H. R. 2401—55
systems performance goals specified in the system baseline docu-
ment established pursuant to section 2435(a)(1)(A) of title 10,
United States Code, before the program entered engineering and
manufacturing systems development. The live-fire tests demonstrat-
ing such results shall involve multiple interceptors and multiple
targets in the presence of realistic countermeasures.
(b) ADVANCE REVIEW
AND APPROVAL
OF PROPOSED DEVEL-
OPMENTAL
TESTS
OF
LIMITED
DEFENSE
SYSTEM
PROGRAM
PROJECTS.—A developmental test may not be conducted under the
Limited Defense System program element of the Ballistic Missile
Defense Program until the Secretary of Defense reviews and
approves (or approves with changes) the test plan for such devel-
opmental test.
(c) INDEPENDENT MONITORING
OF TESTS.—(1) The Secretary
shall provide for monitoring of the implementation of each test
plan referred to in subsection (b) by a group composed of persons
who—
(A) by reason of education, training, or experience are
qualified to monitor the testing covered by the plan; and
(B) are not assigned or detailed to, or otherwise performing
duties of, the Ballistic Missile Defense Organization and are
otherwise independent of such organization.
(2) The monitoring group shall submit to the Secretary its
analysis of, and conclusions regarding, the conduct and results
of each test monitored by the group.
SEC. 238. ARROW TACTICAL ANTI-MISSILE PROGRAM.
(a) ENDORSEMENT OF COOPERATIVE RESEARCH AND DEVELOP-
MENT.—Congress reiterates its endorsement (previously stated in
section 225(a)(5) of Public Law 101–510 (104 Stat. 1515) and section
241(a) of Public Law 102–190 (105 Stat. 1326)) of a continuing
program of cooperative research and development, jointly funded
by the United States and Israel, on the Arrow Tactical Anti-Missile
program.
(b) PROGRAM GOAL.—The goal of the cooperative program is
to demonstrate the feasibility and practicality of the Arrow system
and to permit the government of Israel to make a decision on
its own initiative regarding deployment of that system without
financial participation by the United States beyond the research
and development stage.
(c) ARROW
CONTINUING
EXPERIMENTS.—The Secretary of
Defense, from amounts appropriated to the Department of Defense
pursuant to section 201 for Defense-wide activities and available
for the Ballistic Missile Defense Organization, shall fund the United
States contribution to the fiscal year 1994 Arrow Continuing Experi-
ments program in an amount not to exceed $56,400,000.
(d) ARROW DEPLOYABILITY INITIATIVE.—(1) Subject to paragraph
(2), the Secretary of Defense may obligate funds appropriated pursu-
ant to section 201 in an amount not to exceed $25,000,000 for
the purpose of research and development of technologies associated
with deploying the Arrow missile in the future (including tech-
nologies associated with battle management, lethality, system
integration, and test bed systems).
(2) Funds may not be obligated for the purpose stated in para-
graph (1) (other than as required to satisfy the conditions set
forth in this paragraph) unless the President certifies to Congress
that—
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H. R. 2401—56
(A) the United States and the government of Israel have
entered into an agreement governing the conduct and funding
of research and development projects for the purpose stated
in paragraph (1);
(B) each project in which the United States will join under
that agreement (i) will have a benefit for the United States,
and (ii) has not been barred by other congressional direction;
(C) the Arrow missile has successfully completed a flight
test in which it intercepted a target missile under realistic
test conditions; and
(D) the government of Israel is continuing, in accordance
with its previous public commitments, to adhere to export con-
trols pursuant to the Guidelines and Annex of the Missile
Technology Control Regime.
(e) SENSE OF CONGRESS ON EXPEDITING TEST PROGRAM.—It
is the sense of Congress that, in order to expedite the test program
for the Arrow missile, the United States should seek to initiate
with the government of Israel discussions on the agreement referred
to in subsection (d)(2)(A) without waiting for the condition specified
in subsection (d)(2)(C) to be met first.
SEC. 239. REPORT ON ARROW TACTICAL ANTI-MISSILE PROGRAM.
(a) REPORT REQUIRED.—Not later than April 1, 1994, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the Arrow Tactical Anti-Missile program. The
Secretary shall design the report to provide those committees with
the information they need in order to perform their oversight func-
tion. The Secretary shall obtain the information for the report
from actual program data to which the United States Government
has access, to the extent possible, or, if necessary, from the best
estimates available to the United States Government.
(b) CONTENT OF REPORT.—The report shall include (at a mini-
mum) the following:
(1) The development and procurement schedules for the
program.
(2) The estimated annual and total cost of the program.
(3) The estimated total cost to the United States of involve-
ment in the program, including funding provided through for-
eign military sales financing under the Arms Export Control
Act.
(4) A detailed description of the contract types and cost
estimating data for the program.
(5) An assessment of the performance of the Arrow intercep-
tor and the Arrow system.
(6) An evaluation of the development and production risks
under the program.
(7) Alternatives to the Arrow interceptor and Arrow system
for meeting the tactical ballistic missile defense needs of Israel,
including providing Israel with an existing or planned United
States weapon system.
(8) For each such alternative—
(A) an assessment of the cost effectiveness of undertak-
ing the alternative;
(B) the technology transfer implications; and
(C) the weapon proliferation implications.
(c) FORM OF REPORT.—The Secretary shall submit the report
in classified and unclassified versions.
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H. R. 2401—57
(d) CONSTRUCTION OF SECTION.—Nothing in this section shall
be construed to endorse United States participation in any aspect
of the Arrow program beyond the research and development pro-
grams authorized by law.
SEC. 240. TECHNICAL AMENDMENTS TO ANNUAL REPORT REQUIRE-
MENT TO REFLECT CREATION OF BALLISTIC MISSILE
DEFENSE ORGANIZATION.
Section 224 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (10 U.S.C. 2431 note) is amended—
(1) by striking out ‘‘Strategic Defense Initiative’’ each place
it appears (other than in subsection (b)(5)) and inserting in
lieu thereof ‘‘Ballistic Missile Defense program’’;
(2) by striking out ‘‘Strategic Defense Initiative’’ in sub-
section (b)(5) and inserting in lieu thereof ‘‘Ballistic Missile
Defense’’;
(3) by striking out ‘‘SDI’’ each place it appears and inserting
in lieu thereof ‘‘BMD’’; and
(4) by striking out the section heading and inserting in
lieu thereof the following:
‘‘SEC. 224. ANNUAL REPORT ON BALLISTIC MISSILE DEFENSE PRO-
GRAM.’’.
SEC. 241. CLEMENTINE SATELLITE PROGRAM.
(a) FINDING.—The Congress finds that the program of the
Ballistic Missile Defense Organization that is known as the ‘‘Clem-
entine’’ program, consisting of a satellite space project that will,
among other matters, provide valuable information about asteroids
in the vicinity of Earth, represents an important opportunity for
transfer of Department of Defense technology for civilian purposes
and should be supported.
(b) CONGRESSIONAL VIEWS.—The Congress urges the Secretary
of Defense—
(1) to identify an appropriate management structure within
either the Advanced Research Projects Agency or one of the
military departments to which the Clementine program and
related programs of general applicability to civilian, commer-
cial, and military space programs might be transferred; and
(2) to consider funding for the Clementine program to be
a priority within whatever agency or department is identified
as described in paragraph (1) and to provide funds for that
program at an appropriate level.
SEC. 242. COOPERATION OF UNITED STATES ALLIES ON DEVELOP-
MENT OF TACTICAL AND THEATER MISSILE DEFENSES.
(a) FINDINGS.—Congress makes the following findings:
(1) Systems to provide effective defense against theater
and tactical ballistic missiles that may be developed and
deployed by the United States have the potential to make
contributions to the national security interests of nations that
are allies of the United States that would be equal to or
greater than the contributions such systems would make to
the national security interests of the United States.
(2) The cost of developing and deploying a broad spectrum
of such systems will be several tens of billions of dollars.
(3) A truly cooperative multinational approach to the devel-
opment and deployment of such systems could substantially
reduce the financial burden of such an undertaking on any
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H. R. 2401—58
one country and would involve additional sources of techno-
logical expertise.
(4) While leaders of nations that are allies of the United
States have stated an interest in becoming involved, or increas-
ing involvement, in United States tactical missile defense pro-
grams, the governments of those nations are unlikely to support
programs for theater missile defense development and deploy-
ment unless, at a minimum, they can participate in meaningful
ways in the planning and execution of such programs, including
active participation in research and development and produc-
tion of the systems involved.
(5) Given the high cost of developing theater ballistic mis-
sile defense systems, the participation of United States allies
in the efforts to develop tactical missile defenses would result
in substantial savings to the United States.
(b) PLAN AND REPORTS.—(1) The Secretary of Defense shall
develop a plan to coordinate development and implementation of
Theater Missile Defense programs of the United States with theater
missile defense programs of United States allies, with the goal
of avoiding duplication of effort, increasing interoperability, and
reducing costs. The plan shall set forth in detail any financial,
in-kind, or other form of participation by each nation in cooperative
efforts to plan, develop, produce, and deploy theater ballistic missile
defenses for the mutual benefit of the countries involved.
(2) The Secretary shall submit to Congress a report on the
plan developed under paragraph (1). The report shall be submitted
in both classified and unclassified versions, as appropriate, and
may be submitted as a component of the next Theater Missile
Defense Initiative report to Congress.
(3) The Secretary shall include in each annual Theater Missile
Defense Initiative report to Congress a report on actions taken
to implement the plan developed under paragraph (1). Each such
report shall set forth the status of discussions between the United
States and United States allies for the purposes stated in that
paragraph and shall state the status of contributions by those
allies to the Theater Missile Defense Cooperation Account, shown
separately for each allied country covered by the plan.
(c) RESTRICTION ON FUNDS.—Of the total amount appropriated
pursuant to authorizations in this Act for theater ballistic missile
defense programs, not more than 80 percent may be obligated
until—
(1) the report under subsection (b)(2) is submitted to Con-
gress; and
(2) the President certifies in writing to Congress that rep-
resentatives of the United States have formally submitted to
each of the member nations of the North Atlantic Treaty
Organization and to Japan, Israel, and South Korea a proposal
concerning the matters described in the report.
The President may submit with such certification a report of similar
formal contacts with any other country that the President considers
appropriate.
(d) SENSE
OF CONGRESS.—It is the sense of Congress that
whenever the United States deploys theater ballistic missile
defenses to protect another country, or the military forces of another
country, that has not provided financial or in-kind support for
development of theater ballistic missile defenses, the United States
should consider whether it is appropriate to seek reimbursement
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