Congressional Documents

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.