H. R. 2401—51
(B) If not, whether design changes or operational changes
can be made to the Brilliant Eyes space-based sensor system
that—
(i) will result in the sensor system, when employed
in conjunction with the planned ground-based radar system
and its ground-based interceptors, being in compliance with
the ABM Treaty; and
(ii) will not prevent the sensor system from performing
its strategic defense missions with a high degree of
effectiveness.
(C) If not, whether the Brilliant Eyes space-based sensor
system can be made, through design changes or operational
changes, for use only with theater missile defense systems
and be in compliance with the ABM Treaty.
(D) If so, the extent to which deployment of the Brilliant
Eyes space-based sensor system would enhance the capability
of upper-tier theater defense systems and lower-tier theater
defense systems, respectively.
(d) LIMITATIONS
ON
FUNDING
PENDING
SUBMISSION
OF
REPORT.—(1) Not more than 50 percent of the funds reported pursu-
ant to section 231(e) to be allocated for fiscal year 1994 for a
system or system upgrade specified in subsection (b)(2) may be
obligated for that system or system upgrade, or any of its compo-
nents, until the Secretary completes the compliance review of such
system or system upgrade required by subsection (b) and submits
to the appropriate congressional committees the report on the
results of the compliance review of that system or system upgrade
as required by subsection (c).
(2) Funds appropriated to the Department of Defense for fiscal
year 1994, or otherwise made available to the Department of
Defense from any funds appropriated for fiscal year 1994 or for
any fiscal year before 1994, may not be obligated or expended—
(A) for any development or testing of anti-ballistic missile
systems or components except for development and testing
consistent with the interpretation of the ABM Treaty set forth
in the enclosure to the July 13, 1993, ACDA letter; or
(B) for the acquisition of any material or equipment (includ-
ing long lead materials, components, piece parts, or test equip-
ment, or any modified space launch vehicle) required or to
be used for the development or testing of anti-ballistic missile
systems or components, except for material or equipment
required for development or testing consistent with the
interpretation of the ABM Treaty set forth in the enclosure
to the July 13, 1993, ACDA letter.
(e) 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 accom-
panied 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—
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H. R. 2401—52
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, 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.
SEC. 235. THEATER MISSILE DEFENSE MASTER PLAN.
(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 tech-
nologies; 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 sys-
tems that would largely overlap in their capabilities).
The Secretaries of the military departments shall seek the maxi-
mum 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 com-
plement 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 analy-
sis 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 mainte-
nance, 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 pro-
gram for Theater Missile Defense systems and major compo-
nents; and
(2) an evaluation of the adequacy of the testing program
to simulate conditions similar to those the systems and compo-
nents 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
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H. R. 2401—53
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 agree-
ments. 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 agree-
ment 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 objec-
tive 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 rec-
ommendations 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).
SEC. 236. LIMITED DEFENSE SYSTEM DEVELOPMENT PLAN.
(a) REQUIREMENT FOR REPORT.—(1) The Secretary of Defense
shall submit to the congressional defense committees a report on
the development plan for a Limited Defense System covering the
period of fiscal years 1994 through 1999.
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H. R. 2401—54
(2) The report under paragraph (1) shall be submitted not
later than May 30, 1994, and may be included in the next annual
report on ballistic missile defenses submitted to Congress under
section 224 of Public Law 101–189 (10 U.S.C. 2431 note).
(b) ISSUES TO BE ADDRESSED IN REPORT.—The report under
subsection (a) shall include discussion of the following matters:
(1) The proposed Limited Defense System architecture.
(2) The systems and components to be developed to imple-
ment that architecture.
(3) The extent to which those systems and components
can be developed during the period referred to in subsection
(a), assuming annual funding for the Limited Defense System
averaging $600,000,000 per year.
(4) The additional funding required and the additional
time required after fiscal year 1999 in order for initial deploy-
ment of a limited, ABM-Treaty-compliant capability at a single
site to be implemented.
(5) The variations in both required funding and required
time after fiscal year 1999 for the same initial deployment
to be implemented—
(A) if funding for a Limited Defense System during
fiscal years 1995 through 1999 averages $750,000,000 per
year; and
(B) if funding for a Limited Defense System during
fiscal years 1995 through 1999 averages $450,000,000 per
year.
(6) The extent to which missile defense technologies and
components that are developed for Theater Missile Defense
systems to be deployed before fiscal year 2000 can reduce
the development costs and lead-times for development and
deployment of a Limited Defense System.
(7) The extent to which acquisition streamlining can be
applied to the development of a Limited Defense System.
(8) The extent to which the testing and simulation infra-
structure, the level of engineering and technical support, the
extensive reliance on studies and analyses by contractors, and
the substantial use of outside contractors for systems engineer-
ing and technical analysis which the Ballistic Missile Defense
Organization has inherited from the Strategic Defense Initiative
Organization can be reduced given the re-evaluation of the
Ballistic Missile Defense program that has emerged from the
Bottom-Up Review of the Secretary of Defense which was con-
ducted during 1993.
(9) Such other matters as the Secretary considers impor-
tant.
SEC. 237. THEATER AND LIMITED DEFENSE SYSTEM TESTING.
(a) TESTING OF THEATER MISSILE DEFENSE INTERCEPTORS.—
Except for the acquisition of those production representative mis-
siles required for the completion of developmental and operational
testing, the Secretary of Defense may not approve a theater missile
defense interceptor program proceeding into the Low-Rate Initial
Production (Milestone IIIA) acquisition stage until the Secretary
certifies to the congressional defense committees that more than
two realistic live-fire tests, consistent with section 2366 of title
10, United States Code, have been conducted, the results of which
demonstrate the achievement by the interceptors of the weapons
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