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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997

CONRAD AMENDMENT NO. 4328

(Senate - June 26, 1996)

[Page: S7039]

(Ordered to lie on the table.)

Mr. CONRAD submitted an amendment intended to be proposed by him to amendment No. 4236 submitted by Mr. Kyl to the bill, S. 1745, supra; as follows:

Beginning on the first page, strike out line

and all that follows and insert in lieu thereof the following:

Subtitle --Ballistic Missile Defense

SEC. 1. GENERAL POLICY.

The Secretary of Defense shall initiate preparations that would enable the deployment of an affordable national missile defense system that would be operational by 2003.

SEC. 2. SYSTEM REQUIREMENTS AND ARCHITECTURE.

(a) System Requirements.--The national missile defense system authorized shall be a system that--

(1) is effectively capable of defending all 50 States against a limited ballistic missile attack;

(2) complies with the arms control treaties applicable to the United States;

(3) can reach initial operational capability within six years after the date of the enactment of this Act;

(4) limits cost by maximizing use of existing infrastructure and technology;

(5) is capable of reliably countering a nearly simultaneous attack composed of, at most, five warheads; and

(6) is fully consistent with current United States strategic defense policy and acquisition strategy.

(b) Stystem Architecture.--The national missile defense system authorized under subsection (a) shall consist of the following components:

(1) An interceptor system that--

(A) utilizes kinetic kill vehicles atop intercontinental ballistic missiles in existence on the date of the enactment of this Act that are launchable from silos existing on such date; and

(B) is capable of defending all 50 States from a single field of ground-based interceptors.

(2) Early warning radars and other fixed ground-based radars that are in existence on the date of the enactment of this Act or are based on existing designs, upgraded as necessary.

(3) Space-based sensors in existence on such date.

(4) To the maximum extent possible, battle management, command, control, and communications systems that are in existence on such date.

SEC. 3. PLANNING AND DEVELOPMENT ACTIVITIES BEFORE EMERGENCE OF NEED FOR DEPLOYMENT.

The Secretary of Defense shall--

(1) initiate or continue the planning that is necessary to achieve, consistent with the requirements
set forth in section 2(a), initial operational capability of a national missile defense system described in section 2(b); and

(2) plan to conduct an integrated systems test of such a system within three years after the date of the enactment of this Act.

SEC. 4. REPORT ON THREAT AND NECESSARY DEFENSES.

(a) Report Required.--Not later than one year after the date of the enactment of this Act, the President or the Secretary of Defense shall submit to Congress a report on--

(1) the threat of--

(A) a limited, unauthorized ballistic missile attack on the United States; or

(B) a limited, accidental ballistic missile attack on the United States; and

(2) the defenses necessary to counter the limited threat.

(b) Content of Report.--The report shall include the following:

(1) A detailed description of the extent of--

(A) the existing threat of attack by rogue foreign states; and

(B) the existing threat of an unauthorized or accidental attack by a foreign state that is an established nuclear power.

(2) A detailed description of the probable development of the threat and a discussion of the reliability of the evidence supporting that description.

(3) A discussion of whether, in order to defend the United States effectively against the limited threat--

(A) it is sufficient to deploy a system capable of defending against five warheads nearly simultaneously; or

(B) it is necessary to deploy a more robust system with up to 100 interceptors.

(4) A discussion of any adjustments to the other elements of the missile defense program of the Department of Defense that are necessary in order to accommodate deployment of the necessary system (taking into consideration projections regarding the technological evolution of the emerging ballistic missile threat).

(c) Form of Report.--A report under this section may be submitted in classified form.

SEC. 5. SENSE OF CONGRESS REGARDING MODIFICATION OF THE ABM TREATY.

It is the sense of Congress that--

(1) some level of consultation between the parties to the ABM Treaty (as well as other arms control agreements) could be necessary to implement a limited national missile defense provided for under this subtitle; and

(2) the President should undertake such consultations to agree, in a manner that does not necessitate advice and consent of the Senate, upon a limited redefinition or clarification of the ABM Treaty as it relates to the deployment of a limited national missile defense described in section 2.

SEC. 6. ABM TREATY DEFINED.

For purposes of this subtitle, 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 Protocols to that Treaty signed at Moscow on July 3, 1974, and all Agreed Statements and amendments to such Treaty in effect.