[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4125 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4125
To ensure the effectiveness of the missile defense system of the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2012
Mr. Brooks (for himself, Mr. Rogers of Alabama, Mr. Jones, Mr. Turner
of Ohio, and Mr. Franks of Arizona) introduced the following bill;
which was referred to the Committee on Armed Services, and in addition
to the Committee on Foreign Affairs, 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
_______________________________________________________________________
A BILL
To ensure the effectiveness of the missile defense system of the United
States, and for other purposes.
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 ``Protecting U.S. Missile Defense
Information Act of 2012''.
SEC. 2. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN FEDERATION WITH
ACCESS TO MISSILE DEFENSE TECHNOLOGY.
(a) Limitation on Funds for Classified Technology and Data.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense may be
used to provide the Russian Federation with access to
information that is classified or was classified as of January
2, 2012, regarding--
(A) missile defense technology of the United
States, including hit-to-kill technology; or
(B) data, including sensitive technical data,
warning, detection, tracking, targeting, telemetry,
command and control, and battle management data, that
support the missile defense capabilities of the United
States.
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date of
the enactment of this Act.
(b) Limitation on Funds for Other Technology and Data.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense may be
used to provide the Russian Federation with access to missile
defense technology or technical data not described in
subsection (a) unless--
(A) the President submits to the appropriate
congressional committees--
(i) a report that contains a description
of--
(I) the specific missile defense
technology or technical data to be
provided to the Russian Federation, the
reasons for providing such technology
or data, and how the technology or
technical data is intended to be used;
(II) the measures necessary to
protect the technology or technical
data;
(III) the specific missile defense
technology or technical data of the
Russian Federation that the Russian
Federation is providing the United
States with access to; and
(IV) the status and substance of
discussions between the United States
and the Russian Federation on missile
defense matters; and
(ii) written certification by the President
that providing the Russian Federation with
access to such missile defense technology or
technical data--
(I) includes an agreement on
prohibiting access to such technology
or data by any other country or entity;
(II) will not enable the
development of countermeasures to any
missile defense system of the United
States or otherwise undermine the
effectiveness of any such missile
defense system; and
(III) will correspond to equitable
access by the United States to missile
defense technology or technical data of
the Russian Federation; and
(B) a period of 30 days has elapsed following the
date on which the President submits to the appropriate
congressional committees the report and written
certification under subparagraph (A).
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date of
the enactment of this Act.
(c) Form.--The report described in clause (i) of subsection
(b)(1)(A) and the certification described in clause (ii) of such
subsection shall be submitted in unclassified form, but may contain a
classified annex, if necessary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 3. INTERNATIONAL AGREEMENTS RELATING TO MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that an
agreement regarding missile defense cooperation between the United
States and the Russian Federation that is negotiated with the Russian
Federation through the North Atlantic Treaty Organization (``NATO'') or
a provision to amend the charter of the NATO-Russia Council, should not
be considered legally or politically binding unless the agreement is--
(1) specifically approved with the advice and consent of
the Senate pursuant to article II, section 2, clause 2 of the
Constitution; or
(2) specifically authorized by an Act of Congress.
(b) Missile Defense Agreements.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 130f. International agreements relating to missile defense
``(a) In General.--In accordance with the understanding under
subsection (b)(1)(B) of the Resolution of Advice and Consent to
Ratification of the New START Treaty of the Senate, any agreement with
a country or international organization or amendment to the New START
Treaty (including an agreement made by the Bilateral Consultative
Commission established by the New START Treaty) concerning the
limitation of the missile defense capabilities of the United States
shall not be binding on the United States, and shall not enter into
force with respect to the United States, unless after the date of the
enactment of this section, such agreement or amendment is--
``(1) specifically approved with the advice and consent of
the Senate pursuant to article II, section 2, clause 2 of the
Constitution; or
``(2) specifically authorized by an Act of Congress.
``(b) Annual Notification.--Not later than January 31 of each year,
beginning in 2013, the President shall submit to the congressional
defense committees and the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives a
notification of--
``(1) whether the Russian Federation has recognized during
the previous year the sovereign right of the United States to
pursue quantitative and qualitative improvements in missile
defense capabilities; and
``(2) whether during any treaty negotiations or other
Government-to-Government contacts between the United States and
the Russian Federation (including under the auspices of the
Bilateral Consultative Commission established by the New START
Treaty) during the previous year a representative of the
Russian Federation suggested that a treaty or other
international agreement include, with respect to the United
States--
``(A) restricting missile defense capabilities,
military capabilities in space, or conventional prompt
global strike capabilities; or
``(B) reducing the number of non-strategic nuclear
weapons deployed in Europe.
``(c) New START Treaty Defined.--In this section, the term `New
START Treaty' means the Treaty between the United States of America and
the Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130e the following new item:
``130f. International agreements relating to missile defense.''.
(c) Defense Technology Cooperation Agreements.--
(1) In general.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350n. Defense technology cooperation agreements between the
United States and the Russian Federation
``(a) In General.--None of the funds made available for fiscal year
2012 or any fiscal year thereafter for the Department of Defense may be
used to implement a defense technology cooperation agreement entered
into between the United States and the Russian Federation until a
period of 60 days has elapsed following the date on which the President
transmits such agreement to the congressional defense committees.
``(b) Defense Technology Cooperation Agreement Defined.--In this
section, the term `defense technology cooperation agreement' means a
cooperative agreement related to research and development entered into
under section 2358 of this title or any other provision of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2350m the following new item:
``2350n. Defense technology cooperation agreement between the United
States and the Russian Federation.''.
(d) Limitation on Missile Defense Negotiation.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense or the
Department of State may be used for travel expenses related to
discussing missile defense matters with the Russian Federation
until the date that is 30 days after the date on which the
President transmits to the appropriate congressional committees
the draft agreement discussed between the United States and the
Russian Federation at Deauville, France, in May 2011.
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date of
the enactment of this Act.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
<all>