[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1387 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1387

 To authorize additional appropriations for the Department of Defense 
   for ballistic missile defenses and other measures to counter the 
emerging threat posed to the United States and its allies in the Middle 
   East and Persian Gulf region by the development and deployment of 
                      ballistic missiles by Iran.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 1997

Mr. Kyl (for himself and Mrs. Hutchison) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To authorize additional appropriations for the Department of Defense 
   for ballistic missile defenses and other measures to counter the 
emerging threat posed to the United States and its allies in the Middle 
   East and Persian Gulf region by the development and deployment of 
                      ballistic missiles by Iran.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; SUPPLEMENTAL AUTHORIZATIONS.

    (a) Short Title.--This Act may be cited as the ``Iran Missile 
Protection Act of 1997''.
    (b) Authorizations of Supplemental Appropriations.--All amounts 
authorized to be appropriated by this Act are authorizations of 
supplemental appropriations for the Department of Defense for fiscal 
year 1998.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States has vital interests in the Middle 
        East and Persian Gulf region.
            (2) The United States maintains a force of approximately 
        25,000 military personnel in the Middle East and Persian Gulf 
        region.
            (3) The United States has many allies and friends in the 
        Middle East and Persian Gulf region.
            (4) The policies of the current regime in Iran, including 
        the export of terrorism and the pursuit of regional military 
        hegemony, are inimical to the interests of the United States 
        and its allies and friends.
            (5) Iran has been aggressively pursuing ballistic missile 
        technology. According to a statement by the Vice President in 
        August 1997, ``It is obvious that there is a vigorous effort by 
        Iran to obtain the technologies that it needs to build a 
        ballistic missile and to build nuclear weapons.''
            (6) The President, in Executive Order 12938, issued on 
        November 14, 1994 and reaffirmed in November 1995 and November 
        1996, declared a state of emergency, finding that ``the 
        proliferation of nuclear, biological, and chemical weapons and 
        of the means of delivering such weapons, constitutes an unusual 
        and extraordinary threat to the national security, foreign 
        policy, and economy of the United States . . .''
            (7) Iran may achieve theater ballistic missile capabilities 
        capable of striking United States forces, allies, and friends 
        in the Middle East and Persian Gulf regions within one to two 
        years. Department of Defense officials report that Iran is 
        acquiring missile systems and technology from abroad and is 
        developing two ballistic missile systems. The Assistant 
        Secretary of State for Near Eastern Affairs recently testified 
        that Iran could complete development of its Shahab-3 missile in 
        12 to 18 months. This threat will grow over time as Iranian 
        missile production capability matures and missile ranges 
        increase.
            (8) The United States intelligence community confirms that 
        Iran is achieving the capability described in paragraph (7) 
        with substantial assistance from other nations, including 
        Russia. The Director of Central Intelligence reported that 
        ``Russia supplied a variety of ballistic missile-related goods 
        to foreign countries [in late 1996] . . . especially Iran.''
            (9) Currently deployed missile defenses have been designed 
        to meet shorter range, slower missile threats and are not 
        adequate to meet the threat posed by new Iranian ballistic 
        missiles under development. The United States and its allies 
        will be vulnerable to Iranian missiles after they become 
        operational and until improved United States and allied missile 
        defenses are deployed.
            (10) Current theater missile defense plans of the 
        Department of Defense are inadequate to meet the state of 
        emergency declared by the President. The Patriot Advanced 
        Capability (PAC-3) and Navy Area Defense missile defense 
        systems have limited capability against longer-range ballistic 
        missiles. The more capable Theater High-Altitude Area Defense 
        (THAAD) system and Navy Theater-Wide system are not scheduled 
        to be deployed until well after the time by which it is 
        expected that the Iranian missile threat will have matured.
            (11) It is a matter of the highest national interest to 
        minimize the vulnerability of United States forces, allies, and 
        friends to this threat.

SEC. 3. PURPOSE OF ACT.

    In light of the findings in section 2, an immediate national 
response to the emerging Iranian missile threat, consistent with the 
Presidential declaration of national emergency, is required and is in 
the highest national interest of the United States.

SEC. 4. DETERMINATION OF EXTENT OF RUSSIAN COOPERATION WITH BALLISTIC 
              MISSILE ACTIVITIES OF IRAN.

    (a) Discussion With Russia.--The Secretary of Defense shall enter 
into discussions with the Government of Russia for the purpose of 
obtaining information on--
            (1) the extent and technical specifics of cooperation and 
        assistance by Russia in the development by Iran of a ballistic 
        missile capability; and
            (2) the technical nature of Iranian ballistic missile 
        capabilities.
    (b) Limitation on Fiscal Year 1998 Cooperative Ballistic Missile 
Defense Projects.--(1) The amount described in paragraph (2) may not be 
obligated until the Secretary of Defense determines, and certifies to 
Congress, that the Russian government is providing full cooperation to 
the United States and its allies in the obtaining of the information 
described in subsection (a). Such a certification shall be submitted 
not later than 30 days after the date of such a determination. The 
Secretary shall include with the certification a description of the 
basis for the Secretary's determination.
    (2) The amount referred to in paragraph (1) is $3,000,000 of the 
funds appropriated for fiscal year 1998 for Russian cooperative 
ballistic missile defense projects as part of the amount appropriated 
for that fiscal year for missile defense programs of the Ballistic 
Missile Defense Organization.

SEC. 5. DEPARTMENT OF DEFENSE MEASURES TO COUNTER IRAN BALLISTIC 
              MISSILE THREAT.

    (a) Acceleration of Navy Theater-Wide Missile Defense System.--(1) 
The amount for the Navy Theater-Wide missile defense system described 
in paragraph (2) is hereby authorized and may be used to accelerate the 
development of that system through additional testing and risk 
reduction.
    (2) The amount referred to in paragraph (1) is the amount of 
$65,000,000 appropriated for the Navy Theater-Wide missile defense 
system for fiscal year 1998 in the Department of Defense Appropriations 
Act, 1998, that is in excess of the amount authorized to be 
appropriated for that system for fiscal year 1998 in the National 
Defense Authorization Act for Fiscal Year 1998.
    (b) Other Ballistic Missile Defense Measures.--There is hereby 
authorized to be appropriated for the Department of Defense for fiscal 
year 1998 for Defense-wide research, development, test, and evaluation 
$215,000,000, to be available as follows:
            (1) $20,000,000 for the Joint Composite Tracking Network.
            (2) $15,000,000 for theater battle management, command, 
        control, and communications (BM/C<SUP>3</SUP>) to validate the 
        interoperability of the Army's Theater High-Altitude Area 
        Defense (THAAD) ground-based radar and to accelerate the final 
        phases of development leading to operational upgrade of the 
        Aegis Spy-1 radar.
            (3) $5,000,000 for enhancement of integration activities 
        associated with the capabilities for a reinforced theater 
        missile defense family of system architectures oriented toward 
        the threat in the Middle East and Persian Gulf region.
            (4) $35,000,000 for two Cobra Gemini radars to improve 
        tracking and target discrimination.
            (5) $15,000,000 to accelerate the remote launch capability 
        for the Patriot Advanced Capability (PAC-3) missile defense 
        system, including use of an existing prototype Theater High-
        Altitude Area Defense (THAAD) ground-based radar, to enlarge 
        the area defended by that system.
            (6) $25,000,000 to be available for production enhancements 
        for the PAC-3 system to accelerate operational deployment of 
        PAC-3 systems.
            (7) $100,000,000 to be available for additional Theater 
        High-Altitude Area Defense (THAAD) User Operational Evaluation 
        System (UOES) missiles, to provide greater capability to defend 
        against longer-range Iranian ballistic missiles under 
        development.
    (c) Study of Regional Infrastructure.--Not later than 30 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report on improvements that could be made to the 
United States military infrastructure in the Persian Gulf, Middle East, 
and surrounding regions to improve the ability of United States Armed 
Forces to support attack operations in the Middle East and Persian 
Gulf. The Secretary shall include in the report the cost of each 
improvement identified in the report.
    (d) Limitation.--Funds appropriated pursuant to the authorization 
in subsection (b)(7) may be obligated only after a successful THAAD 
intercept.

SEC. 6. ISRAELI ARROW MISSILE DEFENSE SYSTEM.

    (a) Additional United States Support.--There is hereby authorized 
to be appropriated for defense-wide research, development, test, and 
evaluation $110,000,000 to be available for support of the Israeli 
Arrow tactical ballistic missile defense system, of which--
            (1) $20,000,000 is for production enhancements to 
        accelerate deployment; and
            (2) $90,000,000 is for additional missiles in order to 
        provide for more effective territorial coverage.
    (b) Congressional Intent Concerning Arrow System.--The 
authorization of appropriations for support of the Israeli Arrow 
missile defense system under subsection (a) is a one-time authorization 
for the purpose of protecting a United States ally and United States 
citizens in the Middle East region in imminent peril.

SEC. 7. IMPLEMENTATION REPORT TO CONGRESS; FUNDING FLEXIBILITY.

    (a) Report.--Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress a report 
on the Iranian ballistic missile threat in the Middle East and Persian 
Gulf regions. The report shall include a description of--
            (1) the Secretary's plans for implementation of this Act, 
        including the Secretary's plan for use of funds appropriated 
        pursuant to the authorizations of appropriations in this Act; 
        and
            (2) such additional steps as the Secretary considers 
        appropriate to meet the Iranian ballistic missile threat, 
        including an assessment of the funding implications of each of 
        those additional steps.
    (b) Funding Flexibility.--If in the report under this section the 
Secretary of Defense proposes measures to counter the ballistic missile 
threat posed by Iran and proposes specific funding amounts for those 
measures as an alternative to the measures and funding authorized by 
this Act, the measures and funding proposed by the Secretary (within 
the total amount authorized to be appropriated by this Act) shall be 
considered to be authorized by law for purposes of section 114(a) of 
title 10, United States Code.
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