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(Ordered referred to the Committee on Armed Services.)

At the end of the bill add the following:

This title may be cited as the `Theater Missile Defense Act of 1995'.

It is the policy of the United States that advanced theater missile defenses should be developed and deployed as soon as possible in order to provide protection for United States military forces stationed or deployed in foreign theaters of operation and for allied forces participating in operations with those United States military forces.

(a) Findings.--Congress finds that a missile defense system, system upgrade, or system component capable of countering modern theater ballistic missiles has not been tested in an ABM mode nor been given capabilities to counter strategic ballistic missiles and, therefore, is not subject to any application, limitation, or obligation under the ABM Treaty unless and until such missile defense system, system upgrade, or system component has been field tested against a ballistic missile which, in that field test, exceeded (1) a range of 3,500 kilometers, or (2) a velocity of 5 kilometers per second.

(b) Prohibition.--Appropriated funds may not be obligated or expended by any official of the Federal Government for the purpose of--

(1) prescribing, enforcing, or implementing any executive order, regulation, or policy that would apply the ABM Treaty, or any limitation or obligation under such treaty, to research, development, testing, or deployment of a theater missile defense system, a theater missile defense system upgrade, or a theater missile defense system component; or

(2) taking any other action to provide for the ABM Treaty, or any limitation or obligation under such treaty, to be applied to research, development, testing, or deployment of a theater missile defense system, a theater missile defense system upgrade, or a theater missile defense system component.

(c) Covered Theater Missile Defenses.--(1) Except as provided in paragraph (2), subsection (b) applies with respect to each missile defense system, missile defense system upgrade, and missile defense system component that is capable of countering modern theater ballistic missiles.

(2) Subsection (b) ceases to apply with respect to a missile defense system, missile defense system upgrade, or missile defense system component when such system, system upgrade, or system component has been field tested against a ballistic missile which, in that test, exceeded (A) a range of 3,500 kilometers, or (B) a velocity of 5 kilometers per second.

(d) ABM Treaty Defined.--In this section, the term `ABM Treaty' means the Treaty Between the United States and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972, and includes to Protocol to that treaty, signed at Moscow on July 3, 1974.

While the other provisions of this title specifically address defenses to counter the growing threat of theater ballistic missiles, Congress also hereby affirms its commitment to ultimately provide the United States with the capability to defend the people and territory of the United States from attack by ballistic missiles.