, or any
other consideration, as determined appropriate by the Secretary.
(b) Definition of European Air Defense Agreements.--For the purposes
of this section, the term ``European air defense agreements'' means--
(1) the agreement entitled ``Agreement between the Secretary of
Defense of the United States of America and the Minister of Defense of
the Federal Republic of Germany on Cooperative Measures for Enhancing
Air Defense for Central Europe'', signed on December 6, 1983; and
(2) the agreement entitled ``Agreement between the Secretary of
Defense of the United States of America and the Minister of Defense of
the Federal Republic of Germany in implementation of the 6 December 1983
Agreement on Cooperative Measures for Enhancing Air Defense for Central
Europe'', signed on July 12, 1984.
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