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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

KYL AMENDMENT NO. 4287 (Senate - June 26, 1996)

[Page: S7032]

(Ordered to lie on the table.)

Mr. KYL submitted an amendment intended to be proposed by him to the bill, S. 1745, supra; as follows:

Strike out section 231 and insert in lieu thereof the following new section:

SEC. 231. POLICY ON COMPLIANCE WITH THE ABM TREATY.

(a) Policy Concerning Systems Subject to ABM Treaty.--Congress finds that, unless and until a missile defense system, system upgrade, or system component is flight tested in an ABM -qualifying flight test (as defined in subsection (c)), such system, system upgrade, or system component--

(1) has not, for purposes of the ABM Treaty, been tested in an ABM mode nor been given capabilities to counter strategic ballistic missiles; and

(2) therefore is not subject to any application, limitation, or obligation under the ABM Treaty.

(b) Prohibitions.--(1) Funds appropriated to the Department of Defense may not be obligated or expended for the purpose of--

(A) 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

(B) 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.

(2) This subsection applies with respect to each missile defense system, missile defense system upgrade, or missile defense system component that is capable of countering modern theater ballistic missiles.

(3) This subsection shall cease to apply with respect to a missile defense system, missile defense system upgrade, or missile defense system component when that system, system upgrade, or system component has been flight tested in an ABM -qualifying flight test.

(c) ABM -Qualifying Flight Test Defined.--For purposes of this section, an ABM -qualifying flight test is a flight test against a ballistic missile which, in that flight test, exceeds--

(1) a range of 3,500 kilometers; or

(2) a velocity of 5 kilometers per second.