S.Amdt. 5561
What it does: Adds SEC. 237. CONSULTATION AND REPORTING REQUIREMENTS FOR CANCELLATIONS OF PLANNED MISSILE DEFENSE FLIGHT TESTS at the end of subtitle C of title II
Sen. Bill Nelson (D-FL)What it changes
1 change to S. 3001 · shown in the bill's text
Adds SEC. 237. CONSULTATION AND REPORTING REQUIREMENTS FOR CANCELLATIONS OF PLANNED MISSILE DEFENSE FLIGHT TESTS at the end of subtitle C of title II
Adds a sectionIn S. 3001 · Placed on Calendar Senate
(d) Funding.--Of the amount authorized to be appropriated for fiscal year 2009 by section 201(4) for research, development, test, and evaluation for Defense-wide activities and available for the Missile Defense Agency, $5,000,000 shall be available to carry out the study required under subsection (a).
Inserted: SEC. 237. CONSULTATION AND REPORTING REQUIREMENTS FOR CANCELLATIONS OF PLANNED MISSILE DEFENSE FLIGHT TESTS.
Inserted: (a) Consultation Required Prior to Cancellation.--Prior to determining to cancel any planned missile defense flight test, the Director of the Missile Defense Agency shall consult, at a minimum, with each of the following officials:
Inserted: (1) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
Inserted: (2) The Director of Operational Test and Evaluation.
Inserted: (3) The Commander of the United States Strategic Command, who shall represent the views and requirements of the commanders of the combatant commands in such consultations.
Inserted: (b) Report Required After Consultation.--
Inserted: (1) In general.--If, after meeting the consultation requirements of subsection (a), the Director of the Missile Defense Agency determines to cancel a planned missile defense flight test, the Director shall submit to Congress a notification (in written, unclassified form) of the determination.
Inserted: (2) Elements.--The notification on the cancellation of a planned missile defense flight test under paragraph (1) shall include the following:
Inserted: (A) The specific reasons for the determination to cancel the flight test, and a justification of the determination.
Inserted: (B) The implications and risks for the testing and development program which will result from canceling the flight test.
Inserted: (C) A plan describing how the original objectives of the flight test will still be met, notwithstanding the cancellation.
Inserted: (D) The views and recommendations of the Under Secretary of Defense for Acquisition, Technology, and Logistics; the Director of Operational Test and Evaluation; and the Commander of the United States Strategic Command regarding the cancellation.
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Inserted: (E) Any modifications in the allocation of budget and testing resource as a result of the cancellation of the flight test.
Inserted: (3) Deadline.--The notification on a determination to cancel a planned missile defense flight test shall be submitted under paragraph (1) not later than 7 days after the date on which the Director issues the determination to cancel the test.
Original wording
At the end of subtitle C of title II, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5561. Mr. NELSON of Florida submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 237. CONSULTATION AND REPORTING REQUIREMENTS FOR CANCELLATIONS OF PLANNED MISSILE DEFENSE FLIGHT TESTS.
(a) Consultation Required Prior to Cancellation.--Prior to determining to cancel any planned missile defense flight test, the Director of the Missile Defense Agency shall consult, at a minimum, with each of the following officials:
(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics.
(2) The Director of Operational Test and Evaluation.
(3) The Commander of the United States Strategic Command, who shall represent the views and requirements of the commanders of the combatant commands in such consultations.
(b) Report Required After Consultation.--
(1) In general.--If, after meeting the consultation requirements of subsection (a), the Director of the Missile Defense Agency determines to cancel a planned missile defense flight test, the Director shall submit to Congress a notification (in written, unclassified form) of the determination.
(2) Elements.--The notification on the cancellation of a planned missile defense flight test under paragraph (1) shall include the following:
(A) The specific reasons for the determination to cancel the flight test, and a justification of the determination.
(B) The implications and risks for the testing and development program which will result from canceling the flight test.
(C) A plan describing how the original objectives of the flight test will still be met, notwithstanding the cancellation.
(D) The views and recommendations of the Under Secretary of Defense for Acquisition, Technology, and Logistics; the Director of Operational Test and Evaluation; and the Commander of the United States Strategic Command regarding the cancellation.
(E) Any modifications in the allocation of budget and testing resource as a result of the cancellation of the flight test.
(3) Deadline.--The notification on a determination to cancel a planned missile defense flight test shall be submitted under paragraph (1) not later than 7 days after the date on which the Director issues the determination to cancel the test.
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Senate amendment submitted
September 15, 2008