I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting U.S. Missile 

5 Defense Information Act of 2012’’. 


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1 SEC. 2. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN 

2 FEDERATION WITH ACCESS TO MISSILE DE3 FENSE TECHNOLOGY. 

4 (a) LIMITATION ON FUNDS FOR CLASSIFIED TECH5 NOLOGY AND DATA.— 

6 (1) IN GENERAL.—None of the funds made 

7 available for fiscal years 2012 or 2013 for the De8 partment of Defense may be used to provide the 

9 Russian Federation with access to information that 

10 is classified or was classified as of January 2, 2012, 

11 regarding— 

12 (A) missile defense technology of the 

13 United States, including hit-to-kill technology; 

14 or 

15 (B) data, including sensitive technical 

16 data, warning, detection, tracking, targeting, te17 lemetry, command and control, and battle man18 agement data, that support the missile defense 

19 capabilities of the United States. 

20 (2) APPLICABILITY.—The limitation in para21 graph (1) shall apply with respect to the use of 

22 funds on or after the date of the enactment of this 

23 Act. 

24 (b) LIMITATION ON FUNDS FOR OTHER TECH25 NOLOGY AND DATA.— 


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1 (1) IN GENERAL.—None of the funds made 

2 available for fiscal years 2012 or 2013 for the De3 partment of Defense may be used to provide the 

4 Russian Federation with access to missile defense 

5 technology or technical data not described in sub6 section (a) unless— 

7 (A) the President submits to the appro8 priate congressional committees— 

9 (i) a report that contains a description 

10 of— 

11 (I) the specific missile defense 

12 technology or technical data to be pro13 vided to the Russian Federation, the 

14 reasons for providing such technology 

15 or data, and how the technology or 

16 technical data is intended to be used; 

17 (II) the measures necessary to 

18 protect the technology or technical 

19 data; 

20 (III) the specific missile defense 

21 technology or technical data of the 

22 Russian Federation that the Russian 

23 Federation is providing the United 

24 States with access to; and 


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1 (IV) the status and substance of 

2 discussions between the United States 

3 and the Russian Federation on missile 

4 defense matters; and 

5 (ii) written certification by the Presi6 dent that providing the Russian Federation 

7 with access to such missile defense tech8 nology or technical data— 

9 (I) includes an agreement on pro10 hibiting access to such technology or 

11 data by any other country or entity; 

12 (II) will not enable the develop13 ment of countermeasures to any mis14 sile defense system of the United 

15 States or otherwise undermine the ef16 fectiveness of any such missile defense 

17 system; and 

18 (III) will correspond to equitable 

19 access by the United States to missile 

20 defense technology or technical data 

21 of the Russian Federation; and 

22 (B) a period of 30 days has elapsed fol23 lowing the date on which the President submits 

24 to the appropriate congressional committees the 


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1 report and written certification under subpara2 graph (A). 

3 (2) APPLICABILITY.—The limitation in para4 graph (1) shall apply with respect to the use of 

5 funds on or after the date of the enactment of this 

6 Act. 

7 (c) FORM.—The report described in clause (i) of sub8 section (b)(1)(A) and the certification described in clause 

9 (ii) of such subsection shall be submitted in unclassified 

10 form, but may contain a classified annex, if necessary. 

11 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

12 DEFINED.—In this section, the term ‘‘appropriate con13 gressional committees’’ means— 

14 (1) the Committee on Armed Services and the 

15 Committee on Foreign Relations of the Senate; and 

16 (2) the Committee on Armed Services and the 

17 Committee on Foreign Affairs of the House of Rep18 resentatives. 

19 SEC. 3. INTERNATIONAL AGREEMENTS RELATING TO MIS20 SILE DEFENSE. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that an agreement regarding missile defense co23 operation between the United States and the Russian Fed24 eration that is negotiated with the Russian Federation 

25 through the North Atlantic Treaty Organization 


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1 (‘‘NATO’’) or a provision to amend the charter of the 

2 NATO–Russia Council, should not be considered legally 

3 or politically binding unless the agreement is— 

4 (1) specifically approved with the advice and 

5 consent of the Senate pursuant to article II, section 

6 2, clause 2 of the Constitution; or 

7 (2) specifically authorized by an Act of Con8 gress. 

9 (b) MISSILE DEFENSE AGREEMENTS.— 

10 (1) IN GENERAL.—Chapter 3 of title 10, United 

11 States Code, is amended by adding at the end the 

12 following new section: 

13 ‘‘§ 130f. International agreements relating to missile 

14 defense 

15 ‘‘(a) IN GENERAL.—In accordance with the under16 standing under subsection (b)(1)(B) of the Resolution of 

17 Advice and Consent to Ratification of the New START 

18 Treaty of the Senate, any agreement with a country or 

19 international organization or amendment to the New 

20 START Treaty (including an agreement made by the Bi21 lateral Consultative Commission established by the New 

22 START Treaty) concerning the limitation of the missile 

23 defense capabilities of the United States shall not be bind24 ing on the United States, and shall not enter into force 

25 with respect to the United States, unless after the date 


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1 of the enactment of this section, such agreement or 

2 amendment is— 

3 ‘‘(1) specifically approved with the advice and 

4 consent of the Senate pursuant to article II, section 

5 2, clause 2 of the Constitution; or 

6 ‘‘(2) specifically authorized by an Act of Con7 gress. 

8 ‘‘(b) ANNUAL NOTIFICATION.—Not later than Janu9 ary 31 of each year, beginning in 2013, the President shall 

10 submit to the congressional defense committees and the 

11 Committee on Foreign Relations of the Senate and the 

12 Committee on Foreign Affairs of the House of Representa13 tives a notification of— 

14 ‘‘(1) whether the Russian Federation has recog15 nized during the previous year the sovereign right of 

16 the United States to pursue quantitative and quali17 tative improvements in missile defense capabilities; 

18 and 

19 ‘‘(2) whether during any treaty negotiations or 

20 other Government-to-Government contacts between 

21 the United States and the Russian Federation (in22 cluding under the auspices of the Bilateral Consult23 ative Commission established by the New START 

24 Treaty) during the previous year a representative of 

25 the Russian Federation suggested that a treaty or 


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1 other international agreement include, with respect 

2 to the United States— 

3 ‘‘(A) restricting missile defense capabili4 ties, military capabilities in space, or conven5 tional prompt global strike capabilities; or 

6 ‘‘(B) reducing the number of non-strategic 

7 nuclear weapons deployed in Europe. 

8 ‘‘(c) NEW START TREATY DEFINED.—In this sec9 tion, the term ‘New START Treaty’ means the Treaty be10 tween the United States of America and the Russian Fed11 eration on Measures for the Further Reduction and Limi12 tation of Strategic Offensive Arms, signed on April 8, 

13 2010, and entered into force on February 5, 2011.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended 

16 by inserting after the item relating to section 130e 

17 the following new item: 

‘‘130f. International agreements relating to missile defense.’’. 

18 (c) DEFENSE TECHNOLOGY COOPERATION AGREE19 MENTS.— 

20 (1) IN GENERAL.—Subchapter II of chapter 

21 138 of title 10, United States Code, is amended by 

22 adding at the end the following new section: 


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1 ‘‘§ 2350n. Defense technology cooperation agreements 

2 between the United States and the Rus3 sian Federation 

4 ‘‘(a) IN GENERAL.—None of the funds made avail5 able for fiscal year 2012 or any fiscal year thereafter for 

6 the Department of Defense may be used to implement a 

7 defense technology cooperation agreement entered into be8 tween the United States and the Russian Federation until 

9 a period of 60 days has elapsed following the date on 

10 which the President transmits such agreement to the con11 gressional defense committees. 

12 ‘‘(b) DEFENSE TECHNOLOGY COOPERATION AGREE13 MENT DEFINED.—In this section, the term ‘defense tech14 nology cooperation agreement’ means a cooperative agree15 ment related to research and development entered into 

16 under section 2358 of this title or any other provision of 

17 this title.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such subchapter is amend20 ed by inserting after the item relating to section 

21 2350m the following new item: 

‘‘2350n. Defense technology cooperation agreement between the United States 

and the Russian Federation.’’. 

22 (d) LIMITATION ON MISSILE DEFENSE NEGOTIA23 TION.— 


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1 (1) IN GENERAL.—None of the funds made 

2 available for fiscal years 2012 or 2013 for the De3 partment of Defense or the Department of State 

4 may be used for travel expenses related to discussing 

5 missile defense matters with the Russian Federation 

6 until the date that is 30 days after the date on 

7 which the President transmits to the appropriate 

8 congressional committees the draft agreement dis9 cussed between the United States and the Russian 

10 Federation at Deauville, France, in May 2011. 

11 (2) APPLICABILITY.—The limitation in para12 graph (1) shall apply with respect to the use of 

13 funds on or after the date of the enactment of this 

14 Act. 

15 (3) APPROPRIATE CONGRESSIONAL COMMIT16 TEES DEFINED.—In this subsection, the term ‘‘ap17 propriate congressional committees’’ means— 

18 (A) the Committee on Armed Services and 

19 the Committee on Foreign Relations of the Sen20 ate; and 

21 (B) the Committee on Armed Services and 

22 the Committee on Foreign Affairs of the House 

23 of Representatives. 

Æ 


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