THE WHITE HOUSE WASHINGTON. December 16, 2002

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10694 THE WHITE HOUSE WASHINGTON December 16, 2002 NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/NSPD-23 MEMORANDUM FOR THE VICE PRESIDENT THE SECRETARY OF STATE THE SECRETARY OF THE TREASURY THE SECRETARY OF DEFENSE THE SECRETARY OF ENERGY DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET CHIEF OF STAFF TO THE PRESIDENT ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS DIRECTOR, OFFICE OF SCIENCE AND TECHNOLOGY POLICY DIRECTOR OF CENTRAL INTELLIGENCE CHAIRMAN OF THE JOINT CHIEFS OF STAFF SUBJECT: National Policy on Ballistic Missile Defense Restructuring our defense and deterrence capabilities to correspond to emerging threats remains Dne of the Administration's highest priorities, and the deployment of missile defenses is anessential component of this broader effort. Changed Security Environment As the events of September 11 demonstrated, the security environment is more complex and less predictable than in the past. We face growing threats from weapons of mass destruction (WMD) in the hands of states or non-state actors, threats that range from terrorism to ballistic missiles intended to intimidate and coerce us by holding our cities hostage o WMD attack. Hostile states, including those that sponsor terrorism, are investing large resources to develop and acquire ballistic missiles of increasing range and sophistication that could be used against the United States and our friends and allies. These same states have chemical, biological, and/or nuclear weapons programs. In fact, one of the factors that make long-range ballistic missiles attractive as a delivery vehicle for weapons of mass destruction is that the United States and our allies lack effective defenses against this threat.

.'.1.. -, 2. '.'- T:t;I~ contemporary and erherging missile threat.from hostile states is.'ftlqciarilentally different from that of the Cold War and requires. cfdf'~:fei;emf. approach t() deterrence and new tools for defense~. The strategic logic of.the past may not apply to these :rlew threats. We cannot be wholly confident in our capability to deter them. Compared to the Soviet Union, their leaderships often are more risk prone. These are leaders fhat also se!= WMD as weapons of choice, not of last resort.. Weapons of mass destruction are their most 1etl;J.al means to compensate for. o11r.. conventional strength and to allow them to pursue their objectiyes through force,. coercion, and intimidation. Deter~ing these thre.ats will be difficult. There are no mutual u:rlderstandings or reliable lines of communication with these.... states. Moreover, the dynamics of deterrence are different than in the Cold War when we sought to keep the Soviet Union from expanding outward. What our new. adversaries seek, is to ke'ep us'(. out of their regiori., leaving them free to supportt~rrorism and ' :..;.;.. to p_ursue ';aggressi9"'n. against the.ir neighbors. By th,eir own qalculati6ns, the ;-leaden:j may believe they can do this. by. ~,,. ho;lding a few.. of our< oities hostage. Our adversaries seek en.d;llgh'+./:~.... '' de'strudti ve cap~bfiit:y' to blackmail us from coming to the. < ~;,. [ ; assistance O'f :our friends who would then become the victims 6:f.,.. aggression~ In r.ecogni tion of these new threats, I have dir~c:t:.ecl'...." that; the ;uhited 's.~.~tes must make progress in. fielding a ne~ tria g composed; Of. longcrange conventional and nuclear strike capa:bilities,missile defenses, and a robust industrialand research'development infrastructure. Some states, such.as North Korea, are aggressively pur~uingthe development'of weapons. of mass destruction and long-range mi::ssfles as: a means of coercing the United States.and our allies. To detersuch threats, we must devalue missiles as tools of.. extortion and aggression, undermining.the confidenc~.of our adversaries that threatening a missile attack would.succeec:i in blackmailing us. In this way, although missile defenses are not a replacement for. an offensive response capability;. they are an added and critical dimension of contemporary deterr ence~ Missile. defenses will also help t.o assure allies and fd.. ends, a.nd to dissuade' countries from pursuing hailistic. missiles in the first instan:c:e by.undermihing their military utility... F:i..'nally ; nistory teaches that~ despite our best efforts;.thef~ will be military surprist;!s, failures. ot diplomacy, inteliigenc~-,... and debii!rtence.. Missile defenses help provide protection agaiii$t'_:~';,, such,>everit_s..,.t: ~. r :.... -.:_ "\,.".... l.~..... ~. ' ' " ::.1.: H...)..).;..., >...,. ~.

;.- c ' 3,, On Jl.lJ..Y 22, 1999,.the National Missile Defense Act of 1999 '(Public La.w 106-3S) was signed into law. This law states, "It.tlle policy of the United States to deploy as soon as is teshn9logically pqssible an effective National Missile Defens~ system capable of defending the territory of the United States aga.inst limited ballistic missile attack (whether accidental, unauthorized, or deliberate) with funding subject to the annual authorization ()f appropriations and the annual appropriation of funds. for National Missile Defense." The Administration's pr'ogram on: missile defense is fully consistent with this policy. Upon taking office, I directed the Secretary of Defense to examine. the full range of available technologies and basing.modes for missile defenses that couldprotect the United States, our deployed forces, and our friends and allies. As I have previously directed, our policy is to develop and deploy, at the earliest possible date; ballistic missile defenses drawing on the best technologies available; The Administration has also eliminated the artificial distinction betwe~~ inational" and "theater" missile defenses. The defenses we will develop and deploy must be capable of riot only defending the United States and our deployedforces, but also friends and allies;... The. clistinction between theater and national defenses was.. largely a product of the ABM Treaty and is outmoded~ For example,. some,of the systems we are pursuing,. such as boost,. phas~ defenses, are intended to be capable of intercepting 'missiles pfall ranges, blurring the d:lstinction between 'theater and national: defenses; and,the terrns "theater" and "national" are interchc:mgeable 'depending on the circumstances, and thus are not a meaningful means of categorizing missile defenses. For example, some of the systems b~:i.ng pursued by the United States to protect deploy~d forces are capable of defending the entire national territory of some friends and allies, thereby meeting the definition of a "national" missile defense system. Buildipg on previous missile defense work, over the pas.t year and a half} the Defense Department has pursued a robust research, development, testing, and evaluatiqn program desi,gned to develop layered defenses capable of intercepting missiles of varying ranges in all phases of flight. The testing regimen employed has

4 become increasingly stressingi and the results of recent tests have.been impressive. Fielding Missile Defenses In light of the changed security environment and progress made to date in our development efforts, the United States plans to begin deployment of a.set of missile defense capabilities in 2004. These capabilities will serve as a starting point for fielding improved and expanded missile defense capabilities later. The Defense Department plans to employ an evolutionary approach to the development and deployment of missile defenses to improve our defenses over time. The United States will not have a final, fixed missile defense architecture. Rather, we will deploy an initial set of capabilities that will evolve to meet the changing threat and to take advantage of technological developments. The composition of missile defenses, to include the number and ' location of systems deployed, will change over time. In August 2002, the Secretary of Defense proposed an evolutionary way ahead for the deployment of missile defenses. The cap~bilities planned for operational use in 2004 and 2005 will include ground~based interceptors, sea-based interceptors, additional Patriot (PAC-3) units, and sensors based on land, at sea, and in space. In addition, the United States will seek permission respectively from the U.K. and Denmark to upgrade early-warning rada~s in Fylingdales and Thule~ Greenland as part of our capability. Under the approach presented by the Secretary of Defense, these capabilities may be improved through additional measures such as: Deployment of additional ground- and sea-based interceptors, and Patriot (PAC-3) units; Initial. deployment of the THAAD and Airborne Laser systems; Development of a family of boost-phase and midcourse hit-tokill interceptors based on se~-, air-, and ground~based platforms;. Enhanced sensor capabilities; and Development and testing of space-based defenses. The Defense Department shall begin to execute the approach proposed by the Secretary of Defense and shall proceed with plans to deploy a set of initial missile defense capabilities beginning in 2004. Recognizing the evolutionary nature of our missile defense program, the Secretary of Defense, as appropriate, shall update me and propose changes.

5 Cooperation with Friends and Allies Because the threats of the 21st century also endanger our friends and allies around the world, it is essential that we work together to defend against these threats. Missile defense cooperation will be a feature of U.S. relations with close, longstanding allies, and an important means to build new relationships with new friends like Russia. The Department of Defense shall develop and deploy missile defenses capable of protecting not only the United States and our deployed forces, but also friends and allies; The Secretary of Defense shall also structure the missile defense program in a manner that encourages industrial participation by friends and allies, consistent with overall U.S. national security; and The Secretaries of Defense and State shall promote international missile defense cooperation, including within bilateral and alliance structures such as NATO, and shall negotiate appropriate arrangements for this purpose. As part of our efforts to deepen missile defense cooperation with friends and allies, the United States shall seek to eliminate unnecessary impediments to such cooperation. The Secretaries of Defense and State shall review existing policies and practices governing technology sharing and cooperation on missile defense, including U.S. export control regulations and statutes, with this aim in mind. They shall issue a report with recommendations for improvements including, if appropriate, proposals for statutory changes within 6 months. This review will be a related, but distinct part of the broader effort to update and strengthen all U.S. export controls, as called for in the National Strategy to Combat Weapons of Mass Destruction. The goal of the Missile Technology Control Regime (MTCR) is to help reduce the global missile threat by curbing the flow of missiles and related technology to proliferators. The MTCR and missile defenses play complementary roles in countering the global missile threat. The United States intends to implement the MTCR in a manner that does not impede missile defense cooperation with friends and allies. In support of these objectives, the Secretaries of Defense and State shall review U.S. policy concerning the impact of U.S. commitments under the MTCR on cooperation and transfers of missile defense systems and technology to other countries and issue a joint report in 6 months on the results of that review. The report should include any recommendations for improvements to existing policies and practices.

6 Conclusion The new strategic challenges of the 21st century require us to think differently, but they also require us to act. The deployment of effective missile defenses is an essential element of the United States' broader efforts to transform our defense and deterrence policies and capabilities to meet the new threats we face. Defending the American people against these new threats is my highest priority as Commander in Chief, and the highest priority of my Administration~.... W. Bush Handwriting 'Pt~\\Natlon Copy 0 George.