I
107TH CONGRESS
1ST SESSION
H. R. 2786
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
AUGUST 2, 2001
Mr. MARKEY introduced the following bill; which was referred to the Com-
mittee 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 De-
fense system, and to provide for operationally realistic
testing of the National Defense system against counter-
measures.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Missile De-
fense Deployment Criteria Act of 2001’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The 1972 Anti-Ballistic Missile (ABM)
Treaty prohibits the development or deployment of
space-based, air-based, sea-based, or mobile land-
based antiballistic missile defenses and limits the de-
ployment of fixed land-based defenses to no more
than 100 interceptor missiles deployed at a single
site.
(2) Without the restrictions imposed by the
ABM Treaty, it is unlikely that the United States
and Russia would have been able to have concluded
arms control agreements that have limited and sig-
nificantly reduced the numbers and capabilities of
strategic ballistic missiles deployed by both coun-
tries.
(3) Developing and deploying a National Missile
Defense system would require the United States to
either withdraw from the ABM Treaty or reach
agreements to modify the treaty to allow for such
defenses.
(4) Before any decision is made by the United
States to further proceed with the development, pro-
curement, and deployment of a National Missile De-
fense system, it is essential that the President and
the Congress agree that such actions are necessary
to the national security of the United States.
(5) In assessing the necessity and desirability of
such defenses, the President and Congress must con-
sider the nature of the threat, the feasibility of the
technology to be used to respond to the threat, costs
and impact upon other key defense programs, and
the overall impact on national security, including
arms control.
SEC. 3. LIMITATION ON DEPLOYMENT PENDING CERTIFI-
CATION AND APPROVAL BY LAW.
The National Missile Defense Act of 1999 (Public
Law 106–38) is amended—
(1) in section 2—
(A) by striking ‘‘as soon as is techno-
logically possible’’; and
(B) by striking the period at the end and
inserting ‘‘, but only if—
‘‘(1) the system is technologically feasible;
‘‘(2) the cost of the system in relation to other
priorities of the Department of Defense will not lead
to an overall reduction in national security by reduc-
ing resources available for other defense priorities,
including force preparedness and structure, pro-
grams to protect against weapons of mass destruc-
tion delivered by means other than ballistic missiles,
‘‘(C) the title of which is as follows: ‘Joint reso-
lution relating to deployment of a National Missile
Defense system.’.
‘‘(2) For purposes of this subsection, a qualifying
Member described in this paragraph is—
‘‘(A) in the case of the House of Representa-
tives, the majority leader or minority leader of the
House of Representatives or a Member of the House
of Representatives designated by the majority leader
or minority leader; and
‘‘(B) in the case of the Senate, the majority
leader or minority leader of the Senate or a Member
of the Senate designated by the majority leader or
minority leader.
‘‘(3) The provisions of paragraphs (3) through (8)
of section 4(c) of the National Missile Defense Deploy-
ment Criteria Act of 2001 shall apply to a joint resolution
under this subsection in the same manner as to a joint
resolution under such section.’’.
SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PRO-
CUREMENT 
FOR 
NATIONAL 
MISSILE 
DE-
FENSE SYSTEM.
(a) LIMITATION.—No funds appropriated to the De-
partment of Defense for procurement may be obligated for
the National Missile Defense system unless—
(1) the President submits to Congress a report
concerning testing of the National Missile Defense
system against countermeasures that includes a cer-
tification described in subsection (b); and
(2) a joint resolution concurring in the Presi-
dent’s certification in such report is enacted as pro-
vided for in this section.
(b) PRESIDENTIAL CERTIFICATION.—A certification
described in this subsection is a certification by the Presi-
dent that—
(1) an adequate testing program for the Na-
tional Missile Defense system is in place to meet the
threats identified in the report required under sec-
tion 3(c);
(2) adequate ground and flight testing of the
system has been conducted against the counter-
measures that are likely to be used against the sys-
tem and that other countries have or likely could ac-
quire.
(c) EXPEDITED PROCEDURES FOR JOINT RESOLU-
TION.—(1) For purposes of subsection (a)(2) and this
subsection, the term ‘‘joint resolution’’ means only a joint
resolution introduced by a qualifying Member specified in
paragraph (2) after the date on which the report of the
President under subsection (a)(1) is received by the
Congress—
(A) the matter after the resolving clause of
which is as follows: ‘‘That the Congress hereby con-
curs in the determination of the President relating
to the establishment of a program for operationally
realistic testing against countermeasures for a Na-
tional Missile Defense system as submitted to Con-
gress pursuant to section 4 of the National Missile
Defense Deployment Criteria Act of 2001.’’;
(B) which does not have a preamble; and
(C) the title of which is as follows: ‘‘Joint reso-
lution relating to establishment of a program for
operationally 
realistic 
testing 
against 
counter-
measures for a National Missile Defense system.’’.
(2) For purposes of this subsection, a qualifying
Member described in this paragraph is—
(A) in the case of the House of Representatives,
the majority leader or minority leader of the House
of Representatives or a Member of the House of
Representatives designated by the majority leader or
minority leader; and
(B) in the case of the Senate, the majority lead-
er or minority leader of the Senate or a Member of
the Senate designated by the majority leader or mi-
nority leader.
(3) If a committee to which is referred a joint resolu-
tion described in paragraph (1) has not reported such joint
resolution by the end of 60 legislative days of continuous
session of Congress beginning on the date of its introduc-
tion, such committee shall be discharged from further con-
sideration of such joint resolution and such joint resolu-
tion shall be placed on the appropriate calendar of the
House involved.
(4)(A) A joint resolution described in paragraph (1)
shall be considered in the House of Representatives in ac-
cordance with this paragraph. When the committee to
which such a joint resolution was referred has reported,
or has been discharged from further consideration of, the
joint resolution, it shall be in order, on or after the third
calendar day thereafter (excluding Saturdays, Sundays, or
legal holidays, except when the House of Representatives
is in session on such a day) for any Member of the House
to move to proceed to the consideration of the joint resolu-
tion, but only on the day after the calendar day on which
the Member announces to the House the Member’s inten-
tion to do so. Such motion is privileged and is not debat-
able. The motion is not subject to amendment or to a mo-
tion to postpone. A motion to reconsider the vote by which
the motion is agreed to shall not be in order. If a motion
to proceed to the consideration of the joint resolution is
agreed to, the House shall immediately proceed to consid-
eration of the joint resolution, which shall remain the un-
finished business of the House until disposed of.
(B) Debate on the joint resolution, and on all debat-
able motions and appeals in connection therewith, shall be
limited to not more than two hours, which shall be divided
equally between those favoring and those opposing the
joint resolution. An amendment to the joint resolution is
not in order. A motion further to limit debate is in order
and is not debatable. A motion to table, a motion to post-
pone, or a motion to recommit the joint resolution is not
in order. A motion to reconsider the vote by which the
joint resolution is agreed to or disagreed to is not in order.
(C) Appeals from the decisions of the Chair with re-
spect to the procedure relating to a joint resolution de-
scribed in paragraph (1) shall be decided without debate.
(5) A joint resolution described in paragraph (1) shall
be considered in the Senate in accordance with the provi-
sions of section 601(b)(4) of the International Security
Assistance and Arms Export Control Act of 1976.
(6) If, before the passage by one House of a joint
resolution of that House described in paragraph (1), that
House receives from the other House a joint resolution
described in paragraph (1), then the following procedures
shall apply:
(A) The joint resolution of the other House
shall not be referred to a committee and may not be
considered in the House receiving it except in the
case of final passage as provided in subparagraph
(B)(ii).
(B) With respect to a joint resolution described
in paragraph (1) of the House receiving the joint
resolution—
(i) the procedure in that House shall be
the same as if no joint resolution had been re-
ceived from the other House; but
(ii) the vote on final passage shall be on
the joint resolution of the other House.
(C) Upon disposition of the joint resolution re-
ceived from the other House, it shall no longer be
in order to consider the joint resolution that origi-
nated in the receiving House.
(7) In the computation of the period of 60 days re-
ferred to in paragraph (3)—
(A) a legislative day, with respect to a com-
mittee of either House to which a joint resolution
was referred, is a calendar day on which that House
is in session; and
(B) continuity of session of Congress is broken
only by an adjournment sine die at the end of the
second session of a Congress.
(8) The provisions of this subsection are enacted by
the Congress—
(A) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and, as such, shall be considered as part
of the rules of either House and shall supersede
other rules only to the extent they are inconsistent
therewith; and
(B) with full recognition of the constitutional
right of either House to change the rules so far as
they relate to the procedures of that House at any
time, in the same manner, and to the same extent
as in the case of any other rule of that House.
SEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST
COUNTERMEASURES FOR NATIONAL MISSILE
DEFENSE.
(a) TESTING REQUIREMENTS.—The Secretary of De-
fense 
shall 
direct 
the 
Ballistic 
Missile 
Defense
Organization—
(1) to include in the ground and flight testing
of the National Missile Defense system that is con-
ducted before the system becomes operational any
countermeasures (including decoys) that—
(A) are likely, or at least realistically pos-
sible, to be used against the system; and
(B) are chosen for testing on the basis of
what countermeasure capabilities a long-range
missile could have and is likely to have, taking
into consideration the technology that the coun-
try deploying the missile would have or could
likely acquire; and
(2) to determine the extent to which the
exoatmospheric kill vehicle and the National Missile
Defense system can reliably discriminate between
warheads and such countermeasures.
(b) FUNDING REQUIREMENTS.—The Secretary, in
consultation with the Director of the Ballistic Missile De-
fense Organization, shall—
(1) determine the amount of additional funding,
if any, for the National Missile Defense system (in
addition to that previously programmed) that may
be necessary for the Secretary to fulfill the require-
ments set forth in subsection (a) in fiscal years after
fiscal year 2002; and
(2) submit that determination to the congres-
sional defense committees at the same time that the
President submits the budget for fiscal year 2003 to
Congress under section 1105(a) of title 31, United
States Code.
(c) REPORT BY SECRETARY OF DEFENSE.—(1) The
Secretary of Defense shall submit to Congress, not later
than April 15 each year, an annual report on the Depart-
ment’s efforts to establish a program for operationally re-
alistic testing of the National Missile Defense system
against countermeasures. The report shall be submitted
in both classified and unclassified form.
(2) Each such report shall include the Secretary’s as-
sessment of the following:
(A) The countermeasures available to foreign
countries with ballistic missiles that the National
Missile Defense system could encounter in a launch
of such missiles against the United States.
(B) The ability of the National Missile Defense
system to defeat such countermeasures, including
the ability of the system to discriminate between
countermeasures and reentry vehicles.
(C) The plans to demonstrate the capability of
the National Missile Defense system to defeat such
countermeasures and the adequacy of the ground
and flight testing to demonstrate that capability.
(3) No annual report is required under this sub-
section after the National Missile Defense system becomes
operational.
(d) INDEPENDENT REVIEW PANEL.—(1) The Sec-
retary of Defense shall seek to arrange for the National
Academy of Science to establish an independent panel to
be composed of scientific and technical experts.
(2) The Panel shall assess the following:
(A) The countermeasures available for use
against the United States National Missile Defense
system.
(B) The operational effectiveness of that system
against those countermeasures.
(C) The adequacy of the National Missile De-
fense flight testing program to demonstrate the ca-
pability of the system to defeat the countermeasures.
(3) After conducting the assessment required under
paragraph (2), the Panel shall evaluate—
(A) whether sufficient ground and flight testing
of the system will have been conducted before the
system becomes operational to support the making
of a determination, with a justifiably high level of
confidence, regarding the operational effectiveness of
the system;
(B) whether adequate ground and flight testing
of the system will have been conducted, before the
system becomes operational, against the counter-
measures that are likely, or at least realistically pos-
sible, to be used against the system and that other
countries have or likely could acquire; and
(C) whether the exoatmospheric kill vehicle and
the rest of the National Missile Defense system can
reliably discriminate between warheads and such
countermeasures.
(4) Not later than April 15 each year, the Panel shall
submit to the Secretary of Defense and to Congress a re-
port on its assessments and evaluations. The report shall
include any recommendations for improving the flight test-
ing program for the National Missile Defense system or
the operational capability of the system to defeat counter-
measures that the Panel determines appropriate.
(e) COUNTERMEASURE DEFINED.—In this section,
the term ‘‘countermeasure’’—
(1) means any deliberate action taken by a
country with long-range ballistic missiles to defeat or
otherwise counter a United States National Missile
Defense system; and
(2) includes, among other actions—
(A) use of a submunition released by a bal-
listic missile soon after the boost phase of the
missile;
(B) use of anti-simulation, together with
such decoys as Mylar balloons, to disguise the
signature of the warhead; and
(C) use of a shroud cooled with liquid ni-
trogen to reduce the infrared signature of the
warhead.
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