• Forum
• SITREP
• Military
• WMD
• Intelligence
• Homeland Security

• Space

• Introduction
• Systems
• Facilities
• Agencies
• Countries
• Hot Documents
• News
• Reports
• Policy
• Budget
• Congress
• Links

• Public Eye

S. 1745
NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 1997
(Senate - June 18, 1996)

[Page: S6314]

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. SPACE LAUNCH MODERNIZATION.
(a) Funding: Funds appropriated pursuant to the authorization of appropriations in section 201(3) are authorized to be made available for space launch modernization for purposes and in amounts as follows:

(1) For the Evolved Expendable Launch Vehicle program, $44,457,000.

(2) For a competitive reusable launch vehicle technology program, $25,000,000.
(b) Limitations: (1) Of the funds made available for the reusable launch vehicle technology program pursuant to subsection (a)(2), the total amount obligated for such purpose may not exceed the total amount allocated in the fiscal year 1997 current operating plan of the National Aeronautics and Space Administration for the Reusable Space Launch program of the National Aeronautics and Space Administration.
(2) None of the funds made available for the Evolved Expendable Launch Vehicle program pursuant to subsection (a)(1) may be obligated until the Secretary of Defense certifies to Congress that the Secretary has made available for obligation the funds, if any, that are made available for the reusable launch vehicle technology program pursuant to subsection (a)(2).

SEC. 212. DEPARTMENT OF DEFENSE SPACE ARCHITECT.
(a) Required Program Element: The Secretary of Defense shall include the kinetic energy tactical anti-satellite program of the Department of Defense as an element of the space control architecture being developed by the Department of Defense Space Architect.
(b) Limitation on Use of Funds: None of the funds authorized to be appropriated pursuant to this Act, or otherwise made available to the Department of Defense for fiscal year 1997, may be obligated or expended for the Department of Defense Space Architect until the Secretary of Defense certifies to Congress that--

(1) the Secretary is complying with the requirement in subsection (a);

(2) funds appropriated for the kinetic energy tactical anti-satellite program for fiscal year 1996 have been obligated in accordance with section 218 of Public Law 104-106 and the Joint Explanatory Statement of the Committee of Conference accompanying S. 1124 (House Report 104-450 (104th Congress, second session)); and

(3) the Secretary has made available for obligation the funds appropriated for the kinetic energy tactical anti-satellite program for fiscal year 1997 in accordance with this Act.

SEC. 213. SPACE-BASED INFRARED SYSTEM PROGRAM.
(a) Funding: Funds appropriated pursuant to the authorization of appropriations in section 201(3) are authorized to be made available for the Space-Based Infrared System program for purposes and in amounts as follows:

(1) For Space Segment High, $192,390,000.

(2) For Space Segment Low (the Space and Missile Tracking System), $247,221,000.

(3) For Cobra Brass, $6,930,000.
(b) Conditional Transfer of Management Oversight: Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall transfer the management oversight responsibilities for the Space and Missile Tracking System from the Secretary of the Air Force to the Director of the Ballistic Missile Defense Organization.
(c) Certification: If, within the 30-day period described in subsection (b), the Secretary of Defense submits to Congress a certification that the Secretary has established a program baseline for the Space-Based Infrared System that satisfies the requirements of section 216(a) of Public Law 104-106 (110 Stat. 220), then subsection (b) of this section shall cease to be effective on the date on which the Secretary submits the certification.

[Page: S6320]

SEC. 215. CLEMENTINE 2 MICRO-SATELLITE DEVELOPMENT PROGRAM.
(a) Amount for Program: Of the amount authorized to be appropriated under section 201(3), $50,000,000 shall be available for the Clementine 2 micro-satellite near-Earth asteroid interception mission.
(b) Limitation: None of the funds authorized to be appropriated pursuant to this Act for the global positioning system (GPS) Block II F Satellite system may be obligated until the Secretary of Defense certifies to Congress that--

(1) funds appropriated for fiscal year 1996 for the Clementine 2 Micro-Satellite development program have been obligated in accordance with Public Law 104-106 and the Joint Explanatory Statement of the Committee of Conference accompanying S. 1124 (House Report 104-450 (104th Congress, second session)); and

(2) the Secretary has made available for obligation the funds appropriated for fiscal year 1997 for the Clementine 2 micro-satellite development program in accordance with this section.

SEC. 221. COUNTERPROLIFERATION SUPPORT PROGRAM.
(a) Funding: Of the funds authorized to be appropriated to the Department of Defense under section 201(4), $176,200,000 shall be available for the Counterproliferation Support Program, of which $75,000,000 shall be available for a tactical antisatellite technologies program.
(b) Additional Authority To Transfer Authorizations: (1) In addition to the transfer authority provided in section 1001, upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 1997 to counterproliferation programs, projects, and activities identified as areas for progress by the Counterproliferation Program Review Committee established by section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2) The total amount of authorizations transferred under the authority of this subsection may not exceed $50,000,000.
(3) The authority provided by this subsection to transfer authorizations--

(A) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(B) may not be used to provide authority for an item that has been denied authorization by Congress.
(4) A transfer made from one account to another under the authority of this subsection shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(5) The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this subsection.
(c) Limitation on Use of Funds for Technical Studies and Analyses Pending Release of Funds: (1) None of the funds authorized to be appropriated to the Department of Defense for fiscal year 1997 for program element 605104D, relating to technical studies and analyses, may be obligated or expended until the funds referred to in paragraph (2) have been released to the program manager of the tactical anti-satellite technology program for implementation of that program.
(2) The funds for release referred to in paragraph (1) are as follows:

(A) Funds authorized to be appropriated by section 218(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 222) that are available for the program referred to in paragraph (1).

(B) Funds authorized to be appropriated to the Department for fiscal year 1997 by this Act for the Counterproliferation Support Program that are to be made available for that program.

[Page: S6321]

Subtitle C--Ballistic Missile Defense

SEC. 231. UNITED STATES COMPLIANCE POLICY REGARDING DEVELOPMENT, TESTING, AND DEPLOYMENT OF THEATER MISSILE DEFENSE SYSTEMS.
(a) Findings: Congress makes the following findings:

(1) Pursuant to article VI(a) of the ABM Treaty, the United States is bound by the following obligations:

(A) Not to give missiles, launchers, or radars (other than antiballistic missile interceptor missiles, launchers, or radars) capabilities to counter strategic ballistic missiles or elements of strategic ballistic missiles in the flight trajectory.

(B) Not to test missiles, launchers, or radars (other than antiballistic missile interceptor missiles, launchers, or radars) in an antiballistic missile mode.

(2) It is a sovereign right and obligation of the parties to the ABM Treaty, on a unilateral basis, to establish compliance standards to implement the obligations specified in article VI(a) of the ABM Treaty.

(3) From October 3, 1972 (the date on which the ABM Treaty entered into force) to the present, the United States has maintained unilateral compliance standards with regard to the obligations specified in Article VI(a) of the ABM Treaty, and those standards have changed over time to accommodate evolving technical, political, and strategic circumstances.

(4) Pursuant to article XIII of the ABM Treaty, the parties established the Standing Consultative Commission in which to `consider questions concerning compliance with the obligations assumed and related situations which may be considered'.
(b) Compliance Policy: It is the policy of the United States that 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 (c)), 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.
(c) 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. 232. PROHIBITION ON USE OF FUNDS TO IMPLEMENT AN INTERNATIONAL AGREEMENT CONCERNING THEATER MISSILE DEFENSE SYSTEMS.
(a) Prohibition on Funding: Funds appropriated or otherwise made available to the Department of Defense for fiscal year 1997 may not be obligated or expended to implement any 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 defense systems for purposes of the ABM Treaty; or

(2) would restrict the performance, operations, or deployment of United States theater missile defense systems.
(b) Exceptions: Subsection (a) does not apply--

(1) to the extent otherwise provided in a law that is enacted after the date of the enactment of this Act; or

(2) to expenditures to implement any agreement or understanding described in subsection (a) that is entered into in the exercise of the treaty-making power under the Constitution.

SEC. 233. CONVERSION OF ABM TREATY TO MULTILATERAL TREATY.
(a) Fiscal Year 1997: During fiscal year 1997, the United States shall not be bound by any international agreement entered into by the President that would substantively modify the ABM Treaty, including any agreement that would add one or more countries as signatories to the treaty or would otherwise convert the treaty from a bilateral treaty to a multilateral treaty, unless the agreement is entered pursuant to the treaty making power of the President under the Constitution.
(b) Relationship to Other Law: This section shall not be construed as superseding section 232 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2701) for any fiscal year other than fiscal year 1997, including any fiscal year after fiscal year 1997.

SEC. 234. FUNDING FOR UPPER TIER THEATER MISSILE DEFENSE SYSTEMS.
(a) Funding: Funds authorized to be appropriated under section 201(4) shall be available for purposes and in amounts as follows:

(1) For the Theater High Altitude Area Defense (THAAD) System, $621,798,000.

(2) For the Navy Upper Tier (Theater Wide) system, $304,171,000.
(b) Limitation: None of the funds appropriated or otherwise made available for the Department of Defense pursuant to this or any other Act may be obligated or expended by the Office of the Under Secretary of Defense for Acquisition and Technology for official representation activities, or related activities, until the Secretary of Defense certifies to Congress that--

(1) the Secretary has made available for obligation the funds provided under subsection (a) for the purposes specified in that subsection and in the amounts appropriated pursuant to that subsection; and

(2) the Secretary has included the Navy Upper Tier theater missile defense system in the theater missile defense core program.

SEC. 235. ELIMINATION OF REQUIREMENTS FOR CERTAIN ITEMS TO BE INCLUDED IN THE ANNUAL REPORT ON THE BALLISTIC MISSILE DEFENSE PROGRAM.
Section 224(b) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (10 U.S.C. 2431 note), is amended--

(1) by striking out paragraphs (3), (4), (7), (9), and (10); and

(2) by redesignating paragraphs (5), (6), and (8), as paragraphs (3), (4), and (5), respectively.

SEC. 236. ABM TREATY DEFINED.
In 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, signed in Moscow on May 26, 1972, with related protocol, signed in Moscow on July 3, 1974.

SEC. 1043. EXTENSION OF COUNTER-PROLIFERATION AUTHORITIES.
Section 1505 of the Weapons of Mass Destruction Control Act of 1992 (title XV of Public Law 104-484; 22 U.S.C. 5859a) is amended--

(1) in subsection (d)(3)--

(A) by striking out `fiscal year 1995, or' and inserting in lieu thereof `fiscal year 1995,'; and

(B) by inserting before the period at the end the following: `, $15,000,000 for fiscal year 1997, or $15,000,000 for fiscal year 1998'; and

(2) in subsection (f), by striking out `fiscal year 1996' and inserting in lieu thereof `fiscal year 1998'.

SEC. 1062. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Funding Limitation: Funds available to the Department of Defense may not be obligated or expended during fiscal year 1997 for retiring or dismantling, or for preparing to retire or dismantle, any of the following strategic nuclear delivery systems:

(1) B-52H bomber aircraft.

(2) Trident ballistic missile submarines.

(3) Minuteman III intercontinental ballistic missiles.

(4) Peacekeeper intercontinental ballistic missiles.
(b) Waiver Authority: If the START II Treaty enters into force during fiscal year 1997, the Secretary of Defense may waive the application of the limitation under paragraphs (2), (3), and (4) of subsection (a) to Trident ballistic missile submarines, Minuteman III intercontinental ballistic missiles, and Peacekeeper intercontinental ballistic missiles, respectively, to the extent that the Secretary determines necessary in order to implement the treaty.
(c) START II Treaty Defined: In this section, the term `START II Treaty' means the Treaty Between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms, signed at Moscow on January 3, 1993, including the following protocols and memorandum of understanding, all such documents being integral parts of and collectively referred to as the `START II Treaty' (contained in Treaty Document 103-1):

(1) The Protocol on Procedures Governing Elimination of Heavy ICBMs and on Procedures Governing Conversion of Silo Launchers of Heavy ICBMs Relating to the Treaty Between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (also known as the `Elimination and Conversion Protocol').

(2) The Protocol on Exhibitions and Inspections of Heavy Bombers Relating to the Treaty Between the United States and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (also known as the `Exhibitions and Inspections Protocol').

(3) The Memorandum of Understanding on Warhead Attribution and Heavy Bomber Data Relating to the Treaty Between the United States of America and the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms (also known as the `Memorandum on Attribution').