500 and 5,500 kilometers in order to provide any of the 
capabilities identified in section 1243(d) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1062). 
SEC. 6. NOTIFICATION REQUIREMENT RELATED TO RUS-
SIAN FEDERATION DEVELOPMENT OF NON-
COMPLIANT SYSTEMS. 
Not later than 15 days after the date of the enact-
ment of this Act, and every 90 days thereafter during the 
five-year period beginning on such date of enactment, the 
Director of National Intelligence shall submit to the ap-
propriate congressional committees and the President a 
report that includes a determination of each of the fol-
lowing: 
(1) Whether the Russian Federation has flight 
tested, produced, or possesses a system that is in-
consistent with the INF Treaty. 
(2) Whether the Russian Federation possesses 
a system that meets the requirements for initial 
operational capability that is inconsistent with the 
INF Treaty. 
(3) Whether the Russian Federation has de-
ployed, or is about to deploy, a system that is incon-
sistent with the INF Treaty. 
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SEC. 7. LIMITATION ON AVAILABILITY OF FUNDS FOR CER-
TAIN ACTIVITIES. 
None of the funds authorized to be appropriated or 
otherwise made available for fiscal year 2018 or any other 
fiscal year for the Department of Defense may be obli-
gated or expended to extend the implementation of the 
New START Treaty for any year after 2021, permit 
flights by the Russian Federation over the United States 
or it allies pursuant to the Open Skies Treaty, or permit 
the approval of new or updated implementation decisions 
of the Open Skies Consultative Commission pursuant to 
Article X of the Open Skies Treaty, or any license or au-
thorization to export any item or technology to a person 
or entity in the Russian Federation unless the President 
certifies to the appropriate congressional committees that 
the Russian Federation has verifiably eliminated all mis-
siles that are in violation of or may be inconsistent with 
the INF Treaty. 
SEC. 8. REPORT ON ANTI-AIR WARFARE DEFENSE CAPA-
BILITY. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the appropriate congressional committees a report on 
the number and location of Aegis Ashore sites with anti- 
air warfare capability necessary in Asia and Europe to de-
fend deployed forces of the United States and United 
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States allies from Russian ground-launched missile sys-
tems with a range of 500 to 5,500 kilometers. 
SEC. 9. REVIEW OF RS–26 BALLISTIC MISSILE. 
(a) IN GENERAL.—The Secretary of State, in con-
sultation with the Secretary of Defense and the Director 
of National Intelligence, shall conduct a review of the RS– 
26 ballistic missile of the Russian Federation. 
(b) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of State, in consultation with the Secretary of Defense and 
the Director of National Intelligence, shall submit to the 
appropriate congressional committees a report on the re-
view conducted under subsection (a). The report shall in-
clude— 
(1) a determination whether the RS–26 ballistic 
missile is covered under the New START Treaty or 
is a violation of the INF Treaty because Russia has 
flight-tested such missile to ranges covered by the 
INF Treaty in more than one warhead configura-
tion; and 
(2) if the Secretary determines that the RS–26 
ballistic missile is covered under the New START 
Treaty, a determination whether the Russian Fed-
eration— 
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(A) has agreed through the Bilateral Con-
sultative Commission that such a system is lim-
ited under the New START Treaty central lim-
its; and 
(B) has agreed to an exhibition of such a 
system. 
(c) EFFECT OF DETERMINATION.—If the Secretary 
of State, with the concurrence of the Secretary of Defense 
and the Director of National Intelligence, determines that 
the RS–26 ballistic missile is covered under the New 
START Treaty and that the Russian Federation has not 
taken the steps described under subsection (b)(2), the 
United States Government shall consider for purposes of 
all policies and decisions that the RS–26 ballistic missile 
of the Russian Federation is a violation of the INF Trea-
ty. 
SEC. 10. UNITED STATES ACTIONS REGARDING MATERIAL 
BREACH OF INF TREATY BY THE RUSSIAN 
FEDERATION. 
(a) DECLARATION OF POLICY.—Congress declares 
that because of the Russian Federation’s violations of the 
INF Treaty, including the flight-test, production, and pos-
session of prohibited systems, its actions have defeated the 
object and purpose of the INF Treaty, and thus constitute 
a material breach of the INF Treaty. 
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(b) REPORT.—Not later than 15 months after the 
date of the enactment of this Act, the President shall sub-
mit to the appropriate congressional committees a report 
that contains a determination of the President of whether 
the Russian Federation has flight-tested, produced, or is 
in possession of a ground-launched cruise missile or 
ground-launched ballistic missile with a range of between 
500 and 5,500 kilometers during each of the four consecu-
tive 90-day periods beginning on the date of the enactment 
of this Act. 
(c) UNITED STATES ACTIONS.—If the determination 
of the President contained in the report required to be 
submitted under subsection (b) is that the Russian Fed-
eration has flight-tested, produced, or is in possession of 
any missile described in subsection (b) during each of the 
periods described in subsection (b), the President shall— 
(1) suspend the application of the INF Treaty 
with respect to the United States; and 
(2) notify the other state parties to the INF 
Treaty that the Russian Federation is in material 
breach of the INF Treaty and of the decision of the 
United States to suspend the application of the INF 
Treaty with respect to the United States. 
Æ 
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