Sec. 232. Regional ballistic missile defense
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Congress makes the following findings: In the introduction to the Ballistic Missile Defense Review of February 2010, Secretary of Defense Robert Gates wrote that I have made defending against near-term regional threats a top priority of our missile defense plans, programs and capabilities . In describing the threat of regional ballistic missiles, the report of the Ballistic Missile Defense Review stated that there is no uncertainty about the existence of regional threats. They are clear and present.
The threat from short-range, medium-range, and intermediate-range ballistic missiles (SRBMs, MRBMs, and IRBMs) in regions where the United States deploys forces and maintains security relationships is growing at a particularly rapid pace . North Korea has hundreds of regional ballistic missiles, including short-range Scud missiles and medium-range Nodong missiles. North Korea also has publicly displayed, but not flight-tested, intermediate-range Musudan missiles. These regional missiles can reach United States forces and allies in South Korea and Japan, and perhaps Guam.
In the spring of 2013, North Korea made public threats to use nuclear weapons and ballistic missiles against South Korea, Japan, and Guam. In response to these threats from North Korea, the United States deployed Aegis Ballistic Missile Defense ships, armed with Standard Missile–3 interceptors, to the waters near the Korean Peninsula, and a Terminal High Altitude Area Defense (THAAD) battery to Guam. It also deployed the Sea-Based X-band missile defense radar into the Pacific Ocean to enhance United States missile defense capabilities.
On March 15, 2013, Secretary of Defense Hagel announced a series of planned steps to enhance missile defense, including the deployment of a second AN/TPY–2 missile defense radar in Japan to improve regional and homeland defense against North Korean missiles. As part of their response to the provocations of North Korea, South Korea deployed vessels equipped with Aegis missile defense radars, and Japan deployed its Aegis Ballistic Missile Defense ships, equipped with Standard Missile–3 interceptors.
Iran has the largest inventory of regional ballistic missiles in the Middle East, with hundreds of missiles that can reach as far as southeastern Europe and all of the Middle East, including Israel. Iran is improving its existing missiles and developing new and longer-range regional missiles. In September 2009, President Barack Obama announced that he had accepted the unanimous recommendation of the Secretary of Defense and the Joint Chiefs of Staff to establish a European Phased Adaptive Approach
(EPAA)to missile defense, designed to protect deployed United States forces, allies, and partners in Europe against the large and growing threat of ballistic missiles from Iran. In November 2010, at the Lisbon Summit, the North Atlantic Treaty Organization
(NATO)decided to adopt the core mission of missile defense of its population, territory, and forces. The North Atlantic Treaty Organization agreed to enhance its missile defense command and control system, the Active Layered Theater Ballistic Missile Defense, to provide a North Atlantic Treaty Organization command and control capability. This is in addition to voluntary contributions of missile defense capabilities from individual nations. During 2011, the United States successfully implemented Phase 1 of the European Phased Adaptive Approach, including deployment of an AN/TPY–2 radar in Turkey, deployment of an Aegis Ballistic Missile Defense ship in the eastern Mediterranean Sea with Standard Missile–3 Block IA interceptors, and the establishment of a missile defense command and control system in Germany. Phase 2 of the European Phased Adaptive Approach is planned for deployment around 2015, and is planned to include the deployment of Standard Missile–3 Block IB interceptors on Aegis Ballistic Missile Defense ships and at an Aegis Ashore site in Romania. Phase 3 of the European Phased Adaptive Approach is planned for deployment around 2018, and is planned to include the deployment of Standard Missile–3 Block IIA interceptors on Aegis Ballistic Missile Defense ships and at an Aegis Ashore site in Poland. At the North Atlantic Treaty Organization Summit in Chicago in May 2012, the North Atlantic Treaty Organization announced it had achieved an interim capability for the North Atlantic Treaty Organization missile defense system, including initial capability of its Active Layered Theater Ballistic Missile Defense system at a command and control facility in Germany. The United States has a robust program of missile defense cooperation with Israel, including joint development of the Arrow Weapon System and the new Arrow–3 interceptor, designed to defend Israel against ballistic missiles from Iran. These jointly developed missile defense systems are designed to be interoperable with United States ballistic missile defenses, and these interoperable systems are tested in large joint military exercises, such as Austere Challenge in 2012. The United States has also deployed an AN/TPY–2 radar in Israel to enhance missile defense against missiles from Iran. The United States is working with the nations of the Gulf Cooperation Council on enhanced national and regional missile defense capabilities against the growing missile threat from Iran. As part of this effort, the United Arab Emirates plans to purchase two Terminal High Altitude Area Defense batteries, as well as other equipment. During 2012, the United States deployed an AN/TPY–2 radar in the United States Central Command area of responsibility to enhance missile defense capability of forward-deployed United States forces, allies, and partners against missiles from Iran. The United States has a strong program of missile defense cooperation with Japan, including the co-development of the Standard Missile–3 Block IIA interceptor for the Aegis Ballistic Missile Defense system, intended to be deployed in Phase 3 of the European Phased Adaptive Approach, the Japanese fleet of Aegis Ballistic Missile Defense ships using Standard Missile–3 Block IA interceptors, and the United States deployment of two AN/TPY–2 radars in Japan. It is the sense of Congress that— the threat from regional ballistic missiles, particularly from North Korea and Iran, is serious and growing, and puts at risk forward-deployed United States forces, allies, and partners in the Asia-Pacific region, Europe, and the Middle East; the Department of Defense has an obligation to provide force protection of forward-deployed United States forces and facilities from regional ballistic missile attack; the United States has an obligation to meet its security commitments to its allies, including ballistic missile defense commitments; the Department of Defense has a balanced program of investment and capabilities to provide for both homeland defense and regional defense against ballistic missiles, consistent with the Ballistic Missile Defense Review and with the prioritized and integrated needs of the commanders of the combatant commands; elements of United States regional missile defenses enhance and enable the homeland defense capabilities of the United States, including forward-deployed radars and defense of critical forward-deployed missile defense systems; the European Phased Adaptive Approach to missile defense is an appropriate and prudent response to the existing and growing ballistic missile threat from Iran to forward-deployed United States forces, allies, and partners in Europe; the Department of Defense should, as a high priority, continue to develop, test, and plan to deploy Phases 2 and 3 of the European Phased Adaptive Approach, including the planned Aegis Ashore sites in Romania and Poland; the Department of Defense should also continue with its other phased and adaptive regional missile defense efforts tailored to the Middle East and the Asia-Pacific region; European members of the North Atlantic Treaty Organization are making valuable contributions to missile defense in Europe, by hosting elements of United States missile defense systems on their territories, through individual national contributions to missile defense capability, and by collective funding and development of the Active Layered Theater Ballistic Missile Defense system; the actions taken by the Department of Defense to improve its regional missile defense posture in response to the provocative actions and threats of North Korea were prudent and appropriate and demonstrated the flexible and adaptive nature of its regional missile defense capabilities, which allows for surge deployments to meet regional contingencies in a timely manner; and Japan and South Korea are making notable progress in enhancing their missile defense capabilities, in partnership with the United States, to protect against regional missiles from North Korea. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status and progress of regional missile defense programs and efforts. The report required by paragraph
(1)shall include the following: A description of the overall risk assessment from the most recent Global Ballistic Defense Assessment of regional missile defense capabilities relative to meeting the operational needs of the commanders of the geographic combatant commands, including the need for force protection of United States forward-deployed forces and capabilities and for defense of allies and partners. An assessment whether the currently planned European Phased Adaptive Approach and other planned regional missile defense approaches and capabilities of the United States meet the integrated priorities of the commanders of the geographic combatant commands in an affordable and balanced manner. A description of the progress made in the development and testing of elements of systems intended for deployment in Phases 2 and 3 of the European Phased Adaptive Approach, including the Standard Missile–3 Block IB and IIA interceptors and the Aegis Ashore system. A description of the manner in which elements of regional missile defense architectures, such as forward-based X-band radars in Japan, Israel, Turkey, and the area of responsibility of the United States Central Command, contribute to the enhancement of the homeland defense of the United States. A description of the manner in which enhanced integration of offensive military capabilities and defensive missile defense capabilities will fit into regional missile defense planning and force structure assessments. The report required by paragraph
(1)shall be submitted in unclassified form, but may include a classified annex.