[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2786 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2786

To provide deployment criteria for the National Missile Defense system, 
  and to provide for operationally realistic testing of the National 
                Defense system against countermeasures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2001

  Mr. Markey introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committees on 
  Rules, and International Relations, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide deployment criteria for the National Missile Defense system, 
  and to provide for operationally realistic testing of the National 
                Defense system against countermeasures.

    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 Deployment 
Criteria Act of 2001''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The 1972 Anti-Ballistic Missile (ABM) Treaty prohibits 
        the development or deployment of space-based, air-based, sea-
        based, or mobile land-based antiballistic missile defenses and 
        limits the deployment of fixed land-based defenses to no more 
        than 100 interceptor missiles deployed at a single site.
            (2) Without the restrictions imposed by the ABM Treaty, it 
        is unlikely that the United States and Russia would have been 
        able to have concluded arms control agreements that have 
        limited and significantly reduced the numbers and capabilities 
        of strategic ballistic missiles deployed by both countries.
            (3) Developing and deploying a National Missile Defense 
        system would require the United States to either withdraw from 
        the ABM Treaty or reach agreements to modify the treaty to 
        allow for such defenses.
            (4) Before any decision is made by the United States to 
        further proceed with the development, procurement, and 
        deployment of a National Missile Defense system, it is 
        essential that the President and the Congress agree that such 
        actions are necessary to the national security of the United 
        States.
            (5) In assessing the necessity and desirability of such 
        defenses, the President and Congress must consider the nature 
        of the threat, the feasibility of the technology to be used to 
        respond to the threat, costs and impact upon other key defense 
        programs, and the overall impact on national security, 
        including arms control.

SEC. 3. LIMITATION ON DEPLOYMENT PENDING CERTIFICATION AND APPROVAL BY 
              LAW.

    The National Missile Defense Act of 1999 (Public Law 106-38) is 
amended--
            (1) in section 2--
                    (A) by striking ``as soon as is technologically 
                possible''; and
                    (B) by striking the period at the end and inserting 
                ``, but only if--
            ``(1) the system is technologically feasible;
            ``(2) the cost of the system in relation to other 
        priorities of the Department of Defense will not lead to an 
        overall reduction in national security by reducing resources 
        available for other defense priorities, including force 
        preparedness and structure, programs to protect against weapons 
        of mass destruction delivered by means other than ballistic 
        missiles, maintenance of existing weapons systems, and 
        introduction of new or modernized weapons systems;
            ``(3) the system will not diminish overall United States 
        national security, including arms control agreements that have 
        reduced or eliminated numbers and types of nuclear weapons;
            ``(4) the system will not threaten to disrupt relations 
        with nuclear allies of the United States, European allies of 
        the United States, Russia (particularly with respect to entry 
        into force of the second and third Strategic Arms Reduction 
        Treaties and the 1972 Anti-Ballistic Missile Treaty), the 
        People's Republic of China (particularly with respect to 
        increased nuclear arms production), and other nations; and
            ``(5) the threat of a long-range ballistic missile attack 
        from a nation of concern is clearly demonstrated.''; and
            (2) by adding at the end the following new section:

``SEC. 4. LIMITATION ON DEPLOYMENT PENDING CERTIFICATION AND APPROVAL 
              BY LAW.

    ``(a) Limitation.--The President may not direct the Department of 
Defense to deploy a National Missile Defense system unless and until--
            ``(1) the President submits to Congress a report concerning 
        deployment of the National Missile Defense system that includes 
        a certification described in subsection (b); and
            ``(2) a joint resolution concurring in the President's 
        certification in such report is enacted as provided for in this 
        section.
    ``(b) Presidential Certification.--A certification described in 
this subsection is a certification by the President that each of the 
deployment conditions specified in paragraphs (1) through (5) of 
section 2 has been met.
    ``(c) Expedited Procedures for Joint Resolution.--(1) For purposes 
of subsection (a)(2) and this subsection, the term `joint resolution' 
means only a joint resolution introduced by a qualifying Member 
specified in paragraph (2) after the date on which the report of the 
President under subsection (a)(1) is received by the Congress--
            ``(A) the matter after the resolving clause of which is as 
        follows: `That the Congress hereby concurs in the certification 
        of the President relating to deployment of a National Missile 
        Defense system as submitted to Congress pursuant to section 
        4(b) of the National Missile Defense Act of 1999.';
            ``(B) which does not have a preamble; and
            ``(C) the title of which is as follows: `Joint resolution 
        relating to deployment of a National Missile Defense system.'.
    ``(2) For purposes of this subsection, a qualifying Member 
described in this paragraph is--
            ``(A) in the case of the House of Representatives, the 
        majority leader or minority leader of the House of 
        Representatives or a Member of the House of Representatives 
        designated by the majority leader or minority leader; and
            ``(B) in the case of the Senate, the majority leader or 
        minority leader of the Senate or a Member of the Senate 
        designated by the majority leader or minority leader.
    ``(3) The provisions of paragraphs (3) through (8) of section 4(c) 
of the National Missile Defense Deployment Criteria Act of 2001 shall 
apply to a joint resolution under this subsection in the same manner as 
to a joint resolution under such section.''.

SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT FOR NATIONAL 
              MISSILE DEFENSE SYSTEM.

    (a) Limitation.--No funds appropriated to the Department of Defense 
for procurement may be obligated for the National Missile Defense 
system unless--
            (1) the President submits to Congress a report concerning 
        testing of the National Missile Defense system against 
        countermeasures that includes a certification described in 
        subsection (b); and
            (2) a joint resolution concurring in the President's 
        certification in such report is enacted as provided for in this 
        section.
    (b) Presidential Certification.--A certification described in this 
subsection is a certification by the President that--
            (1) an adequate testing program for the National Missile 
        Defense system is in place to meet the threats identified in 
        the report required under section 3(c);
            (2) adequate ground and flight testing of the system has 
        been conducted against the countermeasures that are likely to 
        be used against the system and that other countries have or 
        likely could acquire.
    (c) Expedited Procedures for Joint Resolution.--(1) For purposes of 
subsection (a)(2) and this subsection, the term ``joint resolution'' 
means only a joint resolution introduced by a qualifying Member 
specified in paragraph (2) after the date on which the report of the 
President under subsection (a)(1) is received by the Congress--
            (A) the matter after the resolving clause of which is as 
        follows: ``That the Congress hereby concurs in the 
        determination of the President relating to the establishment of 
        a program for operationally realistic testing against 
        countermeasures for a National Missile Defense system as 
        submitted to Congress pursuant to section 4 of the National 
        Missile Defense Deployment Criteria Act of 2001.'';
            (B) which does not have a preamble; and
            (C) the title of which is as follows: ``Joint resolution 
        relating to establishment of a program for operationally 
        realistic testing against countermeasures for a National 
        Missile Defense system.''.
    (2) For purposes of this subsection, a qualifying Member described 
in this paragraph is--
            (A) in the case of the House of Representatives, the 
        majority leader or minority leader of the House of 
        Representatives or a Member of the House of Representatives 
        designated by the majority leader or minority leader; and
            (B) in the case of the Senate, the majority leader or 
        minority leader of the Senate or a Member of the Senate 
        designated by the majority leader or minority leader.
    (3) If a committee to which is referred a joint resolution 
described in paragraph (1) has not reported such joint resolution by 
the end of 60 legislative days of continuous session of Congress 
beginning on the date of its introduction, such committee shall be 
discharged from further consideration of such joint resolution and such 
joint resolution shall be placed on the appropriate calendar of the 
House involved.
    (4)(A) A joint resolution described in paragraph (1) shall be 
considered in the House of Representatives in accordance with this 
paragraph. When the committee to which such a joint resolution was 
referred has reported, or has been discharged from further 
consideration of, the joint resolution, it shall be in order, on or 
after the third calendar day thereafter (excluding Saturdays, Sundays, 
or legal holidays, except when the House of Representatives is in 
session on such a day) for any Member of the House to move to proceed 
to the consideration of the joint resolution, but only on the day after 
the calendar day on which the Member announces to the House the 
Member's intention to do so. Such motion is privileged and is not 
debatable. The motion is not subject to amendment or to a motion to 
postpone. A motion to reconsider the vote by which the motion is agreed 
to shall not be in order. If a motion to proceed to the consideration 
of the joint resolution is agreed to, the House shall immediately 
proceed to consideration of the joint resolution, which shall remain 
the unfinished business of the House until disposed of.
    (B) Debate on the joint resolution, and on all debatable motions 
and appeals in connection therewith, shall be limited to not more than 
two hours, which shall be divided equally between those favoring and 
those opposing the joint resolution. An amendment to the joint 
resolution is not in order. A motion further to limit debate is in 
order and is not debatable. A motion to table, a motion to postpone, or 
a motion to recommit the joint resolution is not in order. A motion to 
reconsider the vote by which the joint resolution is agreed to or 
disagreed to is not in order.
    (C) Appeals from the decisions of the Chair with respect to the 
procedure relating to a joint resolution described in paragraph (1) 
shall be decided without debate.
    (5) A joint resolution described in paragraph (1) shall be 
considered in the Senate in accordance with the provisions of section 
601(b)(4) of the International Security Assistance and Arms Export 
Control Act of 1976.
    (6) If, before the passage by one House of a joint resolution of 
that House described in paragraph (1), that House receives from the 
other House a joint resolution described in paragraph (1), then the 
following procedures shall apply:
            (A) The joint resolution of the other House shall not be 
        referred to a committee and may not be considered in the House 
        receiving it except in the case of final passage as provided in 
        subparagraph (B)(ii).
            (B) With respect to a joint resolution described in 
        paragraph (1) of the House receiving the joint resolution--
                    (i) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    (ii) the vote on final passage shall be on the 
                joint resolution of the other House.
            (C) Upon disposition of the joint resolution received from 
        the other House, it shall no longer be in order to consider the 
        joint resolution that originated in the receiving House.
    (7) In the computation of the period of 60 days referred to in 
paragraph (3)--
            (A) a legislative day, with respect to a committee of 
        either House to which a joint resolution was referred, is a 
        calendar day on which that House is in session; and
            (B) continuity of session of Congress is broken only by an 
        adjournment sine die at the end of the second session of a 
        Congress.
    (8) The provisions of this subsection are enacted by the Congress--
            (A) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and, as such, 
        shall be considered as part of the rules of either House and 
        shall supersede other rules only to the extent they are 
        inconsistent therewith; and
            (B) with full recognition of the constitutional right of 
        either House to change the rules so far as they relate to the 
        procedures of that House at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST COUNTERMEASURES FOR 
              NATIONAL MISSILE DEFENSE.

    (a) Testing Requirements.--The Secretary of Defense shall direct 
the Ballistic Missile Defense Organization--
            (1) to include in the ground and flight testing of the 
        National Missile Defense system that is conducted before the 
        system becomes operational any countermeasures (including 
        decoys) that--
                    (A) are likely, or at least realistically possible, 
                to be used against the system; and
                    (B) are chosen for testing on the basis of what 
                countermeasure capabilities a long-range missile could 
                have and is likely to have, taking into consideration 
                the technology that the country deploying the missile 
                would have or could likely acquire; and
            (2) to determine the extent to which the exoatmospheric 
        kill vehicle and the National Missile Defense system can 
        reliably discriminate between warheads and such 
        countermeasures.
    (b) Funding Requirements.--The Secretary, in consultation with the 
Director of the Ballistic Missile Defense Organization, shall--
            (1) determine the amount of additional funding, if any, for 
        the National Missile Defense system (in addition to that 
        previously programmed) that may be necessary for the Secretary 
        to fulfill the requirements set forth in subsection (a) in 
        fiscal years after fiscal year 2002; and
            (2) submit that determination to the congressional defense 
        committees at the same time that the President submits the 
        budget for fiscal year 2003 to Congress under section 1105(a) 
        of title 31, United States Code.
    (c) Report by Secretary of Defense.--(1) The Secretary of Defense 
shall submit to Congress, not later than April 15 each year, an annual 
report on the Department's efforts to establish a program for 
operationally realistic testing of the National Missile Defense system 
against countermeasures. The report shall be submitted in both 
classified and unclassified form.
    (2) Each such report shall include the Secretary's assessment of 
the following:
            (A) The countermeasures available to foreign countries with 
        ballistic missiles that the National Missile Defense system 
        could encounter in a launch of such missiles against the United 
        States.
            (B) The ability of the National Missile Defense system to 
        defeat such countermeasures, including the ability of the 
        system to discriminate between countermeasures and reentry 
        vehicles.
            (C) The plans to demonstrate the capability of the National 
        Missile Defense system to defeat such countermeasures and the 
        adequacy of the ground and flight testing to demonstrate that 
        capability.
    (3) No annual report is required under this subsection after the 
National Missile Defense system becomes operational.
    (d) Independent Review Panel.--(1) The Secretary of Defense shall 
seek to arrange for the National Academy of Science to establish an 
independent panel to be composed of scientific and technical experts.
    (2) The Panel shall assess the following:
            (A) The countermeasures available for use against the 
        United States National Missile Defense system.
            (B) The operational effectiveness of that system against 
        those countermeasures.
            (C) The adequacy of the National Missile Defense flight 
        testing program to demonstrate the capability of the system to 
        defeat the countermeasures.
    (3) After conducting the assessment required under paragraph (2), 
the Panel shall evaluate--
            (A) whether sufficient ground and flight testing of the 
        system will have been conducted before the system becomes 
        operational to support the making of a determination, with a 
        justifiably high level of confidence, regarding the operational 
        effectiveness of the system;
            (B) whether adequate ground and flight testing of the 
        system will have been conducted, before the system becomes 
        operational, against the countermeasures that are likely, or at 
        least realistically possible, to be used against the system and 
        that other countries have or likely could acquire; and
            (C) whether the exoatmospheric kill vehicle and the rest of 
        the National Missile Defense system can reliably discriminate 
        between warheads and such countermeasures.
    (4) Not later than April 15 each year, the Panel shall submit to 
the Secretary of Defense and to Congress a report on its assessments 
and evaluations. The report shall include any recommendations for 
improving the flight testing program for the National Missile Defense 
system or the operational capability of the system to defeat 
countermeasures that the Panel determines appropriate.
    (e) Countermeasure Defined.--In this section, the term 
``countermeasure''--
            (1) means any deliberate action taken by a country with 
        long-range ballistic missiles to defeat or otherwise counter a 
        United States National Missile Defense system; and
            (2) includes, among other actions--
                    (A) use of a submunition released by a ballistic 
                missile soon after the boost phase of the missile;
                    (B) use of anti-simulation, together with such 
                decoys as Mylar balloons, to disguise the signature of 
                the warhead; and
                    (C) use of a shroud cooled with liquid nitrogen to 
                reduce the infrared signature of the warhead.
                                 <all>