Pub. L. 106-65, div. A, tit. II, subtit. C, sec. 232
THEATER MISSILE DEFENSE UPPER TIER ACQUISITION STRATEGY.
SEC. 232. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION STRATEGY. (a) Revised Upper Tier Strategy.—The Secretary of Defense shall establish an acquisition strategy for the two upper tier missile defense systems that— (1) retains funding for both of the upper tier systems in separate, independently managed program elements throughout the future-years defense program; (2) bases funding decisions and program schedules for each upper tier system on the performance of each system independent of the performance of the other system; and (3) provides for accelerating the deployment of both of the upper tier systems to the maximum extent practicable. (b) Upper Tier Systems Defined.—For purposes of this section, the upper tier missile defense systems are the following: (1) The Navy Theater Wide system. (2) The Theater High-Altitude Area Defense (THAAD) system.