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 deter-
mined 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 Representa-
tives 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’’. 
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SEC. 2. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN 
FEDERATION WITH ACCESS TO MISSILE DE-
FENSE TECHNOLOGY. 
(a) LIMITATION ON FUNDS FOR CLASSIFIED TECH-
NOLOGY AND DATA.— 
(1) IN
GENERAL.—None of the funds made 
available for fiscal years 2012 or 2013 for the De-
partment 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, te-
lemetry, command and control, and battle man-
agement data, that support the missile defense 
capabilities of the United States. 
(2) APPLICABILITY.—The limitation in para-
graph (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 TECH-
NOLOGY AND DATA.— 
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(1) IN
GENERAL.—None of the funds made 
available for fiscal years 2012 or 2013 for the De-
partment of Defense may be used to provide the 
Russian Federation with access to missile defense 
technology or technical data not described in sub-
section (a) unless— 
(A) the President submits to the appro-
priate congressional committees— 
(i) a report that contains a description 
of— 
(I) the specific missile defense 
technology or technical data to be pro-
vided 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 
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(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 Presi-
dent that providing the Russian Federation 
with access to such missile defense tech-
nology or technical data— 
(I) includes an agreement on pro-
hibiting access to such technology or 
data by any other country or entity; 
(II) will not enable the develop-
ment of countermeasures to any mis-
sile defense system of the United 
States or otherwise undermine the ef-
fectiveness 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 fol-
lowing the date on which the President submits 
to the appropriate congressional committees the 
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report and written certification under subpara-
graph (A). 
(2) APPLICABILITY.—The limitation in para-
graph (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 sub-
section (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 con-
gressional 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 Rep-
resentatives. 
SEC. 3. INTERNATIONAL AGREEMENTS RELATING TO MIS-
SILE DEFENSE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that an agreement regarding missile defense co-
operation between the United States and the Russian Fed-
eration that is negotiated with the Russian Federation 
through 
the 
North 
Atlantic 
Treaty 
Organization 
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(‘‘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 Con-
gress. 
(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: 
‘‘§ 130f. International agreements relating to missile 
defense 
‘‘(a) IN GENERAL.—In accordance with the under-
standing 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 Bi-
lateral Consultative Commission established by the New 
START Treaty) concerning the limitation of the missile 
defense capabilities of the United States shall not be bind-
ing on the United States, and shall not enter into force 
with respect to the United States, unless after the date 
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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 Con-
gress. 
‘‘(b) ANNUAL NOTIFICATION.—Not later than Janu-
ary 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 Representa-
tives a notification of— 
‘‘(1) whether the Russian Federation has recog-
nized during the previous year the sovereign right of 
the United States to pursue quantitative and quali-
tative 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 (in-
cluding under the auspices of the Bilateral Consult-
ative Commission established by the New START 
Treaty) during the previous year a representative of 
the Russian Federation suggested that a treaty or 
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other international agreement include, with respect 
to the United States— 
‘‘(A) restricting missile defense capabili-
ties, military capabilities in space, or conven-
tional prompt global strike capabilities; or 
‘‘(B) reducing the number of non-strategic 
nuclear weapons deployed in Europe. 
‘‘(c) NEW START TREATY DEFINED.—In this sec-
tion, the term ‘New START Treaty’ means the Treaty be-
tween the United States of America and the Russian Fed-
eration on Measures for the Further Reduction and Limi-
tation of Strategic Offensive Arms, signed on April 8, 
2010, and entered into force on February 5, 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 AGREE-
MENTS.— 
(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: 
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‘‘§ 2350n. Defense technology cooperation agreements 
between the United States and the Rus-
sian Federation 
‘‘(a) IN GENERAL.—None of the funds made avail-
able 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 be-
tween 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 con-
gressional defense committees. 
‘‘(b) DEFENSE TECHNOLOGY COOPERATION AGREE-
MENT DEFINED.—In this section, the term ‘defense tech-
nology cooperation agreement’ means a cooperative agree-
ment 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 sec-
tions at the beginning of such subchapter is amend-
ed 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 NEGOTIA-
TION.— 
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(1) IN
GENERAL.—None of the funds made 
available for fiscal years 2012 or 2013 for the De-
partment 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 dis-
cussed between the United States and the Russian 
Federation at Deauville, France, in May 2011. 
(2) APPLICABILITY.—The limitation in para-
graph (1) shall apply with respect to the use of 
funds on or after the date of the enactment of this 
Act. 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Foreign Relations of the Sen-
ate; and 
(B) the Committee on Armed Services and 
the Committee on Foreign Affairs of the House 
of Representatives. 
Æ 
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