To provide for burdensharing contributions from allied and other friendly foreign countries for the costs of deployment of any United States missile defense system that is designed to protect those countries from ballistic missile attack.

July 17, 2001

Mr. ALLEN introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on Armed Services and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To provide for burdensharing contributions from allied and other friendly foreign countries for the costs of deployment of any United States missile defense system that is designed to protect those countries from ballistic missile attack.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Missile Defense Burdensharing Act of 2001'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The United States has established burdensharing arrangements with Japan, member nations of the North Atlantic Treaty Organization (NATO), and other countries to share the costs of common defense efforts and successfully solicited contributions from several countries to offset costs relating to the Persian Gulf War.

(2) The President has stated that a missile defense system should be deployed to protect allies and other friendly foreign countries as well as the United States.

SEC. 3. DETERMINATION OF SCOPE OF MISSILE DEFENSE SYSTEM; DESIGNATION OF PROTECTED COUNTRIES.

(a) DETERMINATION RELATING TO SCOPE OF MISSILE DEFENSE SYSTEM- Not later than 120 days after the date of the enactment of this Act, the President--

(1) shall determine whether any missile defense system to be developed by the United States is intended to protect the territory of allied or other friendly foreign countries, in addition to the territory of the United States, from ballistic missile attack; and

(2) shall prepare and transmit to Congress a report containing the determination of the President under paragraph (1).

(b) DESIGNATION OF PROTECTED COUNTRIES- If the President makes a determination under subsection (a)(1) that a proposed United States missile defense system is intended to protect the territory of allied or other friendly foreign countries from ballistic missile attack, the President--

(1) shall designate each allied or other friendly foreign country, with respect to which the system is intended to protect, as a protected country for the purposes of this Act, and shall so notify Congress in writing at least 30 days prior to the designation; and

(2) shall notify Congress in writing at least 30 days prior to the termination of a designation of a country.

(c) ADDITIONAL REQUIREMENT WITH RESPECT TO TERMINATION OF DESIGNATION OF PROTECTED COUNTRIES-

(1) IN GENERAL- As part of the notification to Congress with respect to the termination of a designation of a country as a protected country under subsection (b)(2), the President shall include a description of the reasons for the termination, including an assessment of the effect of the termination on the security relations between the country and the United States and on mutual commitments of the United States under bilateral and multilateral security arrangements, such as the North Atlantic Treaty.

(2) NOTIFICATION OF INVOLVED COUNTRIES- The President shall transmit to the government of a country with respect to which the President has terminated the designation of the country as a protected country under subsection (b)(2) a copy of the notification to Congress with respect to such termination.

SEC. 4. BURDENSHARING CONTRIBUTIONS BY PROTECTED COUNTRIES.

(a) SOLICITATION OF CONTRIBUTIONS- The President shall seek financial contributions from each protected country designated by the President under section 3(b)(1) commensurate with the country's proportional share of protection from the United States missile defense system.

(b) USE OF CONTRIBUTIONS- Contributions received pursuant to subsection (a) shall be used to offset costs incurred by the United States for deployment of the missile defense system, including costs relating to procurement, construction, operations, and personnel.

SEC. 5. ANNUAL REPORTS.

(a) REPORT BY SECRETARY OF DEFENSE-

(1) IN GENERAL- The Secretary of Defense, acting through the Ballistic Missile Defense Organization, shall submit to Congress an annual report that--

(A) identifies each foreign country that would receive protection under the missile defense system from ballistic missile attack, irrespective of whether or not the country has been designated by the President under section 3(b)(1) as a protected country; and

(B) describes the nature and extent of the protection for each such foreign country.

(2) FORM- The report shall be submitted in unclassified form, but may contain a classified annex.

(b) REPORT BY THE PRESIDENT- The President shall transmit to Congress as part of the annual budget request a report that--

(1) describes the extent to which each protected country designated by the President under section 3(b)(1) has provided financial contributions to the United States in accordance with section 4(a);

(2) describes the proportion of actual and expected contributions by each protected country as a share of overall costs of the missile defense system; and

(3) describes efforts by the United States to obtain payments from protected countries that have not fully contributed to their share of protection under the missile defense system.

SEC. 6. RULE OF CONSTRUCTION.

In this Act, the term `missile defense system' does not include a theater missile defense system that is designed or deployed to defend elements of the United States Armed Forces that are deployed outside the United States.

END