I 

115TH CONGRESS 

1ST SESSION H. R. 1182 

To require certain actions regarding Russian Federation noncompliance with 

the INF Treaty, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. ROGERS of Alabama (for himself and Mr. POE of Texas) introduced the 

following bill; which was referred to the Committee on Armed Services, 

and in addition to the Committees on Foreign Affairs, and Intelligence 

(Permanent Select), 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 require certain actions regarding Russian Federation 

noncompliance with the INF Treaty, 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 ‘‘Intermediate-Range 

5 Nuclear Forces (INF) Treaty Preservation Act of 2017’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Select Committee on Intelligence, 

5 the Committee on Foreign Relations, the Com6 mittee on Armed Services, and the Committee 

7 on Appropriations of the Senate; and 

8 (B) the Permanent Select Committee on 

9 Intelligence, the Committee on Foreign Affairs, 

10 the Committee on Armed Services, and the 

11 Committee on Appropriations of the House of 

12 Representatives. 

13 (2) INF TREATY.—The term ‘‘INF Treaty’’ 

14 means the Treaty between the United States of 

15 America and the Union of Soviet Socialist Republics 

16 on the Elimination of Their Intermediate-Range and 

17 Shorter-Range Missiles, signed at Washington De18 cember 8, 1987, and entered into force June 1, 

19 1988. 

20 (3) INTELLIGENCE COMMUNITY.—The term 

21 ‘‘intelligence community’’ has the meaning given the 

22 term in section 3(4) of the National Security Act of 

23 1947 (50 U.S.C. 3003(4)). 

24 (4) NEW START TREATY.—The term ‘‘New 

25 START Treaty’’ means the Treaty between the 


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1 United States of America and the Russian Federa2 tion on Measures for the Further Reduction and 

3 Limitation of Strategic Offensive Arms, signed at 

4 Prague April 8, 2010, and entered into force Feb5 ruary 5, 2011. 

6 (5) OPEN SKIES TREATY.—The term ‘‘Open 

7 Skies Treaty’’ means the Treaty on Open Skies, 

8 done at Helsinki March 24, 1992, and entered into 

9 force January 1, 2002. 

10 SEC. 3. FINDINGS. 

11 Congress makes the following findings: 

12 (1) The 2014, 2015, and 2016 Department of 

13 State reports entitled, ‘‘Adherence to and Compli14 ance with Arms Control, Nonproliferation, and Dis15 armament Agreements and Commitments’’, all stat16 ed that the United States has determined that ‘‘the 

17 Russian Federation is in violation of its obligations 

18 under the INF Treaty not to possess, produce, or 

19 flight-test a ground-launched cruise missile (GLCM) 

20 with a range capability of 500 km to 5,500 km, or 

21 to possess or produce launchers of such missiles’’. 

22 (2) The 2016 report also noted that ‘‘the cruise 

23 missile developed by Russia meets the INF Treaty 

24 definition of a ground-launched cruise missile with a 

25 range capability of 500 km to 5,500 km, and as 


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1 such, all missiles of that type, and all launchers of 

2 the type used or tested to launch such a missile, are 

3 prohibited under the provisions of the INF Treaty’’. 

4 (3) Potential consistency and compliance con5 cerns regarding the INF Treaty noncompliant 

6 GLCM have existed since 2008, were not officially 

7 raised with the Russian Federation until 2013, and 

8 were not briefed to the North Atlantic Treaty Orga9 nization (NATO) until January 2014. 

10 (4) The United States Government is aware of 

11 other consistency and compliance concerns regarding 

12 Russia actions vis-a`-vis its INF Treaty obligations. 

13 (5) Since 2013, senior United States officials, 

14 including the President, the Secretary of State, and 

15 the Chairman of the Joint Chiefs of Staff have 

16 raised Russian noncompliance with the INF Treaty 

17 to their counterparts, but no progress has been 

18 made in bringing the Russian Federation back into 

19 compliance with the INF Treaty. 

20 (6) In April 2014, General Breedlove, the Su21 preme Allied Commander Europe, correctly stated, 

22 ‘‘A weapon capability that violates the INF, that is 

23 introduced into the greater European land mass, is 

24 absolutely a tool that will have to be dealt with . . . 

25 It can’t go unanswered.’’. 


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1 (7) The Department of Defense in its Sep2 tember 2013 report, Report on Conventional Prompt 

3 Global Strike Options if Exempt from the Restric4 tions of the Intermediate-Range Nuclear Forces 

5 Treaty Between the United States of America and 

6 the Union of Soviet Socialist Republics, stated that 

7 it has multiple validated military requirement gaps 

8 due to the prohibitions imposed on the United States 

9 as a result of its compliance with the INF Treaty. 

10 (8) It is not in the national security interests 

11 of the United States to be legally prohibited from 

12 developing dual-capable ground-launched cruise mis13 siles with ranges between 500 and 5,500 kilometers, 

14 while Russia makes advances in developing and 

15 fielding this class of weapon systems. 

16 (9) A material breach of the INF Treaty by the 

17 Russian Federation affords the United States the 

18 right to invoke such breach as grounds for sus19 pending the operation of the treaty in whole or in 

20 part. 

21 SEC. 4. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN 

22 VIOLATIONS OF THE INF TREATY. 

23 (a) STATEMENT OF UNITED STATES POLICY.—It is 

24 the policy of the United States as follows: 


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1 (1) The actions undertaken by the Russian 

2 Federation in violation of the INF Treaty constitute 

3 a material breach of the treaty. 

4 (2) In light of the Russian Federation’s mate5 rial breach of the INF Treaty, the United States is 

6 legally entitled to suspend the operation of the INF 

7 Treaty in whole or in part for so long as the Russian 

8 Federation continues to be in material breach. 

9 (3) For so long as the Russian Federation re10 mains in noncompliance with the INF Treaty, the 

11 United States should take actions to encourage the 

12 Russian Federation return to compliance, including 

13 by— 

14 (A) providing additional funds for the ca15 pabilities identified in section 1243(d) of the 

16 National Defense Authorization Act for Fiscal 

17 Year 2016 (Public Law 114–92; 129 Stat. 

18 1062); 

19 (B) establishing a program of record pur20 suant to section 5 for a dual-capable road-mo21 bile ground-launched cruise missile system with 

22 a maximum range of 5,500 kilometers; and 

23 (C) aggressively seeking additional missile 

24 defense assets in the European theater to pro25 tect United States and NATO forces from 


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1 ground-launched missile systems of the Russian 

2 Federation that are in noncompliance with the 

3 INF Treaty. 

4 (b) AUTHORIZATION OF ADDITIONAL APPROPRIA5 TIONS.— 

6 (1) IN GENERAL.—In addition to any other 

7 amounts authorized to be appropriated for such pur8 poses, there is authorized to be appropriated 

9 $500,000,000 for fiscal year 2018 for— 

10 (A) the development of active defenses to 

11 counter ground-launched missile systems with 

12 ranges between 500 and 5,500 kilometers; 

13 (B) counterforce capabilities to prevent at14 tacks from these missiles; 

15 (C) facilitating the acquisition and transfer 

16 to allied countries of missile systems with 

17 ranges between 500 and 5,500 kilometers; and 

18 (D) countervailing strike capabilities to en19 hance the capabilities of the United States iden20 tified in section 1243(d) of the National De21 fense Authorization Act for Fiscal Year 2016 

22 (Public Law 114–92; 129 Stat. 1062). 

23 (2) DEVELOPMENT.—Of the amount authorized 

24 to be appropriated by paragraph (1), $100,000,000 

25 is authorized to be appropriated for activities underVerDate Sep 11 2014 00:57 Feb 25, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1182.IH H1182

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1 taken to carry out section 5, including with respect 

2 to research and development activities. 

3 (3) OFFSET.—Notwithstanding the amounts 

4 otherwise authorized to be appropriated for the Na5 tional Nuclear Security Administration for Defense 

6 Nuclear Nonproliferation for fiscal year 2018, such 

7 authorization of amounts is hereby reduced by 

8 $500,000,000. 

9 SEC. 5. DEVELOPMENT OF INF RANGE GROUND-LAUNCHED 

10 MISSILE SYSTEM. 

11 (a) ESTABLISHMENT OF A PROGRAM OF RECORD.— 

12 The Secretary of Defense shall establish a program of 

13 record to develop a dual-capable road-mobile ground14 launched cruise missile system with a range of between 

15 500 to 5,500 kilometers. The Secretary shall ensure that 

16 such system is capable of achieving a flight test by not 

17 later than one year after the date of the enactment of this 

18 Act. 

19 (b) REPORT.—Not later than 120 days after the date 

20 of the enactment of this Act, the Secretary of Defense 

21 shall submit to the congressional defense committees a re22 port on the cost, schedule, and feasibility to modify the 

23 tomahawk, standard missile-3, standard missile-6, long24 range standoff cruise missile, and Army tactical missile 

25 system missiles for ground launch with a range of between 


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1 500 and 5,500 kilometers in order to provide any of the 

2 capabilities identified in section 1243(d) of the National 

3 Defense Authorization Act for Fiscal Year 2016 (Public 

4 Law 114–92; 129 Stat. 1062). 

5 SEC. 6. NOTIFICATION REQUIREMENT RELATED TO RUS6 SIAN FEDERATION DEVELOPMENT OF NON7 COMPLIANT SYSTEMS. 

8 Not later than 15 days after the date of the enact9 ment of this Act, and every 90 days thereafter during the 

10 five-year period beginning on such date of enactment, the 

11 Director of National Intelligence shall submit to the ap12 propriate congressional committees and the President a 

13 report that includes a determination of each of the fol14 lowing: 

15 (1) Whether the Russian Federation has flight 

16 tested, produced, or possesses a system that is in17 consistent with the INF Treaty. 

18 (2) Whether the Russian Federation possesses 

19 a system that meets the requirements for initial 

20 operational capability that is inconsistent with the 

21 INF Treaty. 

22 (3) Whether the Russian Federation has de23 ployed, or is about to deploy, a system that is incon24 sistent with the INF Treaty. 


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1 SEC. 7. LIMITATION ON AVAILABILITY OF FUNDS FOR CER2 TAIN ACTIVITIES. 

3 None of the funds authorized to be appropriated or 

4 otherwise made available for fiscal year 2018 or any other 

5 fiscal year for the Department of Defense may be obli6 gated or expended to extend the implementation of the 

7 New START Treaty for any year after 2021, permit 

8 flights by the Russian Federation over the United States 

9 or it allies pursuant to the Open Skies Treaty, or permit 

10 the approval of new or updated implementation decisions 

11 of the Open Skies Consultative Commission pursuant to 

12 Article X of the Open Skies Treaty, or any license or au13 thorization to export any item or technology to a person 

14 or entity in the Russian Federation unless the President 

15 certifies to the appropriate congressional committees that 

16 the Russian Federation has verifiably eliminated all mis17 siles that are in violation of or may be inconsistent with 

18 the INF Treaty. 

19 SEC. 8. REPORT ON ANTI-AIR WARFARE DEFENSE CAPA20 BILITY. 

21 Not later than 90 days after the date of the enact22 ment of this Act, the Secretary of Defense shall submit 

23 to the appropriate congressional committees a report on 

24 the number and location of Aegis Ashore sites with anti25 air warfare capability necessary in Asia and Europe to de26 fend deployed forces of the United States and United 


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1 States allies from Russian ground-launched missile sys2 tems with a range of 500 to 5,500 kilometers. 

3 SEC. 9. REVIEW OF RS–26 BALLISTIC MISSILE. 

4 (a) IN GENERAL.—The Secretary of State, in con5 sultation with the Secretary of Defense and the Director 

6 of National Intelligence, shall conduct a review of the RS– 

7 26 ballistic missile of the Russian Federation. 

8 (b) REPORT REQUIRED.—Not later than 90 days 

9 after the date of the enactment of this Act, the Secretary 

10 of State, in consultation with the Secretary of Defense and 

11 the Director of National Intelligence, shall submit to the 

12 appropriate congressional committees a report on the re13 view conducted under subsection (a). The report shall in14 clude— 

15 (1) a determination whether the RS–26 ballistic 

16 missile is covered under the New START Treaty or 

17 is a violation of the INF Treaty because Russia has 

18 flight-tested such missile to ranges covered by the 

19 INF Treaty in more than one warhead configura20 tion; and 

21 (2) if the Secretary determines that the RS–26 

22 ballistic missile is covered under the New START 

23 Treaty, a determination whether the Russian Fed24 eration— 


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1 (A) has agreed through the Bilateral Con2 sultative Commission that such a system is lim3 ited under the New START Treaty central lim4 its; and 

5 (B) has agreed to an exhibition of such a 

6 system. 

7 (c) EFFECT OF DETERMINATION.—If the Secretary 

8 of State, with the concurrence of the Secretary of Defense 

9 and the Director of National Intelligence, determines that 

10 the RS–26 ballistic missile is covered under the New 

11 START Treaty and that the Russian Federation has not 

12 taken the steps described under subsection (b)(2), the 

13 United States Government shall consider for purposes of 

14 all policies and decisions that the RS–26 ballistic missile 

15 of the Russian Federation is a violation of the INF Trea16 ty. 

17 SEC. 10. UNITED STATES ACTIONS REGARDING MATERIAL 

18 BREACH OF INF TREATY BY THE RUSSIAN 

19 FEDERATION. 

20 (a) DECLARATION OF POLICY.—Congress declares 

21 that because of the Russian Federation’s violations of the 

22 INF Treaty, including the flight-test, production, and pos23 session of prohibited systems, its actions have defeated the 

24 object and purpose of the INF Treaty, and thus constitute 

25 a material breach of the INF Treaty. 


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1 (b) REPORT.—Not later than 15 months after the 

2 date of the enactment of this Act, the President shall sub3 mit to the appropriate congressional committees a report 

4 that contains a determination of the President of whether 

5 the Russian Federation has flight-tested, produced, or is 

6 in possession of a ground-launched cruise missile or 

7 ground-launched ballistic missile with a range of between 

8 500 and 5,500 kilometers during each of the four consecu9 tive 90-day periods beginning on the date of the enactment 

10 of this Act. 

11 (c) UNITED STATES ACTIONS.—If the determination 

12 of the President contained in the report required to be 

13 submitted under subsection (b) is that the Russian Fed14 eration has flight-tested, produced, or is in possession of 

15 any missile described in subsection (b) during each of the 

16 periods described in subsection (b), the President shall— 

17 (1) suspend the application of the INF Treaty 

18 with respect to the United States; and 

19 (2) notify the other state parties to the INF 

20 Treaty that the Russian Federation is in material 

21 breach of the INF Treaty and of the decision of the 

22 United States to suspend the application of the INF 

23 Treaty with respect to the United States. 

Æ 


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