I 111th CONGRESS 1st Session H. R. 2845 IN THE HOUSE OF REPRESENTATIVES June 12, 2009 Mr. Franks of Arizona (for himself, Mr. Griffith, Mr. Turner, Mr. Marshall, Mr. Sessions, and Mr. Lamborn) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, 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 direct the Secretary of Defense to deploy ground-based interceptors as part of the missile defense system, and for other purposes.

1.

Short title

This Act may be cited as the Protect the Homeland from North Korean and Iranian Ballistic Missiles Act.

2.

Findings

Congress finds the following: (1)The United States Constitution indicates one of the first purposes of government is to provide for the defense of the American people. (2)North Korea continues to develop the Taepo Dong 2 long-range missile. (3)The United States intelligence community estimated that the Taepo Dong 2, when fully developed, could threaten the entire continental United States with a ballistic missile. (4)North Korea tested the Taepo Dong 2 missile over the Sea of Japan on July 4, 2006, in defiance of warnings from the United States, Japan, South Korea, and the People’s Republic of China. (5)North Korea, in violation of United Nations Security Council Resolutions 1695 and 1718, launched a long range ballistic missile on April 5, 2009. This test demonstrates that North Korean long range ballistic missiles can now reach South Korea, Japan, and Guam and can travel 2,000 miles over Japan into the Pacific Ocean. (6)North Korea ordered inspectors out of the country and walked away from the 6 party talks on April 14, 2009. (7)North Korea has deployed the Musudan intermediate range ballistic missile which can threaten Okinawa and Guam, 200 No Dong missiles which can reach Japan, and 600 Scud missiles which threaten South Korea. (8)On April 29, 2009, North Korea threatened to conduct a nuclear test and an intercontinental ballistic missile unless the United Nations Security Council apologized for imposing sanctions against North Korea. (9)North Korea, in violation of United Nations Security Council resolution 1718, conducted a nuclear test on May 25, 2009. (10)North Korea’s missile launch and nuclear test demonstrate present international diplomatic efforts are not sufficient to deter North Korea from developing, deploying, and launching missiles or developing nuclear technology. (11)North Korea has test-fired six short-range missiles off the country’s east coast since the May 25, 2009, nuclear test. (12)Recently North Korea has asserted it is no longer bound by the armistice which ended the Korean War and has threatened war against the United States, South Korea, and Japan. (13)North Korea leads the world in missile proliferation. (14)North Korea is known to share ballistic missile technology with other weapons proliferating nations such as Iran. (15)North Korea aided Syria with its nuclear program. (16)The Director of the Missile Defense Agency said on June 9, 2009, The United States has fine-tuned its ability to shoot down long-range missiles that could be launched by North Korea based on a trio of tests mimicking such an attack.. (17)On February 3, 2009, the Government of Iran successfully launched its first satellite into orbit—an act in direct violation of United Nations Security Council Resolution 1737. (18)General Maples, Director of the Defense Intelligence Agency, recently said, Iran’s February 3, 2009, launch of the Safir space launch vehicle shows progress in mastering technology needed to produce ICBMs.. (19)On April 5, 2009, President Barack Obama said, So let me be clear: Iran’s nuclear and ballistic missile activity poses a real threat, not just to the United States, but to Iran’s neighbors and our allies.. (20)On May 19, 2009, the Government of Iran test-fired a new two-stage, medium-range, solid fuel, surface-to-surface missile, which can reach Europe, Israel, and United States forces deployed in the Persian Gulf Region.

3.

Statement of policy regarding North Korea’s and Iran’s long-range ballistic missile technology

Congress— (1)acknowledges that North Korea’s and Iran’s long-range ballistic missile technology is improving and could be used to deliver chemical, biological, or nuclear weapons; (2)expresses concern that North Korea’s and Iran’s long-range ballistic missile technology poses a real threat to the United States homeland; (3)realizes missile delivery technology and warheads could be passed along to state and non-state actors; and (4)supports ballistic missile protection of United States allies and forward deployed forces but believes it should not come at the expense of the protection of the United States homeland.

4.

Deployment of missile defense interceptors in Alaska and California

The Secretary of Defense shall deploy the following: (1)Not less than 40 ground-based interceptors at Fort Greely, Alaska. (2)Not less than 4 ground-based interceptors at Vandenberg Air Force Base, California. (3)Such number of ground-based interceptors at such other locations as the President determines appropriate.

5.

Authorization of appropriations for the ground-based midcourse defense system

Funds are hereby authorized to be appropriated for fiscal year 2010 for the ground-based midcourse defense system of the Missile Defense Agency in the amount of $500,000,000.