124 STAT. 4169 PUBLIC LAW 111–383—JAN. 7, 2011 to be deployed as part of such missile defense system has dem- onstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner and that such missile defense system has the ability to accomplish the mission. (c) WAIVER.—The Secretary of Defense may waive the limita- tions in subsections (a) and (b) if— (1) the Secretary submits to the congressional defense committees written certification that the waiver is in the urgent national security interests of the United States; and (2) a period of seven days has elapsed following the date on which the certification under paragraph (1) is submitted. (d) CONSTRUCTION.—Nothing in this section shall be construed so as to limit the obligation and expenditure of funds for any missile defense activities not otherwise limited by subsection (a) or (b), including, with respect to the planned deployments of missile defense interceptors on European land as part of the phased, adaptive approach to missile defense in Europe— (1) research, development, test and evaluation; (2) site surveys; (3) studies and analyses; and (4) site planning and design and construction design. (e) CONFORMING REPEAL.—Section 234 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–81; 123 Stat. 2234) is repealed. SEC. 224. MEDIUM EXTENDED AIR DEFENSE SYSTEM. (a) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amounts authorized to be appropriated in this title for fiscal year 2011 for research, development, test, and evaluation, Army, of the amount that corresponds with budget activity five, line 117, in the budget transmitted to Congress by the President for fiscal year 2011, not more than 25 percent may be obligated or expended until the date on which— (1) the Secretary of Defense completes the critical design review and the system program review for the medium extended air defense system program and decides to proceed with the program; and (2) the Secretary submits in writing to the congressional defense committees a report containing the decision referred to in paragraph (1) to proceed with the medium extended air defense system. (b) FURTHER LIMITATIONS.— (1) IN GENERAL.—Of the amounts authorized to be appro- priated in this title for fiscal year 2011 for research, develop- ment, test, and evaluation, Army, of the amount that cor- responds with budget activity five, line 117, in the budget transmitted to Congress by the President for fiscal year 2011, not more than 50 percent may be obligated or expended until a period of 30 days have elapsed following the date on which the Secretary submits to the congressional defense committees a report containing the elements specified in paragraph (2). (2) ELEMENTS OF REPORT.—The elements specified in this paragraph for the report described in paragraph (1) are the following: (A) A detailed description of the decision described in subsection (a)(1) and the explanation for that decision. Time period. Reports. Reports. 10 USC 2431 note. 10 USC 2431 note. Time period. Certification. 10 USC 2431 note.
