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[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>
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