§2431. Weapons development and procurement schedules
(a) The Secretary of Defense shall submit to Congress each calendar year, not later than 45 days after the President submits the budget to Congress under section 1105 of title 31, budget justification documents regarding development and procurement schedules for each weapon system for which fund authorization is required by section 114(a) of this title, and for which any funds for procurement are requested in that budget. The documents shall include data on operational testing and evaluation for each weapon system for which funds for procurement are requested (other than funds requested only for the procurement of units for operational testing and evaluation, or long lead-time items, or both). A weapon system shall also be included in the annual documents required under this subsection in each year thereafter until procurement of that system has been completed or terminated, or the Secretary of Defense certifies, in writing, that such inclusion would not serve any useful purpose and gives his reasons therefor.
(b) Any report required to be submitted under subsection (a) shall include detailed and summarized information with respect to each weapon system covered and shall specifically include each of the following:
(1) The development schedule, including estimated annual costs until development is completed.
(2) The planned procurement schedule, including the best estimate of the Secretary of Defense of the annual costs and units to be procured until procurement is completed.
(3) To the extent required by the second sentence of subsection (a), the result of all operational testing and evaluation up to the time of the submission of the report, or, if operational testing and evaluation has not been conducted, a statement of the reasons therefor and the results of such other testing and evaluation as has been conducted.
(4)(A) The most efficient production rate, the most efficient acquisition rate, and the minimum sustaining rate, consistent with the program priority established for such weapon system by the Secretary concerned.
(B) In this paragraph:
(i) The term "most efficient production rate" means the maximum rate for each budget year at which the weapon system can be produced with existing or planned plant capacity and tooling, with one shift a day running for eight hours a day and five days a week.
(ii) The term "minimum sustaining rate" means the production rate for each budget year that is necessary to keep production lines open while maintaining a base of responsive vendors and suppliers.
(c) In the case of any weapon system for which procurement funds have not been previously requested and for which funds are first requested by the President in any fiscal year after the Budget for that fiscal year has been submitted to Congress, the same reporting requirements shall be applicable to that system in the same manner and to the same extent as if funds had been requested for that system in that budget.
(Added
Prior Provisions
Amendments
1994-Subsec. (a).
Subsec. (b).
Subsec. (b)(1) to (3).
Subsec. (b)(4).
1990-Subsec. (b).
"(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).
1987-
1986-
Subsec. (a).
1984-Subsec. (b).
Subsec. (b)(2).
1982-Subsec. (a).
1981-Subsec. (c)(4).
1980-Subsec. (a).
1975-Subsec. (b).
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Compliance of Ballistic Missile Defense Systems and Components With ABM Treaty
"(a)
"(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)
"(c)
"(d)
"(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)
"(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 [now Committee on National Security], 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."
"(a)
"(1) Section 232(a)(1) of the Missile Defense Act of 1991 [
"(2) The Department of Defense has conducted no formal compliance review of any of the components or systems scheduled for early deployment as part of either the Theater Missile Defense Initiative or the initial limited defense system to be located at Grand Forks, North Dakota.
"(3) The Department of Defense is continuing to obligate hundreds of millions of dollars for the development and testing of systems or components of ballistic missile defense systems before a determination has been made that, if successfully developed, tested, or deployed, those systems and components would be in compliance with the ABM Treaty.
"(4) The President requested the authorization and appropriation of additional funds for continued development of such systems and components during fiscal year 1994.
"(5) The United States and its allies face existing and expanding threats from ballistic missiles capable of being used as theater weapon systems that are presently possessed by, being developed by, or being acquired by a number of countries, including Iraq, Iran, and North Korea.
"(6) Some theater ballistic missiles presently deployed or being developed (such as the Chinese-made CSS–2) have capabilities equal to or greater than the capabilities of missiles which were determined to be strategic missiles more than 20 years ago under the SALT I Interim Agreement of 1972 entered into between the United States and the Soviet Union.
"(7) 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.
"(8) It is a national security priority of the United States to develop and deploy highly effective theater missile defense systems capable of countering the existing and expanding threats posed by modern theater ballistic missiles as soon as is technically possible.
"(9) It is essential that the Secretary of Defense immediately undertake and complete a review for compliance with the ABM Treaty of proposed theater missile defense systems, system upgrades, and system components so as to not delay the development and deployment of such highly effective theater missile defense systems.
"(b)
"(2) The systems and system upgrades to be reviewed pursuant to paragraph (1) are the following:
"(A) The Patriot Multimode Missile.
"(B) The Extended Range Interceptor (ERINT).
"(C) The Ground-Based Radar for theater missile defenses (GBR–T).
"(D) The Theater High Altitude Area Defense interceptor missile (THAAD).
"(E) The Brilliant Eyes space-based sensor system.
"(F) Upgrades to the AEGIS/SPY radar system of the Navy.
"(G) Upgrades to the Standard Missile–2 (SM–2) interceptor of the Navy.
"(3) If during the course of the compliance review under paragraph (1) (or any other such compliance review of a ballistic missile system or system upgrade), an issue arises that appears to indicate that a provision of the ABM Treaty may limit research, development, testing, or deployment by the United States of highly effective theater missile defense systems capable of countering modern theater ballistic missiles, the Secretary of Defense shall immediately submit to the appropriate congressional committees a report on that issue.
"(c)
"(2) With regard to the Brilliant Eyes space-based sensor system, the Secretary shall include in the report findings on each of the following issues:
"(A) Whether the current baseline configuration of the Brilliant Eyes space-based sensor system would comply with the ABM Treaty if the system were used in conjunction with the planned ground-based radar system and its ground-based interceptors at Grand Forks, North Dakota.
"(B) If not, whether design changes or operational changes can be made to the Brilliant Eyes space-based sensor system that-
"(i) will result in the sensor system, when employed in conjunction with the planned ground-based radar system and its ground-based interceptors, being in compliance with the ABM Treaty; and
"(ii) will not prevent the sensor system from performing its strategic defense missions with a high degree of effectiveness.
"(C) If not, whether the Brilliant Eyes space-based sensor system can be made, through design changes or operational changes, for use only with theater missile defense systems and be in compliance with the ABM Treaty.
"(D) If so, the extent to which deployment of the Brilliant Eyes space-based sensor system would enhance the capability of upper-tier theater defense systems and lower-tier theater defense systems, respectively.
"(d)
"(2) Funds appropriated to the Department of Defense for fiscal year 1994, or otherwise made available to the Department of Defense from any funds appropriated for fiscal year 1994 or for any fiscal year before 1994, may not be obligated or expended-
"(A) 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
"(B) 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.
"(e)
"(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 [now Committee on National Security], 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."
Theater Missile Defense Master Plan
"(a)
"(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
"(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.
"(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)
"(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)
"(e)
"(f)
"(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)
"(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
Cooperation of United States Allies on Development of Tactical and Theater Missile Defenses
"(a)
"(1) Systems to provide effective defense against theater and tactical ballistic missiles that may be developed and deployed by the United States have the potential to make contributions to the national security interests of nations that are allies of the United States that would be equal to or greater than the contributions such systems would make to the national security interests of the United States.
"(2) The cost of developing and deploying a broad spectrum of such systems will be several tens of billions of dollars.
"(3) A truly cooperative multinational approach to the development and deployment of such systems could substantially reduce the financial burden of such an undertaking on any one country and would involve additional sources of technological expertise.
"(4) While leaders of nations that are allies of the United States have stated an interest in becoming involved, or increasing involvement, in United States tactical missile defense programs, the governments of those nations are unlikely to support programs for theater missile defense development and deployment unless, at a minimum, they can participate in meaningful ways in the planning and execution of such programs, including active participation in research and development and production of the systems involved.
"(5) Given the high cost of developing theater ballistic missile defense systems, the participation of United States allies in the efforts to develop tactical missile defenses would result in substantial savings to the United States.
"(b)
"(2) The Secretary shall submit to Congress a report on the plan developed under paragraph (1). The report shall be submitted in both classified and unclassified versions, as appropriate, and may be submitted as a component of the next Theater Missile Defense Initiative report to Congress.
"(3) The Secretary shall include in each annual Theater Missile Defense Initiative report to Congress a report on actions taken to implement the plan developed under paragraph (1). Each such report shall set forth the status of discussions between the United States and United States allies for the purposes stated in that paragraph and shall state the status of contributions by those allies to the Theater Missile Defense Cooperation Account, shown separately for each allied country covered by the plan.
"(c)
"(1) the report under subsection (b)(2) is submitted to Congress; and
"(2) the President certifies in writing to Congress that representatives of the United States have formally submitted to each of the member nations of the North Atlantic Treaty Organization and to Japan, Israel, and South Korea a proposal concerning the matters described in the report.
The President may submit with such certification a report of similar formal contacts with any other country that the President considers appropriate.
"(d)
"(e)
[Determination of President of the United States, No. 94–24, May 16, 1994, 59 F.R. 28759, certified, pursuant to the authority vested in the President by the National Defense Authorization Act for Fiscal Year 1994,
Transfer of Follow-On Technology Programs
"(a)
"(b)
"(c)
"(1) each program, project, and activity with respect to which the Secretary has transferred management and budget responsibility from the Ballistic Missile Defense Organization 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)
"(e)
Theater Missile Defense Initiative
"(a)
"(b)
"(c)
"(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)
Missile Defense Program
"SEC. 231. SHORT TITLE.
"This part may be cited as the 'Missile Defense Act of 1991'.
"SEC. 232. MISSILE DEFENSE GOAL OF THE UNITED STATES.
"(a)
"(1) comply with the ABM Treaty, including any protocol or amendment thereto, and not develop, test, or deploy any ballistic missile defense system, or component thereof, in violation of the treaty, as modified by any protocol or amendment thereto, while developing, and maintaining the option to deploy, an anti-ballistic missile system that is capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles;
"(2) maintain strategic stability; and
"(3) provide highly effective theater missile defenses (TMDs) to forward-deployed and expeditionary elements of the Armed Forces of the United States and, as appropriate, to friends and allies of the United States.
"(b)
"(1) joint discussions between the United States and other nuclear weapons states on strengthening nuclear command and control, to include discussions concerning the use of permissive action links and post-launch destruct mechanisms on all intercontinental-range ballistic missiles of the two nations;
"(2) reductions that enhance stability in strategic weapons of the United States and Russia to levels below the limitations of the Strategic Arms Reduction Talks (START) Treaties, to include the down-loading of multiple warhead ballistic missiles, as appropriate; and
"(3) reinvigorated efforts to halt the proliferation of ballistic missiles and weapons of mass destruction.
"SEC. 233. IMPLEMENTATION OF GOAL.
"(a)
"(1) directs the Secretary of Defense to take the actions specified in subsection (b); and
"(2) urges the President to take the actions described in subsection (c).
"(b)
"(1)
"(2)
"(A) 100 ground-based interceptors, the design of which is to be determined by competition and downselection for the most capable interceptor or interceptors;
"(B) fixed, ground-based, antiballistic missile battle management radars; and
"(C) optimum utilization of space-based sensors, including sensors capable of cueing ground-based antiballistic missile interceptors and providing initial targeting vectors, and other sensor systems that are not prohibited by the ABM Treaty, including specifically the Ground Surveillance and Tracking System.
"(c)
"(1) clarification of the distinctions for the purposes of the ABM Treaty between theater missile defenses and anti-ballistic missile defenses, including interceptors, radars, and other sensors; and
"(2) increased use of space-based sensors for direct battle management.
"[SEC. 234. Repealed.
Pub. L. 103–160, div. A, title II, §243(e), Nov. 30, 1993, 107 Stat. 1606
.]
"[SECS. 235 to 237. Repealed.
Pub. L. 103–337, div. A, title II, §233(1), Oct. 5, 1994, 108 Stat. 2700
.]
"SEC. 238. REVIEW OF FOLLOW-ON DEPLOYMENT OPTIONS.
"Once development testing of components for a Limited Defense System has begun, the President and the Congress shall assess the progress in the ABM Treaty amendments negotiation called for under section 233(c) and shall consider the options available to the United States as now exist under the ABM Treaty. To assist in this review process, the President shall submit to the Congress not later than May 1, 1994, an interim report on the progress of the negotiations, and shall submit to the Congress additional interim reports on the progress of such negotiations at six-month intervals thereafter until such time as the President notifies the Congress that such negotiations have been concluded or terminated.
"SEC. 239. ABM TREATY DEFINED.
"For purposes of this part, 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.
"SEC. 240. INTERPRETATION.
"Nothing in this part may be construed to imply-
"(1) congressional authorization for development, testing, or deployment of anti-ballistic missile systems in violation of the ABM Treaty, including any protocol or amendment to that treaty; or
"(2) final congressional authorization for deployment of anti-ballistic missile systems in compliance with the ABM Treaty."
Similar provisions were contained in the following prior authorization act:
Stretchout of Major Defense Acquisition Programs
"(a)
"(1) The final year of procurement scheduled for the program at the time the statement is submitted is more than two years later than the final year of procurement for the program as specified in the most recent annual Selected Acquisition Report for that program.
"(2) The proposed procurement quantity for that fiscal year is less than 90 percent of the procurement quantity proposed for the same fiscal year in the most recent annual Selected Acquisition Report for that program.
"(b)
"(c)
"(d)
"(2) Subsection (a) shall not apply if the total procurement quantity has been increased, compared to the program specified in the most recent annual Selection Acquisition Report for that program, and subsection (a)(2) does not apply.
"(e)
"(f)
Prohibition of Certain Contracts With Foreign Entities
Section 222 of
"(a)
"(b)
"(c)
"(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)
"(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)
Limitation on Transfer of Certain Military Technology to Independent States of Former Soviet Union
Section 223 of
SDI Architecture To Require Human Decision Making
Section 224 of
Prohibition on Deployment of Anti-Ballistic Missile System Unless Authorized by Law
Section 226 of
Establishment of Federally Funded Research and Development Center To Support SDI Program
Section 227 of
"(a)
"(1) The Department of Defense requires technical support for issues of system integration related to the Strategic Defense Initiative program.
"(2) The Strategic Defense Initiative Organization, after assessing alternative types of organizations for the provision of such technical support to the Strategic Defense Initiative program (including Government organizations, profit and nonprofit entities (including existing federally funded research and development centers), a new division within an existing federally funded research and development center, a new federally funded research and development center, colleges and universities, and private nonprofit laboratories), determined that a new federally funded research and development center (hereinafter in this section referred to as an 'FFRDC') would be the type of organization most appropriate for the provision of such technical support to the Strategic Defense Initiative program.
"(3) In providing such technical support to the SDI program, the new FFRDC should provide critical evaluation and rigorous and objective analysis of technologies, systems, and architectures that are candidates for use in the SDI program.
"(4) Competitive selection of a contractor to establish and operate such an FFRDC to support the Strategic Defense Initiative program is one way to enhance the prospects for independent and objective evaluation of system integration issues within the Strategic Defense Initiative program.
"(b)
"(c)
"(2) The Secretary of Defense shall solicit proposals for such contract from existing federally funded research and development centers, from universities, from commercial entities, and from appropriate new organizations and shall make maximum efforts to obtain more than one proposal for such contract.
"(3) The Secretary shall submit the three best contract proposals (as determined by the Secretary), together with a copy of the proposed sponsoring agreement for the new FFRDC, for review by three persons designated by the Defense Science Board from a list of six or more persons submitted by the National Academy of Sciences. The persons performing the review-
"(A) shall evaluate the extent to which each proposal and the proposed sponsoring agreement would foster competent and objective technical advice for the Strategic Defense Initiative Program; and
"(B) shall report their evaluation of each such proposal and of the proposed sponsoring agreement to the Secretary.
"(4) Before awarding a contract under subsection (b), and not sooner than March 30, 1989, the Secretary shall submit to Congress-
"(A) a copy of the proposed final contract; and
"(B) a copy of the proposed final sponsoring agreement relating to the operation of the new FFRDC.
"(5)(A) The Secretary shall then withhold the award of such contract and the approval of such sponsoring agreement for a period of at least 30 days of continuous session of Congress beginning on the day after the date on which Congress receives the copies referred to in paragraph (4).
"(B) For purposes of subparagraph (A), the continuity of a session of Congress is broken only by an adjournment sine die at the end of the second regular session of that Congress. In computing the 30-day period for such purposes, days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded.
"(d)
"(1) require that the contract referred to in subsection (b) include a provision stating that no officer or employee of the Department of Defense shall have the authority to veto the employment of any person selected to serve as an officer or employee of the new FFRDC;
"(2) require that at least 5 percent of the total amount of funds available for the new FFRDC shall be set aside for independent research to be performed by the staff of the new FFRDC under the direction of the chief executive officer of the new FFRDC;
"(3) impose a limitation on the compensation payable to each senior executive of the new FFRDC for services performed for the new FFRDC so that such compensation shall be comparable to the amount of compensation payable to senior executives of comparable federally funded research and development centers for similar services;
"(4) require that the new FFRDC publicly disclose the salary of its chief executive officer;
"(5) prohibit current or former members of the Strategic Defense Initiative Advisory Committee from serving as members of the Board of Trustees of the FFRDC if such members constitute 10 or more percent of the Board of Trustees or from serving as officers of the new FFRDC;
"(6) require that the contract referred to in subsection (b) include a provision prohibiting members of such Board of Trustees from serving as officers of the new FFRDC, except that a Board member may serve as the President of the new FFRDC if the Board is comprised of 10 or more members;
"(7) require that the contract referred to in subsection (b) include a provision prohibiting the new FFRDC from employing any person who, as a Federal employee or member of the Armed Forces, served in the Strategic Defense Initiative Organization within two years before the date on which such person is to be employed by the new FFRDC; and
"(8) require that any contract referred to in subsection (b) require that the Board of Trustees of the new FFRDC be comprised of individuals who represent a reasonable cross-section of views on the engineering and scientific issues associated with the Strategic Defense Initiative Program.
"(e)
"(f)
Limitation on Establishment of Federally Funded Research and Development Center for Strategic Defense Initiative Program
"(a)
"(1) the Secretary submits to the Committees on Armed Services of the Senate and House of Representatives [now Committee on Armed Services of the Senate and Committee on National Security of the House of Representatives] a report with respect to such proposed center that provides the information described in subsection (b); and
"(2) funds are specifically authorized to be appropriated for such purpose after the date of the enactment of this Act in an Act other than-
"(A) an appropriations Act; or
"(B) a continuing resolution.
"(b)
"(1) the ability of existing Federally funded research and development centers, Federal research laboratories, and private contractors to perform the objectives of technological integration and evaluation required by the Strategic Defense Initiative Organization;
"(2) the comparative cost of having the proposed work performed by-
"(A) the Strategic Defense Initiative Organization;
"(B) Federally funded research and development centers in existence on the date of the enactment of this Act [Nov. 14, 1986];
"(C) by Federal research laboratories;
"(D) by private contractors; or
"(E) by such center;
"(3) whether such center is intended to be-
"(A) primarily a study and analysis center; or
"(B) primarily a system engineering/system integration center;
"(4) whether such center will be required or authorized to enter into contracts under which research projects would be performed by other Federally funded research and development centers, Federal research laboratories, or private contractors;
"(5) whether the contract to operate such center will be awarded on a competitive basis;
"(6) whether proposals with respect to the operation of such center-
"(A) will be considered by the appropriate Defense Agency; and
"(B) will be subjected to review by persons to be elected by the National Academy of Sciences;
"(7) whether such center will be designed to prevent even the possibility of an appearance of a conflict of interest-
"(A) by prohibiting any officer, employee, or member of the governing body of such center from holding any position with-
"(i) the Strategic Defense Initiative Organization; or
"(ii) a private contractor that has a substantial interest in the development of the Strategic Defense Initiative; and
"(B) by prohibiting more than one-half of the members of the governing body of the proposed Federally Funded Research Center from simultaneously holding any position with the Strategic Defense Initiative Advisory Committee or any similar body which provides technological, scientific, or strategic advice to the Department of Defense about the Strategic Defense Initiative;
"(8) whether other actions will be taken to avoid possible conflict of interest situations within such center;
"(9) the role of the Department of Defense in-
"(A) the selection of the staff of such center; and
"(B) the internal organization of such center; and
"(10) whether a prescribed minimum percentage of the annual budget of such center will be set aside for research to be conducted independently of the Department of Defense.
"(c)
Should-Cost Analyses
Requirement for Specific Authorization for Deployment of Strategic Defense Initiative System
"(1) the President determines and certifies to Congress in writing that-
"(A) the system is survivable (that is, the system is able to maintain a sufficient degree of effectiveness to fulfill its mission, even in the face of determined attacks against it); and
"(B) the system is cost effective at the margin to the extent that the system is able to maintain its effectiveness against the offense at less cost than it would take to develop offensive countermeasures and proliferate the ballistic missiles necessary to overcome it; and
"(2) funding for the deployment of such system has been specifically authorized by legislation enacted after the date on which the President makes the certification to Congress."
Annual Report on Ballistic Missile Defense Program
"(a)
"(b)
"(1) A statement of the basic strategy for research and development being pursued by the Department of Defense under the Ballistic Missile Defense program (BMD), including the relative priority being given, respectively, to the development of near-term deployment options and research on longer-term technological approaches.
"(2) A detailed description of each program or project which is included in the Ballistic Missile Defense program or which otherwise relates to defense against strategic ballistic missiles, including a technical evaluation of each such program or project and an assessment as to when each can be brought to the stage of full-scale engineering development (assuming funding as requested or programmed).
"(3) A clear definition of the objectives of each planned deployment phase of the Ballistic Missile Defense program or defense against strategic ballistic missiles.
"(4) An explanation of the relationship between each such phase and each program and project associated with the proposed architecture for that phase.
"(5) The status of consultations with other member nations of the North Atlantic Treaty Organization, Japan, and other appropriate allies concerning research being conducted in the Ballistic Missile Defense program.
"(6) A statement of the compliance of the planned BMD development and testing programs with existing arms control agreements, including the 1972 Anti-Ballistic Missile Treaty.
"(7) A review of possible countermeasures of the Soviet Union to specific BMD programs, an estimate of the time and cost required for the Soviet Union to develop each such countermeasure, and an evaluation of the adequacy of the BMD programs described in the report to respond to such countermeasures.
"(8) Details regarding funding of programs and projects for the Ballistic Missile Defense program (including the amounts authorized, appropriated, and made available for obligation after undistributed reductions or other offsetting reductions were carried out), as follows:
"(A) The level of requested and appropriated funding provided for the current fiscal year for each program and project in the Ballistic Missile Defense program budgetary presentation materials provided to Congress.
"(B) The aggregate amount of funding provided for previous fiscal years (including the current fiscal year) for each such program and project.
"(C) The amount requested to be appropriated for each such program and project for the next fiscal year.
"(D) The amount programmed to be requested for each such program and project for the following fiscal year.
"(E) The amount required to reach the next significant milestone for each demonstration program and each major technology program.
"(9) Details on what Ballistic Missile Defense program technologies can be developed or deployed within the next 5 to 10 years to defend against significant military threats and help accomplish critical military missions. The missions to be considered include the following:
"(A) Defending elements of the Armed Forces abroad and United States allies against tactical ballistic missiles, particularly new and highly accurate shorter-range ballistic missiles of the Soviet Union armed with conventional, chemical, or nuclear warheads.
"(B) Defending against an accidental launch of strategic ballistic missiles against the United States.
"(C) Defending against a limited but militarily effective attack by the Soviet Union aimed at disrupting the National Command Authority or other valuable military assets.
"(D) Providing sufficient warning and tracking information to defend or effectively evade possible attacks by the Soviet Union against military satellites, including those in high orbits.
"(E) Providing early warning and attack assessment information and the necessary survivable command, control, and communications to facilitate the use of United States military forces in defense against possible conventional or strategic attacks by the Soviet Union.
"(F) Providing protection of the United States population from a nuclear attack by the Soviet Union.
"(G) Any other significant near-term military mission that the application of BMD technologies might help to accomplish.
"(10) For each of the near-term military missions listed in paragraph (9), the report shall include the following:
"(A) A list of specific program elements of the Ballistic Missile Defense program that are pertinent to such mission.
"(B) The Secretary's estimate of the initial operating capability dates for the architectures or systems to accomplish such missions.
"(C) The Secretary's estimate of the level of funding necessary for each program to reach those initial operating capability dates.
"(D) The Secretary's estimate of the survivability and cost effectiveness at the margin of such architectures or systems against current and projected threats from the Soviet Union."
Similar provisions were contained in the following prior authorization act:
Plans for Management of Technical Data and Computer Capability Improvements
Section 1252 of
Consultation With Allies on Strategic Defense Initiative Program
Antisatellite Weapons Test
"(a)
"(b)
"(a)
"(b)
Similar provisions were contained in the following prior acts:
"(a)
"(b)
"(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:
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
"(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
"(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
"(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
Trident Support Site, Bangor, Washington; Financial Aid to Local Communities; Reports
Section 608 of
"(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 [now Committee on Armed Services of the Senate and Committee on National Security of 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."
Section Referred to in Other Sections
This section is referred to in section 2432 of this title; title 22 section 2795b.