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Title of Law:Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Law #:Public Law 110-417
Passed by Congress:110th Congress (2nd Session)

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to and studies for The National Academies. (Pound signs [##] between passages denote the deletion of unrelated text.)

S3001 Levin, C. (D-Mich.) 09/27/08
Enrolled (finally passed both houses)

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.
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TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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SUBTITLE C—MISSILE DEFENSE PROGRAMS

Sec. 231. Annual Director of Operational Test and Evaluation characterization of operational effectiveness, suitability, and survivability of the ballistic missile defense system.

Sec. 232. Independent study of boost-phase missile defense.

Sec. 233. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.

Sec. 234. Review of the ballistic missile defense policy and strategy of the United States.

Sec. 235. Airborne Laser System.

Sec. 236. Activation and deployment of AN/TPY-2 forward-based X-band radar.

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SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE.

(a) Study.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with the National Academy of Sciences to conduct an independent study of concepts and systems for boost-phase missile defense.

(b) Elements.—

(1) CONTENT.—The study required by subsection (a) shall address the following:

(A) The extent to which boost-phase missile defense is technically feasible and practical.

(B) Whether any demonstration efforts by the Department of Defense of boost-phase missile defense technology existing as of the date of the study (including the Airborne Laser and the Kinetic Energy Interceptor) have a high probability of performing a boost-phase missile defense mission in an operationally effective, suitable, and survivable manner.

(2) SYSTEMS TO BE EXAMINED.—The study required by subsection (a) shall examine each of the following systems:

(A) The Airborne Laser.

(B) The Kinetic Energy Interceptor (land-based and sea-based options).

(C) Other existing boost-phase technology demonstration programs.

(3) FACTORS TO BE EVALUATED.—The study shall evaluate each system identified in paragraph (2) based on the following factors:

(A) Technical capability of the system against scenarios identified in paragraph (4).

(B) Operational issues, including operational effectiveness.

(C) The results of key milestone tests conducted prior to preparation of the report under subsection (c).

(D) Survivability.

(E) Suitability.

(F) Concept of operations, including basing considerations.

(G) Operations and maintenance support.

(H) Command and control considerations, including timelines for detection, decision-making, and engagement.

(I) Shortfall from intercepts.

(J) Force structure requirements.

(K) Effectiveness against countermeasures.

(L) Estimated cost of sustaining the system in the field.

(M) Reliability, availability, and maintainability.

(N) Geographic considerations, including limitations on the ability to deploy systems within operational range of potential targets.

(O) Cost and cost-effectiveness, including total lifecycle cost estimates.

(4) SCENARIOS TO BE ASSESSED.—The study shall include an assessment of each system identified in paragraph (2) regarding the performance and operational capabilities of the system—

(A) to counter short-range, medium-range, and intermediate-range ballistic missile threats from rogue states to the deployed forces of the United States and its allies; and

(B) to defend the territory of the United States against limited ballistic missile attack.

(5) COMPARISON WITH NON-BOOST SYSTEMS.—The study shall include an assessment of the performance and operational capabilities of non-boost missile defense systems to counter the scenarios identified in paragraph (4). The results under this paragraph shall be compared to the results under paragraph (4). For purposes of this paragraph, non-boost missile defense systems include—

(A) the Patriot PAC-3 system and the Medium Extended Air Defense System follow-on system;

(B) the Aegis Ballistic Missile Defense system, with all variants of the Standard Missile-3 interceptor;

(C) the Terminal High Altitude Area Defense system; and

(D) the Ground-based Midcourse Defense system.

(c) Report.—

(1) IN GENERAL.—Upon the completion of the study required by subsection (a), but not later than October 31, 2010, the National Academy of Sciences shall submit to the Secretary of Defense and the congressional defense committees a report on the study. The report shall include such recommendations regarding the future direction of the boost-phase ballistic missile defense programs of the United States as the Academy considers appropriate.

(2) FORM.—The report under paragraph (1) shall be submitted to the congressional defense committees in unclassified form, but may include a classified annex.

(d) Funding.—Of the funds appropriated pursuant to the authorization of appropriations in section 201(4) for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $3,500,000 may be available to conduct the study required by subsection (a).

(e) Cooperation From Government.—In carrying out the study, the National Academy of Sciences shall receive the full and timely cooperation of the Secretary of Defense and any other Federal Government official in providing the Academy with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.

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