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[Page: S11153]

On page 59, between lines 11 and 12, insert the following:

(g) ABM Treaty Compliant Capability of Theater Missile Defense Systems: (1) A theater missile defense system, system upgrade, or system component described in paragraph (2) shall be considered as not in violation of the ABM Treaty for purposes of any review or determination of whether a theater missile defense system, system upgrade, or system component complies with the ABM Treaty.

(2) Paragraph (1) applies to a theater missile defense system, system upgrade, or system component that--

(A) has capabilities necessary to counter the most capable theater ballistic missile existing at the time of such review or determination;

(B) has not been tested against a modern strategic ballistic missile; and

(C) has not demonstrated a capability to counter such a modern strategic ballistic missile.

(3) Nothing in this subsection shall be construed as providing that a theater missile defense system, system upgrade, or system component other than those described in paragraph (2) is in violation of the ABM Treaty.

On page 55 of the bill, strike out lines 13-24 and insert in lieu thereof the following:

`(5) That the United States and its allies face existing and expanding threats from ballistic missiles capable of being utilized as theater weapon systems that are presently possessed by, being developed by, or being acquired by a number of countries such as Iraq, Iran, North Korea, and others.

`(6) That some theater ballistic missiles presently deployed or being developed (such as the Chinese-made CSS-2) have capabilities equal to or greater than missiles which had been determined to be strategic missiles 20 years earlier under the U.S.-USSR SALT I Interim Agreement of 1972.

`(7) That the ABM Treaty was not intended to, and 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 their capabilities, unless such systems, system upgrades, or system components are tested against or have demonstrated capabilities to counter modern strategic ballistic missiles.

`(8) That it is a national security priority of the United States to develop and deploy highly effective theater missile defense systems capable of countering the existing and expanding threats posed by modern theater ballistic missiles, as soon as is technically possible.

`(9) That it is essential that the Secretary of Defense immediately undertake and complete compliance reviews of proposed theater missile defense systems, system upgrades, and system components so as to not delay the development and deployment of such highly effective theater missile defense systems.

`(10) That the Secretary of Defense should immediately report to the Congress on any issue which arises during the course of such compliance reviews which appears to indicate that any provision of the ABM Treaty may limit research, development, testing, or deployment by the United States of highly effective theater missile defense systems capable of countering modern theater ballistic missiles.'.