I 112th CONGRESS 2d Session H. R. 4125 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.

1.

Short title

This Act may be cited as the Protecting U.S. Missile Defense Information Act of 2012.

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.

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:

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:

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.