Page:United States Statutes at Large Volume 101 Part 2.djvu/70

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1056

PUBLIC LAW 100-180—DEC. 4, 1987

(e) TRANSITION.—The prohibition in subsection (a) shall not apply to a contract entered into before the date of the enactment of this Act. 10 USC 2431 note.

SEC. 223. LIMITATION ON TRANSFER OF SDI TECHNOLOGY TO SOVIET UNION

Military technology developed with funds appropriated or otherwise made available for the Strategic Defense Initiative may not be transferred, or made available for transfer, to the Soviet Union by the United States (or with the consent of the United States) unless— President of U.S. (1) the President determines, and certifies to Congress, that the transfer is in the national interest of the United States and

j,_:^,. is to be made for the purpose of maintaining peace; and

(2) Congress approves that determination by a joint resolution. 10 USC 2431

SEC. 224. SDI ARCHITECTURE TO REQUIRE HUM4N DECISION MAKING

No ^ e n c y of the Federal Government may plan for, fund, or otherwise support the development of command and control systems for strategic defense in the boost or post-boost phase against ballistic missile threats that would permit such strategic defenses to initiate the directing of damaging or lethal fire except by affirmative human decision at an appropriate level of authority. hu

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SEC. 225. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYSTEMS OR COMPONENTS

(a) USE OF FUNDS.—(1) Funds appropriated to the Department of Defense for fiscal year 1988, or otherwise made available to the Department of Defense from any funds appropriated for fiscal year 1988 or for any fiscal year before fiscal year 1988, shall be subject to the limitations prescribed in paragraph (2). (2) The funds described in paragraph (1) may not be obligated or expended— (A) for any development or testing of anti-ballistic missile systems or components except for development and testing consistent with the development and testing described in the April 1987 SDIO Report; or (B) for the acquisition of any material or equipment (including any long lead materials, components, piece parts, test equip€M ment, or any modified space launch vehicle) required or to be used for the development or testing of anti-ballistic missile jii systems or components, except for material or equipment required for development or testing consistent with the development and testing described in the April 1987 SDIO Report. (3) The limitation under paragraph (2) shall not apply to funds transferred to or for the use of the Strategic Defense Initiative for fiscal year 1988 if the transfer is made in accordance with section 1201 of this Act and any comparable provision in legislation appropriating funds for military functions of the Department of Defense for fiscal year 1988. (b) DEFINITION.—As used in this section, the term "April 1987 SDIO Report" means the report entitled "Report to Congress on the S t r a t ^ c Defense Initiative", dated April 1987, prepared by the S t r a t ^ c Defense Initiative Organization and submitted to certain committees of the Senate and House of Representatives pursuant to section 1102 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 10 U.S.C. 2431 note)