Page:United States Statutes at Large Volume 111 Part 2.djvu/582

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Ill STAT. 1662 PUBLIC LAW 105-85—NOV. 18, 1997 (3) Space-based sensors. (4) Battle management, command, control, and communications (BM/C3). (c) PLAN FOR NMD SYSTEM DEVELOPMENT AND DEPLOYMENT.— Not later thsin February 15, 1998, the Secretary of Defense shall submit to the congressional defense committees 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 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 deplo5mient 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 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), $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. SEC. 232. BUDGETARY TREATMENT OF AMOUNTS FOR PROCUREMENT FOR BALLISTIC MISSILE DEFENSE PROGRAMS. (a) REQUIREMENT FOR INCLUSION IN BUDGET OF BMDO.— (1) Chapter 9 of title 10, United States Code, is amended by inserting after section 222 the following new section: '*§ 224. Ballistic missile defense programs: display of amounts for procurement "(a) REQUIREMENT. —Any amount in the budget submitted to Congress under section 1105 of title 31 for any fiscal year for procurement for a Department of Defense missile defense program described in subsection (b) shall be set forth under the account of the Department of Defense for Defense-wide procurement and, within that account, under the subaccount (or other budget activity level) for the Ballistic Missile Defense Organization.