[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 430 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 430
To provide for compliance enforcement regarding Russian violations of
the Intermediate-Range Nuclear Forces (INF) Treaty, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2017
Mr. Cotton (for himself, Mr. Johnson, and Mr. Rubio) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To provide for compliance enforcement regarding Russian violations of
the Intermediate-Range Nuclear Forces (INF) Treaty, 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 ``Intermediate-Range Nuclear Forces
(INF) Treaty Preservation Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Select Committee on Intelligence, the
Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the
Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of
the House of Representatives.
(2) INF treaty.--The term ``INF Treaty'' means the Treaty
between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of their Intermediate-
Range and Shorter-Range Missiles, signed at Washington, DC, on
December 8, 1987, and entered into force June 1, 1988.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) New start treaty.--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 at Prague April 8, 2010,
and entered into force February 5, 2011.
(5) Open skies treaty.--The term ``Open Skies Treaty''
means the Treaty on Open Skies, done at Helsinki March 24,
1992, and entered into force January 1, 2002.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The 2014, 2015, and 2016 Department of State reports
entitled, ``Adherence to and Compliance with Arms Control,
Nonproliferation, and Disarmament Agreements and Commitments'',
all stated that the United States has determined that ``the
Russian Federation is in violation of its obligations under the
INF Treaty not to possess, produce, or flight-test a ground-
launched cruise missile (GLCM) with a range capability of 500
km to 5,500 km, or to possess or produce launchers of such
missiles''.
(2) The 2016 report also noted that ``the cruise missile
developed by Russia meets the INF Treaty definition of a
ground-launched cruise missile with a range capability of 500
km to 5,500 km, and as such, all missiles of that type, and all
launchers of the type used or tested to launch such a missile,
are prohibited under the provisions of the INF Treaty''.
(3) Potential consistency and compliance concerns regarding
the INF Treaty noncompliant GLCM have existed since 2008, were
not officially raised with the Russian Federation until 2013,
and were not briefed to the North Atlantic Treaty Organization
(NATO) until January 2014.
(4) The United States Government is aware of other
consistency and compliance concerns regarding Russia actions
vis-a-vis its INF Treaty obligations.
(5) Since 2013, senior United States officials, including
the President, the Secretary of State, and the Chairman of the
Joint Chiefs of Staff have raised Russian noncompliance with
the INF Treaty to their counterparts, but no progress has been
made in bringing the Russian Federation back into compliance
with the INF Treaty.
(6) In April 2014, General Breedlove, the Supreme Allied
Commander Europe, correctly stated, ``A weapon capability that
violates the INF, that is introduced into the greater European
land mass, is absolutely a tool that will have to be dealt with
. . . It can't go unanswered.''.
(7) The Department of Defense, in its September 2013
report, Report on Conventional Prompt Global Strike Options if
Exempt from the Restrictions of the Intermediate-Range Nuclear
Forces Treaty Between the United States of America and the
Union of Soviet Socialist Republics, stated that it has
multiple validated military requirement gaps due to the
prohibitions imposed on the United States as a result of its
compliance with the INF Treaty.
(8) It is not in the national security interests of the
United States to be legally prohibited from developing dual-
capable ground-launched cruise missiles with ranges between 500
and 5,500 kilometers, while Russia makes advances in developing
and fielding this class of weapon systems.
(9) A material breach of the INF Treaty by the Russian
Federation affords the United States the right to invoke such
breach as grounds for suspending the operation of the treaty in
whole or in part.
SEC. 4. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN VIOLATIONS OF THE INF
TREATY.
(a) Statement of United States Policy.--It is the policy of the
United States as follows:
(1) The actions undertaken by the Russian Federation in
violation of the INF Treaty constitute a material breach of the
treaty.
(2) In light of the Russian Federation's material breach of
the INF Treaty, the United States is legally entitled to
suspend the operation of the INF Treaty in whole or in part for
so long as the Russian Federation continues to be in material
breach.
(3) For so long as the Russian Federation remains in
noncompliance with the INF Treaty, the United States should
take actions to bring the Russian Federation back into
compliance, including--
(A) providing additional funds to the activities
and systems identified in section 1243(d) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1062);
(B) the establishment of a program of record for a
dual-capable road-mobile ground-launched cruise missile
system with a maximum range of 5,500 kilometers; and
(C) aggressively seeking additional missile defense
assets in the European theater to protect United States
and NATO forces from the Russian INF Treaty
noncompliant Ground Launch Cruise Missile.
(b) Authorization of Additional Appropriations.--In addition to any
other amounts authorized to be appropriated for such purposes, there
are authorized to be appropriated--
(1) $500,000,000 for fiscal year 2017 for--
(A) the development of active defenses to counter
ground launched missile systems with ranges between 500
and 5,500 kilometers;
(B) counterforce capabilities to prevent attacks
from these missiles;
(C) facilitating the transfer to allied countries
of missile systems with ranges between 500 and 5,500
kilometers; and
(D) countervailing strike capabilities to enhance
United States forces identified in section 1243(d) of
the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1062); and
(2) $100,000,000 for activities undertaken to advance the
policy described in subsection (a)(3)(B), including research,
development, and evaluation activities.
SEC. 5. DEVELOPMENT OF INF RANGE GROUND LAUNCHED MISSILE SYSTEM.
(a) Establishment of a Program of Record.--The Secretary of Defense
shall establish a program to develop a dual-capable road-mobile ground-
launched cruise missile system with a range of between 500 to 5,500
kilometers. The system should be available for a flight test not later
than one year after the date of the enactment of this Act.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the cost, schedule, and
feasibility to modify the Tomahawk, Standard Missile-3, Standard
Missile-6, Long-Range Stand Off Cruise Missile, and Army Tactical
Missile System missiles for ground-launch with a range of between 500
and 5,500 kilometers.
SEC. 6. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION
DEVELOPMENT OF NONCOMPLIANT SYSTEMS.
Not later than 15 days after the date of the enactment of this Act,
and every 90 days thereafter for five years, the Director of National
Intelligence shall submit to the appropriate congressional committees
and the President a report including a determination whether the
Russian Federation has flight tested, produced, or possesses a system
that is inconsistent with the INF Treaty and has reached Initial
Operational Capability, is deployed, or is about to be deployed.
SEC. 7. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES.
None of the funds authorized to be appropriated or otherwise made
available for fiscal year 2017 or any other fiscal year may be
obligated or expended to extend the New START Treaty, permit Russian
flights over the United States or United States allies pursuant to the
Open Skies Treaty, or permit the approval of new or updated
implementation decisions through the Open Skies Consultative Commission
unless the President certifies to the appropriate congressional
committees that the Russian Federation has verifiably eliminated all
missiles that are in violation of or may be inconsistent with the INF
treaty.
SEC. 8. REPORT ON ANTI-AIR WARFARE DEFENSE CAPABILITY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the appropriate congressional
committees a report on the number and location of AEGIS Ashore sites
with anti-air warfare (AAW) capability necessary in Asia and Europe to
defend deployed forces of the United States and United States allies
from Russian ground launched missile systems with a range of 500 to
5,500 kilometers.
SEC. 9. REVIEW OF RS-26 BALLISTIC MISSILE.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
conduct a review of the RS-26 Ballistic Missile System.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report on the
review conducted under subsection (a). The report shall include--
(1) a determination whether the RS-26 Ballistic Missile is
covered under the New START Treaty or is a violation of the INF
Treaty because it has been flight-tested to ranges covered by
the INF treaty in more than one warhead configuration; and
(2) if it is determined that the RS-26 is covered under the
New START Treaty, a determination whether the Russian
Federation--
(A) has agreed through the Bilateral Consultative
Commission that such a system is limited under the New
START central limits; and
(B) has agreed to an exhibition of such a system.
(c) Effect of Determination.--If the Secretary of State, with the
concurrence of the Secretary of Defense and the Director of National
Intelligence, determines that the RS-26 is covered under the New START
Treaty and that the Russian Federation has not taken the steps
described under subsection (b)(2), the United States Government shall
consider for purposes of all policies and decisions that the Russian
Federation is in violation of the INF Treaty.
SEC. 10. UNITED STATES ACTIONS REGARDING MATERIAL BREACH OF INF TREATY
BY THE RUSSIAN FEDERATION.
(a) Declaration of Policy.--Congress declares that because of the
Russian Federation's violations of the INF Treaty, including the
flight-test, production, and possession of prohibited systems, its
actions have defeated the object and purpose of the INF Treaty, and
thus constitute a material breach of the INF Treaty.
(b) Report.--Not later than 15 months after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that contains a determination of the
President of whether the Russian Federation has flight-tested,
produced, or is in possession of a ground-launched cruise missile or
ground-launched ballistic missile with a range of between 500 and 5,500
kilometers during each of the four consecutive 90-day periods beginning
on the date of the enactment of this Act.
(c) United States Actions.--If the determination of the President
contained in the report required to be submitted under subsection (b)
is that the Russian Federation has flight-tested, produced, or is in
possession of any missile described in subsection (b) during each of
the periods described in subsection (b), the President shall--
(1) suspend the application of the INF Treaty with respect
to the United States; and
(2) notify the other state parties to the INF Treaty that
the Russian Federation is in material breach of the INF Treaty
and of the decision of the United States to suspend the
application of the INF Treaty with respect to the United
States.
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