text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Ballistic Missile Defense Act of 
  1996''.
  
  SEC. 2. FINDINGS.
  
      Congress makes the following findings:
              (1) Short-range theater ballistic missiles threaten United 
          States Armed Forces wherever engaged abroad. Therefore, the 
          expeditious deployment of theater missile defenses to intercept 
          ballistic missiles at greater ranges and higher altitudes is 
          the highest priority among all ballistic missile defense 
          programs.
              (2) The United States is developing defensive systems to 
          protect the United States against the threat of limited 
          ballistic missile attacks. Ground-based defensive systems are 
          attainable, compliant with the ABM Treaty, more affordable than 
          spaced-based interceptors or space-based lasers, and can 
          protect all of the United States from limited ballistic missile 
          attack.
              (3) Defending against ballistic missile attacks upon our 
          national territory requires not only missile defenses but arms 
          control agreements and nonproliferation measures that lower the 
          threat and curb the spread of ballistic missile technology.
              (4) The massive retaliatory capability of the United States 
          deterred the Soviet Union, and any other nation, from launching 
          an attack by intercontinental ballistic missiles throughout the 
          Cold War. The Nuclear Posture Review conducted by the 
          Department of Defense affirms the effectiveness of deterrence 
          now and into the future. While the threat of intentional attack 
          upon the United States has receded, the risk of an accidental 
          or unauthorized attack by Russia or China remains but is 
          remote.
              (5) United States arms control agreements (notably the 
          START I Treaty and the START II Treaty, once implemented) will 
          lower the threat to the United States from large-scale nuclear 
          attack. The START I Treaty, when fully implemented, will reduce 
          deployed warheads by over 40 percent below 1990 levels. By the 
          end of 1996, only Russia, among the states of the former Soviet 
          Union, will deploy nuclear weapons. The START II Treaty, if 
          implemented, will reduce warheads deployed in Russia by 66 
          percent below their levels before the Start I Treaty.
              (6) As strategic offensive weapons are reduced, the 
          efficacy and affordability of defensive systems increases, 
          raising the possibility of deterrence based upon effective 
          defenses rather than deterrence based solely upon threat of 
          massive retaliation.
              (7) Countries hostile to the United States (such as Iraq, 
          Iran, North Korea, and Libya) have manifested an interest in 
          developing ballistic missiles capable of reaching the United 
          States. These countries may accelerate the development of long-
  range missiles if they receive external support, but in the absence of 
  outside assistance, newly emerging threats may take as long as 15 years 
  to mature, according to recent intelligence estimates.
              (8) The Nuclear Non-Proliferation Treaty, the Missile 
          Technology Control Regime, the Biological and Chemical Weapons 
          Convention, and continuing United States efforts to enforce 
          export controls will prevent or delay external assistance 
          needed by those countries to develop intercontinental ballistic 
          missiles and weapons of mass destruction.
              (9) The ABM Treaty has added to strategic stability by 
          restraining the requirement on both sides for strategic 
          weapons. At the summit in May 1995, the President of the United 
          States and the President of Russia each reaffirmed his 
          country's commitment to the ABM Treaty.
              (10) Abrogating the ABM Treaty to deploy a noncompliant 
          system will not add to strategic stability if it impedes 
          implementation of the START I or START II Treaty. Without the 
          removal of strategic weapons scheduled by both treaties, the 
          consequences and risks of unauthorized or accidental launches 
          will remain undiminished, as will the potential threat of a 
          large-scale attack capable of overwhelming any defenses 
          deployed.
              (11) If the nuclear arsenal of the United States must be 
          maintained at START I levels, significant unbudgeted costs will 
          be incurred, encroaching on funds for ballistic missile 
          defenses and other defense requirements.
              (12) Should arms control, nonproliferation efforts, and 
          deterrence fail, the United States must be able to defend 
          itself against limited ballistic missile attack.
              (13) Missile defense systems consistent with the ABM Treaty 
          are capable of defending against limited ballistic missile 
          attack. Should a national missile defense system require 
          modification of the ABM Treaty, the treaty establishes the 
          means for the parties to amend the treaty, which the parties 
          have used in the past.
  
  SEC. 3. NATIONAL MISSILE DEFENSE POLICY.
  
      (a) In General.--It is the policy of the United States to develop 
  by the year 2000 a National Missile Defense System that can be deployed 
  in 2003.
      (b) Capability of System.--The National Missile Defense System to 
  be developed pursuant to subsection (a) shall be capable, when 
  deployed, of providing a highly effective defense of the United States 
  against limited ballistic missile attacks.
      (c) Testing Before Deployment.--The system developed pursuant to 
  subsection (a) shall be rigorously tested during development.
      (d) Improvements.--If a decision to deploy the system developed 
  pursuant to subsection (a) is not made by the end of the year 2000, the 
  Secretary of Defense shall ensure that the system is improved by 
  incorporation of evolving technology to increase effectiveness and 
  reduce costs of a subsequent deployment, and that rigorous testing 
  continues.
  
  SEC. 4. BALLISTIC MISSILE DEFENSE PRIORITIES.
  
      The following, in the order listed, shall be the policy of the 
  United States with respect to the priority for development and 
  deployment of ballistic missile defense programs:
              (1) First, maintaining the operational readiness of the 
          Armed Forces, including a good quality of life for 
          servicemembers and their families, and modernization of weapons 
          systems to ensure mission effectiveness in the future.
              (2) Second, as part of such modernization, completing the 
          development and deployment of essential theater missile defense 
          (TMD) systems as soon as practicable.
              (3) Third, developing by the year 2000 for deployment in 
          the year 2003 the system referred to in section 3 and section 
          5(b) and developing for deployment as soon as practicable the 
          space-based sensors described in section 5(c).
  
  SEC. 5. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.
  
      (a) Requirement for National Missile Defense Program.--To implement 
  the policy established in section 3, the Secretary of Defense shall 
  initiate a National Missile Defense Program, which shall position the 
  United States, by the end of the year 2000, to be capable of deploying 
  a National Missile Defense system, as described in section 3(b), within 
  three years.
      (b) Elements of the NMD Program.--The National Missile Defense 
  Program shall include the following elements:
              (1) A ground-based interceptor system that provides 
          coverage of the continental United States (including Alaska) 
          and Hawaii.
              (2) Fixed ground-based radars.
              (3) Space-based sensors.
              (4) Battle management, command, control and communications 
          (BM/C&lt;SUP&gt;3).
  
  SEC. 6. IMPLEMENTATION OF NMD PROGRAM.
  
      The Secretary of Defense shall--
              (1) initiate plans and actions necessary to meet the 
          deployment readiness goals specified in section 5(a);
              (2) conduct rigorous integrated system testing using 
          elements representative of the National Missile Defense 
          architecture referred to in section 5(b);
              (3) prescribe and use streamlined acquisition policies and 
          procedures, in accordance with existing law, to reduce the cost 
          and increase the efficiency of developing the system referred 
          to in section 5(b); and
              (4) develop technologies that have the potential of 
          improving the National Missile Defense system prescribed in 
          section 5(b).
  
  SEC. 7. REPORTING REQUIREMENT.
  
      Not later than March 15, 1997, the Secretary of Defense shall 
  submit to Congress a report on the Secretary's plan for the National 
  Missile Defense Program required by this Act. The report shall include 
  the following matters:
              (1) The Secretary's plan for carrying out this Act, 
          including--
                      (A) a detailed description of the system 
                  architecture selected for development under section 
                  5(b); and
                      (B) a justification of the architecture selected 
                  and reasons for the rejection of the other candidate 
                  architectures.
              (2) The Secretary's estimate of the amount of 
          appropriations required for research, development, test, 
          evaluation, and for procurement, for each of fiscal years 1997 
          through 2003 in order to achieve an initial operational 
          capability in 2003.
              (3) A description of promising technologies to be pursued 
          in accordance with the requirements of section 6(4).
              (4) A determination of the point at which any activity that 
          is required to be carried out under this Act would conflict 
          with the terms of the ABM Treaty, together with a description 
          of any such activity, the legal basis for the Secretary's 
          determination, and an estimate of the time at which such point 
          would be reached in order to meet an initial operating 
          capability in the year 2003.
  
  SEC. 8. POLICY REGARDING REDUCTION OF THE THREAT TO THE UNITED STATES 
                FROM WEAPONS OF MASS DESTRUCTION.
  
      (a) Measures To Address Threats From Weapons of Mass Destruction.--
  In order to defend against weapons of mass destruction by preventing 
  the spread of fissile materials and other components of weapons of mass 
  destruction, the President shall--
              (1) enhance efforts, both unilaterally and in cooperation 
          with other nations, to prevent terrorist organizations from 
          obtaining and using weapons of mass destruction;
              (2) expedite United States efforts to assist the 
          Governments of the Russian Federation, Ukraine, Belarus, and 
          Kazakhstan, as appropriate, in improving the safety, security, 
          and accountability of fissile materials and nuclear warheads;
              (3) undertake additional steps to prevent weapons of mass 
          destruction and their components from being smuggled into the 
          United States, through the use of improved security devices at 
          United States ports of entry, increased numbers of Border 
          Patrol agents, increased monitoring of international borders, 
          and other appropriate measures;
              (4) seek the widest possible international adherence to the 
          Missile Technology Control Regime and pursue to the fullest 
          other export control measures intended to deter and counter the 
          spread of weapons of mass destruction and their components; and
              (5) enhance conventional weapons systems to ensure that the 
          United States possesses effective deterrent and counterforce 
          capabilities against weapons of mass destruction and their 
          delivery systems.
      (b) Measures To Address Threats From ICBMs.--In order to reduce the 
  threat to the United States from weapons of mass destruction delivered 
  by intercontinental ballistic missiles, including accidental or 
  unauthorized launches, the President shall--
              (1) urge the Government and Parliament of the Russian 
          Federation to ratify the START II Treaty as soon as possible, 
          permitting its expeditious entry into force;
              (2) pursue with the Government of the Russian Federation, 
          after START II entry-into-force, a symmetrical program of early 
          deactivation of strategic forces to be eliminated under START 
          II; and
              (3) work jointly with countries possessing intercontinental 
          ballistic missiles to improve command and control technology 
          and operations to the maximum extent practicable.
      (c) Department of Defense Program.--Consistent with, and in order 
  to compelement, the steps to be taken by the President under subsection 
  (a)(3), the Secretary of Defense shall carry out a program to enhance 
  the capabilities of the United States relating to the threat to the 
  United States of a chemical or biological weapons attack inside the 
  United States by unconventional means. In carrying out such program, 
  the Secretary shall take into consideration the assessments and 
  recommendations of the task force established under subsection (d). The 
  activities to be carried out by the Secretary under the program shall 
  include the following:
              (1) Research, development, test, and evaluation of 
          technologies relating to any of the following:
                      (A) Detection of chemical or biological weapons.
                      (B) Interception of such weapons.
                      (C) Protection against such weapons.
                      (D) Response to an attack inside the United States 
                  using such weapons.
                      (E) Decontamination of areas affected by an attack 
                  using such weapons.
              (2) Training of personnel for the activities specified in 
          subparagraphs (A) through (E) of paragraph (1).
              (3) Identification of Federal equipment and technologies 
          that can be transferred from one Federal agency to another 
          agency or to State and local agencies consistent with the 
          purposes of the program under this subsection.
      (d) Interagency Task Force.--(1) There is hereby established in the 
  executive branch an interagency task force to assess, and make 
  recommendations concerning, the capabilities of the United States 
  relating to the threat of a chemical or biological weapons attack 
  inside the United States by unconventional means.
      (2) The task force shall on an ongoing basis assess the current 
  state of the United States with respect to each of the following and 
  shall identify and recommend potential improvements:
              (A) The nature of the threat to the United States of a 
          chemical or biological weapons attack inside the United States 
          by unconventional means.
              (B) Capabilities related to detection and interception of 
          such weapons or the possibility of such an attack.
              (C) Capabilities related to protection against the effects 
          of such an attack.
              (D) Capabilities related to preparedness for, and response 
          to, such an attack.
              (E) Capabilities related to decontamination following such 
          an attack.
              (F) Public education concerning the dangers of such an 
          attack and the appropriate response to such an attack.
      (3) Membership of the task force shall include representatives of 
  the following departments and agencies:
              (A) The Department of Defense.
              (B) The Central Intelligence Agency, but only with respect 
          to assessment of the nature of the threat.
              (C) The Department of Justice, including the Federal Bureau 
          of Investigation and the Immigration and Naturalization 
          Service.
              (D) The Federal Emergency Management Agency.
              (E) The Department of the Treasury, including the Customs 
          Service and the Bureau of Alcohol, Tobacco, and Firearms.
              (F) The Department of Health and Human Services, including 
          the Centers for Disease Control.
      (4) In carrying out its activities, the task force shall consult 
  regularly with, and shall seek the views of, representatives of--
              (A) State and local government law enforcement authorities; 
          and
              (B) State and local government emergency planning 
          authorities.
      (5) Administrative support for the task force shall be provided by 
  the Secretary of Defense.
      (e) Annual Report.--The President shall submit to Congress an 
  annual report on actions by the United States to comply with the 
  provisions of this section. The first such report shall be submitted 
  not later than 180 days after the date of the enactment of this Act.
  
  SEC. 9. POLICY REGARDING THE ABM TREATY.
  
      (a) In General.--The President shall--
              (1) carry out the policies, programs, and requirements of 
          this Act in a manner consistent with the ABM Treaty or through 
          processes specified within the ABM Treaty;
              (2) at an appropriate time, seek amendments to the ABM 
          Treaty, as provided in Articles XIII and XIV of the Treaty, if 
          such amendments are required to deploy the National Missile 
          Defense system prescribed in section 5; and
              (3) treat any negotiated amendment to the ABM Treaty as 
          having entered into force only if such amendment is made in the 
          same manner as a treaty (including the requirement that 
          ratification by the United States is subject to the advice and 
          consent of the Senate).
      (b) Modifications Restricting TMD Systems.--The United States shall 
  not be bound by any amendment or other substantive modification to the 
  ABM treaty that restricts theater ballistic missile defense systems 
  unless--
              (1) that system is actually flight-tested against a 
          ballistic missile that exceeds (A) a range of 3,500 kilometers, 
          or (B) a velocity of 5 kilometers per second; or
              (2) the agreement for such modification is made pursuant to 
          the requirements of section 235 of the National Defense 
          Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
          Stat. 231).
  
  SEC. 10. ABM TREATY DEFINED.
  
      For purposes of this Act, 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.
target: Ballistic Missile Defense Act of 1996 - Declares that it is U.S. policy to develop by the year 2000 a National Missile Defense System (System) that:  (1) can be deployed in 2003; (2) shall be capable of providing a highly effective defense of the United States against limited ballistic missile attacks; and (3) shall be rigorously tested during development. 
  Sets forth, in the following order, U.S. policy regarding the priority for the development and deployment of ballistic missile defense programs:  (1) maintaining the operational readiness of the armed forces and modernization of weapon systems to ensure mission effectiveness in the future; (2) completing the development and deployment of essential theater missile defense systems; and (3) developing the System by the year 2000 for deployment in the year 2003 and developing space-based sensors. 
  Directs the Secretary, in order to implement that policy, to initiate a National Missile Defense Program which shall include:  (1) a ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii; (2) fixed ground-based radars; (3) space-based sensors; and (4) battle management, command, control, and communications.  Specifies Program implementing and reporting requirements. 
  Requires the President to take specified actions to:  (1) defend against weapons of mass destruction by preventing the spread of fissile materials and other components; (2) reduce the threat to the United States from such weapons delivered by intercontinental ballistic missiles (including by urging Russia to ratify the START II Treaty); and (3)  carry out a program to enhance U.S. capabilities relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means (establishes in the executive branch an interagency task force to assess and make recommendations concerning such capabilities). 
  Requires the President to:  (1) carry out requirements of this Act in a manner consistent with the ABM Treaty; (2) seek Treaty amendments necessary to deploy the System; and (3) treat any negotiated Treaty amendment as having entered into force only if it is made in the same manner as a treaty.  Specifies conditions to be satisfied in order for Treaty modifications restricting theater ballistic missile defense systems to be binding on the United States.
feat_title: Ballistic Missile Defense Act of 1996