text: .--(1) For purposes 
  of subsection (a)(2) and this subsection, the term `joint resolution' 
  means only a joint resolution introduced by a qualifying Member 
  specified in paragraph (2) after the date on which the report of the 
  President under subsection (a)(1) is received by the Congress--
              ``(A) the matter after the resolving clause of which is as 
          follows: `That the Congress hereby concurs in the certification 
          of the President relating to deployment of a National Missile 
          Defense system as submitted to Congress pursuant to section 
          4(b) of the National Missile Defense Act of 1999.';
              ``(B) which does not have a preamble; and
              ``(C) the title of which is as follows: `Joint resolution 
          relating to deployment of a National Missile Defense system.'.
      ``(2) For purposes of this subsection, a qualifying Member 
  described in this paragraph is--
              ``(A) in the case of the House of Representatives, the 
          majority leader or minority leader of the House of 
          Representatives or a Member of the House of Representatives 
          designated by the majority leader or minority leader; and
              ``(B) in the case of the Senate, the majority leader or 
          minority leader of the Senate or a Member of the Senate 
          designated by the majority leader or minority leader.
      ``(3) The provisions of paragraphs (3) through (8) of section 4(c) 
  of the National Missile Defense Deployment Criteria Act of 2001 shall 
  apply to a joint resolution under this subsection in the same manner as 
  to a joint resolution under such section.''.
  
  SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT FOR NATIONAL 
                MISSILE DEFENSE SYSTEM.
  
      (a) Limitation.--No funds appropriated to the Department of Defense 
  for procurement may be obligated for the National Missile Defense 
  system unless--
              (1) the President submits to Congress a report concerning 
          testing of the National Missile Defense system against 
          countermeasures that includes a certification described in 
          subsection (b); and
              (2) a joint resolution concurring in the President's 
          certification in such report is enacted as provided for in this 
          section.
      (b) Presidential Certification.--A certification described in this 
  subsection is a certification by the President that--
              (1) an adequate testing program for the National Missile 
          Defense system is in place to meet the threats identified in 
          the report required under section 3(c);
              (2) adequate ground and flight testing of the system has 
          been conducted against the countermeasures that are likely to 
          be used against the system and that other countries have or 
          likely could acquire.
      (c) Expedited Procedures for Joint Resolution.--(1) For purposes of 
  subsection (a)(2) and this subsection, the term ``joint resolution'' 
  means only a joint resolution introduced by a qualifying Member 
  specified in paragraph (2) after the date on which the report of the 
  President under subsection (a)(1) is received by the Congress--
              (A) the matter after the resolving clause of which is as 
          follows: ``That the Congress hereby concurs in the 
          determination of the President relating to the establishment of 
          a program for operationally realistic testing against 
          countermeasures for a National Missile Defense system as 
          submitted to Congress pursuant to section 4 of the National 
          Missile Defense Deployment Criteria Act of 2001.'';
              (B) which does not have a preamble; and
              (C) the title of which is as follows: ``Joint resolution 
          relating to establishment of a program for operationally 
          realistic testing against countermeasures for a National 
          Missile Defense system.''.
      (2) For purposes of this subsection, a qualifying Member described 
  in this paragraph is--
              (A) in the case of the House of Representatives, the 
          majority leader or minority leader of the House of 
          Representatives or a Member of the House of Representatives 
          designated by the majority leader or minority leader; and
              (B) in the case of the Senate, the majority leader or 
          minority leader of the Senate or a Member of the Senate 
          designated by the majority leader or minority leader.
      (3) If a committee to which is referred a joint resolution 
  described in paragraph (1) has not reported such joint resolution by 
  the end of 60 legislative days of continuous session of Congress 
  beginning on the date of its introduction, such committee shall be 
  discharged from further consideration of such joint resolution and such 
  joint resolution shall be placed on the appropriate calendar of the 
  House involved.
      (4)(A) A joint resolution described in paragraph (1) shall be 
  considered in the House of Representatives in accordance with this 
  paragraph. When the committee to which such a joint resolution was 
  referred has reported, or has been discharged from further 
  consideration of, the joint resolution, it shall be in order, on or 
  after the third calendar day thereafter (excluding Saturdays, Sundays, 
  or legal holidays, except when the House of Representatives is in 
  session on such a day) for any Member of the House to move to proceed 
  to the consideration of the joint resolution, but only on the day after 
  the calendar day on which the Member announces to the House the 
  Member's intention to do so. Such motion is privileged and is not 
  debatable. The motion is not subject to amendment or to a motion to 
  postpone. A motion to reconsider the vote by which the motion is agreed 
  to shall not be in order. If a motion to proceed to the consideration 
  of the joint resolution is agreed to, the House shall immediately 
  proceed to consideration of the joint resolution, which shall remain 
  the unfinished business of the House until disposed of.
      (B) Debate on the joint resolution, and on all debatable motions 
  and appeals in connection therewith, shall be limited to not more than 
  two hours, which shall be divided equally between those favoring and 
  those opposing the joint resolution. An amendment to the joint 
  resolution is not in order. A motion further to limit debate is in 
  order and is not debatable. A motion to table, a motion to postpone, or 
  a motion to recommit the joint resolution is not in order. A motion to 
  reconsider the vote by which the joint resolution is agreed to or 
  disagreed to is not in order.
      (C) Appeals from the decisions of the Chair with respect to the 
  procedure relating to a joint resolution described in paragraph (1) 
  shall be decided without debate.
      (5) A joint resolution described in paragraph (1) shall be 
  considered in the Senate in accordance with the provisions of section 
  601(b)(4) of the International Security Assistance and Arms Export 
  Control Act of 1976.
      (6) If, before the passage by one House of a joint resolution of 
  that House described in paragraph (1), that House receives from the 
  other House a joint resolution described in paragraph (1), then the 
  following procedures shall apply:
              (A) The joint resolution of the other House shall not be 
          referred to a committee and may not be considered in the House 
          receiving it except in the case of final passage as provided in 
          subparagraph (B)(ii).
              (B) With respect to a joint resolution described in 
          paragraph (1) of the House receiving the joint resolution--
                      (i) the procedure in that House shall be the same 
                  as if no joint resolution had been received from the 
                  other House; but
                      (ii) the vote on final passage shall be on the 
                  joint resolution of the other House.
              (C) Upon disposition of the joint resolution received from 
          the other House, it shall no longer be in order to consider the 
          joint resolution that originated in the receiving House.
      (7) In the computation of the period of 60 days referred to in 
  paragraph (3)--
              (A) a legislative day, with respect to a committee of 
          either House to which a joint resolution was referred, is a 
          calendar day on which that House is in session; and
              (B) continuity of session of Congress is broken only by an 
          adjournment sine die at the end of the second session of a 
          Congress.
      (8) The provisions of this subsection are enacted by the Congress--
              (A) as an exercise of the rulemaking power of the House of 
          Representatives and the Senate, respectively, and, as such, 
          shall be considered as part of the rules of either House and 
          shall supersede other rules only to the extent they are 
          inconsistent therewith; and
              (B) with full recognition of the constitutional right of 
          either House to change the rules so far as they relate to the 
          procedures of that House at any time, in the same manner, and 
          to the same extent as in the case of any other rule of that 
          House.
  
  SEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST COUNTERMEASURES FOR 
                NATIONAL MISSILE DEFENSE.
  
      (a) Testing Requirements.--The Secretary of Defense shall direct 
  the Ballistic Missile Defense Organization--
              (1) to include in the ground and flight testing of the 
          National Missile Defense system that is conducted before the 
          system becomes operational any countermeasures (including 
          decoys) that--
                      (A) are likely, or at least realistically possible, 
                  to be used against the system; and
                      (B) are chosen for testing on the basis of what 
                  countermeasure capabilities a long-range missile could 
                  have and is likely to have, taking into consideration 
                  the technology that the country deploying the missile 
                  would have or could likely acquire; and
              (2) to determine the extent to which the exoatmospheric 
          kill vehicle and the National Missile Defense system can 
          reliably discriminate between warheads and such 
          countermeasures.
      (b) Funding Requirements.--The Secretary, in consultation with the 
  Director of the Ballistic Missile Defense Organization, shall--
              (1) determine the amount of additional funding, if any, for 
          the National Missile Defense system (in addition to that 
          previously programmed) that may be necessary for the Secretary 
          to fulfill the requirements set forth in subsection (a) in 
          fiscal years after fiscal year 2002; and
              (2) submit that determination to the congressional defense 
          committees at the same time that the President submits the 
          budget for fiscal year 2003 to Congress under section 1105(a) 
          of title 31, United States Code.
      (c) Report by Secretary of Defense.--(1) The Secretary of Defense 
  shall submit to Congress, not later than April 15 each year, an annual 
  report on the Department's efforts to establish a program for 
  operationally realistic testing of the National Missile Defense system 
  against countermeasures. The report shall be submitted in both 
  classified and unclassified form.
      (2) Each such report shall include the Secretary's assessment of 
  the following:
              (A) The countermeasures available to foreign countries with 
          ballistic missiles that the National Missile Defense system 
          could encounter in a launch of such missiles against the United 
          States.
              (B) The ability of the National Missile Defense system to 
          defeat such countermeasures, including the ability of the 
          system to discriminate between countermeasures and reentry 
          vehicles.
              (C) The plans to demonstrate the capability of the National 
          Missile Defense system to defeat such countermeasures and the 
          adequacy of the ground and flight testing to demonstrate that 
          capability.
      (3) No annual report is required under this subsection after the 
  National Missile Defense system becomes operational.
      (d) Independent Review Panel.--(1) The Secretary of Defense shall 
  seek to arrange for the National Academy of Science to establish an 
  independent panel to be composed of scientific and technical experts.
      (2) The Panel shall assess the following:
              (A) The countermeasures available for use against the 
          United States National Missile Defense system.
              (B) The operational effectiveness of that system against 
          those countermeasures.
              (C) The adequacy of the National Missile Defense flight 
          testing program to demonstrate the capability of the system to 
          defeat the countermeasures.
      (3) After conducting the assessment required under paragraph (2), 
  the Panel shall evaluate--
              (A) whether sufficient ground and flight testing of the 
          system will have been conducted before the system becomes 
          operational to support the making of a determination, with a 
          justifiably high level of confidence, regarding the operational 
          effectiveness of the system;
              (B) whether adequate ground and flight testing of the 
          system will have been conducted, before the system becomes 
          operational, against the countermeasures that are likely, or at 
          least realistically possible, to be used against the system and 
          that other countries have or likely could acquire; and
              (C) whether the exoatmospheric kill vehicle and the rest of 
          the National Missile Defense system can reliably discriminate 
          between warheads and such countermeasures.
      (4) Not later than April 15 each year, the Panel shall submit to 
  the Secretary of Defense and to Congress a report on its assessments 
  and evaluations. The report shall include any recommendations for 
  improving the flight testing program for the National Missile Defense 
  system or the operational capability of the system to defeat 
  countermeasures that the Panel determines appropriate.
      (e) Countermeasure Defined.--In this section, the term 
  ``countermeasure''--
              (1) means any deliberate action taken by a country with 
          long-range ballistic missiles to defeat or otherwise counter a 
          United States National Missile Defense system; and
              (2) includes, among other actions--
                      (A) use of a submunition released by a ballistic 
                  missile soon after the boost phase of the missile;
                      (B) use of anti-simulation, together with such 
                  decoys as Mylar balloons, to disguise the signature of 
                  the warhead; and
                      (C) use of a shroud cooled with liquid nitrogen to 
                  reduce the infrared signature of the warhead.
target: National Missile Defense Deployment Criteria Act of 2001 - Amends the National Missile Defense Act of 1999 to allow deployment of a national missile defense system (system) only if: (1) the system is technologically feasible; (2) system cost in relation to other Department of Defense (DOD) priorities will not lead to an overall reduction in national security by reducing resources available for other defense priorities; (3) the system will not diminish overall U.S. national security; (4) the system will not threaten to disrupt relations with U.S. nuclear allies, U.S. European allies, Russia, the People's Republic of China, and other nations; and (5) the threat of a long-range ballistic missile attack from a nation of concern is clearly demonstrated.Prohibits the President from directing DOD to deploy a system unless and until: (1) the President certifies to Congress that the above deployment conditions have been met; and (2) a joint resolution is enacted concurring in the President's certification.Prohibits DOD procurement funds from being obligated for a system unless: (1) the President certifies to Congress that adequate system tests have been undertaken to meet identified threats against countermeasures; and (2) a joint resolution is enacted concurring in the President's certification.Requires the Secretary of Defense to direct the Ballistic Missile Defense Organization to: (1) include specified system countermeasures in system ground and flight testing conducted before the system becomes operational; and (2) determine the extent to which the exoatmospheric kill vehicle and the system can reliably discriminate between warheads and such countermeasures.
feat_title: To provide deployment criteria for the National Missile Defense system, and to provide for operationally realistic testing of the National Defense system against countermeasures.