12 2 STA T .439 3 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8SEC.23 3. LIM I TA TI ON ONA V AILA B ILIT Y O F F U N D SFO RP ROCURE - MENT , CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN EUROPE. (a)GEN E RALLIM I T ATI O N .—Nofunds au th o rize dto b ea p pro - priated b y this Ac t or other w ise m ade a v ai l able for the D epartment of Defense for fiscal year 20 0 9 or any fiscal year thereafter may be obli g ated or e x pended for procurement , site activation, construc- tion, preparation of e q uipment for, or deployment of a long-range missile defense system in E urope until the following conditions have been met
( 1 ) I n the case of the proposed midcourse radar element of such missile defense system, the host nation has signed and ratified the missile defense basing agreement and status of forces agreement that allow for the stationing in such nation of the radar and personnel to carry out the proposed deploy- ment. (2) In the case of the proposed long-range missile defense interceptor site element of such missile defense system— (A) the condition in paragraph (1) has been met
and ( B ) the host nation has signed and ratified the missile defense basing agreement and status of forces agreement that allow for the stationing in such nation of the inter- ceptor site and personnel to carry out the proposed deploy- ment. ( 3 ) In the case of either element of such missile defense system described in paragraph (1) or (2), 45 days have elapsed following the receipt by the congressional defense committees of the report required by section 22 6 (c)(6) of the National Defense Authorization Act for F iscal Y ear 200 8 ( P ublic Law 110 – 181; 122 S tat. 42). (b) A D DITIONAL LIMITATION.—In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2009 may be obligated or expended for the acquisition (other than initial long-lead procurement) or deployment of oper- ational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of O perational T est and Evaluation, submits to the congres- sional defense committees 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 wor k ing in an operationally effective manner and the ability to accomplish the mission. (c) C ON S TR UC TION.—Nothing in this section shall be construed to limit continuing obligation and expenditure of funds for missile defense, including for research and development and for other activi- ties 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. SEC. 23 4 . REVIE W OFT H E BALLISTIC MISSILE DEFENSE POLICY AND STRATE G Y OF THE UNITED STATES. (a) R E V IE W RE Q UIRED.—The Secretary of Defense shall conduct a review of the ballistic missile defense policy and strategy of the U nited States. (b) ELEMENTS.—The matters addressed by the review required by subsection (a) shall include the following: Reports.C ert if i ca tio n . 10US C 243 1 note.
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