I

106TH CONGRESS

2D SESSION H. R. 5066

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

JULY 27, 2000

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Missile De5 fense Deployment Criteria Act of 2000’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:
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1 (1) The 1972 Anti-Ballistic Missile (ABM)

2 Treaty prohibits the development or deployment of

3 space-based, air-based, or mobile land-based anti4 ballistic missile defenses and limits the deployment

5 of such defenses to no more than 100 interceptor

6 missiles deployed at a single site.

7 (2) Without the restrictions imposed by the

8 ABM Treaty, it is unlikely that the United States

9 and Russia would have been able to have concluded

10 arms control agreements that have limited and sig11 nificantly reduced the numbers and capabilities of

12 strategic ballistic missiles deployed by both coun13 tries.

14 (3) Developing and deploying a National Missile

15 Defense system would require the United States to

16 either withdraw from the ABM Treaty or reach

17 agreements to modify the treaty to allow for such

18 defenses.

19 (4) Russia has so far been unwilling to agree to

20 modify the ABM Treaty to allow the United States

21 to proceed with plans for a national missile defense.

22 (5) Before any decision is made by the United

23 States to further proceed with the development, pro24 curement, and deployment of a National Missile De25 fense system, it is essential that the President and
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1 the Congress agree that such actions are necessary

2 to the national security of the United States.

3 (6) In assessing the necessity and desirability of

4 such defenses, the President and Congress must con5 sider the nature of the threat, the feasibility of the

6 technology to be used to respond to the threat, costs

7 and impact upon other key defense programs, and

8 the overall impact on national security, including

9 arms control.

10 SEC. 3. LIMITATION ON DEPLOYMENT PENDING CERTIFI11 CATION AND APPROVAL BY LAW.

12 The National Missile Defense Act of 1999 (Public

13 Law 106–38) is amended—

14 (1) in section 2—

15 (A) by striking ‘‘as soon as is techno16 logically possible’’; and

17 (B) by striking the period at the end and

18 inserting ‘‘, but only if—

19 ‘‘(1) the system is technologically feasible;

20 ‘‘(2) the cost of the system in relation to other

21 priorities of the Department of Defense will not lead

22 to an overall reduction in national security by reduc23 ing resources available for other defense priorities,

24 including force preparedness and structure, pro25 grams to protect against weapons of mass destruc-
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1 tion delivered by means other than ballistic missiles,

2 maintenance of existing weapons systems, and intro3 duction of new or modernized weapons systems;

4 ‘‘(3) the system will not diminish overall United

5 States national security, including arms control

6 agreements that have reduced or eliminated numbers

7 and types of nuclear weapons;

8 ‘‘(4) the system will not threaten to disrupt re9 lations with nuclear allies of the United States, Eu10 ropean allies of the United States, Russia (particu11 larly with respect to entry into force of the second

12 and third Strategic Arms Reduction Treaties and

13 the 1972 Anti-Ballistic Missile Treaty), the People’s

14 Republic of China (particularly with respect to in15 creased nuclear arms production), and other nations;

16 and

17 ‘‘(5) the threat of a long-range ballistic missile

18 attack from a nation of concern is clearly dem19 onstrated.’’; and

20 (2) by adding at the end the following new sec21 tion:
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1 ‘‘SEC. 4. LIMITATION ON DEPLOYMENT PENDING CERTIFI2 CATION AND APPROVAL BY LAW.

3 ‘‘(a) LIMITATION.—The President may not direct the

4 Department of Defense to deploy a National Missile De5 fense system unless and until—

6 ‘‘(1) the President submits to Congress a report

7 concerning deployment of the National Missile De8 fense system that includes a certification described

9 in subsection (b); and

10 ‘‘(2) a joint resolution concurring in the Presi11 dent’s certification in such report is enacted as pro12 vided for in this section.

13 ‘‘(b) PRESIDENTIAL CERTIFICATION.—A certification

14 described in this subsection is a certification by the Presi15 dent that each of the deployment conditions specified in

16 paragraphs (1) through (5) of section 2 has been met.

17 ‘‘(c) EXPEDITED PROCEDURES FOR JOINT RESOLU18 TION.—(1) For purposes of subsection (a) and this sub19 section, the term ‘joint resolution’ means only a joint reso20 lution introduced by a qualifying Member specified in

21 paragraph (2) after the date on which the report of the

22 President under subsection (b)(1) is received by the

23 Congress—

24 ‘‘(A) the matter after the resolving clause of

25 which is as follows: ‘That the Congress hereby con26 curs in the certification of the President relating to
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1 deployment of a National Missile Defense system as

2 submitted to Congress pursuant to section 4(b) of

3 the National Missile Defense Act of 1999.’;

4 ‘‘(B) which does not have a preamble; and

5 ‘‘(C) the title of which is as follows: ‘Joint reso6 lution relating to deployment of a National Missile

7 Defense system.’.

8 ‘‘(2) For purposes of this subsection, a qualifying

9 Member described in this paragraph is—

10 ‘‘(A) in the case of the House of Representa11 tives, the majority leader or minority leader of the

12 House of Representatives or a Member of the House

13 of Representatives designated by the majority leader

14 or minority leader; and

15 ‘‘(B) in the case of the Senate, the majority

16 leader or minority leader of the Senate or a Member

17 of the Senate designated by the majority leader or

18 minority leader.

19 ‘‘(3) The provisions of paragraphs (3) through (8)

20 of section 4(c) of the National Missile Defense Deploy21 ment Criteria Act of 2000 shall apply to a joint resolution

22 under this subsection in the same manner as to a joint

23 resolution under such section.’’.
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1 SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PRO2 CUREMENT FOR NATIONAL MISSILE DE3 FENSE SYSTEM.

4 (a) LIMITATION.—No funds appropriated to the De5 partment of Defense for procurement may be obligated for

6 the National Missile Defense system unless—

7 (1) the President submits to Congress a report

8 concerning testing of the National Missile Defense

9 system against countermeasures that includes a cer10 tification described in subsection (b); and

11 (2) a joint resolution concurring in the Presi12 dent’s certification in such report is enacted as pro13 vided for in this section.

14 (b) PRESIDENTIAL CERTIFICATION.—A certification

15 described in this subsection is a certification by the Presi16 dent that—

17 (1) an adequate testing program for the Na18 tional Missile Defense system is in place to meet the

19 threats identified in the report required under sec20 tion 3(c);

21 (2) adequate ground and flight testing of the

22 system has been conducted against the counter23 measures that are likely to be used against the sys24 tem and that other countries have or likely could ac25 quire.
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1 (c) EXPEDITED PROCEDURES FOR JOINT RESOLU2 TION.—(1) For purposes of subsection (a) and this sub3 section, the term ‘‘joint resolution’’ means only a joint res4 olution introduced by a qualifying Member specified in

5 paragraph (2) after the date on which the report of the

6 President under subsection (b)(1) is received by the

7 Congress—

8 (A) the matter after the resolving clause of

9 which is as follows: ‘‘That the Congress hereby con10 curs in the determination of the President relating

11 to the establishment of a program for operationally

12 realistic testing against countermeasures for a Na13 tional Missile Defense system as submitted to Con14 gress pursuant to section 4 of the National Missile

15 Defense Deployment Criteria Act of 2000.’’;

16 (B) which does not have a preamble; and

17 (C) the title of which is as follows: ‘‘Joint reso18 lution relating to establishment of a program for

19 operationally realistic testing against counter20 measures for a National Missile Defense system.’’.

21 (2) For purposes of this subsection, a qualifying

22 Member described in this paragraph is—

23 (A) in the case of the House of Representatives,

24 the majority leader or minority leader of the House

25 of Representatives or a Member of the House of
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1 Representatives designated by the majority leader or

2 minority leader; and

3 (B) in the case of the Senate, the majority lead4 er or minority leader of the Senate or a Member of

5 the Senate designated by the majority leader or mi6 nority leader.

7 (3) If a committee to which is referred a joint resolu8 tion described in paragraph (1) has not reported such joint

9 resolution by the end of 60 legislative days of continuous

10 session of Congress beginning on the date of its introduc11 tion, such committee shall be discharged from further con12 sideration of such joint resolution and such joint resolu13 tion shall be placed on the appropriate calendar of the

14 House involved.

15 (4)(A) A joint resolution described in paragraph (1)

16 shall be considered in the House of Representatives in ac17 cordance with this paragraph. When the committee to

18 which such a joint resolution was referred has reported,

19 or has been discharged from further consideration of, the

20 joint resolution, it shall be in order, on or after the third

21 calendar day thereafter (excluding Saturdays, Sundays, or

22 legal holidays, except when the House of Representatives

23 is in session on such a day) for any Member of the House

24 to move to proceed to the consideration of the joint resolu25 tion, but only on the day after the calendar day on which
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1 the Member announces to the House the Member’s inten2 tion to do so. Such motion is privileged and is not debat3 able. The motion is not subject to amendment or to a mo4 tion to postpone. A motion to reconsider the vote by which

5 the motion is agreed to shall not be in order. If a motion

6 to proceed to the consideration of the joint resolution is

7 agreed to, the House shall immediately proceed to consid8 eration of the joint resolution, which shall remain the un9 finished business of the House until disposed of.

10 (B) Debate on the joint resolution, and on all debat11 able motions and appeals in connection therewith, shall be

12 limited to not more than two hours, which shall be divided

13 equally between those favoring and those opposing the

14 joint resolution. An amendment to the joint resolution is

15 not in order. A motion further to limit debate is in order

16 and is not debatable. A motion to table, a motion to post17 pone, or a motion to recommit the joint resolution is not

18 in order. A motion to reconsider the vote by which the

19 joint resolution is agreed to or disagreed to is not in order.

20 (C) Appeals from the decisions of the Chair with re21 spect to the procedure relating to a joint resolution de22 scribed in paragraph (1) shall be decided without debate.

23 (5) A joint resolution described in paragraph (1) shall

24 be considered in the Senate in accordance with the provi-
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1 sions of section 601(b)(4) of the International Security

2 Assistance and Arms Export Control Act of 1976.

3 (6) If, before the passage by one House of a joint

4 resolution of that House described in paragraph (1), that

5 House receives from the other House a joint resolution

6 described in paragraph (1), then the following procedures

7 shall apply:

8 (A) The joint resolution of the other House

9 shall not be referred to a committee and may not be

10 considered in the House receiving it except in the

11 case of final passage as provided in subparagraph

12 (B)(ii).

13 (B) With respect to a joint resolution described

14 in paragraph (1) of the House receiving the joint

15 resolution—

16 (i) the procedure in that House shall be

17 the same as if no joint resolution had been re18 ceived from the other House; but

19 (ii) the vote on final passage shall be on

20 the joint resolution of the other House.

21 (C) Upon disposition of the joint resolution re22 ceived from the other House, it shall no longer be

23 in order to consider the joint resolution that origi24 nated in the receiving House.
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1 (7) In the computation of the period of 60 days re2 ferred to in paragraph (3)—

3 (A) a legislative day, with respect to a com4 mittee of either House to which a joint resolution

5 was referred, is a calendar day on which that House

6 is in session; and

7 (B) continuity of session of Congress is broken

8 only by an adjournment sine die at the end of the

9 second session of a Congress.

10 (8) The provisions of this subsection are enacted by

11 the Congress—

12 (A) as an exercise of the rulemaking power of

13 the House of Representatives and the Senate, re14 spectively, and, as such, shall be considered as part

15 of the rules of either House and shall supersede

16 other rules only to the extent they are inconsistent

17 therewith; and

18 (B) with full recognition of the constitutional

19 right of either House to change the rules so far as

20 they relate to the procedures of that House at any

21 time, in the same manner, and to the same extent

22 as in the case of any other rule of that House.
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1 SEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST

2 COUNTERMEASURES FOR NATIONAL MISSILE

3 DEFENSE.

4 (a) TESTING REQUIREMENTS.—The Secretary of De5 fense shall direct the Ballistic Missile Defense

6 Organization—

7 (1) to include in the ground and flight testing

8 of the National Missile Defense system that is con9 ducted before the system becomes operational any

10 countermeasures (including decoys) that—

11 (A) are likely, or at least realistically pos12 sible, to be used against the system; and

13 (B) are chosen for testing on the basis of

14 what countermeasure capabilities a long-range

15 missile could have and is likely to have, taking

16 into consideration the technology that the coun17 try deploying the missile would have or could

18 likely acquire; and

19 (2) to determine the extent to which the

20 exoatmospheric kill vehicle and the National Missile

21 Defense system can reliably discriminate between

22 warheads and such countermeasures.

23 (b) FUNDING REQUIREMENTS.—The Secretary, in

24 consultation with the Director of the Ballistic Missile De25 fense Organization, shall—
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1 (1) determine the amount of additional funding,

2 if any, for the National Missile Defense system (in

3 addition to that previously programmed) that may

4 be necessary for the Secretary to fulfill the require5 ments set forth in subsection (a) in fiscal years after

6 fiscal year 2001; and

7 (2) submit that determination to the congres8 sional defense committees at the same time that the

9 President submits the budget for fiscal year 2002 to

10 Congress under section 1105(a) of title 31, United

11 States Code.

12 (c) REPORT BY SECRETARY OF DEFENSE.—(1) The

13 Secretary of Defense shall submit to Congress, not later

14 than April 15 each year, an annual report on the Depart15 ment’s efforts to establish a program for operationally re16 alistic testing of the National Missile Defense system

17 against countermeasures. The report shall be submitted

18 in both classified and unclassified form.

19 (2) Each such report shall include the Secretary’s as20 sessment of the following:

21 (A) The countermeasures available to foreign

22 countries with ballistic missiles that the National

23 Missile Defense system could encounter in a launch

24 of such missiles against the United States.
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1 (B) The ability of the National Missile Defense

2 system to defeat such countermeasures, including

3 the ability of the system to discriminate between

4 countermeasures and reentry vehicles.

5 (C) The plans to demonstrate the capability of

6 the National Missile Defense system to defeat such

7 countermeasures and the adequacy of the ground

8 and flight testing to demonstrate that capability.

9 (3) No annual report is required under this sub10 section after the National Missile Defense system becomes

11 operational.

12 (d) INDEPENDENT REVIEW PANEL.—(1) The Sec13 retary of Defense shall seek to arrange for the National

14 Academy of Science to establish an independent panel to

15 be composed of scientific and technical experts.

16 (2) The Panel shall assess the following:

17 (A) The countermeasures available for use

18 against the United States National Missile Defense

19 system.

20 (B) The operational effectiveness of that system

21 against those countermeasures.

22 (C) The adequacy of the National Missile De23 fense flight testing program to demonstrate the ca24 pability of the system to defeat the countermeasures.
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1 (3) After conducting the assessment required under

2 paragraph (2), the Panel shall evaluate—

3 (A) whether sufficient ground and flight testing

4 of the system will have been conducted before the

5 system becomes operational to support the making

6 of a determination, with a justifiably high level of

7 confidence, regarding the operational effectiveness of

8 the system;

9 (B) whether adequate ground and flight testing

10 of the system will have been conducted, before the

11 system becomes operational, against the counter12 measures that are likely, or at least realistically pos13 sible, to be used against the system and that other

14 countries have or likely could acquire; and

15 (C) whether the exoatmospheric kill vehicle and

16 the rest of the National Missile Defense system can

17 reliably discriminate between warheads and such

18 countermeasures.

19 (4) Not later than April 15 each year, the Panel shall

20 submit to the Secretary of Defense and to Congress a re21 port on its assessments and evaluations. The report shall

22 include any recommendations for improving the flight test23 ing program for the National Missile Defense system or

24 the operational capability of the system to defeat counter25 measures that the Panel determines appropriate.
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1 (e) COUNTERMEASURE DEFINED.—In this section,

2 the term ‘‘countermeasure’’—

3 (1) means any deliberate action taken by a

4 country with long-range ballistic missiles to defeat or

5 otherwise counter a United States National Missile

6 Defense system; and

7 (2) includes, among other actions—

8 (A) use of a submunition released by a bal9 listic missile soon after the boost phase of the

10 missile;

11 (B) use of anti-simulation, together with

12 such decoys as Mylar balloons, to disguise the

13 signature of the warhead; and

14 (C) use of a shroud cooled with liquid ni15 trogen to reduce the infrared signature of the

16 warhead.

Æ