II

105TH CONGRESS

1ST SESSION S. 1387

To authorize additional appropriations for the Department of Defense for

ballistic missile defenses and other measures to counter the emerging

threat posed to the United States and its allies in the Middle East

and Persian Gulf region by the development and deployment of ballistic

missiles by Iran.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 6, 1997

Mr. KYL (for himself and Mrs. HUTCHISON) introduced the following bill;

which was read twice and referred to the Committee on Armed Services

A BILL

To authorize additional appropriations for the Department

of Defense for ballistic missile defenses and other measures to counter the emerging threat posed to the United

States and its allies in the Middle East and Persian

Gulf region by the development and deployment of ballistic missiles by Iran.

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; SUPPLEMENTAL AUTHORIZA4 TIONS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Iran Missile Protection Act of 1997’’.
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1 (b) AUTHORIZATIONS OF SUPPLEMENTAL APPRO2 PRIATIONS.—All amounts authorized to be appropriated

3 by this Act are authorizations of supplemental appropria4 tions for the Department of Defense for fiscal year 1998.

5 SEC. 2. FINDINGS.

6 Congress makes the following findings:

7 (1) The United States has vital interests in the

8 Middle East and Persian Gulf region.

9 (2) The United States maintains a force of ap10 proximately 25,000 military personnel in the Middle

11 East and Persian Gulf region.

12 (3) The United States has many allies and

13 friends in the Middle East and Persian Gulf region.

14 (4) The policies of the current regime in Iran,

15 including the export of terrorism and the pursuit of

16 regional military hegemony, are inimical to the inter17 ests of the United States and its allies and friends.

18 (5) Iran has been aggressively pursuing ballistic

19 missile technology. According to a statement by the

20 Vice President in August 1997, ‘‘It is obvious that

21 there is a vigorous effort by Iran to obtain the tech22 nologies that it needs to build a ballistic missile and

23 to build nuclear weapons.’’

24 (6) The President, in Executive Order 12938,

25 issued on November 14, 1994 and reaffirmed in No-
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1 vember 1995 and November 1996, declared a state

2 of emergency, finding that ‘‘the proliferation of nu3 clear, biological, and chemical weapons and of the

4 means of delivering such weapons, constitutes an un5 usual and extraordinary threat to the national secu6 rity, foreign policy, and economy of the United

7 States . . .’’

8 (7) Iran may achieve theater ballistic missile

9 capabilities capable of striking United States forces,

10 allies, and friends in the Middle East and Persian

11 Gulf regions within one to two years. Department of

12 Defense officials report that Iran is acquiring missile

13 systems and technology from abroad and is develop14 ing two ballistic missile systems. The Assistant Sec15 retary of State for Near Eastern Affairs recently

16 testified that Iran could complete development of its

17 Shahab–3 missile in 12 to 18 months. This threat

18 will grow over time as Iranian missile production ca19 pability matures and missile ranges increase.

20 (8) The United States intelligence community

21 confirms that Iran is achieving the capability de22 scribed in paragraph (7) with substantial assistance

23 from other nations, including Russia. The Director

24 of Central Intelligence reported that ‘‘Russia sup25 plied a variety of ballistic missile-related goods to
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1 foreign countries [in late 1996] . . . especially

2 Iran.’’

3 (9) Currently deployed missile defenses have

4 been designed to meet shorter range, slower missile

5 threats and are not adequate to meet the threat

6 posed by new Iranian ballistic missiles under devel7 opment. The United States and its allies will be vul8 nerable to Iranian missiles after they become oper9 ational and until improved United States and allied

10 missile defenses are deployed.

11 (10) Current theater missile defense plans of

12 the Department of Defense are inadequate to meet

13 the state of emergency declared by the President.

14 The Patriot Advanced Capability (PAC–3) and Navy

15 Area Defense missile defense systems have limited

16 capability against longer-range ballistic missiles. The

17 more capable Theater High-Altitude Area Defense

18 (THAAD) system and Navy Theater-Wide system

19 are not scheduled to be deployed until well after the

20 time by which it is expected that the Iranian missile

21 threat will have matured.

22 (11) It is a matter of the highest national inter23 est to minimize the vulnerability of United States

24 forces, allies, and friends to this threat.
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1 SEC. 3. PURPOSE OF ACT.

2 In light of the findings in section 2, an immediate

3 national response to the emerging Iranian missile threat,

4 consistent with the Presidential declaration of national

5 emergency, is required and is in the highest national inter6 est of the United States.

7 SEC. 4. DETERMINATION OF EXTENT OF RUSSIAN CO8 OPERATION WITH BALLISTIC MISSILE AC9 TIVITIES OF IRAN.

10 (a) DISCUSSION WITH RUSSIA.—The Secretary of

11 Defense shall enter into discussions with the Government

12 of Russia for the purpose of obtaining information on—

13 (1) the extent and technical specifics of co14 operation and assistance by Russia in the develop15 ment by Iran of a ballistic missile capability; and

16 (2) the technical nature of Iranian ballistic mis17 sile capabilities.

18 (b) LIMITATION ON FISCAL YEAR 1998 COOPERA19 TIVE BALLISTIC MISSILE DEFENSE PROJECTS.—(1) The

20 amount described in paragraph (2) may not be obligated

21 until the Secretary of Defense determines, and certifies

22 to Congress, that the Russian government is providing full

23 cooperation to the United States and its allies in the ob24 taining of the information described in subsection (a).

25 Such a certification shall be submitted not later than 30

26 days after the date of such a determination. The Secretary
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1 shall include with the certification a description of the

2 basis for the Secretary’s determination.

3 (2) The amount referred to in paragraph (1) is

4 $3,000,000 of the funds appropriated for fiscal year 1998

5 for Russian cooperative ballistic missile defense projects

6 as part of the amount appropriated for that fiscal year

7 for missile defense programs of the Ballistic Missile De8 fense Organization.

9 SEC. 5. DEPARTMENT OF DEFENSE MEASURES TO

10 COUNTER IRAN BALLISTIC MISSILE THREAT.

11 (a) ACCELERATION OF NAVY THEATER-WIDE MIS12 SILE DEFENSE SYSTEM.—(1) The amount for the Navy

13 Theater-Wide missile defense system described in para14 graph (2) is hereby authorized and may be used to acceler15 ate the development of that system through additional

16 testing and risk reduction.

17 (2) The amount referred to in paragraph (1) is the

18 amount of $65,000,000 appropriated for the Navy Thea19 ter-Wide missile defense system for fiscal year 1998 in the

20 Department of Defense Appropriations Act, 1998, that is

21 in excess of the amount authorized to be appropriated for

22 that system for fiscal year 1998 in the National Defense

23 Authorization Act for Fiscal Year 1998.

24 (b) OTHER BALLISTIC MISSILE DEFENSE MEAS25 URES.—There is hereby authorized to be appropriated for
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1 the Department of Defense for fiscal year 1998 for De2 fense-wide research, development, test, and evaluation

3 $215,000,000, to be available as follows:

4 (1) $20,000,000 for the Joint Composite

5 Tracking Network.

6 (2) $15,000,000 for theater battle management,

command, control, and communications (BM/C3 7 ) to

8 validate the interoperability of the Army’s Theater

9 High-Altitude Area Defense (THAAD) ground-based

10 radar and to accelerate the final phases of develop11 ment leading to operational upgrade of the Aegis

12 Spy–1 radar.

13 (3) $5,000,000 for enhancement of integration

14 activities associated with the capabilities for a rein15 forced theater missile defense family of system archi16 tectures oriented toward the threat in the Middle

17 East and Persian Gulf region.

18 (4) $35,000,000 for two Cobra Gemini radars

19 to improve tracking and target discrimination.

20 (5) $15,000,000 to accelerate the remote

21 launch capability for the Patriot Advanced Capabil22 ity (PAC–3) missile defense system, including use of

23 an existing prototype Theater High-Altitude Area

24 Defense (THAAD) ground-based radar, to enlarge

25 the area defended by that system.
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1 (6) $25,000,000 to be available for production

2 enhancements for the PAC–3 system to accelerate

3 operational deployment of PAC–3 systems.

4 (7) $100,000,000 to be available for additional

5 Theater High-Altitude Area Defense (THAAD) User

6 Operational Evaluation System (UOES) missiles, to

7 provide greater capability to defend against longer8 range Iranian ballistic missiles under development.

9 (c) STUDY OF REGIONAL INFRASTRUCTURE.—Not

10 later than 30 days after the date of the enactment of this

11 Act, the Secretary of Defense shall submit to Congress

12 a report on improvements that could be made to the Unit13 ed States military infrastructure in the Persian Gulf, Mid14 dle East, and surrounding regions to improve the ability

15 of United States Armed Forces to support attack oper16 ations in the Middle East and Persian Gulf. The Secretary

17 shall include in the report the cost of each improvement

18 identified in the report.

19 (d) LIMITATION.—Funds appropriated pursuant to

20 the authorization in subsection (b)(7) may be obligated

21 only after a successful THAAD intercept.

22 SEC. 6. ISRAELI ARROW MISSILE DEFENSE SYSTEM.

23 (a) ADDITIONAL UNITED STATES SUPPORT.—There

24 is hereby authorized to be appropriated for defense-wide

25 research, development, test, and evaluation $110,000,000
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1 to be available for support of the Israeli Arrow tactical

2 ballistic missile defense system, of which—

3 (1) $20,000,000 is for production enhance4 ments to accelerate deployment; and

5 (2) $90,000,000 is for additional missiles in

6 order to provide for more effective territorial cov7 erage.

8 (b) CONGRESSIONAL INTENT CONCERNING ARROW

9 SYSTEM.—The authorization of appropriations for sup10 port of the Israeli Arrow missile defense system under

11 subsection (a) is a one-time authorization for the purpose

12 of protecting a United States ally and United States citi13 zens in the Middle East region in imminent peril.

14 SEC. 7. IMPLEMENTATION REPORT TO CONGRESS; FUND15 ING FLEXIBILITY.

16 (a) REPORT.—Not later than 30 days after the date

17 of the enactment of this Act, the Secretary of Defense

18 shall submit to Congress a report on the Iranian ballistic

19 missile threat in the Middle East and Persian Gulf re20 gions. The report shall include a description of—

21 (1) the Secretary’s plans for implementation of

22 this Act, including the Secretary’s plan for use of

23 funds appropriated pursuant to the authorizations of

24 appropriations in this Act; and
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1 (2) such additional steps as the Secretary con2 siders appropriate to meet the Iranian ballistic mis3 sile threat, including an assessment of the funding

4 implications of each of those additional steps.

5 (b) FUNDING FLEXIBILITY.—If in the report under

6 this section the Secretary of Defense proposes measures

7 to counter the ballistic missile threat posed by Iran and

8 proposes specific funding amounts for those measures as

9 an alternative to the measures and funding authorized by

10 this Act, the measures and funding proposed by the Sec11 retary (within the total amount authorized to be appro12 priated by this Act) shall be considered to be authorized

13 by law for purposes of section 114(a) of title 10, United

14 States Code.

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