IB

Union Calendar No. 287

104TH CONGRESS

2D SESSION H. R. 3144

[Report No. 104–583, Part I]

To establish a United States policy for the deployment of a national missile

defense system, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 1996

Mr. LIVINGSTON (for himself, Mr. GINGRICH, Mr. ARMEY, Mr. SPENCE, Mr.

GILMAN, Mr. KASICH, Mr. HYDE, Mr. YOUNG of Florida, Mr. HUNTER,

and Mr. HOKE) introduced the following bill; which was referred to the

Committee on National Security, and in addition to the Committee on

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

MAY 16, 1996

Report from the Committee on National Security

MAY 16, 1996

Referral to the Committee on International Relations extended for a period

ending not later than May 16, 1996

MAY 16, 1996

Additional sponsors: Mr. BAKER of Louisiana, Mr. BALLENGER, Mr. BARR of

Georgia, Mr. BARRETT of Nebraska, Mr. BARTLETT of Maryland, Mr.

BARTON of Texas, Mr. BATEMAN, Mr. BILBRAY, Mr. BILIRAKIS, Mr.

BLILEY, Mr. BONILLA, Mr. BONO, Mr. BRYANT of Tennessee, Mr.

BUNNING of Kentucky, Mr. BURTON of Indiana, Mr. CALVERT, Mr. CALLAHAN, Mr. CANADY of Florida, Mr. CHAMBLISS, Mrs. CHENOWETH, Mr.

CHRYSLER, Mr. CLINGER, Mr. COBURN, Mr. COLLINS of Georgia, Mr.

COX of California, Mr. CRAPO, Mr. CREMEANS, Mr. CUNNINGHAM, Mr.

DELAY, Mr. DICKEY, Mr. DORNAN, Ms. DUNN of Washington, Mr. EMERSON, Mr. EHRLICH, Mr. EVERETT, Mr. FOLEY, Mr. FORBES, Mrs.

FOWLER, Mr. FUNDERBURK, Mr. GEKAS, Mr. GILLMOR, Mr. GRAHAM,

Ms. GREENE of Utah, Mr. HANSEN, Mr. HASTINGS of Washington, Mr.
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HAYWORTH, Mr. HEFLEY, Mr. HOBSON, Mr. HORN, Mr. HOSTETTLER,

Mrs. JOHNSON of Connecticut, Mr. JONES, Mr. KIM, Mr. KINGSTON, Mr.

KNOLLENBERG, Mr. KOLBE, Mr. LAHOOD, Mr. LARGENT, Mr.

LAUGHLIN, Mr. LEWIS of California, Mr. LEWIS of Kentucky, Mr.

LINDER, Mr. LONGLEY, Mr. LUCAS of Oklahoma, Mr. MCCOLLUM, Mr.

MCHUGH, Mr. MCINNIS, Mr. MCINTOSH, Mr. MCKEON, Mr. MANZULLO,

Mr. METCALF, Mr. MICA, Mr. MILLER of Florida, Mr. MOORHEAD, Mr.

MYERS of Indiana, Mr. NETHERCUTT, Mr. NEUMANN, Mr. NORWOOD,

Mr. PACKARD, Mr. ROTH, Mr. SAXTON, Mr. SCARBOROUGH, Mr. SHAW,

Mr. SKEEN, Mr. SOLOMON, Mr. SOUDER, Mr. STOCKMAN, Mr. STUMP,

Mr. TALENT, Mr. THORNBERRY, Mr. TIAHRT, Mrs. VUCANOVICH, Mr.

WAMP, Mr. WATTS of Oklahoma, Mr. WELDON of Pennsylvania, Mr.

WELDON of Florida, Mr. WHITFIELD, Mr. WICKER, Mr. YOUNG of Alaska, Mr. ZELIFF, Mr. BAKER of California, Mr. BEREUTER, Mr.

BOEHNER, Mr. BUNN of Oregon, Mr. BUYER, Mr. CRANE, Mrs. CUBIN,

Mr. DIAZ-BALART, Mr. DOOLITTLE, Mr. DREIER, Mr. ENGLISH of Pennsylvania, Mr. FIELDS of Texas, Mr. GALLEGLY, Mr. GILCHREST, Mr.

GUTKNECHT, Mr. HASTERT, Mr. HAYES, Mr. HEINEMAN, Mr. INGLIS of

South Carolina, Mr. ISTOOK, Mr. SAM JOHNSON of Texas, Mrs. KELLY,

Mr. KING, Mr. LIGHTFOOT, Mr. MCCRERY, Mr. MCDADE, Mrs. MEYERS

of Kansas, Mr. PARKER, Mr. PORTMAN, Ms. PRYCE, Mr. ROBERTS, Mr.

SALMON, Mrs. SEASTRAND, Mr. SHADEGG, Mr. SMITH of New Jersey,

Mr. STEARNS, Mr. TAUZIN, Mr. THOMAS, Mr. TORKILDSEN, Mr. WALKER, Mr. WALSH, Mr. WOLF, Mr. COMBEST, Mr. COOLEY of Oregon, Mr.

ENSIGN, Mr. FRELINGHUYSEN, Mr. FRISA, Mr. HERGER, Mr. HILLEARY,

Ms. MOLINARI, Mr. POMBO, Mr. RADANOVICH, Mr. RIGGS, Mr. ROGERS,

Mr. ROYCE, Mr. SMITH of Texas, Mr. TAYLOR of North Carolina, Mr.

ROHRABACHER, Mr. HANCOCK, Mr. CHRISTENSEN, Mr. WELLER, and

Mr. SCHAEFER)

MAY 16, 1996

Committee on International Relations discharged; committed to the Committee

of the Whole House on the State of the Union and ordered to be printed

A BILL

To establish a United States policy for the deployment of

a national missile defense system, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION. 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Defend America Act

3 of 1996’’.

4 SEC. 2. FINDINGS.

5 Congress makes the following findings:

6 (1) Although the United States possesses the

7 technological means to develop and deploy defensive

8 systems that would be highly effective in countering

9 limited ballistic missile threats to its territory, the

10 United States has not deployed such systems and

11 currently has no policy to do so.

12 (2) The threat that is posed to the national se13 curity of the United States by the proliferation of

14 ballistic missiles is significant and growing, both

15 quantitatively and qualitatively.

16 (3) The trend in ballistic missile proliferation is

17 toward longer range and increasingly sophisticated

18 missiles.

19 (4) Several countries that are hostile to the

20 United States (including North Korea, Iran, Libya,

21 and Iraq) have demonstrated an interest in acquir22 ing ballistic missiles capable of reaching the United

23 States.

24 (5) The Intelligence Community of the United

25 States has confirmed that North Korea is developing
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1 an intercontinental ballistic missile that will be capa2 ble of reaching Alaska or beyond once deployed.

3 (6) There are ways for determined countries to

4 acquire missiles capable of threatening the United

5 States with little warning by means other than in6 digenous development.

7 (7) Because of the dire consequences to the

8 United States of not being prepared to defend itself

9 against a rogue missile attack and the long-lead time

10 associated with preparing an effective defense, it is

11 prudent to commence a national missile defense de12 ployment effort before new ballistic missile threats to

13 the United States are unambiguously confirmed.

14 (8) The timely deployment by the United States

15 of an effective national missile defense system will

16 reduce the incentives for countries to develop or oth17 erwise acquire intercontinental ballistic missiles,

18 thereby inhibiting as well as countering the pro19 liferation of missiles and weapons of mass destruc20 tion.

21 (9) Deployment by the United States of a na22 tional missile defense system will reduce concerns

23 about the threat of an accidental or unauthorized

24 ballistic missile attack on the United States.
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1 (10) The offense-only approach to strategic de2 terrence presently followed by the United States and

3 Russia is fundamentally adversarial and is not a

4 suitable basis for stability in a world in which the

5 United States and the states of the former Soviet

6 Union are seeking to normalize relations and elimi7 nate Cold War attitudes and arrangements.

8 (11) Pursuing a transition to a form of strate9 gic deterrence based increasingly on defensive capa10 bilities and strategies is in the interest of all coun11 tries seeking to preserve and enhance strategic sta12 bility.

13 (12) The deployment of a national missile de14 fense system capable of defending the United States

15 against limited ballistic missile attacks would (A)

16 strengthen deterrence at the levels of forces agreed

17 to by the United States and Russia under the

18 START I Treaty, and (B) further strengthen deter19 rence if reductions below START I levels are imple20 mented in the future.

21 (13) Article XIII of the ABM Treaty envisions

22 ‘‘possible changes in the strategic situation which

23 have a bearing on the provisions of this treaty’’.

24 (14) Articles XIII and XIV of the treaty estab25 lish means for the parties to amend the treaty, and
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1 the parties have in the past used those means to

2 amend the treaty.

3 (15) Article XV of the treaty establishes the

4 means for a party to withdraw from the treaty, upon

5 six months notice ‘‘if it decides that extraordinary

6 events related to the subject matter of this treaty

7 have jeopardized its supreme interests’’.

8 (16) Previous discussions between the United

9 States and Russia, based on Russian President

10 Yeltsin’s proposal for a Global Protection System,

11 envisioned an agreement to amend the ABM Treaty

12 to allow (among other measures) deployment of as

13 many as four ground-based interceptor sites in addi14 tion to the one site permitted under the ABM Trea15 ty and unrestricted exploitation of sensors based

16 within the atmosphere and in space.

17 SEC. 3. NATIONAL MISSILE DEFENSE POLICY.

18 (a) It is the policy of the United States to deploy by

19 the end of 2003 a National Missile Defense system that—

20 (1) is capable of providing a highly-effective de21 fense of the territory of the United States against

22 limited, unauthorized, or accidental ballistic missile

23 attacks; and
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1 (2) will be augmented over time to provide a

2 layered defense against larger and more sophisti3 cated ballistic missile threats as they emerge.

4 (b) It is the policy of the United States to seek a

5 cooperative transition to a regime that does not feature

6 an offense-only form of deterrence as the basis for strate7 gic stability.

8 SEC. 4. NATIONAL MISSILE DEFENSE SYSTEM ARCHITEC9 TURE.

10 (a) REQUIREMENT FOR DEVELOPMENT OF SYS11 TEM.—To implement the policy established in section

12 3(a), the Secretary of Defense shall develop for deploy13 ment an affordable and operationally effective National

14 Missile Defense (NMD) system which shall achieve an ini15 tial operational capability (IOC) by the end of 2003.

16 (b) ELEMENTS OF THE NMD SYSTEM.—The system

17 to be developed for deployment shall include the following

18 elements:

19 (1) An interceptor system that optimizes defen20 sive coverage of the continental United States, Alas21 ka, and Hawaii against limited, accidental, or unau22 thorized ballistic missile attacks and includes one or

23 a combination of the following:

24 (A) Ground-based interceptors.

25 (B) Sea-based interceptors.
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1 (C) Space-based kinetic energy intercep2 tors.

3 (D) Space-based directed energy systems.

4 (2) Fixed ground-based radars.

5 (3) Space-based sensors, including the Space

6 and Missile Tracking System.

7 (4) Battle management, command, control, and

communications (BM/C3 8 ).

9 SEC. 5. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE

10 SYSTEM.

11 The Secretary of Defense shall—

12 (1) upon the enactment of this Act, promptly

13 initiate required preparatory and planning actions

14 that are necessary so as to be capable of meeting the

15 initial operational capability (IOC) date specified in

16 section 4(a);

17 (2) plan to conduct by the end of 1998 an inte18 grated systems test which uses elements (including

BM/C3 19 elements) that are representative of, and

20 traceable to, the national missile defense system ar21 chitecture specified in section 4(b);

22 (3) prescribe and use streamlined acquisition

23 policies and procedures to reduce the cost and in24 crease the efficiency of developing the system speci25 fied in section 4(a); and
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1 (4) develop an affordable national missile de2 fense follow-on program that—

3 (A) leverages off of the national missile de4 fense system specified in section 4(a), and

5 (B) augments that system, as the threat

6 changes, to provide for a layered defense.

7 SEC. 6. REPORT ON PLAN FOR NATIONAL MISSILE DE8 FENSE SYSTEM DEVELOPMENT AND DEPLOY9 MENT.

10 Not later than March 15, 1997, the Secretary of De11 fense shall submit to Congress a report on the Secretary’s

12 plan for development and deployment of a national missile

13 defense system pursuant to this Act. The report shall in14 clude the following matters:

15 (1) The Secretary’s plan for carrying out this

16 Act, including—

17 (A) a detailed description of the system ar18 chitecture selected for development under sec19 tion 4(b); and

20 (B) a discussion of the justification for the

21 selection of that particular architecture.

22 (2) The Secretary’s estimate of the amount of

23 appropriations required for research, development,

24 test, evaluation, and for procurement, for each of

25 fiscal years 1997 through 2003 in order to achieve
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1 the initial operational capability date specified in

2 section 4(a).

3 (3) A cost and operational effectiveness analysis

4 of follow-on options to improve the effectiveness of

5 such system.

6 (4) A determination of the point at which any

7 activity that is required to be carried out under this

8 Act would conflict with the terms of the ABM Trea9 ty, together with a description of any such activity,

10 the legal basis for the Secretary’s determination, and

11 an estimate of the time at which such point would

12 be reached in order to meet the initial operational

13 capability date specified in section 4(a).

14 SEC. 7. POLICY REGARDING THE ABM TREATY.

15 (a) ABM TREATY NEGOTIATIONS.—In light of the

16 findings in section 2 and the policy established in section

17 3, Congress urges the President to pursue high-level dis18 cussions with the Russian Federation to achieve an agree19 ment to amend the ABM Treaty to allow deployment of

20 the national missile defense system being developed for de21 ployment under section 4.

22 (b) REQUIREMENT FOR SENATE ADVICE AND CON23 SENT.—If an agreement described in subsection (a) is

24 achieved in discussions described in that subsection, the

25 President shall present that agreement to the Senate for
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1 its advice and consent. No funds appropriated or otherwise

2 available for any fiscal year may be obligated or expended

3 to implement such an amendment to the ABM Treaty un4 less the amendment is made in the same manner as the

5 manner by which a treaty is made.

6 (c) ACTION UPON FAILURE TO ACHIEVE NEGO7 TIATED CHANGES WITHIN ONE YEAR.—If an agreement

8 described in subsection (a) is not achieved in discussions

9 described in that subsection within one year after the date

10 of the enactment of this Act, the President and Congress,

11 in consultation with each other, shall consider exercising

12 the option of withdrawing the United States from the

13 ABM Treaty in accordance with the provisions of Article

14 XV of that treaty.

15 SEC. 8. ABM TREATY DEFINED.

16 For purposes of this Act, the term ‘‘ABM Treaty’’

17 means the Treaty Between the United States of America

18 and the Union of Soviet Socialist Republics on the Limita19 tion of Anti-Ballistic Missile Systems, and signed at Mos20 cow on May 26, 1972, and includes the Protocols to that

21 Treaty, signed at Moscow on July 3, 1974.

Union Calendar No. 287

104TH CONGRESS

2D SESSION H. R. 3144

[Report No. 104–583, Part I]

A BILL

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

MAY 16, 1996

Committee on International Relations discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the