H.R. 1128 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1128 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. Short title This Act may be cited as the Protecting U.S. Missile Defense Information Act of 2013. 2. Report and briefings on missile defense discussions between the United States and the Russian Federation (a) Report required The President shall submit to the congressional defense committees a semi-annual report on any discussions on missile defense between the United States Government and the Government of the Russian Federation during the preceding 6-month period. (b) Matters To be included The report required by subsection (a) shall include the following with respect to any such discussions: (1) The date or dates of the discussions. (2) The official or officials of each government taking part in the discussions. (3) A summary of the discussions. (4) A copy of any documents or other materials exchanged during or as a result of the discussions. (c) Initial report The initial report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such discussions during the preceding 6-month period shall also address any such discussions during the 10-year period ending on the date of the enactment of this Act. (d) Form The reports required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (e) Congressional briefings In conjunction with the submission of the report required by subsection (a), the President shall brief the congressional defense committees on the matters contained in the report and any other matters relating to the report that the President determines to be appropriate. 3. Reports and briefings on declassification of certain missile defense information (a) Report required The President shall submit to the congressional defense committees a semi-annual report on meetings held by the National Disclosure Policy Committee with respect to declassifying documents containing information on the missile defense systems of the United States. (b) Matters To be included The report required by subsection (a) shall include the following with respect to any such meetings: (1) The date of the meeting. (2) A description of the documents considered by the National Disclosure Policy Committee during the meeting. (3) The determination made by the Committee with respect to declassifying such documents, including a summary of the reasoning used to make such determination. (c) Initial report The initial report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such meetings during the preceding 6-month period shall also address any such meetings during the 10-year period ending on the date of the enactment of this Act. (d) Form The reports required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (e) Congressional briefings In conjunction with the submission of the report required by subsection (a), the President shall brief the congressional defense committees on the matters contained in the report and any other matters relating to the report that the President determines to be appropriate. 4. Limitation on funds to provide the Russian Federation with access to certain missile defense technology None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used to provide the Russian Federation with access to information regarding— (1) missile defense technology of the United States relating to hit-to-kill technology; or (2) telemetry data with respect to missile defense interceptors or target vehicles. 5. Limitation on funds to negotiate or implement executive agreements relating to United States missile defense capabilities (a) Statement of policy Congress declares that the United States shall not be bound, politically or otherwise, by the terms of any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities. (b) Limitation on funds None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used— (1) to negotiate or implement any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities; or (2) to implement rules of engagement or Guidance for Employment of Force relating to such executive agreement. (c) Rule of construction Subsection (b) shall not apply with respect to the use of funds to negotiate or implement any executive agreement with a country with respect to which the United States has entered into a treaty of alliance or has a security guarantee. (d) Executive agreement defined In this section, the term executive agreement means an international agreement other than— (1) an agreement that is in the form of a treaty under article II, section 2, clause 2 of the Constitution of the United States; or (2) an agreement that requires implementing legislation to be enacted into law for the agreement to enter into force with respect to the United States. 6. Disclosure of and report on Russian Federation support of ballistic missile defense programs of China, Syria, Iran, and North Korea (a) Disclosure of support The President shall seek to encourage the Government of the Russian Federation to disclose any support by the Russian Federation or Russian entities for the ballistic missile programs of the People’s Republic of China, Syria, Iran, or North Korea. (b) Report required The President shall submit to the congressional defense committees a semi-annual report on any disclosure by the Government of the Russian Federation of any such support during the preceding 6-month period. (c) Initial report The initial report required by subsection (b) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such support during the preceding 6-month period shall also address any such support during the 10-year period ending on the date of the enactment of this Act. (d) Form The report required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex, if necessary. 7. Congressional defense committees defined In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.