I 

113TH CONGRESS 

1ST SESSION H. R. 1128 

To ensure the effectiveness of the missile defense system of the United 

States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2013 

Mr. BROOKS of Alabama (for himself, Mr. FRANKS of Arizona, Mr. ROGERS

of Alabama, Mr. LAMBORN, Mr. BRIDENSTINE, Mr. TURNER, Mr. ADERHOLT, and Mr. JONES) 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 2013’’. 


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1 SEC. 2. REPORT AND BRIEFINGS ON MISSILE DEFENSE DIS2 CUSSIONS BETWEEN THE UNITED STATES 

3 AND THE RUSSIAN FEDERATION. 

4 (a) REPORT REQUIRED.—The President shall submit 

5 to the congressional defense committees a semi-annual re6 port on any discussions on missile defense between the 

7 United States Government and the Government of the 

8 Russian Federation during the preceding 6-month period. 

9 (b) MATTERS TO BE INCLUDED.—The report re10 quired by subsection (a) shall include the following with 

11 respect to any such discussions: 

12 (1) The date or dates of the discussions. 

13 (2) The official or officials of each government 

14 taking part in the discussions. 

15 (3) A summary of the discussions. 

16 (4) A copy of any documents or other materials 

17 exchanged during or as a result of the discussions. 

18 (c) INITIAL REPORT.—The initial report required by 

19 subsection (a) shall be submitted not later than 180 days 

20 after the date of the enactment of this Act and in addition 

21 to addressing any such discussions during the preceding 

22 6-month period shall also address any such discussions 

23 during the 10-year period ending on the date of the enact24 ment of this Act. 


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1 (d) FORM.—The reports required by subsection (a) 

2 shall be submitted in unclassified form, but may contain 

3 a classified annex, if necessary. 

4 (e) CONGRESSIONAL BRIEFINGS.—In conjunction 

5 with the submission of the report required by subsection 

6 (a), the President shall brief the congressional defense 

7 committees on the matters contained in the report and any 

8 other matters relating to the report that the President de9 termines to be appropriate. 

10 SEC. 3. REPORTS AND BRIEFINGS ON DECLASSIFICATION 

11 OF CERTAIN MISSILE DEFENSE INFORMA12 TION. 

13 (a) REPORT REQUIRED.—The President shall submit 

14 to the congressional defense committees a semi-annual re15 port on meetings held by the National Disclosure Policy 

16 Committee with respect to declassifying documents con17 taining information on the missile defense systems of the 

18 United States. 

19 (b) MATTERS TO BE INCLUDED.—The report re20 quired by subsection (a) shall include the following with 

21 respect to any such meetings: 

22 (1) The date of the meeting. 

23 (2) A description of the documents considered 

24 by the National Disclosure Policy Committee during 

25 the meeting. 


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1 (3) The determination made by the Committee 

2 with respect to declassifying such documents, includ3 ing a summary of the reasoning used to make such 

4 determination. 

5 (c) INITIAL REPORT.—The initial report required by 

6 subsection (a) shall be submitted not later than 180 days 

7 after the date of the enactment of this Act and in addition 

8 to addressing any such meetings during the preceding 6- 

9 month period shall also address any such meetings during 

10 the 10-year period ending on the date of the enactment 

11 of this Act. 

12 (d) FORM.—The reports required by subsection (a) 

13 shall be submitted in unclassified form, but may contain 

14 a classified annex, if necessary. 

15 (e) CONGRESSIONAL BRIEFINGS.—In conjunction 

16 with the submission of the report required by subsection 

17 (a), the President shall brief the congressional defense 

18 committees on the matters contained in the report and any 

19 other matters relating to the report that the President de20 termines to be appropriate. 

21 SEC. 4. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN 

22 FEDERATION WITH ACCESS TO CERTAIN MIS23 SILE DEFENSE TECHNOLOGY. 

24 None of the funds authorized to be appropriated or 

25 otherwise made available for fiscal year 2014 or any fiscal 


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1 year thereafter for the Department of Defense may be 

2 used to provide the Russian Federation with access to in3 formation regarding— 

4 (1) missile defense technology of the United 

5 States relating to hit-to-kill technology; or 

6 (2) telemetry data with respect to missile de7 fense interceptors or target vehicles. 

8 SEC. 5. LIMITATION ON FUNDS TO NEGOTIATE OR IMPLE9 MENT EXECUTIVE AGREEMENTS RELATING 

10 TO UNITED STATES MISSILE DEFENSE CAPA11 BILITIES. 

12 (a) STATEMENT OF POLICY.—Congress declares that 

13 the United States shall not be bound, politically or other14 wise, by the terms of any executive agreement relating to 

15 the missile defense capabilities of the United States, in16 cluding basing, locations, capabilities, and numbers of 

17 missiles with respect to such missile defense capabilities. 

18 (b) LIMITATION ON FUNDS.—None of the funds au19 thorized to be appropriated or otherwise made available 

20 for fiscal year 2014 or any fiscal year thereafter for the 

21 Department of Defense may be used— 

22 (1) to negotiate or implement any executive 

23 agreement relating to the missile defense capabilities 

24 of the United States, including basing, locations, caVerDate Mar 14 2013 20:51 Mar 19, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1128.IH H1128

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1 pabilities, and numbers of missiles with respect to 

2 such missile defense capabilities; or 

3 (2) to implement rules of engagement or Guid4 ance for Employment of Force relating to such exec5 utive agreement. 

6 (c) RULE OF CONSTRUCTION.—Subsection (b) shall 

7 not apply with respect to the use of funds to negotiate 

8 or implement any executive agreement with a country with 

9 respect to which the United States has entered into a trea10 ty of alliance or has a security guarantee. 

11 (d) EXECUTIVE AGREEMENT DEFINED.—In this sec12 tion, the term ‘‘executive agreement’’ means an inter13 national agreement other than— 

14 (1) an agreement that is in the form of a treaty 

15 under article II, section 2, clause 2 of the Constitu16 tion of the United States; or 

17 (2) an agreement that requires implementing 

18 legislation to be enacted into law for the agreement 

19 to enter into force with respect to the United States. 

20 SEC. 6. DISCLOSURE OF AND REPORT ON RUSSIAN FED21 ERATION SUPPORT OF BALLISTIC MISSILE 

22 DEFENSE PROGRAMS OF CHINA, SYRIA, IRAN, 

23 AND NORTH KOREA. 

24 (a) DISCLOSURE OF SUPPORT.—The President shall 

25 seek to encourage the Government of the Russian FederaVerDate Mar 14 2013 20:51 Mar 19, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1128.IH H1128

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1 tion to disclose any support by the Russian Federation 

2 or Russian entities for the ballistic missile programs of 

3 the People’s Republic of China, Syria, Iran, or North 

4 Korea. 

5 (b) REPORT REQUIRED.—The President shall submit 

6 to the congressional defense committees a semi-annual re7 port on any disclosure by the Government of the Russian 

8 Federation of any such support during the preceding 6- 

9 month period. 

10 (c) INITIAL REPORT.—The initial report required by 

11 subsection (b) shall be submitted not later than 180 days 

12 after the date of the enactment of this Act and in addition 

13 to addressing any such support during the preceding 6- 

14 month period shall also address any such support during 

15 the 10-year period ending on the date of the enactment 

16 of this Act. 

17 (d) FORM.—The report required by subsection (b) 

18 shall be submitted in unclassified form, but may contain 

19 a classified annex, if necessary. 

20 SEC. 7. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

21 In this Act, the term ‘‘congressional defense commit22 tees’’ has the meaning given that term in section 

23 101(a)(16) of title 10, United States Code. 

Æ 


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