Page:United States Statutes at Large Volume 105 Part 2.djvu/375

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1327 President. Israel. (A) the United States and the government of Israel enter into Israel. a Memorandum of Understanding governing the conduct and funding of such an effort; (B) the Secretary of Defense certifies to the congressional defense committees that the Arrow missile has successfully completed the current four-test proof-of-principle flight test program; and (C) the President has certified to Congress— (i) with respect to any waiver of activities sanctionable under the laws described in paragraph (4) granted on or before the date of the enactment of this Act to any firm involved in the Arrow program at the time of such certification, that such activities have been terminated and the government of the nation in which such firm is located has given assurances to the United States that such activities by such firm will not be repeated; and (ii) that the government of Israel has undertaken to adopt export controls pursuant to the Guidelines alnd Annex of the Missile Technology Control Regime (MTCBi). (4) The laws referred to in paragraph (3)(C)(i) are section 73(a)(l) of the Arms Export Control Act, section llBCbXD of the Export Administration Act of 1979, and sections 1702 and 1703 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510). SEC. 242. DEVELOPMENT AND TESTING OF ANTI-BALLISTIC MISSILE SYS- TEMS OR COMPONENTS. (a) USE OF FUNDS.— (1) LIMITATION. — Funds appropriated to the Department of Defense for fiscal year 1992, or otherwise made available to the Department of Defense from any funds appropriated for fiscal year 1992 or for any fiscal year before 1992, 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 May 1991 SDIO Report; or (B) for the acquisition of any material or equipment (including any long lead materials, components, piece parts, test equipment, or any modified space launch vehicle) required or to be used for the development or testing of antiballistic missile systems or components, except for material or equipment required for development or testing consistent with the development and testing described in the May 1991 SDIO Report. (2) EXCEPTION.—The limitation under paragraph (1) shall not apply to funds transferred to or for the use of the Strategic Defense Initiative for fiscal year 1992 if the transfer is made in accordance with section 1001 of this Act. (b) DEFINITION.— In this section, the term "May 1991 SDIO Report" means the report entitled, "1991 Report to Congress on the Strategic Defense Initiative," dated May 16, 1991, prepared by the Strategic Defense Initiative Organization and submitted to certain committees of the Senate and House of Representatives by the Secretary of Defense pursuant to section 224 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101- 189; 103 Stat. 1398; 10 U.S.C. 2431).

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