[Congressional Record Volume 141, Number 135 (Friday, August 11, 1995)]
[Senate]
[Pages S12414-S12416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                 ______


                  NUNN (AND OTHERS) AMENDMENT NO. 2425

  (Ordered to lie on the table.)
  Mr. LEVIN (for Mr. Nunn, for himself, Mr. Warner, Mr. Levin, and Mr. 
Cohen) submitted an amendment intended to be proposed by them to the 
bill (S. 1026) to authorize appropriations for fiscal year 1996 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 49, strike out line 15 and all that follows through 
     line 9 on page 69 and insert the following in lieu thereof:

                      Subtitle C--Missile Defense

     SEC. 231. SHORT TITLE.

       This subtitle may be cited as the ``Missile Defense Act of 
     1995''.

     SEC. 232. FINDINGS.

       Congress makes the following findings:
       (1) The threat that is posed to the national security of 
     the United States by the proliferation of ballistic and 
     cruise missiles is significant and growing, both 
     quantitatively and qualitatively.
       (2) The deployment of effective Theater Missile Defense 
     systems can deny potential adversaries the option of 
     escalating a conflict by threatening or attacking United 
     States forces, coalition partners of the United States, or 
     allies of the United States with ballistic missiles armed 
     with weapons of mass destruction to offset the operational 
     and technical advantages of the United States and its 
     coalition partners and allies.
       (3) The intelligence community of the United States has 
     estimated that (A) the missile proliferation trend is toward 
     longer range and more sophisticated ballistic missiles, (B) 
     North Korea may deploy an intercontinental ballistic missile 
     capable of reaching Alaska or beyond within 5 years, and (C) 
     although a new indigenously developed ballistic missile 
     threat to the continental United States is not forecast 
     within the next 10 years there is a danger that determined 
     countries will acquire intercontinental ballistic missiles in 
     the near future and with little warning by means other than 
     indigenous development.
       (4) The deployment by the United States and its allies of 
     effective defenses against ballistic missiles of all ranges, 
     as well as against cruise missiles, can reduce the incentives 
     for countries to acquire such missiles or to augment existing 
     missile capabilities.
       (5) The Cold War distinction between strategic ballistic 
     missiles and nonstrategic ballistic missiles and, therefore, 
     the ABM Treaty's distinction between strategic defense and 
     nonstrategic defense, has changed because of technological 
     advancements and should be reviewed.
       (6) The concept of mutual assured destruction, which was 
     one of
      the major philosophical rationales for the ABM Treaty, is 
     now questionable as a basis for stability in a multipolar 
     world in which the United States and the states of the 
     former Soviet Union are seeking to normalize relations and 
     eliminate Cold War attitudes and arrangements.
       (7) Theater and national missile defenses can contribute to 
     the maintenance of stability as missile threats proliferate 
     and as the United States and the former Soviet Union 
     significantly reduce the number of strategic nuclear forces 
     in their respective inventories.
       (8) Although technology control regimes and other forms of 
     international arms control can contribute to 
     nonproliferation, such measures alone are inadequate for 
     dealing with missile proliferation, and should not be viewed 
     as alternatives to missile defenses and other active and 
     passive defenses.
       (9) Due to limitations in the ABM Treaty which preclude 
     deployment of more than 100 ground-based ABM interceptors at 
     a single site, the United States is currently prohibited from 
     deploying a national missile defense system capable of 
     defending the continental United States, Alaska, and Hawaii 
     against even the most limited ballistic missile attacks.

     SEC. 233. MISSILE DEFENSE POLICY.

       It is the policy of the United States to--
       (1) deploy as soon as possible affordable and operationally 
     effective theater missile defenses capable of countering 
     existing and emerging theater ballistic missiles;
       (2)(A) develop for deployment a multiple-site national 
     missile defense system that: (i) is affordable and 
     operationally effective against limited, accidental, and 
     unauthorized ballistic missile attacks on the territory of 
     the United States, and (ii) can be augmented over time as the 
     threat changes to provide a layered defense against limited, 
     accidental, or unauthorized ballistic missile threats;
       (B) initiate negotiations with the Russian Federation as 
     necessary to provide for the national missile defense systems 
     specified in section 235; and
       (C) consider, if those negotiations fail, the option of 
     withdrawing from the ABM Treaty in accordance with the 
     provisions of Article XV of the Treaty, subject to 
     consultations between the President and the Senate;
       (3) ensure congressional review, prior to a decision to 
     deploy the system developed for deployment under paragraph 
     (2), of: (A) the affordability and operational effectiveness 
     of such a system; (B) the threat to be countered by such a 
     system; and (C) ABM Treaty considerations with respect to 
     such a system.
       (4) improve existing cruise missile defenses and deploy as 
     soon as practical defenses that are affordable and 
     operationally effective against advanced cruise missiles;
       (5) pursue a focused research and development program to 
     provide follow-on ballistic missile defense options;
       (6) employ streamlined acquisition procedures to lower the 
     cost and accelerate the pace of developing and deploying 
     theater missile defenses, cruise missile defenses, and 
     national missile defenses;
       (7) seek a cooperative transition to a regime that does not 
     feature mutual assured destruction and an offense-only form 
     of deterrence as the basis for strategic stability; and
       (8) carry out the policies, programs, and requirements of 
     subtitle C of title II of this Act through processes 
     specified within, or consistent with, the ABM Treaty, which 
     anticipates the need and provides the means for amendment to 
     the Treaty.

     SEC. 234. THEATER MISSILE DEFENSE ARCHITECTURE.

       (a) Establishment of Core Program.--To implement the policy 
     established in section 233, the Secretary of Defense shall 
     establish a top priority core theater missile defense program 
     consisting of the following systems:
       (1) The Patriot PAC-3 system, with a first unit equipped 
     (FUE) in fiscal year 1998.
       (2) The Navy Lower Tier (Area) system, with a user 
     operational evaluation system (UOES) capability in fiscal 
     year 1997 and an initial operational capability (IOC) in 
     fiscal year 1999.
       (3) The Theater High-Altitude Area Defense (THAAD) system, 
     with a user operational evaluation system (UOES) capability 
     in fiscal year 1997 and an initial operational capability 
     (IOC) no later than fiscal year 2002.
       (4) The Navy Upper Tier (Theater Wide) system, with a user 
     operational evaluation system (UOES) capability in fiscal 
     year 1999 and an initial operational capability (IOC) in 
     fiscal year 2001.
       (b) Interoperability and Support of Core Systems.--To 
     maximize
      effectiveness and flexibility, the Secretary of Defense 
     shall ensure that core theater missile defense systems are 
     interoperable and fully capable of exploiting external 
     sensor and battle management support from systems such as 
     the Navy's Cooperative Engagement Capability (CEC), the 
     Army's Battlefield Integration Center (BIC), air and 
     space-based sensors including, in particular, the Space 
     and Missile Tracking System (SMTS).
       (c) Termination of Programs.--The Secretary of Defense 
     shall terminate the Boost Phase Interceptor (BPI) program.
       (d) Follow-on Systems.--The Secretary of Defense shall 
     develop an affordable development plan for follow-on theater 
     missile defense systems which leverages existing systems, 
     technologies, and programs, and focuses investments to 
     satisfy military requirements not met by the core program.

[[Page S 12415]]

       (2) Before adding new theater missile defense systems to 
     the core program from among the follow-on activities, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report describing--
       (A) the requirements for the program and the specific 
     threats to be countered;
       (B) how the new program will relate to, support, and 
     leverage off existing core programs;
       (C) the planned acquisition strategy; and
       (D) a preliminary estimate of total program cost and 
     budgetary impact.
       (e) Report.--(1) Not later than the date on which the 
     President submits the budget for fiscal year 1997 under 
     section 1105 of title 31, United States Code, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report detailing the Secretary's plans for 
     implementing the guidance specified in this section.
       (2) For each deployment date for each system described in 
     subsection (a), the report required by paragraph (1) of this 
     subsection shall include the funding required for research, 
     development, testing, evaluation, and deployment for each 
     fiscal year beginning with fiscal year 1997 through the end 
     of the fiscal year in which deployment is projected under 
     subsection (a).

     SEC. 235. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.

       (a) In General.--To implement the policy established in 
     section 233, the Secretary of Defense shall develop an 
     affordable and
      operationally effective national missile defense system to 
     counter a limited, accidental, or unauthorized ballistic 
     missile attack, and which is capable of attaining initial 
     operational capability (IOC) by the end of 2003. Such 
     system shall include the following:
       (1) Ground-based interceptors capable of being deployed at 
     multiple sites, the locations and numbers of which are to be 
     determined so as to optimize the defensive coverage of the 
     continental United States, Alaska, and Hawaii against 
     limited, accidental, or unauthorized ballistic missile 
     attacks.
       (2) Fixed ground-based radars and space-based sensors, 
     including the Space and Missile Tracking system, the mix, 
     siting and numbers of which are to be determined so as to 
     optimize sensor support and minimize total system cost.
       (3) Battle management, command, control, and communications 
     (BM/C3).
       (b) Interim Operational Capability.--To provide a hedge 
     against the emergence of near-term ballistic missile threats 
     against the United States and to support the development and 
     deployment of the objective system specified in subsection 
     (a), the Secretary of Defense shall develop an interim 
     national missile defense plan that would give the United 
     States the ability to field a limited operational capability 
     by the end of 1999 if required by the threat. In developing 
     this plan the Secretary shall make use of--
       (1) developmental, or user operational evaluation system 
     (UOES) interceptors, radars, and battle management, command, 
     control, and communications (BM/C3), to the extent that such 
     use directly supports, and does not significantly increase 
     the cost of, the objective system specified in subsection 
     (a);
       (2) one or more of the sites that will be used as 
     deployment locations for the objective system specified in 
     subsection (a);
       (3) upgraded early warning radars; and
       (4) space-based sensors.
       (c) Use of Streamlined Acquisition Procedures.--The 
     Secretary of Defense shall prescribe and use streamlined 
     acquisition procedures to--
       (1) reduce the cost and increase the efficiency of 
     developing the national missile defense system specified in 
     subsection (a); and
       (2) ensure that any interim national missile defense 
     capabilities developed pursuant to subsection (b) are
      operationally effective and on a path to fulfill the 
     technical requirements and schedule of the objective 
     system.
       (d) Additional Cost Saving Measures.--In addition to the 
     procedures prescribed pursuant to subsection (c), the 
     Secretary of Defense shall employ cost saving measures that 
     do not decrease the operational effectiveness of the systems 
     specified in subsections (a) and (b), which do not pose 
     unacceptable technical risk. The cost saving measures should 
     include the following:
       (1) The use of existing facilities and infrastructure.
       (2) The use, where appropriate, of existing or upgraded 
     systems and technologies, except that Minuteman boosters may 
     not be used as part of a National Missile Defense 
     architecture.
       (3) Development of systems and components that do not rely 
     on a large and permanent infrastructure and are easily 
     transported, emplaced, and moved.
       (e) Report on Plan for Deployment.--Not later than the date 
     on which the President submits the budget for fiscal year 
     1997 under section 1105 of title 31, United States Code, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report containing the following matters:
       (1) The Secretary's plan for carrying out this section.
       (2) For each deployment date in subsections (a) and (b), 
     the report shall include the funding required for research, 
     development, testing, evaluation, and deployment for each 
     fiscal year beginning with fiscal year 1997 through the end 
     of the fiscal year in which deployment is projected under 
     subsection (a) or (b). The report shall also describe the 
     specific threat to be countered and provide the Secretary's 
     assessment as to whether deployment is affordable and 
     operationally effective.
       (3) An analysis of options for supplementing or modifying 
     the national missile defense architecture specified in 
     subsection (a) before attaining initial operational 
     capability, or evolving such architecture in a building block 
     manner after attaining initial operational capability, to 
     improve the cost-effectiveness or the operational 
     effectiveness of such system by adding one or a combination 
     of the following:
       (A) Additional ground-based interceptors at existing or new 
     sites.
       (B) Sea-based missile defense systems.
       (C) Space-based kinetic energy interceptors.
       (D) Space-based directed energy systems.

     SEC. 236. CRUISE MISSILE DEFENSE INITIATIVE.

       (a) In General.--The Secretary of Defense shall undertake 
     an initiative to coordinate and strengthen the cruise missile 
     defense programs, projects, and activities of the military 
     departments, the Advanced Research Projects Agency and the 
     Ballistic Missile Defense Organization to ensure that the 
     United States develops and deploys affordable and 
     operationally effective defenses against existing and future 
     cruise missile threats.
       (b) Actions of the Secretary of Defense.--In carrying out 
     subsection (a), the Secretary of Defense shall ensure that--
       (1) to the extent practicable, the ballistic missile 
     defense and cruise missile defense efforts of the Department 
     of Defense are coordinated and mutually reinforcing;
       (2) existing air defense systems are adequately upgraded to 
     provide an affordable and operationally effective defense 
     against existing and near-term cruise missile threats; and
       (3) the Department of Defense undertakes a high priority 
     and well coordinated technology development program to 
     support the future deployment of systems that are affordable 
     and operationally effective against advanced cruise missiles, 
     including cruise missiles with low observable features.
       (c) Implementation Plan.--Not later than the date on which 
     the President submits the budget for fiscal year 1997 under 
     section 1105 of title 31, United States Code, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a detailed plan, in unclassified and classified 
     forms, as necessary, for carrying out this section. The plan 
     shall include an assessment of--
       (1) the system that currently have cruise missile defense 
     capabilities, and existing programs to improve these 
     capabilities;
       (2) the technologies that could be deployed in the near- to 
     mid-term to provide significant advances over existing cruise 
     missile defense capabilities, and the investments that would 
     be required to ready the technologies for deployment;
       (3) the cost and operational tradeoffs, if any, between 
     upgrading existing air and missile defense systems and 
     accelerating follow-on systems with significantly improved 
     capabilities against advanced cruise missiles; and
       (4) the organizational and management changes that would 
     strengthen and further coordinate the cruise missile defense 
     efforts of the Department of Defense, including the 
     disadvantages, if any, of implementing such changes.

     SEC. 237. POLICY REGARDING THE ABM TREATY.

       (a) Congress makes the following findings:
       (1) Article XIII of the ABM Treaty envisions ``possible 
     changes in the strategic situation which have a bearing on 
     the provisions of this treaty''.
       (2) Articles XIII and XIV of the ABM Treaty establish means 
     for the Parties to amend the Treaty, and the Parties have 
     employed these means to amend the Treaty.
       (3) Article XV of the ABM Treaty establishes the means for 
     a party to withdraw from the Treaty, upon 6 months notice, 
     ``if it decides that extraordinary events related to the 
     subject matter of this treaty have jeopardized its supreme 
     interests.''
       (4) The policies, programs, and requirements of subtitle C 
     of title II of this Act can be accomplished through processes 
     specified within, or consistent with, the ABM Treaty, which 
     anticipates the need and provides the means for amendment to 
     the Treaty.
       (b) Sense of Congress.--In light of the findings and 
     policies provided in this subtitle, it is the sense of 
     Congress that--
       (1) Given the fundamental responsibility of the Government 
     of the United States to protect the security of the United 
     States, the increasingly serious threat posed to the United 
     States by the proliferation of weapons of mass destruction 
     and ballistic missile technology, and the effect this threat 
     could have on the options of the United States to act in a 
     time of crisis--
       (A) it is in the vital national security interest of the 
     United States to defend itself from the threat of a limited, 
     accidental, or unauthorized ballistic missile attack, 
     whatever its source; and
       (B) the deployment of a national missile defense system, in 
     accord with section 233, to protect the territory of the 
     United States against a limited, accidental, or unauthorized 
     missile attack can strengthen strategic stability and
      deterrence; and
       (2)(A) the Senate should undertake a comprehensive review 
     of the continuing value and validity of the ABM Treaty with 
     the intent of providing additional policy guidance on the 
     future of the ABM Treaty during the second session of the 
     104th Congress; and
       (B) upon completion of the review, the Committee on Foreign 
     Relations, in consultation with the Committee on Armed 

[[Page S 12416]]
     Services and other appropriate committees, should report its findings 
     to the Senate.

     SEC. 238. PROHIBITION ON FUNDS TO IMPLEMENT AN INTERNATIONAL 
                   AGREEMENT CONCERNING THEATER MISSILE DEFENSE 
                   SYSTEMS.

       (a) Findings.--Congress makes the following findings:
       (1) Section 234 of the National Defense Authorization Act 
     for Fiscal Year 1994 provides that the ABM Treaty does not 
     apply to or limit research, development, testing, or 
     deployment of missile defense systems, system upgrades, or 
     system components that are designed to counter modern theater 
     ballistic missiles, regardless of the capabilities of such 
     missiles, unless those systems, system upgrades, or system 
     components are tested against or have demonstrated 
     capabilities to counter modern strategic ballistic missiles.
       (2) Section 232 of the National Defense Authorization Act 
     for Fiscal Year 1995 provides that the United States shall 
     not be bound by any international agreement that would 
     substantially modify the ABM Treaty unless the agreement is 
     entered into pursuant to the treaty making power of the 
     President under the Constitution.
       (3) the demarcation standard described in subsection (b)(1) 
     is based upon current technology.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) unless a missile defense system, system upgrade, or 
     system component, including one that exploits data from 
     space-based or other external sensors, is flight tested 
     against a ballistic missile target that exceeds a range of 
     3,500 kilometers or a velocity of 5 kilometers per second, 
     such missile defense system, system upgrade, or system 
     component has not been tested in an ABM mode nor deemed to 
     have been given capabilities to counter strategic ballistic 
     missiles, and
       (2) any international agreement that would limit the 
     research, development, testing, or deployment of missile
      defense systems, system upgrades, or system components that 
     are designed to counter modern theater ballistic missiles 
     in a manner that would be more restrictive than the 
     criteria in paragraph (1) should be enacted into only 
     pursuant to the treaty making powers of the President 
     under the Constitution.
       (c) Prohibition on Funding.--Funds appropriated or 
     otherwise made available to the Department of Defense for 
     fiscal year 1996 may not be obligated or expended to 
     implement an agreement with any of the independent states of 
     the former Soviet Union entered into after January 1, 1995 
     that would establish a demarcation between theater missile 
     defense systems and anti-ballistic missile systems for 
     purposes of the ABM Treaty or that would restrict the 
     performance, operation, or deployment of United States 
     theater missile defense systems except: (1) to the extent 
     provided in an act enacted subsequent to this Act; (2) to 
     implement that portion of any such agreement that implements 
     the criteria in subsection (b)(1); or (3) to implement any 
     such agreement that is entered into pursuant to the treaty 
     making power of the President under the Constitution.

     SEC. 239. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.

       (a) Elements Specified.--In the budget justification 
     materials submitted to Congress in support of the Department 
     of Defense budget for any fiscal year after fiscal year 1996 
     (as submitted in the budget of the President under section 
     1105(a) of title 31, United States Code), the amount 
     requested for activities of the Ballistic Missile Defense 
     Organization shall be set forth in accordance with the 
     following program elements:
       (1) The Patriot system.
       (2) The Navy Lower Tier (Area) system.
       (3) The Theater High-Altitude Area Defense (THAAD) system.
       (4) The Navy Upper Tier (Theater Wide) system.
       (5) Other Theater Missile Defense Activities.
       (6) National Missile Defense.
       (7) Follow-On and Support Technologies.
       (b) Treatment of Non-Core TMD in Other Theater Missile 
     Defense Activities Element.--Funding for theater missile 
     defense programs, projects, and activities, other than core 
     theater missile defense programs, shall be covered in the 
     ``Other Theater Missile Defense Activities'' program element.
       (c) Treatment of Core Theater Missile Defense Programs.--
     Funding for core theater missile defense programs specified 
     in section 234, shall be covered in individual, dedicated 
     program elements and shall be available only for activities 
     covered by those program elements.
       (d) BM/C31 Programs.--Funding for programs, projects, and 
     activities involving battle management, command, control, 
     communications, and intelligence (BM/C31) shall be covered in 
     the ``Other Theater Missile Defense Activities'' program 
     element or the ``National Missile Defense'' program element, 
     as determined on the basis of the primary objectives 
     involved.
       (e) Management and Support.--Each program element shall 
     include requests for the amounts necessary for the management 
     and support of the programs, projects, and activities 
     contained in that program element.

     SEC. 240. ABM TREATY DEFINED.

       For purposes of this subtitle, 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 Missiles, signed at Moscow on May 26, 1972, 
     and includes the Protocols to that Treaty, signed at Moscow 
     on July 3, 1974.

     SEC. 241. REPEAL OF MISSILE DEFENSE PROVISIONS.

       The following provisions of law are repealed:
       (1) The Missile Defense Act of 1991 (part C of title II of 
     Public Law 102-190; 10 U.S.C. 2431 note).
       (2) Section 237 of the National Defense Authorization Act 
     for Fiscal Year 1994 (Public Law 103-160).
       (3) Section 242 of the National Defense Authorization Act 
     for Fiscal Year 1994 (Public Law 103-160).
       (4) Section 222 of the Department of Defense Authorization 
     Act, 1986 (Public Law 99-145; 99 Stat. 613; 10 U.S.C. 2431 
     note).
       (5) Section 225 of the Department of Defense Authorization 
     Act, 1986 (Public Law 99-145; 99 Stat. 614).
       (6) Section 226 of the National Defense Authorization Act 
     for Fiscal Years 1988 and 1989 (Public Law 100-180; 101 Stat. 
     1057; 10 U.S.C. 2431 note).
       (7) Section 8123 of the Department of Defense 
     Appropriations Act, 1989 (Public Law 100-463; 102 Stat. 2270-
     40).
       (8) Section 8133 of the Department of Defense 
     Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 
     1211).
       (9) Section 234 of the National Defense Authorization Act 
     for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1595; 10 
     U.S.C. 2431 note).
       (10) Section 235 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2701; 10 
     U.S.C. 221 note).
     

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