H.R.2100
National Defense Authorization Act for Fiscal Years 1992 and 1993 (Engrossed Amendment as Agreed to by Senate) Part B—Strategic Defense Initiative SEC. 211. MISSILE DEFENSE ACT OF 1991. (a) GOAL- It is a goal of the United States to— (1) deploy an anti-ballistic missile system, including one or an adequate additional number of anti-ballistic missile sites and space-based sensors, 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 (TMD) to United States forward-deployed and expeditionary armed forces and to our friends and allies. (b) IMPLEMENTATION- (1) IN GENERAL- To implement this goal, Congress directs the Secretary of Defense to take the actions described in paragraph (2) and urges the President to take the actions described in paragraph (3). (2) ACTIONS OF THE SECRETARY OF DEFENSE- (A) TMD OPTIONS- The Congress directs the Secretary of Defense to aggressively pursue the development of a range of advanced TMD options, with the objective of downselecting and deploying such systems by the mid-1990s. (B) INITIAL DEPLOYMENT- The Congress further directs the Secretary to develop for deployment by fiscal year 1996 a cost-effective and operationally-effective and ABM Treaty-compliant anti-ballistic missile system at a single site as the initial step toward deployment of the anti-ballistic missile system described in subsection (a) designed to protect the United States against limited ballistic missile threats, including accidental or unauthorized launches or Third World attacks. The Treaty-compliant system to be developed under this subparagraph would include— (i) 100 ground-based interceptors, the design of which is to be determined by competition and downselection for the most capable interceptor deployable by fiscal year 1996; (ii) fixed, ground-based anti-ballistic missile battle management radar; and (iii) optimum utilization of space-based sensors, including sensors capable of cueing ground-based anti-ballistic missile interceptors and providing initial targeting vectors, and other sensor systems that also are not prohibited by the ABM Treaty. (C) DEPLOYMENT PLAN- Within 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the deployment of TMDs and an anti-ballistic missile system which meet the guidelines established in subparagraphs (A) and (B). (3) PRESIDENTIAL ACTIONS- (A) NEGOTIATIONS REGARDING ABM TREATY- Congress urges the President to pursue immediately negotiations to amend the ABM Treaty to permit completion of the anti-ballistic missile defense system described in subsection (a). (B) NEGOTIATING STRATEGY- The Congress further urges the President to adopt a new negotiating strategy to reach agreements with the Soviet Union necessary to permit the following: (i) Additional anti-ballistic missile sites and additional ground-based anti-ballistic missile interceptors. (ii) Increased utilization of space-based sensors for direct battle management. (iii) Clarification of what constitutes permissible development and testing of space-based missile defenses. (iv) Increased flexibility for technology development of advanced ballistic missile defenses. (v) Clarification of the distinctions between TMDs and anti-ballistic missile defenses, including interceptors and radars. (c) FOLLOW-ON TECHNOLOGY RESEARCH- (1) FOLLOW-ON ANTI-BALLISTIC MISSILE TECHNOLOGIES- To effectively develop technologies relevant to achieving the goal in subsection (a) and to provide future options for protecting the security of the United States and our allies and friends, robust research and development funding for promising follow-on anti-ballistic missile technologies, including Brilliant Pebbles, is required. (2) EXCLUSION FROM INITIAL PLAN- Deployment of Brilliant Pebbles is not included in the initial plan for the limited defense system architecture described in subsection (a). (3) REPORT AND LIMITATION- The Secretary of Defense shall submit to the congressional defense committees a report on conceptual and burdensharing issues associated with the option of deploying space-based interceptors, including Brilliant Pebbles, for the purpose of providing global defenses against ballistic missile attacks. Not more than 50 percent of the funds authorized in subsection (f)(2)(C) for the Space-Based Interceptors program element in fiscal year 1992 may be obligated for the Brilliant Pebbles program until 45 days after the submission of the report. (d) PROGRAM ELEMENTS- (1) EXCLUSIVE ELEMENTS- The following program elements shall be the exclusive program elements for the Strategic Defense Initiative: (A) Limited Defense System. (B) Theater Missile Defenses. (C) Space-Based Interceptors. (D) Other Follow-On Systems. (E) Research and Support Activities. (2) APPLICABILITY TO BUDGETS FOR FISCAL YEARS AFTER FISCAL YEAR 1992- The program elements in paragraph (1) shall be the only program elements used in the program and budget provided concerning the Strategic Defense Initiative submitted to Congress by the Secretary of Defense in support of the budget submitted to Congress by the President under section 1105 of title 31, United States Code, for any fiscal year after fiscal year 1992. (e) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OBJECTIVES- (1) LIMITED DEFENSE SYSTEM- The Limited Defense System program element shall include programs, projects, and activities and supporting programs, projects, and activities which have as a primary objective the development of systems, components, and architectures for a deployable anti-ballistic missile system as described in subsection (a) capable of providing a highly effective defense of the United States against limited ballistic missile threats, including accidental or unauthorized launches or Third World attacks, but below a threshold that would bring into question strategic stability. Such activities shall also include those necessary to develop and test systems, components, and architectures capable of deployment by fiscal year 1996 as part of an ABM Treaty-compliant initial site defensive system. For purposes of planning, evaluation, design, and effectiveness studies, such programs, projects, and activities may take into consideration both the current limitations of the 1972 ABM Treaty and modest changes to its numerical limitations and its limitations on the utilization of space-based sensors. (2) THEATER MISSILE DEFENSES- The Theater Missile Defenses program element shall include programs, projects, and activities, including those previously associated with the Tactical Missile Defense Initiative, which have as primary objectives the following: (A) The development of deployable and rapidly relocatable advanced theater missile defenses capable of defending forward-deployed and expeditionary United States armed forces. Such a program shall have the objective of downselecting and deploying more capable TMD systems by the mid-1990s. (B) Cooperation with friendly and allied nations in the development of theater defenses against tactical or theater ballistic missiles. (3) SPACE-BASED INTERCEPTORS- The Space-Based Interceptors program element shall include programs, projects, and activities and supporting programs, projects, and activities which have as a primary objective conducting research on space-based kinetic-kill interceptors and associated sensors that could provide an overlay to ground-based anti-ballistic missile interceptors. (4) OTHER FOLLOW-ON SYSTEMS- The Other Follow-On Systems program element shall include programs, projects, and activities which have as a primary objective the development of technologies capable of supporting systems, components, and architectures that could produce highly effective defenses for the future. (5) RESEARCH AND SUPPORT ACTIVITIES- The Research and Support Activities program element shall include programs, projects, and activities which have as primary objectives the following: (A) The provision of basic research and technical, engineering, and managerial support to the programs, projects, and activities within the program elements referred to in paragraphs (1) through (4). (B) Innovative science and technology projects. (C) The provision of test and evaluation services. (D) Program management. (f) FUNDING- (1) TOTAL AMOUNT- Of the amounts appropriated pursuant to section 201 for fiscal year 1992 or otherwise made available to the Department of Defense for research, development, test, and evaluation for fiscal year 1992, not more than $4,600,000,000 may be obligated for the Strategic Defense Initiative. (2) SPECIFIC AMOUNTS FOR THE PROGRAM ELEMENTS- Of the amount described in paragraph (1)— (A) not more than $1,550,530,000 shall be available for programs, projects, and activities within the Limited Defense System program element; (B) not more than $857,460,000 shall be available for programs, projects, and activities within the Theater Missile Defenses program element; (C) not more than $625,383,000 shall be available for programs, projects, and activities within the Space-Based Interceptors program element; (D) not more than $744,609,000 shall be available for programs, projects, and activities within the Other Follow-On Systems program element; and (E) not more than $822,018,000 shall be available for programs, projects, and activities within the Research and Support Activities program element. (3) ENVIRONMENTAL IMPACT STATEMENT- Of the amount described in paragraph (2)(A)— (A) up to $5,000,000 may be obligated and expended to carry out an expeditious site-specific Environmental Impact Statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) up to $40,000,000 may be obligated and expended to conduct refurbishment studies, site surveys, and technical assessments and analyses related to removing the Grand Forks anti-ballistic missile site from its deactivated status. The Congress expressly waives any and all requirements to evaluate alternative sites to the site at Grand Forks. (4) REPORTING REQUIREMENT- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the allocation of funds appropriated for the Strategic Defense Initiative for fiscal year 1992. The report shall specify the amount of such funds allocated for each program, project, and activity of the Strategic Defense Initiative and shall list each program, project, and activity under the appropriate program element. (5) TRANSFER AUTHORITY- (A) IN GENERAL- Before the submission of the report required under paragraph (4) and notwithstanding the limitations set forth in paragraph (2), the Secretary of Defense may transfer funds among the program elements described in paragraph (2). (B) LIMITATION- The total amount that may be transferred to or from any program element described in paragraph (2)— (i) may not exceed 10 percent of the amount provided in such paragraph for the program element from which the transfer is made; and (ii) may not exceed the amount that results in an increase of more than 10 percent of the amount provided in such paragraph for the program element to which the transfer is made. (C) MERGER AND AVAILABILITY- Amounts transferred pursuant to subparagraph (A) shall be merged with and be available for the same purposes as the amounts to which transferred. (g) REVIEW OF FOLLOW-ON DEPLOYMENT OPTIONS- As deployment at the anti-ballistic missile site described in subsection (b)(2)(B) draws near to the deployment date of fiscal year 1996, the President and the Congress shall assess the progress in the ABM Treaty amendments negotiation. If U.S. negotiating objectives described in subsection (b)(3) have not been achieved, the President and the Congress should at that time 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. (h) DEFINITION- 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 Missiles, signed in Moscow on May 26, 1972. (i) INTERPRETATION- Nothing in this Act may be construed to imply congressional authorization for development, testing, or deployment of anti-ballistic missile systems in violation of the ABM Treaty, including any protocols or amendments thereto.
