H. R. 2401—47
(e) REPORT ON ALLOCATION OF FUNDS.—Not later than 60 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on
the allocation of funds appropriated for the ballistic missile defense
program for fiscal year 1994. The report—
(1) shall specify the amount of such funds allocated for
each program, project, and activity managed by the Ballistic
Missile Defense Organization; and
(2) shall list each ballistic missile defense program, project,
and activity under the appropriate program element.
SEC. 232. REVISIONS TO MISSILE DEFENSE ACT OF 1991.
The Missile Defense Act of 1991 (part C of title II of Public
Law 102–190; 10 U.S.C. 2431 note) is amended as follows:
(1) Section 232(a) is amended—
(A) in paragraph (1), by striking out ‘‘while deploying’’
and inserting in lieu thereof ‘‘while developing, and
maintaining the option to deploy,’’; and
(B) in paragraph (3), by inserting ‘‘, as appropriate,’’
before ‘‘to friends and allies of the United States’’.
(2) Section 232(b) is amended—
(A) in paragraph (1), by striking out ‘‘the Soviet Union’’
and inserting in lieu thereof ‘‘other nuclear weapons
states’’; and
(B) in paragraph (2)—
(i) by striking out ‘‘the Soviet Union’’ and inserting
in lieu thereof ‘‘Russia’’; and
(ii) by striking out ‘‘Treaty, to include the down-
loading of multiple warhead ballistic missiles’’ and
inserting in lieu thereof ‘‘Treaties, to include the down-
loading of multiple warhead ballistic missiles, as appro-
priate’’.
(3) Section 233(b) is amended—
(A) in paragraph (1), by inserting ‘‘in compliance with
the ABM Treaty, including any protocol or amendment
thereto’’ after ‘‘for deployment’’;
(B) in paragraph (2), by striking out ‘‘develop for
deployment’’ and inserting in lieu thereof ‘‘conduct a
research and development program to develop and main-
tain the option to deploy’’; and
(C) by striking out paragraph (3).
(4) Subsection (c) of section 233 is amended to read as
follows:
‘‘(c) PRESIDENTIAL ACTIONS.—Congress urges the President to
pursue immediate discussions with Russia and other successor
states of the former Soviet Union, as appropriate, on the feasibility
of, and mutual interest in, amendments to the ABM Treaty to
permit—
‘‘(1) clarification of the distinctions for the purposes of
the ABM Treaty between theater missile defenses and anti-
ballistic missile defenses, including interceptors, radars, and
other sensors; and
‘‘(2) increased use of space-based sensors for direct battle
management.’’.
(5) Section 235 is amended—
13:24 Nov 18, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00047
Fmt 6655
Sfmt 6501
E:\BILLS\H2401.ENR
bend06
H. R. 2401—48
(A) in the section heading, by striking out ‘‘STRATEGIC
DEFENSE INITIATIVE’’ and inserting in lieu thereof ‘‘BALLIS-
TIC MISSILE DEFENSE PROGRAM’’;
(B) in subsection (a)—
(i) by striking out ‘‘Strategic Defense Initiative’’
and inserting in lieu thereof ‘‘Ballistic Missile Defense
program’’; and
(ii) by striking out paragraphs (2) and (3) and
redesignating paragraph (4) as paragraph (2); and
(C) in subsection (b), by striking out ‘‘Strategic Defense
Initiative’’ and inserting in lieu thereof ‘‘Ballistic Missile
Defense program’’.
(6) Section 236 is amended—
(A) in the section heading, by striking out ‘‘SDI’’ and
inserting in lieu thereof ‘‘BMD’’;
(B) by striking out subsections (b) and (c); and
(C) by redesignating subsection (d) as subsection (b)
and in paragraph (1) of that subsection by striking out
‘‘within the’’ and all that follows in that paragraph and
inserting in lieu thereof ‘‘within the Limited Defense Sys-
tem program element.’’.
(7) Section 238 is amended by striking out ‘‘As deployment’’
and all that follows through ‘‘deployment date,’’ and inserting
in lieu thereof ‘‘Once development testing of components for
a Limited Defense System has begun,’’.
SEC. 233. PATRIOT 
ADVANCED 
CAPABILITY–3 
THEATER 
MISSILE
DEFENSE SYSTEM.
(a) COMPETITION FOR MISSILE SELECTION.—The Secretary of
Defense shall continue the strategy being carried out by the Ballistic
Missile Defense Organization as of October 1, 1993, for selection
of the best technology (in terms of cost, schedule, risk, and perform-
ance) to meet the missile requirements for the Patriot Advanced
Capability–3 (PAC–3) theater missile defense system. That strategy,
consisting of flight testing, ground testing, simulations, and other
analyses of the weapon systems referred to in subsection (d), shall
be continued until the Secretary determines that the Ballistic Mis-
sile Defense Organization has adequate information upon which
to base a decision as to which missile will be selected to proceed
into the Engineering and Manufacturing Development stage.
(b) IMPLICATIONS OF DELAY.—If there is a delay (based upon
the schedule in effect in October 1993) in the selection described
in subsection (a) of the missile for the Patriot Advanced Capability–
3 system, the Secretary of Defense shall ensure that demonstration
and validation of both competing systems can continue as needed
to support an informed decision for such selection.
(c) FUNDING FOR CERTAIN BALLISTIC MISSILE RDT&E.—If a
decision is not made before February 28, 1994, to proceed into
the Engineering and Manufacturing Development stage under a
weapon system program referred to in subsection (d), the funds
appropriated pursuant to the authorization of appropriations in
section 201 that are available for engineering and manufacturing
development for such a program shall be available for research,
development, test, and evaluation of the Patriot PAC–3 Missile
program.
13:24 Nov 18, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00048
Fmt 6655
Sfmt 6501
E:\BILLS\H2401.ENR
bend06
H. R. 2401—49
(d) COVERED WEAPON SYSTEM PROGRAMS.—For purposes of sub-
sections (a) and (c), the weapon system programs referred to in
this subsection are as follows:
(1) The Patriot Multimode Missile Program.
(2) The Extended Range Interceptor (ERINT) missile
program.
SEC. 234. COMPLIANCE OF BALLISTIC MISSILE DEFENSE SYSTEMS
AND COMPONENTS WITH ABM TREATY.
(a) FINDINGS.—Congress makes the following findings:
(1) Section 232(a)(1) of the Missile Defense Act of 1991
(10 U.S.C. 2431 note) establishes a goal for the United States
to comply with the ABM Treaty (including any protocol or
amendment thereto) and not develop, test, or deploy any ballis-
tic missile defense system, or component thereof, in violation
of that treaty (as modified by any protocol or amendment
thereto) while deploying an anti-ballistic missile system capable
of providing a highly effective defense of the United States
against limited attacks of ballistic missiles.
(2) The Department of Defense has conducted no formal
compliance review of any of the components or systems sched-
uled for early deployment as part of either the Theater Missile
Defense Initiative or the initial limited defense system to be
located at Grand Forks, North Dakota.
(3) The Department of Defense is continuing to obligate
hundreds of millions of dollars for the development and testing
of systems or components of ballistic missile defense systems
before a determination has been made that, if successfully
developed, tested, or deployed, those systems and components
would be in compliance with the ABM Treaty.
(4) The President requested the authorization and appro-
priation of additional funds for continued development of such
systems and components during fiscal year 1994.
(5) The United States and its allies face existing and
expanding threats from ballistic missiles capable of being used
as theater weapon systems that are presently possessed by,
being developed by, or being acquired by a number of countries,
including Iraq, Iran, and North Korea.
(6) Some theater ballistic missiles presently deployed or
being developed (such as the Chinese-made CSS–2) have
capabilities equal to or greater than the capabilities of missiles
which were determined to be strategic missiles more than 20
years ago under the SALT I Interim Agreement of 1972 entered
into between the United States and the Soviet Union.
(7) 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 compo-
nents 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.
(8) It is a national security priority of the United States
to develop and deploy highly effective theater missile defense
systems capable of countering the existing and expanding
threats posed by modern theater ballistic missiles as soon as
is technically possible.
13:24 Nov 18, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00049
Fmt 6655
Sfmt 6501
E:\BILLS\H2401.ENR
bend06
H. R. 2401—50
(9) It is essential that the Secretary of Defense immediately
undertake and complete a review for compliance with the ABM
Treaty of proposed theater missile defense systems, system
upgrades, and system components so as to not delay the devel-
opment and deployment of such highly effective theater missile
defense systems.
(b) REQUIRED
COMPLIANCE
REVIEW.—(1) The Secretary of
Defense shall review the current baseline configuration of each
system or system upgrade specified in paragraph (2), and the system
components, to determine whether the development, testing, or
deployment of that system or system upgrade would be in compli-
ance with the ABM Treaty, including the interpretation of the
Treaty set forth in the enclosure to the July 13, 1993, ACDA
letter.
(2) The systems and system upgrades to be reviewed pursuant
to paragraph (1) are the following:
(A) The Patriot Multimode Missile.
(B) The Extended Range Interceptor (ERINT).
(C) The Ground-Based Radar for theater missile defenses
(GBR–T).
(D) The Theater High Altitude Area Defense interceptor
missile (THAAD).
(E) The Brilliant Eyes space-based sensor system.
(F) Upgrades to the AEGIS/SPY radar system of the Navy.
(G) Upgrades to the Standard Missile–2 (SM–2) interceptor
of the Navy.
(3) If during the course of the compliance review under para-
graph (1) (or any other such compliance review of a ballistic missile
system or system upgrade), an issue arises that appears to indicate
that a provision of the ABM Treaty may limit research, develop-
ment, testing, or deployment by the United States of highly effective
theater missile defense systems capable of countering modern thea-
ter ballistic missiles, the Secretary of Defense shall immediately
submit to the appropriate congressional committees a report on
that issue.
(c) REPORT.—(1) For each system and system upgrade specified
in paragraph (2) of subsection (b), the Secretary shall submit to
the appropriate congressional committees a report on the results
of the review required by that subsection. A report may include
the results of the reviews of more than one system and system
upgrade. For any system or system upgrade determined not to
be in compliance with the ABM Treaty, the Secretary shall indicate
(A) what changes to the ABM Treaty would be required for the
system to be deemed compliant with such modified ABM Treaty,
and (B) what changes to the performance capability of the system
or system upgrade would be required in order for it to become
compliant with the existing Treaty, together with the effect of
those performance capability changes on the effectiveness of the
planned missile defense architecture.
(2) With regard to the Brilliant Eyes space-based sensor system,
the Secretary shall include in the report findings on each of the
following issues:
(A) Whether the current baseline configuration of the Bril-
liant Eyes space-based sensor system would comply with the
ABM Treaty if the system were used in conjunction with the
planned ground-based radar system and its ground-based inter-
ceptors at Grand Forks, North Dakota.
13:24 Nov 18, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00050
Fmt 6655
Sfmt 6501
E:\BILLS\H2401.ENR
bend06