Modernizing America’s Missile Defense Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1690 To improve United States missile defense, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 23 (legislative day, MAY 22), 2019 Mr. SULLIVAN (for himself and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To improve United States missile defense, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Modernizing America’s 4 Missile Defense Act of 2019’’. 5 SEC. 2. EXPANSION OF NATIONAL MISSILE DEFENSE POL- 6 ICY AND PROGRAM REDESIGNATION. 7 (a) FINDINGS.—Congress finds that the 2019 Missile 8 Defense Review— 9 (1) is fully aligned with the 2017 National Se- 10 curity Strategy (NSS), the 2018 National Defense 11 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1690 IS Strategy (NDS), and the 2018 Nuclear Posture Re- 1 view (NPR); 2 (2) establishes a policy framework for United 3 States missile defense that is responsive to new 4 threats and exploits new approaches to the defensive 5 mission; 6 (3) adopts a balanced and integrated approach 7 to countering missile threats through a combination 8 of deterrence, active and passive missile defenses, 9 and attack operations; 10 (4) is entitled the ‘‘Missile Defense Review’’ 11 (MDR) because of the expanding offensive missile 12 threat includes nonballistic systems, such as ad- 13 vanced cruise missiles and hypersonic weapons; 14 (5) states that the United States, allies, and 15 partners will pursue a comprehensive missile defense 16 strategy that will deliver integrated and effective ca- 17 pabilities to counter ballistic, cruise, and hypersonic 18 missile threats; and 19 (6) hedges against future unanticipated offen- 20 sive missile threats and pledges to develop and field 21 innovative and advanced missile defense capabilities 22 to counter future threats. 23 (b) SENSE OF THE SENATE.—It is the Sense of the 24 Senate that— 25 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1690 IS (1) the United States must continue to pursue 1 a comprehensive missile defense strategy that will 2 deliver integrated and effective capabilities to 3 counter ballistic, cruise, and hypersonic missile 4 threats; 5 (2) adversaries are quickly expanding the capa- 6 bilities of their existing missile systems, adding new 7 and unprecedented types of missile capabilities to 8 their arsenals, and further integrating offensive mis- 9 siles into their coercive threats, military exercises, 10 and war planning; 11 (3) both Russia and China are rapidly enhanc- 12 ing their existing offensive missile systems and de- 13 veloping advanced sea-, ground-, and air-launched 14 cruise missiles as well as hypersonic capabilities; 15 (4) due to the proliferation of offensive ballistic 16 and cruise missiles and the emergence of game- 17 changing hypersonic weapons technologies, all of 18 which threaten regional balances, our allies and 19 partners, United States deployed armed forces, and 20 the United States homeland, missile defenses become 21 an even more critical element of United States strat- 22 egy; and 23 (5) the United States must outpace adversary 24 offensive missile capabilities. 25 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1690 IS (c) EXPANSION OF POLICY.—Section 1681(a) of the 1 National Defense Authorization Act for Fiscal Year 2017 2 (Public Law 114–328; 10 U.S.C. 2431 note) is amended 3 by striking ‘‘ballistic missile threat’’ and inserting ‘‘bal- 4 listic, cruise, and hypersonic missile threats’’. 5 (d) REDESIGNATION REQUIREMENT.—Not later than 6 the date on which the President submits to Congress pur- 7 suant to section 1105 of title 31, United States Code, the 8 annual budget request of the President for fiscal year 9 2021, the Secretary of Defense shall, as the Secretary con- 10 siders appropriate, redesignate all strategies, policies, pro- 11 grams, and systems under the jurisdiction of the Secretary 12 to reflect that missile defense programs of the United 13 States defend against ballistic, cruise, and hypersonic mis- 14 siles in all phases of flight. 15 SEC. 3. ACCELERATION OF THE DEPLOYMENT OF PER- 16 SISTENT SPACE-BASED SENSOR ARCHITEC- 17 TURE. 18 (a) FINDINGS.—Congress makes the following find- 19 ings: 20 (1) The Missile Defense Agency currently oper- 21 ates the Space Tracking and Surveillance System- 22 Demonstration (STSS–D), a two-satellite constella- 23 tion for testing purposes, which uses sensors capable 24 of detecting visible and infrared light and serves as 25 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1690 IS an experimental space tracker for the ballistic mis- 1 sile defense system. 2 (2) Conceptually developed in 2009, the Preci- 3 sion Tracking Space System (PTSS) would have 4 provided the persistent space-based tracking of bal- 5 listic missiles, including object characterization and 6 discrimination, and would have also supported home- 7 land, regional, and theater missile defense. 8 (3) Projected to enter orbit in 2018, the Missile 9 Defense Agency and the Applied Physics Laboratory 10 of Johns Hopkins University is currently conducting 11 a Space-Based Kill Assessment (SKA) experiment, a 12 network of small sensors hosted on commercial sat- 13 ellites, used to collect the energy signature of the im- 14 pact between a ballistic missile threat and an inter- 15 ceptor from the ballistic missile defense system. 16 (4) Section 236 of the National Defense Au- 17 thorization Act for Fiscal Year 2014 (127 Stat. 715; 18 Public Law 113–66) required the Secretary of De- 19 fense to conduct an evaluation of options and alter- 20 natives for future sensor architectures for ballistic 21 missile defense in order to enhance the ballistic mis- 22 sile defense capabilities of the United States. 23 (5) General John Hyten, Commander of the 24 United States Strategic Command, has argued for 25 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1690 IS the ‘‘deployment of a global space-based sensor sys- 1 tem with discrimination capability’’ as a ‘‘critical 2 component to improving the effectiveness of our de- 3 ployed interceptors’’ to ‘‘conduct both the character- 4 ization of these new threats . . . as well as discrimi- 5 nate better and earlier the mid-course element of the 6 threat that exists today’’, and finally to ‘‘target 7 against . . . hypersonic capabilities [and] other ca- 8 pabilities in the boost phase.’’. 9 (6) General O’Shaughnessy, Commander of the 10 United States Northern Command, stated that— 11 (A) ‘‘A space-based sensor network will 12 provide far greater coverage, survivability, and 13 persistence—all of which are necessary to main- 14 taining confidence in our ability to deter, de- 15 tect, and defeat missile threats to the home- 16 land.’’; 17 (B) ‘‘We must take prudent steps now to 18 ensure our next generation defensive capabili- 19 ties to include a space-based sensing layer [are] 20 not late to need.’’; and 21 (C) ‘‘The space-based sensing layer . . . is 22 of the highest urgency [and] that we gain that 23 capability as soon as possible because our ad- 24 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1690 IS versaries are actively developing these weapons 1 as we speak.’’. 2 (7) General Samuel Greaves, a former Director 3 of the Missile Defense Agency, has stated that— 4 (A) space provides the critical vantage 5 point necessary to address rapidly advancing 6 threats across multiple regions of interest and 7 the only vantage point for global persistence to 8 address warfighter requirements; 9 (B) a space-based sensor layer consisting 10 of two separate constellations, one for tracking 11 and discriminating ballistic missiles and one for 12 tracking dim ballistic targets and hypersonic 13 missiles, would enable the United States to use 14 interceptor inventory more efficiently and effec- 15 tively to counter a broad array of threats; and 16 (C) space-based sensors are ‘‘absolutely 17 critical for the real threat that we see in front 18 of us, the hypersonic threat’’. 19 (8) Admiral James Syring, a former Director of 20 the Missile Defense Agency, has stated, ‘‘From a 21 missile defense perspective, we have to develop a fu- 22 ture operational space layer. Given where the threat 23 is going with hypersonics and more ICBMs and so 24 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1690 IS forth this persistent tracking and discrimination ca- 1 pability from space is a must.’’. 2 (9) The Department of Defense’s 2019 Missile 3 Defense Review states that— 4 (A) the exploitation of space provides a 5 missile defense posture that is more effective, 6 resilient, and adaptable to known and unantici- 7 pated threats; 8 (B) space-based sensors, for example, can 9 monitor, detect, and track missile launches 10 from locations almost anywhere on the globe— 11 they enjoy a measure of flexibility of movement 12 that is unimpeded by the constraints that geo- 13 graphic limitations impose on terrestrial sen- 14 sors; and 15 (C) unlike land-based sensors, space sen- 16 sors do not require basing rights or agreements 17 with foreign states enabling them to be placed 18 where necessary to achieve the ideal viewing ge- 19 ometry for launch detection, missile tracking, 20 threat discrimination, and intercept detection/ 21 kill assessment of missile threats to the United 22 States homeland, our forces abroad, and to our 23 allies and partners. 24 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1690 IS (b) SENSE OF CONGRESS.—It is the sense of Con- 1 gress that— 2 (1) the two most recently enacted National De- 3 fense Authorization Acts have expressed support for 4 a space-based missile defense sensor program; 5 (2) the Secretary of Defense should rapidly de- 6 velop and deploy a persistent, space-based sensor ar- 7 chitecture to ensure missile defenses of the United 8 States are more effective against ballistic missile 9 threats and more responsive to emergent threats 10 from hypersonic and cruise missiles; 11 (3) the responsibility for developing and deploy- 12 ing a hypersonic and ballistic tracking space sensor 13 should remain within the Director of the Missile De- 14 fense Agency; and 15 (4) the Director of the Missile Defense Agency 16 should deploy a hypersonic and ballistic tracking 17 space sensor constellation as soon as technically fea- 18 sible. 19 (c) ASSIGNMENT OF PRIMARY RESPONSIBILITY FOR 20 DEVELOPMENT AND DEPLOYMENT OF THE HYPERSONIC 21 AND BALLISTIC TRACKING SPACE SENSOR.—Not later 22 than 30 days after the date of the enactment of this Act, 23 the Secretary shall— 24 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1690 IS (1) assign the Director of the Missile Defense 1 Agency with the principal responsibility for the de- 2 velopment and deployment of a hypersonic and bal- 3 listic tracking space sensor; and 4 (2) submit to the congressional defense commit- 5 tees certification of such assignment. 6 (d) CERTIFICATION REGARDING FUNDING OF 7 HYPERSONIC AND BALLISTIC TRACKING SPACE SENSOR 8 PROGRAM.—At the same time that the President submits 9 to Congress pursuant to section 1105 of title 31, United 10 States Code, the annual budget request of the President 11 for fiscal year 2021, the Under Secretary of Defense 12 Comptroller and the Director for Cost Assessment and 13 Program Evaluation shall jointly certify to the congres- 14 sional defense committees whether the hypersonic and bal- 15 listic tracking space sensor program is sufficiently funded 16 in the Future-Years Defense Program for the Missile De- 17 fense Agency. 18 (e) DEPLOYMENT DEADLINE.—Section 1683(a) of 19 the National Defense Authorization Act for Fiscal Year 20 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is 21 amended— 22 (1) by striking ‘‘(A) IN GENERAL.—’’ and in- 23 serting the following: 24 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1690 IS ‘‘(a) DEVELOPMENT, TESTING, AND DEPLOY- 1 MENT.— 2 ‘‘(1) DEVELOPMENT.—’’; and 3 (2) by adding at the end the following new 4 paragraphs: 5 ‘‘(2) TESTING AND DEPLOYMENT.—The Direc- 6 tor shall begin on-orbit testing of a hypersonic and 7 ballistic tracking space sensor no later than Decem- 8 ber 31, 2021, with full operational deployment as 9 soon as technically feasible thereafter. 10 ‘‘(3) WAIVER.—The Secretary of Defense may 11 waive the deadline for testing specified in paragraph 12 (2) if the Secretary submits to the congressional de- 13 fense committees a report containing— 14 ‘‘(A) the explanation why the Secretary 15 cannot meet such deadline; 16 ‘‘(B) the technical risks and estimated cost 17 of accelerating the program to attempt to meet 18 such deadline; 19 ‘‘(C) an assessment of threat systems that 20 could not be detected or tracked persistently 21 due to waiving such deadline; and 22 ‘‘(D) a plan, including a timeline, for be- 23 ginning the required testing.’’. 24 (f) REPORT ON PROGRESS.— 25 VerDate Sep 11 2014 22:59 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1690.IS S1690 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1690 IS (1) IN GENERAL.—Not later than 90 days after 1 the date of the enactment of this Act, the Secretary 2 of Defense shall submit to the congressional defense 3 committees a report on the progress of all efforts 4 being made by the Missile Defense Agency, the De- 5 fense Advanced Research Projects Agency, the Air 6 Force, and the Space Development Agency relating 7 to space-based sensing and tracking capabilities for 8 missile defense and how each of such organizations 9 will work together to avoid duplication of efforts. 10 (2) FORM.—The re [Text truncated for display. 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