[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 7 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                  S. 7

 To establish a United States policy for the deployment of a national 
            missile defense system, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Lott  (for himself, Mr. Thurmond, Mr. Smith of New Hampshire, Mr. 
 Warner, Mr. Kyl, Mr. Cochran, Mr. Abraham, Mr. Allard, Mr. Ashcroft, 
   Mr. Coverdell, Mr. Craig, Mr. DeWine, Mr. Domenici, Mr. Enzi, Mr. 
Faircloth, Mr. Grams, Mr. Hagel, Mr. Hatch, Mr. Helms, Mrs. Hutchison, 
 Mr. Hutchinson, Mr. Inhofe, Mr. Murkowski, Mr. Nickles, Mr. Sessions, 
and Mr. Kempthorne) introduced the following bill; which was read twice 
            and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To establish a United States policy for the deployment of a national 
            missile defense system, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Missile Defense Act of 
1997''.

SEC. 2. NATIONAL MISSILE DEFENSE POLICY.

    (a) National Missile Defense.--It is the policy of the United 
States to deploy by the end of 2003 a National Missile Defense system 
that--
            (1) is capable of defending the territory of the United 
        States against limited ballistic missile attack (whether 
        accidental, unauthorized, or deliberate); and
            (2) could be augmented over time to provide a layered 
        defense against larger and more sophisticated ballistic missile 
        threats if they emerge.
    (b) Cooperative Transition.--It is the policy of the United States 
to seek a cooperative transition to a regime that does not feature an 
offense-only form of deterrence as the basis for strategic stability.

SEC. 3. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.

    (a) Requirement for Development of System.--To implement the policy 
established in section 3(a), the Secretary of Defense shall develop for 
deployment a National Missile Defense (NMD) system which shall achieve 
an initial operational capability (IOC) by the end of 2003.
    (b) Elements of the NMD System.--The system to be developed for 
deployment shall include the following elements:
            (1) Interceptors.--An interceptor system that optimizes 
        defensive coverage of the continental United States, Alaska, 
        and Hawaii against limited ballistic missile attack (whether 
        accidental, unauthorized, or deliberate).
            (2) Ground-based radars.--Fixed ground-based radars.
            (3) Space-based sensors.--Space-based sensors, including 
        the Space and Missile Tracking System.
            (4) BM/C<SUP>3.--Battle management, command, control, and 
        communications (BM/C<SUP>3).

SEC. 4. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE SYSTEM.

    The Secretary of Defense shall--
            (1) upon the enactment of this Act, promptly initiate 
        required preparatory and planning actions that are necessary so 
        as to be capable of meeting the initial operational capability 
        (IOC) date specified in section 3(a);
            (2) not later than the end of fiscal year 1999, conduct an 
        integrated systems test which uses elements (including BM/
        C<SUP>3 elements) that are representative of, and traceable to, 
        the national missile defense system architecture specified in 
        section 3(b);
            (3) prescribe and use streamlined acquisition policies and 
        procedures to reduce the cost and increase the efficiency of 
        developing the system specified in section 3(a); and
            (4) develop a national missile defense follow-on program 
        that--
                    (A) leverages off of the national missile defense 
                system specified in section 3(a); and
                    (B) could augment that system, if necessary, to 
                provide for a layered defense.

SEC. 5. REPORT ON PLAN FOR NATIONAL MISSILE DEFENSE SYSTEM DEVELOPMENT 
              AND DEPLOYMENT.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to Congress a report on the 
Secretary's plan for development and deployment of a national missile 
defense system pursuant to this Act. The report shall include the 
following matters:
            (1) The Secretary's plan for carrying out this Act, 
        including--
                    (A) a detailed description of the system 
                architecture selected for development under section 
                3(b); and
                    (B) a discussion of the justification for the 
                selection of that particular architecture.
            (2) The Secretary's estimate of the amount of 
        appropriations required for research, development, test, 
        evaluation, and for procurement, for each of fiscal years 1998 
        through 2003 in order to achieve the initial operational 
        capability date specified in section 3(a).
            (3) A determination of the point at which any activity that 
        is required to be carried out under this Act would conflict 
        with the terms of the ABM Treaty, together with a description 
        of any such activity, the legal basis for the Secretary's 
        determination, and an estimate of the time at which such point 
        would be reached in order to meet the initial operational 
        capability date specified in section 3(a).

SEC. 6. POLICY REGARDING THE ABM TREATY.

    (a) ABM Treaty Negotiations.--In light of the findings in section 
232 of the National Defense Authorization Act for Fiscal Year 1996 
(Public Law 102-106; 110 Stat. 228, 10 U.S.C. 2431 note) and the policy 
established in section 2, Congress urges the President to pursue, if 
necessary, high-level discussions with the Russian Federation to 
achieve an agreement to amend the ABM Treaty to allow deployment of the 
national missile defense system being developed for deployment under 
section 3.
    (b) Requirement for Senate Advice and Consent.--If an agreement 
described in subsection (a) is achieved in discussions described in 
that subsection, the President shall present that agreement to the 
Senate for its advice and consent. No funds appropriated or otherwise 
available for any fiscal year may be obligated or expended to implement 
such an amendment to the ABM Treaty unless the amendment is made in the 
same manner as the manner by which a treaty is made.
    (c) Action Upon Failure To Achieve Negotiated Changes Within One 
Year.--If an agreement described in subsection (a) is not achieved in 
discussions described in that subsection within one year after the date 
of the enactment of this Act, the President and Congress, in 
consultation with each other, shall consider exercising the option of 
withdrawing the United States from the ABM Treaty in accordance with 
the provisions of Article XV of that treaty.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) ABM treaty.--The term ``ABM Treaty'' means the Treaty 
        Between the United States of America and the Union of Soviet 
        Socialist Republics on the Limitation of Anti-Ballistic Missile 
        Systems, and signed at Moscow on May 26, 1972, and includes the 
        Protocols to that Treaty, signed at Moscow on July 3, 1974.
            (2) Limited ballistic missile attack.--The term ``limited 
        ballistic missile attack'' refers to a limited ballistic 
        missile attack as that term is used in the National Ballistic 
        Defense Capstone Requirements Document, dated August 24, 1996, 
        that was issued by the United States Space Command and 
        validated by the Joint Requirements Oversight Council of the 
        Department of Defense.
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