Pub. L. 110-181, div. A, tit. II, subtit. C, sec. 226
LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.
SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.(a) General Limitation.—No funds authorized to be appropriated by this Act may be obligated or expended for procurement, site activation, construction, preparation of equipment for, or 122 STAT. 42 deployment of a long-range missile defense system in Europe until the following conditions have been met:(1) The governments of the countries in which major components of such missile defense system (including interceptors and associated radars) are proposed to be deployed have each given final approval to any missile defense agreements negotiated between such governments and the United States Government concerning the proposed deployment of such components in their countries.(2) Forty five days have elapsed following the receipt by Congress of the report required under subsection (c)(6).(b) Additional Limitation.—In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act may be obligated or expended for the acquisition or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to Congress a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner.(c) Report on Independent Assessment for Ballistic Missile Defense in Europe.—(1) Independent assessment.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall select a federally funded research and development center to conduct an independent assessment of options for ballistic missile defense for forward deployed forces of the United States and its allies in Europe and for the United States homeland.(2) Analysis of administration proposal.—The study shall provide a full analysis of the Administration’s proposal to protect forward-deployed forces of the United States and its allies in Europe, forward-deployed radars in Europe, and the United States by deploying, in Europe, interceptors and radars of the Ground-Based Midcourse Defense (GMD) system. In providing the analysis, the study shall examine each of the following matters:(A) The threat to Europe and the United States of ballistic missiles (including short-range, medium-range, intermediate-range, and long-range ballistic missiles) from Iran, including the likelihood and timing of such threats.(B) The technical capabilities of the system, as so deployed, to effectively protect forward-deployed forces of the United States and its allies in Europe, forward-deployed radars in Europe, and the United States against the threat specified in subparagraph (A).(C) The degree of coverage of the European territory of members of the North Atlantic Treaty Organization.(D) The political implications of such a deployment on the United States, the North Atlantic Treaty Organization, and other interested parties.(E) Integration and interoperability with North Atlantic Treaty Organization missile defenses.(F) The operational issues associated with such a deployment, including operational effectiveness.122 STAT. 43(G) The force structure implications of such a deployment, including a comparative analysis of alternative deployment options.(H) The budgetary implications of such a deployment, including possible allied cost sharing, and the cost-effectiveness of such a deployment.(I) Command and control arrangements, including any command and control roles for the United States European Command and the North Atlantic Treaty Organization.(J) Potential opportunities for participation by the Government of Russia.(3) Analysis of alternatives.—The study shall also provide a full analysis of alternative systems that could be deployed to fulfill, in whole or in part, the protective purposes of the Administration’s proposal. The alternative systems shall include a range of feasible combinations of other missile defense systems that are available or are expected to be available as of 2015 and 2020. These should include, but not be limited to, the following:(A) The Patriot PAC–3 system.(B) The Medium Extended Air Defense System.(C) The Aegis Ballistic Missile Defense system, with all variants of the Standard Missile–3 interceptor.(D) The Terminal High Altitude Area Defense (THAAD) system.(E) Forward-Based X-band Transportable (FBX-T) radars.(F) The Kinetic Energy Interceptor (KEI).(G) Other non-United States, North Atlantic Treaty Organization missile defense systems or components.(4) Matters examined.—In providing the analysis, the study shall examine, for each alternative system included, each of the matters specified in paragraph (2).(5) Cooperation of other agencies.—The Secretary of Defense shall provide the federally funded research and development center selected under paragraph (1) data, analyses, briefings, and other information as the center considers necessary to carry out the assessment described in that paragraph. Furthermore, the Director of National Intelligence and the heads of other departments and agencies of the United States Government shall also provide the center the appropriate data, analyses, briefings, and other information necessary for the purpose of carrying out the assessment described in that paragraph.(6) Report.—Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the congressional defense committees and the Secretary of Defense a report on the results of the study. The report shall be in unclassified form, but may include a classified annex.(7) Funding.—Of the amounts appropriated or otherwise made available pursuant to the authorization of appropriations in section 201(4), $1,000,000 is available to carry out the study required by this subsection.(d) Construction.—Nothing in this section shall be construed to limit continuing obligation and expenditure of funds for missile 122 STAT. 44 defense, including for research and development and for other activities not otherwise limited by subsection (a) or (b), including, but not limited to, site surveys, studies, analysis, and planning and design for the proposed missile defense deployment in Europe.