
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 232(c)-(h)]
[Document affected by Public Law 107-107 Section 234]
[CITE: 10USC2431]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 144--MAJOR DEFENSE ACQUISITION PROGRAMS
 
Sec. 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 documents 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 documents, 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 documentation 
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 Pub. L. 93-155, title VIII, Sec. 803(a), Nov. 16, 1973, 87 Stat. 
614, Sec. 139; amended Pub. L. 94-106, title VIII, Sec. 805, Oct. 7, 
1975, 89 Stat. 538; Pub. L. 96-513, title V, Sec. 511(5), Dec. 12, 1980, 
94 Stat. 2920; Pub. L. 97-86, title IX, Sec. 909(c), Dec. 1, 1981, 95 
Stat. 1120; Pub. L. 97-258, Sec. 3(b)(1), Sept. 13, 1982, 96 Stat. 1063; 
Pub. L. 98-525, title XIV, Sec. 1405(3), Oct. 19, 1984, 98 Stat. 2621; 
renumbered Sec. 2431 and amended Pub. L. 99-433, title I, 
Secs. 101(a)(5), 110(d)(12), (g)(6), Oct. 1, 1986, 100 Stat. 995, 1003, 
1004; Pub. L. 100-180, div. A, title XIII, Sec. 1314(a)(1), Dec. 4, 
1987, 101 Stat. 1175; Pub. L. 101-510, div. A, title XIII, 
Sec. 1301(13), title XIV, Sec. 1484(f)(3), Nov. 5, 1990, 104 Stat. 1668, 
1717; Pub. L. 103-355, title III, Sec. 3001, Oct. 13, 1994, 108 Stat. 
3327; Pub. L. 104-106, div. D, title XLIII, Sec. 4321(b)(18), Feb. 10, 
1996, 110 Stat. 673.)


                            Prior Provisions

    Provisions similar to those in this section were contained in Pub. 
L. 92-156, title V, Sec. 506, Nov. 17, 1971, 85 Stat. 429, prior to 
repeal by Pub. L. 93-155, Sec. 803(b)(2).


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106, Sec. 4321(b)(18)(A)(i), 
substituted ``Any documents'' for ``Any report'' in first sentence.
    Subsec. (b)(3). Pub. L. 104-106, Sec. 4321(b)(18)(A)(ii), 
substituted ``the documents'' for ``the report''.
    Subsec. (c). Pub. L. 104-106, Sec. 4321(b)(18)(B), substituted 
``documentation'' for ``reporting''.
    1994--Subsec. (a). Pub. L. 103-355, Sec. 3001(a), substituted ``not 
later than 45 days after'' for ``at the same time'' and ``budget 
justification documents'' for ``a written report'' in first sentence and 
``documents'' for ``report'' in second and third sentences.
    Subsec. (b). Pub. L. 103-355, Sec. 3001(b)(1), substituted ``include 
each of the following:'' for ``include--'' in introductory provisions.
    Subsec. (b)(1) to (3). Pub. L. 103-355, Sec. 3001(b)(2)-(4), 
capitalized first letter of first word in pars. (1) to (3) and 
substituted period for semicolon at end of pars. (1) and (2) and period 
for ``; and'' at end of par. (3).
    Subsec. (b)(4). Pub. L. 103-355, Sec. 3001(b)(5) amended par. (4) 
generally. Prior to amendment, par. (4) read as follows: ``the most 
efficient production rate and the most efficient acquisition rate 
consistent with the program priority established for such weapon system 
by the Secretary concerned.''
    1990--Subsec. (b). Pub. L. 101-510, Sec. 1484(f)(3), substituted 
``covered and shall specifically include'' for ``covered, and 
specifically include, but not be limited to'' in introductory 
provisions.
    Pub. L. 101-510, Sec. 1301(13), redesignated subsec. (c) as (b), 
struck out ``or (b)'' after ``under subsection (a)'', and struck out 
former subsec. (b) which read as follows: ``The Secretary of Defense 
shall submit a supplemental report to Congress not less than 30, or more 
than 90, days before the award of any contract, or the exercise of any 
option in a contract, for the procurement of any such weapon system 
(other than procurement of units for operational testing and evaluation, 
or long lead-time items, or both), unless--
        ``(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). Pub. L. 101-510, Sec. 1301(13)(C), redesignated 
subsecs. (c) and (d) as (b) and (c), respectively.
    1987--Pub. L. 100-180 made technical amendment to directory language 
of Pub. L. 99-433, Sec. 101(a)(5). See 1986 Amendment note below.
    1986--Pub. L. 99-433, Sec. 101(a)(5), as amended by Pub. L. 100-180, 
Sec. 1314(a)(1), renumbered section 139 of this title as this section.
    Pub. L. 99-433, Sec. 110(d)(12), substituted ``Weapons development 
and procurement schedules'' for ``Secretary of Defense: weapons 
development and procurement schedules for armed forces; reports; 
supplemental reports'' in section catchline.
    Subsec. (a). Pub. L. 99-433, Sec. 110(g)(6), substituted ``section 
114(a)'' for ``section 138(a)''.
    1984--Subsec. (b). Pub. L. 98-525, Sec. 1405(3)(B), substituted 
``30'' for ``thirty'' and ``90'' for ``ninety'' in introductory text.
    Subsec. (b)(2). Pub. L. 98-525, Sec. 1405(3)(A), substituted ``30'' 
for ``thirty''.
    1982--Subsec. (a). Pub. L. 97-258 substituted ``section 1105 of 
title 31'' for ``section 201 of the Budget and Accounting Act, 1921 (31 
U.S.C. 11)''.
    1981--Subsec. (c)(4). Pub. L. 97-86 added par. (4).
    1980--Subsec. (a). Pub. L. 96-513 substituted ``section 201 of the 
Budget and Accounting Act, 1921 (31 U.S.C. 11)'' for ``section 11 of 
title 31''.
    1975--Subsec. (b). Pub. L. 94-106 substituted ``or more than ninety, 
days before'' for ``or more than sixty, days before''.


                    Effective Date of 1996 Amendment

    For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under 
section 251 of Title 41, Public Contracts.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-180 applicable as if included in enactment 
of the Goldwater-Nichols Department of Defense Reorganization Act of 
1986, Pub. L. 99-433, see section 1314(e) of Pub. L. 100-180, set out as 
a note under section 743 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                     National Missile Defense Policy

    Pub. L. 106-38, Sec. 2, July 22, 1999, 113 Stat. 205, provided that: 
``It is the policy of the United States to deploy as soon as is 
technologically possible an effective National Missile Defense system 
capable of defending the territory of the United States against limited 
ballistic missile attack (whether accidental, unauthorized, or 
deliberate) with funding subject to the annual authorization of 
appropriations and the annual appropriation of funds for National 
Missile Defense.''


                    National Missile Defense Program

    Pub. L. 105-85, div. A, title II, Sec. 231, Nov. 18, 1997, 111 Stat. 
1661, provided that:
    ``(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 [Committees on Armed Services and 
Appropriations of Senate and House of Representatives] 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) [111 Stat. 1655], $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.''


    Memorandum of Understanding for Use of National Laboratories for 
                   Ballistic Missile Defense Programs

    Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3132], Oct. 30, 
2000, 114 Stat. 1654, 1654A-455, provided that:
    ``(a) Jointly Funded Projects.--The Secretary of Energy and the 
Secretary of Defense shall modify the memorandum of understanding for 
the use of the national laboratories for ballistic missile defense 
programs, entered into under section 3131 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 
2034; 10 U.S.C. 2431 note), to provide for jointly funded projects.
    ``(b) Requirements for Projects.--The projects referred to in 
subsection (a) shall--
        ``(1) be carried out by the National Nuclear Security 
    Administration and the Ballistic Missile Defense Organization; and
        ``(2) contribute to sustaining--
            ``(A) the expertise necessary for the viability of such 
        laboratories; and
            ``(B) the capabilities required to sustain the nuclear 
        stockpile.
    ``(c) Participation by NNSA in Certain BMDO Activities.--The 
Administrator for Nuclear Security and the Director of the Ballistic 
Missile Defense Organization shall implement mechanisms that increase 
the cooperative relationship between those organizations. Those 
mechanisms may include participation by personnel of the National 
Nuclear Security Administration in the following activities of the 
Ballistic Missile Defense Organization:
        ``(1) Peer reviews of technical efforts.
        ``(2) Activities of so-called `red teams'.''
    Pub. L. 105-85, div. C, title XXXI, Sec. 3131, Nov. 18, 1997, 111 
Stat. 2034, provided that:
    ``(a) Memorandum of Understanding.--The Secretary of Energy and the 
Secretary of Defense shall enter into a memorandum of understanding for 
the purpose of improving and facilitating the use by the Secretary of 
Defense of the expertise of the national laboratories for the ballistic 
missile defense programs of the Department of Defense.
    ``(b) Assistance.--The memorandum of understanding shall provide 
that the Secretary of Defense shall request such assistance with respect 
to the ballistic missile defense programs of the Department of Defense 
as the Secretary of Defense and the Secretary of Energy determine can be 
provided through the technical skills and experience of the national 
laboratories, using such financial arrangements as the Secretaries 
determine are appropriate.
    ``(c) Activities.--The memorandum of understanding shall provide 
that the national laboratories shall carry out those activities 
necessary to respond to requests for assistance from the Secretary of 
Defense referred to in subsection (b). Such activities may include the 
identification of technical modifications and test techniques, the 
analysis of physics problems, the consolidation of range and test 
activities, and the analysis and simulation of theater missile defense 
deployment problems.
    ``(d) National Laboratories.--For purposes of this section, the 
national laboratories are--
        ``(1) the Lawrence Livermore National Laboratory, Livermore, 
    California;
        ``(2) the Los Alamos National Laboratory, Los Alamos, New 
    Mexico; and
        ``(3) the Sandia National Laboratories, Albuquerque, New 
    Mexico.''


                    Ballistic Missile Defense Program

    Subtitle C of title II of div. A of Pub. L. 104-106, as amended by 
Pub. L. 105-85, div. A, title II, Sec. 236, Nov. 18, 1997, 111 Stat. 
1665; Pub. L. 106-65, div. A, title X, Sec. 1067(6), Oct. 5, 1999, 113 
Stat. 774, provided that:
``SEC. 231. SHORT TITLE.
    ``This subtitle may be cited as the `Ballistic Missile Defense Act 
of 1995'.
``SEC. 232. FINDINGS.
    ``Congress makes the following findings:
        ``(1) The emerging threat that is posed to the national security 
    interests of the United States by the proliferation of ballistic 
    missiles is significant and growing, both in terms of numbers of 
    missiles and in terms of the technical capabilities of those 
    missiles.
        ``(2) The deployment of ballistic missile defenses is a 
    necessary, but not sufficient, element of a broader strategy to 
    discourage both the proliferation of weapons of mass destruction and 
    the proliferation of the means of their delivery and to defend 
    against the consequences of such proliferation.
        ``(3) The deployment of effective Theater Missile Defense 
    systems can deter potential adversaries of the United States from 
    escalating a conflict by threatening or attacking United States 
    forces or the forces or territory of coalition partners or allies of 
    the United States with ballistic missiles armed with weapons of mass 
    destruction to offset the operational and technical advantages of 
    the United States and its coalition partners and allies.
        ``(4) United States intelligence officials have provided 
    intelligence estimates to congressional committees that (A) the 
    trend in missile proliferation is toward longer range and more 
    sophisticated ballistic missiles, (B) North Korea may deploy an 
    intercontinental ballistic missile capable of reaching Alaska or 
    beyond within five years, and (C) although a new, indigenously 
    developed ballistic missile threat to the continental United States 
    is not foreseen within the next ten years, determined countries can 
    acquire intercontinental ballistic missiles in the near future and 
    with little warning by means other than indigenous development.
        ``(5) The development and deployment by the United States and 
    its allies of effective defenses against ballistic missiles of all 
    ranges will reduce the incentives for countries to acquire such 
    missiles or to augment existing missile capabilities.
        ``(6) The concept of mutual assured destruction (based upon an 
    offense-only form of deterrence), which is the major philosophical 
    rationale underlying the ABM Treaty, is now questionable as a basis 
    for stability in a multipolar world in which the United States and 
    the states of the former Soviet Union are seeking to normalize 
    relations and eliminate Cold War attitudes and arrangements.
        ``(7) The development and deployment of a National Missile 
    Defense system against the threat of limited ballistic missile 
    attacks--
            ``(A) would strengthen deterrence at the levels of forces 
        agreed to by the United States and Russia under the Strategic 
        Arms Reduction Talks Treaty (START-I); and
            ``(B) would further strengthen deterrence if reductions 
        below the levels permitted under START-I should be agreed to and 
        implemented in the future.
        ``(8) The distinction made during the Cold War, based upon the 
    technology of the time, between strategic ballistic missiles and 
    nonstrategic ballistic missiles, which resulted in the distinction 
    made in the ABM Treaty between strategic defense and nonstrategic 
    defense, has become obsolete because of technological advancement 
    (including the development by North Korea of long-range Taepo-Dong I 
    and Taepo-Dong II missiles) and, therefore, that distinction in the 
    ABM Treaty should be reviewed.
``SEC. 233. BALLISTIC MISSILE DEFENSE POLICY.
    ``It is the policy of the United States--
        ``(1) to deploy affordable and operationally effective theater 
    missile defenses to protect forward-deployed and expeditionary 
    elements of the Armed Forces of the United States and to complement 
    the missile defense capabilities of forces of coalition partners and 
    of allies of the United States; and
        ``(2) to seek a cooperative, negotiated transition to a regime 
    that does not feature an offense-only form of deterrence as the 
    basis for strategic stability.
``SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.
    ``(a) Establishment of Core Program.--To implement the policy 
established in paragraph (1) of section 233, the Secretary of Defense 
shall restructure the core theater missile defense program to consist of 
the following systems:
        ``(1) The Patriot PAC-3 system.
        ``(2) The Navy Area Defense system.
        ``(3) The Theater High-Altitude Area Defense (THAAD) system.
        ``(4) The Navy Theater Wide system.
    ``(b) Use of Streamlined Acquisition Procedures.--The Secretary of 
Defense shall prescribe and use streamlined acquisition policies and 
procedures to reduce the cost and increase the efficiency of developing 
and deploying the theater missile defense systems specified in 
subsection (a).
    ``(c) Interoperability and Support of Core Systems.--To maximize 
effectiveness and flexibility of the systems comprising the core theater 
missile defense program, the Secretary of Defense shall ensure that 
those systems are integrated and complementary and are fully capable of 
exploiting external sensor and battle management support from systems 
such as--
        ``(A) the Cooperative Engagement Capability (CEC) system of the 
    Navy;
        ``(B) airborne sensors; and
        ``(C) space-based sensors (including, in particular, the Space 
    and Missile Tracking System).
    ``(d) Follow-on Systems.--(1) The Secretary of Defense shall prepare 
an affordable development plan for theater missile defense systems to be 
developed as follow-on systems to the core systems specified in 
subsection (a). The Secretary shall make the selection of a system for 
inclusion in the plan based on the capability of the system to satisfy 
military requirements not met by the systems in the core program and on 
the capability of the system to use prior investments in technologies, 
infrastructure, and battle-management capabilities that are incorporated 
in, or associated with, the systems in the core program.
    ``(2) The Secretary may not proceed with the development of a 
follow-on theater missile defense system beyond the Demonstration/
Validation stage of development unless the Secretary designates that 
system as a part of the core program under this section and submits to 
the congressional defense committees [Committees on Armed Services and 
on Appropriations of the Senate and House of Representatives] notice of 
that designation. The Secretary shall include with any such notification 
a report describing--
        ``(A) the requirements for the system and the specific threats 
    that such system is designed to counter;
        ``(B) how the system will relate to, support, and build upon 
    existing core systems;
        ``(C) the planned acquisition strategy for the system; and
        ``(D) a preliminary estimate of total program cost for that 
    system and the effect of development and acquisition of such system 
    on Department of Defense budget projections.
    ``(e) Program Accountability Report.--(1) As part of the annual 
report of the Ballistic Missile Defense Organization required by section 
224 of Public Law 101-189 (10 U.S.C. 2431 note), the Secretary of 
Defense shall describe the technical milestones, the schedule, and the 
cost of each phase of development and acquisition (together with total 
estimated program costs) for each core and follow-on theater missile 
defense program.
    ``(2) As part of such report, the Secretary shall describe, with 
respect to each program covered in the report, any variance in the 
technical milestones, program schedule milestones, and costs for the 
program compared with the information relating to that program in the 
report submitted in the previous year and in the report submitted in the 
first year in which that program was covered.
    ``(f) Reports on TMD System Limitations Under ABM Treaty.--(1) 
Whenever, after January 1, 1993, the Secretary of Defense issues a 
certification with respect to the compliance of a particular Theater 
Missile Defense system with the ABM Treaty, the Secretary shall transmit 
to the Committee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a copy of such 
certification. Such transmittal shall be made not later than 30 days 
after the date on which such certification is issued, except that in the 
case of a certification issued before the date of the enactment of this 
Act [Feb. 10, 1996], such transmittal shall be made not later than 60 
days after the date of the enactment of this Act.
    ``(2) If a certification under paragraph (1) is based on application 
of a policy concerning United States compliance with the ABM Treaty that 
differs from the policy described in section 235(b)(1), the Secretary 
shall include with the transmittal under that paragraph a report 
providing a detailed assessment of--
        ``(A) how the policy applied differs from the policy described 
    in section 235(b)(1); and
        ``(B) how the application of that policy (rather than the policy 
    described in section 235(b)(1)) will affect the cost, schedule, and 
    performance of that system.
``SEC. 235. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN INTERNATIONAL 
        AGREEMENT CONCERNING THEATER MISSILE DEFENSE SYSTEMS.
    ``(a) Findings.--(1) Congress hereby reaffirms--
        ``(A) the finding in [former] section 234(a)(7) of the National 
    Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 
    107 Stat. 1595; 10 U.S.C. 2431 note) that 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; and
        ``(B) the statement in section 232 of the National Defense 
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 
    Stat. 2700) that the United States shall not be bound by any 
    international agreement entered into by the President that would 
    substantively modify the ABM Treaty unless the agreement is entered 
    into pursuant to the treaty making power of the President under the 
    Constitution.
    ``(2) Congress also finds that the demarcation standard described in 
subsection (b)(1) for compliance of a missile defense system, system 
upgrade, or system component with the ABM Treaty is based upon current 
technology.
    ``(b) Sense of Congress Concerning Compliance Policy.--It is the 
sense of Congress that--
        ``(1) unless a missile defense system, system upgrade, or system 
    component (including one that exploits data from space-based or 
    other external sensors) is flight tested in an ABM-qualifying flight 
    test (as defined in subsection (e)), that system, system upgrade, or 
    system component has not, for purposes of the ABM Treaty, been 
    tested in an ABM mode nor been given capabilities to counter 
    strategic ballistic missiles and, therefore, is not subject to any 
    application, limitation, or obligation under the ABM Treaty; and
        ``(2) any international agreement that would limit the research, 
    development, testing, or deployment of missile defense systems, 
    system upgrades, or system components that are designed to counter 
    modern theater ballistic missiles in a manner that would be more 
    restrictive than the compliance criteria specified in paragraph (1) 
    should be entered into only pursuant to the treaty making powers of 
    the President under the Constitution.
    ``(c) Prohibition on Funding.--Funds appropriated or otherwise made 
available to the Department of Defense for fiscal year 1996 may not be 
obligated or expended to implement an agreement, or any understanding 
with respect to interpretation of the ABM Treaty, between the United 
States and any of the independent states of the former Soviet Union 
entered into after January 1, 1995, that--
        ``(1) would establish a demarcation between theater missile 
    defense systems and anti-ballistic missile systems for purposes of 
    the ABM Treaty; or
        ``(2) would restrict the performance, operation, or deployment 
    of United States theater missile defense systems.
    ``(d) Exceptions.--Subsection (c) does not apply--
        ``(1) to the extent provided by law in an Act enacted after this 
    Act [Pub. L. 104-106, enacted Feb. 10, 1996];
        ``(2) to expenditures to implement that portion of any such 
    agreement or understanding that implements the policy set forth in 
    subsection (b)(1); or
        ``(3) to expenditures to implement any such agreement or 
    understanding that is approved as a treaty or by law.
    ``(e) ABM-Qualifying Flight Test Defined.--For purposes of this 
section, an ABM-qualifying flight test is a flight test against a 
ballistic missile which, in that flight test, exceeds (1) a range of 
3,500 kilometers, or (2) a velocity of 5 kilometers per second.
``SEC. 236. BALLISTIC MISSILE DEFENSE COOPERATION WITH ALLIES.
    ``It is in the interest of the United States to develop its own 
missile defense capabilities in a manner that will permit the United 
States to complement the missile defense capabilities developed and 
deployed by its allies and possible coalition partners. Therefore, the 
Congress urges the President--
        ``(1) to pursue high-level discussions with allies of the United 
    States and selected other states on the means and methods by which 
    the parties on a bilateral basis can cooperate in the development, 
    deployment, and operation of ballistic missile defenses;
        ``(2) to take the initiative within the North Atlantic Treaty 
    Organization to develop consensus in the Alliance for a timely 
    deployment of effective ballistic missile defenses by the Alliance; 
    and
        ``(3) in the interim, to seek agreement with allies of the 
    United States and selected other states on steps the parties should 
    take, consistent with their national interests, to reduce the risks 
    posed by the threat of limited ballistic missile attacks, such steps 
    to include--
            ``(A) the sharing of early warning information derived from 
        sensors deployed by the United States and other states;
            ``(B) the exchange on a reciprocal basis of technical data 
        and technology to support both joint development programs and 
        the sale and purchase of missile defense systems and components; 
        and
            ``(C) operational level planning to exploit current missile 
        defense capabilities and to help define future requirements.
``SEC. 237. ABM TREATY DEFINED.
    ``For purposes of this subtitle, 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, 
and signed at Moscow on May 26, 1972, and includes the Protocols to that 
Treaty, signed at Moscow on July 3, 1974.
``SEC. 238. REPEAL OF MISSILE DEFENSE ACT OF 1991.
    ``The Missile Defense Act of 1991 [Pub. L. 102-190, div. A, title 
II, part C] (10 U.S.C. 2431 note) is repealed.''


Compliance of Ballistic Missile Defense Systems and Components With ABM 
                                 Treaty

    Pub. L. 103-337, div. A, title II, Sec. 231, Oct. 5, 1994, 108 Stat. 
2699, provided that:
    ``(a) General Limitation.--Funds appropriated to the Department of 
Defense for fiscal year 1995, or otherwise made available to the 
Department of Defense from any funds appropriated for fiscal year 1995 
or for any fiscal year before 1995, may not be obligated or expended--
        ``(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) Limitation Relating to Brilliant Eyes.--Of the funds 
appropriated pursuant to the authorizations of appropriations in section 
201 [108 Stat. 2690] that are made available for the space-based, 
midcourse missile tracking system known as the Brilliant Eyes program, 
not more than $80,000,000 may be obligated until the Secretary of 
Defense submits to the appropriate congressional committees a report on 
the compliance of that program with the ABM Treaty, as determined under 
the compliance review conducted pursuant to subsection (c).
    ``(c) Compliance Review for Brilliant Eyes.--The Secretary of 
Defense shall review the Brilliant Eyes program to determine whether, 
and under what conditions, the development, testing, and deployment of 
the Brilliant Eyes missile tracking system in conjunction with a theater 
ballistic missile defense system, with a limited national missile 
defense system, and with both such systems, would be in compliance with 
the ABM Treaty, including the interpretation of that treaty set forth in 
the enclosure to the July 13, 1993, ACDA letter.
    ``(d) Compliance Review for Navy Upper Tier System.--(1) The 
Secretary of Defense shall review the theater ballistic missile program 
known as the Navy Upper Tier program to determine whether the 
development, testing, and deployment of the system being developed under 
that program would be in compliance with the ABM Treaty, including the 
interpretation of the Treaty set forth in the enclosure to the July 13, 
1993, ACDA letter.
    ``(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) Definitions.--In this section:
        ``(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, 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.''
    Pub. L. 103-160, div. A, title II, Sec. 234, Nov. 30, 1993, 107 
Stat. 1595, contained findings of Congress, required compliance review, 
and limited funding pending submission of report, prior to repeal by 
Pub. L. 104-106, div. A, title II, Sec. 253(6), Feb. 10, 1996, 110 Stat. 
235.


                   Theater Missile Defense Master Plan

    Pub. L. 103-160, div. A, title II, Sec. 235, Nov. 30, 1993, 107 
Stat. 1598, provided that:
    ``(a) Integration and Compatibility.--In carrying out the Theater 
Missile Defense Initiative, the Secretary of Defense shall--
        ``(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 Master Plan.--The Secretary of Defense shall submit to 
Congress a report (which shall constitute the TMD master plan) 
containing a thorough and complete analysis of the future of theater 
missile defense programs. The report shall include the following:
        ``(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) Description of Testing Program.--The Secretary of Defense 
shall include in the report under subsection (b)--
        ``(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) Relationship to Arms Control Treaties.--The Secretary shall 
include in the report under subsection (b) a statement of how production 
and deployment of any projected Theater Missile Defense program will 
conform to all relevant arms control agreements. The report shall 
describe any potential noncompliance with any such agreement, when such 
noncompliance is expected to occur, and whether provisions need to be 
renegotiated within that agreement to address future contingencies.
    ``(e) Submission of Report.--The report required by subsection (b) 
shall be submitted as part of the next annual report of the Secretary 
submitted to Congress under section 224 of Public Law 101-189 (10 U.S.C. 
2431 note).
    ``(f) Objectives of Plan.--In preparing the master plan, the 
Secretary shall--
        ``(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) Review and Report on Deployment of Ballistic Missile 
Defenses.--(1) The Secretary of Defense shall conduct an intensive and 
extensive review of opportunities to streamline the weapon systems 
acquisition process applicable to the development, testing, and 
deployment of theater ballistic missile defenses with the objective of 
reducing the cost of deployment and accelerating the schedule for 
deployment without significantly increasing programmatic risk or 
concurrency.
    ``(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 Public Law 101-189 (10 U.S.C. 
2431 note).''


   Cooperation of United States Allies on Development of Tactical and 
                        Theater Missile Defenses

    Pub. L. 103-160, div. A, title II, Sec. 242(a)-(e), Nov. 30, 1993, 
107 Stat. 1603-1605, stated congressional findings, required Secretary 
of Defense to develop plan to coordinate development and implementation 
of Theater Missile Defense programs of United States with theater 
missile defense programs of allies of United States, specified contents 
of such plan, required Secretary to submit to Congress report on such 
plan in both classified and unclassified versions, required Secretary to 
include in each annual Theater Missile Defense Initiative report to 
Congress report on actions taken to implement such plan, specified 
contents of such report, related to restriction on funds, stated sense 
of Congress that whenever United States deployed theater ballistic 
missile defenses to protect country that had not provided support for 
development of such defenses United States was to consider seeking 
reimbursement from such country to cover at least incremental cost of 
such deployment, and related to congressional encouragement of allies of 
United States to participate in cooperative Theater Missile Defense 
programs of United States and encouragement of participation by United 
States in cooperative theater missile defense efforts of allied nations, 
prior to repeal by Pub. L. 104-106, div. A, title II, Sec. 253(7), Feb. 
10, 1996, 110 Stat. 235.


                Transfer of Follow-On Technology Programs

    Pub. L. 103-160, div. A, title II, Sec. 243, Nov. 30, 1993, 107 
Stat. 1605, as amended by Pub. L. 104-201, div. A, title X, 
Sec. 1073(e)(1)(E), Sept. 23, 1996, 110 Stat. 2658, provided that:
    ``(a) Management Responsibility.--Except as provided in subsection 
(b), the Secretary of Defense shall provide that management and budget 
responsibility for research and development of any program, project, or 
activity to develop far-term follow-on technology relating to ballistic 
missile defense shall be provided through the Defense Advanced Research 
Projects Agency or the appropriate military department.
    ``(b) Waiver Authority.--The Secretary may waive the provisions of 
subsection (a) in the case of a particular program, project, or activity 
if the Secretary certifies to the congressional defense committees that 
it is in the national security interest of the United States to provide 
management and budget responsibility for that program, project, or 
activity through the Ballistic Missile Defense Organization.
    ``(c) Report Required.--As a part of the report required by section 
231(e) [107 Stat. 1593], the Secretary shall submit to the congressional 
defense committees a report identifying--
        ``(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) Definition.--For the purposes of this section, the term `far-
term follow-on technology' means a technology that is not incorporated 
into a ballistic missile defense architecture and is not likely to be 
incorporated within 15 years into a weapon system for ballistic missile 
defense.
    ``(e) Conforming Amendment.--Section 234 of the Missile Defense Act 
of 1991 [Pub. L. 102-190; 10 U.S.C. 2431 note] is repealed.''


                   Theater Missile Defense Initiative

    Pub. L. 102-484, div. A, title II, Sec. 231, Oct. 23, 1992, 106 
Stat. 2354, provided that:
    ``(a) Establishment of Theater Missile Defense Initiative.--The 
Secretary of Defense shall establish a Theater Missile Defense 
Initiative office within the Department of Defense. All theater and 
tactical missile defense activities of the Department of Defense 
(including all programs, projects, and activities formerly associated 
with the Theater Missile Defense program element of the Strategic 
Defense Initiative) shall be carried out under the Theater Missile 
Defense Initiative.
    ``(b) Funding for Fiscal Year 1993.--Of the amounts appropriated 
pursuant to section 201 [106 Stat. 2349] or otherwise made available to 
the Department of Defense for research, development, test, and 
evaluation for fiscal year 1993, not more than $935,000,000 may be 
obligated for activities of the Theater Missile Defense Initiative, of 
which not less than $90,000,000 shall be made available for exploration 
of promising concepts for naval theater missile defense.
    ``(c) Report.--When the President's budget for fiscal year 1994 is 
submitted to Congress pursuant to section 1105 of title 31, United 
States Code, the Secretary of Defense shall submit to the congressional 
defense committees a report--
        ``(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) Effective Date.--The provisions of subsections (a), (b), and 
(c) shall be implemented not later than 90 days after the date of the 
enactment of this Act [Oct. 23, 1992].''


                         Missile Defense Program

    Pub. L. 102-190, div. A, title II, part C, Dec. 5, 1991, 105 Stat. 
1321, as amended by Pub. L. 102-484, div. A, title II, Sec. 234(a)-
(d)(1), (e), (f), title X, Sec. 1053(1), (2), Oct. 23, 1992, 106 Stat. 
2356, 2357, 2501; Pub. L. 103-35, title II, Secs. 202(a)(2), 203(b)(1), 
May 31, 1993, 107 Stat. 101, 102; Pub. L. 103-160, div. A, title II, 
Secs. 232, 243(e), Nov. 30, 1993, 107 Stat. 1593, 1606; Pub. L. 103-337, 
div. A, title II, Sec. 233, Oct. 5, 1994, 108 Stat. 2700, specified that 
such provisions could be cited as the ``Missile Defense Act of 1991'', 
and related to missile defense goal of United States, implementation of 
goal, review of follow-on deployment options, definition of term ``ABM 
Treaty'', and interpretation of such provisions, prior to repeal by Pub. 
L. 104-106, div. A, title II, Sec. 238, Feb. 10, 1996, 110 Stat. 233.
    Similar provisions were contained in the following prior 
authorization act:
    Pub. L. 101-510, div. A, title II, Sec. 221, Nov. 5, 1990, 104 Stat. 
1511.


            Stretchout of Major Defense Acquisition Programs

    Pub. L. 100-456, div. A, title I, Sec. 117, 102 Stat. 1933, as 
amended by Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(3), Feb. 
10, 1996, 110 Stat. 676, required Secretary of Defense to submit a 
stretchout impact statement for certain major defense acquisition 
programs at same time the budget for any fiscal year is submitted to 
Congress and to submit to Committees on Armed Services of Senate and 
House of Representatives, no later than Mar. 15, 1989, a report on 
feasibility and effect of establishing maximum production rates by 
December 1990 for certain major defense acquisition programs, prior to 
repeal by Pub. L. 105-85, div. A, title X, Sec. 1041(c), Nov. 18, 1997, 
111 Stat. 1885.


         Prohibition of Certain Contracts With Foreign Entities

    Section 222 of Pub. L. 100-180 provided that:
    ``(a) SDI Contracts With Foreign Entities.--Funds appropriated to or 
for the use of the Department of Defense may not be used for the purpose 
of entering into or carrying out any contract with a foreign government 
or a foreign firm if the contract provides for the conduct of research, 
development, test, or evaluation in connection with the Strategic 
Defense Initiative program.
    ``(b) Temporary Suspension of Prohibition Upon Certification of the 
Secretary of Defense.--The prohibition in subsection (a) shall not apply 
to a contract in any fiscal year if the Secretary of Defense certifies 
to Congress in writing at any time during such fiscal year that the 
research, development, testing, or evaluation to be performed under such 
contract cannot be competently performed by a United States firm at a 
price equal to or less than the price at which the research, 
development, testing, or evaluation would be performed by a foreign 
firm.
    ``(c) Exceptions for Certain Contracts.--The prohibition in 
subsection (a) shall not apply to a contract awarded to a foreign 
government or foreign firm if--
        ``(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) Definitions.--In this section:
        ``(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) Transition.--The prohibition in subsection (a) shall not apply 
to a contract entered into before the date of the enactment of this Act 
[Dec. 4, 1987].''


  Limitation on Transfer of Certain Military Technology to Independent 
                      States of Former Soviet Union

    Section 223 of Pub. L. 100-180, as amended by Pub. L. 103-199, title 
II, Sec. 203(a)(1), Dec. 17, 1993, 107 Stat. 2321, provided that: 
``Military technology developed with funds appropriated or otherwise 
made available for the Ballistic Missile Defense Program may not be 
transferred (or made available for transfer) to Russia or any other 
independent state of the former Soviet Union by the United States (or 
with the consent of the United States) unless the President determines, 
and certifies to the Congress at least 15 days prior to any such 
transfer, that such transfer is in the national interest of the United 
States and is to be made for the purpose of maintaining peace.''


            SDI Architecture To Require Human Decision Making

    Section 224 of Pub. L. 100-180 provided that: ``No agency of the 
Federal Government may plan for, fund, or otherwise support the 
development of command and control systems for strategic defense in the 
boost or post-boost phase against ballistic missile threats that would 
permit such strategic defenses to initiate the directing of damaging or 
lethal fire except by affirmative human decision at an appropriate level 
of authority.''


   Prohibition on Deployment of Anti-Ballistic Missile System Unless 
                            Authorized by Law

    Section 226 of Pub. L. 100-180 prohibited Secretary of Defense from 
deploying anti-ballistic missile system unless such deployment was 
specifically authoried by law after Dec. 4, 1987, prior to repeal by 
Pub. L. 104-106, div. A, title II, Sec. 253(3), Feb. 10, 1996, 110 Stat. 
234.


  Establishment of Federally Funded Research and Development Center To 
                           Support SDI Program

    Section 227 of Pub. L. 100-180 provided that:
    ``(a) Findings.--The Congress makes the following findings:
        ``(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) Authority To Contract for FFRDC.--The Secretary of Defense, 
using funds appropriated to the Department of Defense for the Strategic 
Defense Initiative program, may enter into a contract to provide for the 
establishment and operation of a federally funded research and 
development center to provide independent and objective technical 
support to the Strategic Defense Initiative program. Such a contract may 
not be awarded before October 1, 1989.
    ``(c) Contract Award Requirements.--(1) A contract under subsection 
(b) shall be awarded using competitive procedures which emphasize cost 
considerations.
    ``(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) Requirements Applicable to FFRDC.--The Secretary of Defense 
shall--
        ``(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) Funding.--The Secretary of Defense shall provide that all 
funds for the new FFRDC within the Department of Defense budget for any 
fiscal year shall be separately identified and set forth in the budget 
presentation materials submitted to Congress for that fiscal year.
    ``(f) Sunset Provision.--No Federal funds may be provided to the new 
FFRDC after the end of the five-year period beginning on the date of the 
award of the first contract awarded to the FFRDC under this section.''


Limitation on Establishment of Federally Funded Research and Development 
             Center for Strategic Defense Initiative Program

    Pub. L. 99-661, div. A, title II, Sec. 213, Nov. 14, 1986, 100 Stat. 
3841, provided that:
    ``(a) Limitation.--The Secretary of Defense may not obligate or 
expend any funds for the purpose of operating a Federally funded 
research and development center that is established for the support of 
the Strategic Defense Initiative Program after the date of the enactment 
of this Act [Nov. 14, 1986] unless--
        ``(1) the Secretary submits to the Committees on Armed Services 
    of the Senate and 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) Content of Report.--A report submitted under subsection (a)(1) 
with respect to a proposed center shall include a discussion of--
        ``(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) Comptroller General Report.--The Comptroller General of the 
United States shall also submit a report to Congress providing an 
analysis of the items in subsection (b) as appropriate.''


                          Should-Cost Analyses

    Pub. L. 99-145, title IX, Sec. 915, Nov. 8, 1985, 99 Stat. 688, as 
amended by Pub. L. 100-26, Sec. 11(a)(2), Apr. 21, 1987, 101 Stat. 288, 
required Secretary of Defense to submit to Congress an annual report 
setting forth Secretary's plan for performance during next fiscal year 
of cost analyses for major defense acquisition programs for purpose of 
determining how much production of covered systems under such programs 
should cost, prior to repeal by Pub. L. 101-510, div. A, title XIII, 
Sec. 1322(d)(2), Nov. 5, 1990, 104 Stat. 1672.


   Requirement for Specific Authorization for Deployment of Strategic 
                        Defense Initiative System

    Pub. L. 99-145, title II, Sec. 222, Nov. 8, 1985, 99 Stat. 613, 
provided that strategic defense system developed as consequence of 
research, development, test, and evaluation conducted on Strategic 
Defense Initiative program could not be deployed in whole or in part 
unless President made a certain determination and certification to 
Congress and funding for deployment of such system was specifically 
authorized by legislation enacted after date of certification, prior to 
repeal by Pub. L. 104-106, div. A, title II, Sec. 253(1), Feb. 10, 1996, 
110 Stat. 234.


           Annual Report on Ballistic Missile Defense Program

    Pub. L. 101-189, div. A, title II, Sec. 224, Nov. 29, 1989, 103 
Stat. 1398, as amended by Pub. L. 103-160, div. A, title II, Sec. 240, 
Nov. 30, 1993, 107 Stat. 1603; Pub. L. 104-201, div. A, title II, 
Sec. 244, Sept. 23, 1996, 110 Stat. 2463, provided that not later than 
March 15 of each year, the Secretary of Defense was to transmit to 
Congress a report on the programs and projects that constitute the 
Ballistic Missile Defense program and on any other program or project 
relating to defense against ballistic missiles, prior to repeal by Pub. 
L. 106-65, div. A, title X, Sec. 1032(b)(1), Oct. 5, 1999, 113 Stat. 
751.
    Pub. L. 100-180, div. A, title II, Sec. 231(a), Dec. 4, 1987, 101 
Stat. 1059, provided that not later than Mar. 15, 1988 and Mar. 15, 
1989, the Secretary of Defense was to transmit to Congress a report on 
the programs that constitute the Strategic Defense Initiative and on any 
other program relating to defense against ballistic missiles.
    Pub. L. 98-525, title XI, Sec. 1102, Oct. 19, 1984, 98 Stat. 2580, 
required Secretary of Defense, at time of his annual budget presentation 
to Congress beginning with fiscal year 1986 and ending with fiscal year 
1990, to transmit to Committees on Armed Services and Foreign Affairs of 
House of Representatives and Committees on Armed Services and Foreign 
Relations of Senate, a detailed report on programs that constitute SDI, 
prior to repeal by Pub. L. 100-180, div. A, title II, Sec. 231(b), Dec. 
4, 1987, 101 Stat. 1060.


     Plans for Management of Technical Data and Computer Capability 
                              Improvements

    Section 1252 of Pub. L. 98-525 directed Secretary of Defense, not 
later than one year after Oct. 19, 1984, to develop a plan for an 
improved system for the management of technical data relating to any 
major system of the Department of Defense and, not later than 5 years 
after Oct. 19, 1984, to complete implementation of the management plan, 
directed Comptroller General, not later than 18 months after Oct. 19, 
1984, to transmit to Congress a report evaluating the plan developed, 
and directed Secretary of Defense, not later than 180 days after Oct. 
19, 1984, to transmit to Congress a plan to improve substantially the 
computer capability of each of the military departments and of the 
Defense Logistics Agency to store and access rapidly data that is needed 
for the efficient procurement of supplies.


    Consultation With Allies on Strategic Defense Initiative Program

    Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8104], Oct. 
12, 1984, 98 Stat. 1904, 1942, provided that: ``It is the sense of the 
Congress that--(a) the President shall inform and make every effort to 
consult with other member nations of the North Atlantic Treaty 
Organization, Japan, and other appropriate allies concerning the 
research being conducted in the Strategic Defense Initiative program. 
(b) The Secretary of Defense, in coordination with the Secretary of 
State and the Director of the Arms Control and Disarmament Agency, shall 
at the time of the submission of the annual budget presentation 
materials for each fiscal year beginning after September 30, 1984, 
report to the Committees on Appropriations, Armed Services, and Foreign 
Relations of the Senate and the Committees on Appropriations, Armed 
Services, and Foreign Affairs [now International Relations] of the House 
of Representatives on the status of the consultations referred to under 
subsection (a).''
    [For abolition, transfer of functions, and treatment of references 
to United States Arms Control and Disarmament Agency, see section 6511 
et seq. of Title 22, Foreign Relations and Intercourse.]


                       Antisatellite Weapons Test

    Pub. L. 100-180, div. A, title II, Sec. 208, Dec. 4, 1986, 101 Stat. 
1048, provided that:
    ``(a) Testing Moratorium.--The Secretary of Defense may not carry 
out a test of the Space Defense System (antisatellite weapon) involving 
the F-15 launched miniature homing vehicle against an object in space 
until the President certifies to Congress that the Soviet Union has 
conducted, after the date of the enactment of this Act [Dec. 4, 1987], a 
test against an object in space of a dedicated antisatellite weapon.
    ``(b) Expiration.--The prohibition in subsection (a) expires on 
October 1, 1988.''
    Pub. L. 99-661, div. A, title II, Sec. 231, Nov. 14, 1986, 100 Stat. 
3847, provided that:
    ``(a) ASAT Testing Moratorium.--The Secretary of Defense may not 
carry out a test of the Space Defense System (anti-satellite weapon) 
against an object in space until the President certifies to Congress 
that the Soviet Union has conducted, after the date of the enactment of 
this Act [Nov. 14, 1986], a test against an object in space of a 
dedicated anti-satellite weapon.
    ``(b) Expiration.--The prohibition in subsection (a) expires on 
October 1, 1987.''
    Similar provisions were contained in the following prior acts:
    Pub. L. 99-500, Sec. 101(c) [title XI, Sec. 1101], Oct. 18, 1986, 
100 Stat. 1783-82, 1783-177, and Pub. L. 99-591, Sec. 101(c) [title XI, 
Sec. 1101], Oct. 30, 1986, 100 Stat. 3341-82, 3341-177.
    Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8097], Dec. 19, 1985, 
99 Stat. 1185, 1219.

    Pub. L. 99-145, title II, Sec. 208(a), (b), Nov. 8, 1985, 99 Stat. 
610, provided that:
    ``(a) Requirement Regarding the Use of Funds.--None of the funds 
appropriated pursuant to an authorization 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 has made a determination and a 
certification to the Congress as provided in section 8100 of the 
Department of Defense Appropriations Act, 1985 [set out as a note below] 
(as contained in section 101(h) of Public Law 98-473 (98 Stat. 1941)).
    ``(b) Limitation on Number of Tests.--Not more than three tests 
described in subsection (a) may be conducted before October 1, 1986.''
    Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8100], Oct. 
12, 1984, 98 Stat. 1904, 1941, provided that:
    ``(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:
    Pub. L. 98-94, title XI, Sec. 1235, Sept. 24, 1983, 97 Stat. 695; as 
amended by Pub. L. 98-525, title II, Sec. 205, Oct. 19, 1984, 98 Stat. 
2509.


   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

    Pub. L. 96-418, title VIII, Sec. 802, Oct. 10, 1980, 94 Stat. 1775, 
as amended by Pub. L. 97-99, title IX, Sec. 904(b), Dec. 23, 1981, 95 
Stat. 1382; Pub. L. 98-115, title VIII, Sec. 805, Oct. 11, 1983, 97 
Stat. 785; Pub. L. 101-510, div. A, title XIII, Sec. 1322(f), Nov. 5, 
1990, 104 Stat. 1672, provided that:
    ``(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

    Pub. L. 96-342, title II, Sec. 202, Sept. 8, 1980, 94 Stat. 1079, 
provided that:
    ``(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

    Pub. L. 96-29, title II, Sec. 202, June 27, 1979, 93 Stat. 79, 
provided that:
    ``(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 Pub. L. 94-106, as amended by Pub. L. 96-107, title 
VIII, Sec. 809, Nov. 9, 1979, 93 Stat. 815; Pub. L. 97-86, title IX, 
Sec. 917(e), Dec. 1, 1981, 95 Stat. 1131, which required reports to 
Congress respecting acquisitions of major defense systems, including 
total program acquisition unit costs, was repealed by Pub. L. 97-252, 
title XI, Sec. 1107(b), Sept. 8, 1982, 96 Stat. 746, effective Jan. 1, 
1983, as provided in section 1107(c) of Pub. L. 97-252, set out as an 
Effective Date note under section 2432 of this title. See sections 2432 
and 2433 of this title.


    Trident Support Site, Bangor, Washington; Financial Aid to Local 
                          Communities; Reports

    Section 608 of Pub. L. 93-552, title VI, Dec. 27, 1974, 88 Stat. 
1763, provided:
    ``(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 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.
