,,ii  #aadth ,,congress  #b;d ,session  
,s4 #bhhg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #bh1    
#bjaf ,mr4 ,sullivan introduced the     
following bill2 which was read twice and
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to require the   
,missile ,defense ,agency to conduct    
annual tests of the ground-based        
midcourse defense element of the        
ballistic missile defense system1 and   
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,missile 
,defense ,defend and ,deter ,act of     
#bjaf4  #b4 ,findings ,congress makes   
the following findings3 7#a7 ,it is in  
the highest strategic interest of the   
,united ,states to field a fully        
operational missile defense system to   
defend against threats from             
intercontinental ballistic missiles     
7,i,c,b,ms7 of rogue nations1 including 
,north ,korea and ,iran4  7#b7 ,in the  
past year1 the ,democratic ,people's    
,republic of ,korea tested a nuclear    

weapon and an intercontinental ballistic
 missile and has made claims that it now
 possesses the ability to miniaturize a 
nuclear warhead4  7#c7 ,the ground-based
 midcourse defense 7,,gmd7 element of   
the ballistic missile defense system    
7,,bmds7 is one of the most critical    
capabilities needed to defend the       
,united ,states against threats from    
intercontinental ballistic missiles1    
conventional and nuclear4  7#d7 ,the    
test program of the ,missile ,defense   
,agency provides vital data to          
demonstrate the operational             
effectiveness1 suitability1 and         
survivability of the ballistic missile  
defense system1 and it contributes to   
,united ,states nonproliferation goals  
by sending a very credible message to   
the international community on the      
ability of the ,united ,states to defeat
 ballistic missiles in flight1 thus     
reducing their value to potential       
adversaries4  #c4 ,required testing by  
,missile ,defense ,agency of            

ground-based midcourse defense element  
of ballistic missile defense system  7a7
 ,testing required ,except as provided  
in subsection 7c71 not less frequently  
than once each fiscal year1 the         
,director of the ,missile ,defense      
,agency shall administer an intercept   
flight test of the ground-based         
midcourse defense element of the        
ballistic missile defense system4  7b7  
,requirements ,the ,director shall      
ensure that each test carried out under 
subsection 7a7 provides1 when possible1 
for one or more of the following3  7#a7 
,validation of the operational          
effectiveness of the ground-based       
midcourse defense element of the        
ballistic missile defense system4  7#b7 
,use of assets in their operational     
configuration against an inventory of   
targets to assess all aspects of        
ground-based midcourse defense elements 
of the ballistic missile defense system 
performance in a variety of flight test 
regimes4  7#c7 ,use of operational      

doctrine and real-world constraints4    
7#d7 ,evaluation of new concepts of     
operations and exercising tactics1      
techniques1 and procedures4  7#e7       
,mechanisms to assure the confidence of 
members of the ,armed ,forces in the    
basic design of the ground-based        
midcourse defense element of the        
ballistic missile defense system1 its   
hit-to-kill effectiveness1 and its      
inherent operational capability4  7c7   
,exceptions  7#a7 ,nonintercept test    
,the ,director may forgo a test under   
subsection 7a7 in a fiscal year if the  
,secretary of ,defense1 in consultation 
with the ,director1 determines that     
conducting the test would--  7,a7       
jeopardize national security2  7,b7 not 
be successful due to specific           
ground-based midcourse defense          
components needing a nonintercept test2 
and  7,c7 likely lead to failure due to 
impractical time considerations4  7#b7  
,funding ,the ,director may forgo a test
 under subsection 7a7 in a fiscal year  

if the ,secretary of ,defense1 in       
consultation with the ,director1        
determines that the test is not         
sufficiently funded4  7#c7 ,national    
security waiver  7,a7 ,in general ,the  
,director may forgo a test under        
subsection 7a7 in a fiscal year if the  
,secretary of ,defense1 in consultation 
with the ,director of the ,missile      
,defense ,agency1 ,director of ,national
 ,intelligence1 and the ,commander of   
,united ,states ,northern ,command      
7,,northcom71 determines that the       
provision of testing as described in    
that subsection is detrimental to the   
national security interests of the      
,united ,states4  7,b7 ,notice required 
7i7 ,in general ,not later than #cj days
 after forgoing a test pursuant to      
subparagraph 7,a71 the ,secretary shall 
submit to the congressional defense     
committees notice regarding the foregone
 test4  7ii7 ,elements ,notice submitted
 under clause 7i7 shall include the     
following3  7,i7 ,the rationale for     

forgoing the test4  7,,ii7 ,the national
 security interests of the ,united      
,states preventing the test4  7,,iii7 ,a
 plan to complete the intercept test in 
the following fiscal year1 which does   
not affect testing in following fiscal  
years4  7iii7 ,form ,each notice under  
clause 7ii7 shall be submitted in an    
unclassified form1 but may include a    
classified annex4  7d7 ,congressional   
defense committees defined ,in this     
section1 the term congressional defense 
committees has the meaning given that   
term in section #aja7;a77#af7 of title  
#aj1 ,united ,states ,code4