To provide under section 223 for oversight of procurement, performance criteria, and operational test plans for ballistic missile defense programs.

1. Rewrites section 223

   Replaces

   In S. 1050 · Placed on Calendar Senate

   SEC. 223. OVERSIGHT OF PROCUREMENT[struck: OF ][inserted: , PERFORMANCE CRITERIA, AND OPERATIONAL TEST PLANS FOR ]BALLISTIC MISSILE DEFENSE [struck: SYSTEM ELEMENTS][inserted: PROGRAMS].

   (a) [struck: Oversight Requirements][inserted: Procurement].--[inserted: (1) ]Chapter 9 of title 10, United States Code, is amended by inserting after section 223 the following new section:

   "Sec. 223a. Ballistic missile defense programs: procurement

   "(a) Budget Justification Materials.--[inserted: (1) ]In the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall specify, for each ballistic missile defense system element[struck: for which the Missile Defense Agency in engaged in planning for production and initial fielding], the following information:

   Inserted: "(A) For each ballistic missile defense element for which the Missile Defense Agency in engaged in planning for production and initial fielding, the following information:

   "([struck: 1][inserted: i]) The production rate capabilities of the production facilities planned to be used.

   "([struck: 2][inserted: ii]) The potential date of availability of the element for initial fielding.

   "([struck: 3][inserted: iii]) The expected costs of the initial production and fielding planned for the element.

   "([struck: 4][inserted: iv]) The estimated date on which the administration of the acquisition of the element is to be transferred to the Secretary of a military department.

   Struck: "(b) Future-Years Defense Program.--The future-years defense program submitted to Congress each year under section 221 of this title shall include an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.".

   Struck: (b) Clerical Amendment.--The table of contents at the beginning of such chapter 9 is amended by inserting after the item relating to section 223 the following new item:

   Inserted: "(B) The performance criteria prescribed under subsection (b).

   Inserted: "(C) The plans and schedules established and approved for operational testing under subsection (c).

   Inserted: "(D) The annual assessment of the progress being made toward verifying performance through operational testing, as prepared under subsection (d).

   Inserted: "(2) The information provided under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex as necessary.

   Inserted: "(b) Performance Criteria.--(1) The Director of the Missile Defense Agency shall prescribe measurable performance criteria for all planned development phases (known as "blocks") of each ballistic missile defense system program element. The performance criteria shall be updated as necessary while the program and any follow-on program remain in development.

   Inserted: "(2) The performance criteria prescribed under paragraph (1) for a block of a program for a system shall include, at a minimum, the following:

   Inserted: "(A) One or more criteria that specifically describe, in relation to that block, the types and quantities of threat missiles for which the system is being designed as a defense, including the types and quantities of the countermeasures assumed to be employed for the protection of the threat missiles.

   Inserted: "(B) One or more criteria that specifically describe, in relation to that block, the intended effectiveness of the system against the threat missiles and countermeasures identified for the purposes of subparagraph (A).

   Inserted: "(c) Operational Test Plans.--The Director of Operational Test and Evaluation, in consultation with the Director of the Missile Defense Agency, shall establish and approve for each ballistic missile defense system program element appropriate plans and schedules for operational testing to determine whether the performance criteria prescribed for the program under subsection (b) have been met. The test plans shall include an estimate of when successful performance of the system in accordance with each performance criterion is to be verified by operational testing. The test plans for a program shall be updated as necessary while the program and any follow-on program remain in development.

   Inserted: "(d) Annual Testing Progress Reports.--The Director of Operational Test and Evaluation shall perform an annual assessment of the progress being made toward verifying through operational testing the performance of the system under a missile defense system program as measured by the performance criteria prescribed for the program under subsection (b).

   Inserted: "(e) Future-Years Defense Program.--The future-years defense program submitted to Congress each year under section 221 of this title shall include an estimate of the amount necessary for procurement for each ballistic missile defense system element, together with a discussion of the underlying factors and reasoning justifying the estimate.".

   Inserted: (2) The table of contents at the beginning of such chapter 9 is amended by inserting after the item relating to section 223 the following new item:

   "223a. Ballistic missile defense programs: procurement.".

   Inserted: (b) Exception for First Assessment.--For the first assessment required under subsection (d) of section 223a of title 10, United States Code (as added by subsection (a))--

   Inserted: (1) the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2005 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) need not include such assessment; and

   Inserted: (2) the Director of Operational Test and Evaluation shall submit the assessment to the Committees on Armed Services of the Senate and the House of Representatives not later than July 31, 2004.

   Original wording

   Strike section 223, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed