Pub. L. 111-84, div. A, tit. II, subtit. C, sec. 232
ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE DEFENSE SYSTEM.
SEC. 232. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE DEFENSE SYSTEM.(a) Sense of Congress.—It is the sense of Congress that the Secretary of Defense should ensure the reliability, availability, maintainability, and supportability of the Ground-based Midcourse Defense element of the Ballistic Missile Defense system throughout the service life of such element.(b) Assessment Required.—(1) In general.—As part of the quadrennial defense review, the Nuclear Posture Review, and the Ballistic Missile Defense Review, the Secretary of Defense shall conduct an assessment of the following:(A) Ground-based Midcourse Defense element of the Ballistic Missile Defense system.(B) Future options for the Ground-based Midcourse Defense element.(2) Elements.—The assessment required by paragraph (1) shall include an assessment of the following:(A) The ballistic missile threat against which the Ground-based Midcourse Defense element is intended to defend.(B) The military requirements for Ground-based Midcourse Defense capabilities against such missile threat.(C) The capabilities of the Ground-based Midcourse Defense element as of the date of the assessment.(D) The planned capabilities of the Ground-based Midcourse Defense element, if different from the capabilities under subparagraph (C).(E) The force structure and inventory levels necessary for the Ground-based Midcourse Defense element to achieve the planned capabilities of that element, including an analysis of the costs and the potential advantages and disadvantages of deploying 44 operational Ground-based Interceptor missiles.(F) The infrastructure necessary to achieve such capabilities, including the number and location of operational silos.(G) The number of Ground-based Interceptor missiles necessary for operational assets, test assets (including developmental and operational test assets and aging and surveillance test assets), and spare missiles.(3) Report.—At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required 123 STAT. 2233 by paragraph (1). The report shall be in unclassified form, but may include a classified annex.(c) Plan Required.—(1) In general.—In addition to the assessment required by subsection (b), the Secretary shall establish a plan for the Ground-based Midcourse Defense element of the Ballistic Missile Defense system. The plan shall cover the period of the future-years defense program that is submitted to Congress under section 221 of title 10, United States Code, at or about the same time as the submittal to Congress of the budget of the President for fiscal year 2011.(2) Elements.—The plan required by paragraph (1) shall include the following elements:(A) The schedule for achieving the planned capability of the Ground-based Midcourse Defense element, including the completion of operational silos, the delivery of operational Ground-Based Interceptors, and the deployment of such interceptors in those silos.(B) The plan for funding the development, production, deployment, testing, improvement, and sustainment of the Ground-based Midcourse Defense element.(C) The plan to maintain the operational effectiveness of the Ground-based Midcourse Defense element over the course of its service life, including any modernization or capability enhancement efforts, and any sustainment efforts.(D) The plan for flight testing the Ground-based Midcourse Defense element, including aging and surveillance tests to demonstrate the continuing effectiveness of the system over the course of its service life.(E) The plan for production of Ground-Based Interceptor missiles necessary for operational assets, developmental and operational test assets, aging and surveillance test assets, and spare missiles.(3) Report.—At or about the same time the budget of the President for fiscal year 2011 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Secretary shall submit to the congressional defense committees a report setting forth the plan required by paragraph (1). The report shall be in unclassified form, but may include a classified annex.(d) Construction.—Nothing in this section shall be construed as altering or revising the continued production of all Ground-Based Interceptor missiles on contract as of June 23, 2009.(e) Comptroller General Review.—The Comptroller General of the United States shall—(1) review the assessment required by subsection (b) and the plan required by subsection (c); and(2) not later than 120 days after receiving the assessment and the plan, provide to the congressional defense committees the results of the review.