,,ii #aaeth ,,congress #ast ,session ,s4 #dcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjag,mr4 ,cotton 7for himself1 ,mr4 ,johnson1 and ,mr4 ,rubio7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to provide for compliance enforcement regarding ,russian violations of the ,intermediate-,range ,nuclear ,forces 7,,inf7 ,treaty1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,intermediate-,range ,nuclear ,forces 7,,inf7 ,treaty ,preservation ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,,inf ,treaty ,the term ,,inf ,treaty means the ,treaty between the ,united ,states of ,america and the ,union of ,soviet ,socialist ,republics on the ,elimination of their ,intermediate-,range and ,shorter-,range ,missiles1 signed at ,washington1 ,,dc1 on ,december #h1 #aihg1 and entered into force ,june #a1 #aihh4 7#c7 ,intelligence community ,the term intelligence community has the meaning given the term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 7#d7 ,new ,,start ,treaty ,the term ,new ,,start ,treaty means the ,treaty between the ,united ,states of ,america and the ,russian ,federation on ,measures for the ,further ,reduction and ,limitation of ,strategic ,offensive ,arms1 signed at ,prague ,april #h1 #bjaj1 and entered into force ,february #e1 #bjaa4 7#e7 ,open ,skies ,treaty ,the term ,open ,skies ,treaty means the ,treaty on ,open ,skies1 done at ,helsinki ,march #bd1 #aiib1 and entered into force ,january #a1 #bjjb4 #c4 ,findings ,congress makes the following findings3 7#a7 ,the #bjad1 #bjae1 and #bjaf ,department of ,state reports entitled1 ,adherence to and ,compliance with ,arms ,control1 ,nonproliferation1 and ,disarmament ,agreements and ,commitments1 all stated that the ,united ,states has determined that the ,russian ,federation is in violation of its obligations under the ,,inf ,treaty not to possess1 produce1 or flight-test a ground-launched cruise missile 7,,glcm7 with a range capability of #ejj km to #e1ejj km1 or to possess or produce launchers of such missiles4 7#b7 ,the #bjaf report also noted that the cruise missile developed by ,russia meets the ,,inf ,treaty definition of a ground-launched cruise missile with a range capability of #ejj km to #e1ejj km1 and as such1 all missiles of that type1 and all launchers of the type used or tested to launch such a missile1 are prohibited under the provisions of the ,,inf ,treaty4 7#c7 ,potential consistency and compliance concerns regarding the ,,inf ,treaty noncompliant ,,glcm have existed since #bjjh1 were not officially raised with the ,russian ,federation until #bjac1 and were not briefed to the ,north ,atlantic ,treaty ,organization 7,,nato7 until ,january #bjad4 7#d7 ,the ,united ,states ,government is aware of other consistency and compliance concerns regarding ,russia actions vis--vis its ,,inf ,treaty obligations4 7#e7 ,since #bjac1 senior ,united ,states officials1 including the ,president1 the ,secretary of ,state1 and the ,chairman of the ,joint ,chiefs of ,staff have raised ,russian noncompliance with the ,,inf ,treaty to their counterparts1 but no progress has been made in bringing the ,russian ,federation back into compliance with the ,,inf ,treaty4 7#f7 ,in ,april #bjad1 ,general ,breedlove1 the ,supreme ,allied ,commander ,europe1 correctly stated1 ,a weapon capability that violates the ,,inf1 that is introduced into the greater ,european land mass1 is absolutely a tool that will have to be dealt with ''' ,it can't go unanswered44 7#g7 ,the ,department of ,defense1 in its ,september #bjac report1 ,report on ,conventional ,prompt ,global ,strike ,options if ,exempt from the ,restrictions of the ,intermediate-,range ,nuclear ,forces ,treaty ,between the ,united ,states of ,america and the ,union of ,soviet ,socialist ,republics1 stated that it has multiple validated military requirement gaps due to the prohibitions imposed on the ,united ,states as a result of its compliance with the ,,inf ,treaty4 7#h7 ,it is not in the national security interests of the ,united ,states to be legally prohibited from developing dual-capable ground-launched cruise missiles with ranges between #ejj and #e1ejj kilometers1 while ,russia makes advances in developing and fielding this class of weapon systems4 7#i7 ,a material breach of the ,,inf ,treaty by the ,russian ,federation affords the ,united ,states the right to invoke such breach as grounds for suspending the operation of the treaty in whole or in part4 #d4 ,compliance enforcement regarding ,russian violations of the ,,inf ,treaty 7a7 ,statement of united states policy ,it is the policy of the ,united ,states as follows3 7#a7 ,the actions undertaken by the ,russian ,federation in violation of the ,,inf ,treaty constitute a material breach of the treaty4 7#b7 ,in light of the ,russian ,federation's material breach of the ,,inf ,treaty1 the ,united ,states is legally entitled to suspend the operation of the ,,inf ,treaty in whole or in part for so long as the ,russian ,federation continues to be in material breach4 7#c7 ,for so long as the ,russian ,federation remains in noncompliance with the ,,inf ,treaty1 the ,united ,states should take actions to bring the ,russian ,federation back into compliance1 including-- 7,a7 providing additional funds to the activities and systems identified in section #abdc7;d7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #ajfb72 7,b7 the establishment of a program of record for a dual-capable road-mobile ground-launched cruise missile system with a maximum range of #e1ejj kilometers2 and 7,c7 aggressively seeking additional missile defense assets in the ,european theater to protect ,united ,states and ,,nato forces from the ,russian ,,inf ,treaty noncompliant ,ground ,launch ,cruise ,missile4 7b7 ,authorization of additional appropriations ,in addition to any other amounts authorized to be appropriated for such purposes1 there are authorized to be appropriated-- 7#a7 #ejj1jjj1jjj for fiscal year #bjag for-- 7,a7 the development of active defenses to counter ground launched missile systems with ranges between #ejj and #e1ejj kilometers2 7,b7 counterforce capabilities to prevent attacks from these missiles2 7,c7 facilitating the transfer to allied countries of missile systems with ranges between #ejj and #e1ejj kilometers2 and 7,d7 countervailing strike capabilities to enhance ,united ,states forces identified in section #abdc7;d7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #ajfb72 and 7#b7 #ajj1jjj1jjj for activities undertaken to advance the policy described in subsection 7a77#c77;,b71 including research1 development1 and evaluation activities4 #e4 ,development of ,,inf range ground launched missile system 7a7 ,establishment of a program of record ,the ,secretary of ,defense shall establish a program to develop a dual-capable road-mobile ground-launched cruise missile system with a range of between #ejj to #e1ejj kilometers4 ,the system should be available for a flight test not later than one year after the date of the enactment of this ,act4 7b7 ,report ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to the congressional defense committees a report on the cost1 schedule1 and feasibility to modify the ,tomahawk1 ,standard ,missile-#c1 ,standard ,missile-#f1 ,long-,range ,stand ,off ,cruise ,missile1 and ,army ,tactical ,missile ,system missiles for ground-launch with a range of between #ejj and #e1ejj kilometers4 #f4 ,notification requirement related to ,russian ,federation development of noncompliant systems ,not later than #ae days after the date of the enactment of this ,act1 and every #ij days thereafter for five years1 the ,director of ,national ,intelligence shall submit to the appropriate congressional committees and the ,president a report including a determination whether the ,russian ,federation has flight tested1 produced1 or possesses a system that is inconsistent with the ,,inf ,treaty and has reached ,initial ,operational ,capability1 is deployed1 or is about to be deployed4 #g4 ,limitation on availability of funds for certain activities ,none of the funds authorized to be appropriated or otherwise made available for fiscal year #bjag or any other fiscal year may be obligated or expended to extend the ,new ,,start ,treaty1 permit ,russian flights over the ,united ,states or ,united ,states allies pursuant to the ,open ,skies ,treaty1 or permit the approval of new or updated implementation decisions through the ,open ,skies ,consultative ,commission unless the ,president certifies to the appropriate congressional committees that the ,russian ,federation has verifiably eliminated all missiles that are in violation of or may be inconsistent with the ,,inf treaty4 #h4 ,report on anti-air warfare defense capability ,not later than #ij days after the date of the enactment of this ,act1 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 7,,aaw7 capability necessary in ,asia and ,europe to defend deployed forces of the ,united ,states and ,united ,states allies from ,russian ground launched missile systems with a range of #ejj to #e1ejj kilometers4 #i4 ,review of ,,rs-#bf ,ballistic ,missile 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 shall conduct a review of the ,,rs-#bf ,ballistic ,missile ,system4 7b7 ,report required ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 shall submit to the appropriate congressional committees a report on the review conducted under subsection 7a74 ,the report shall include-- 7#a7 a determination whether the ,,rs-#bf ,ballistic ,missile is covered under the ,new ,,start ,treaty or is a violation of the ,,inf ,treaty because it has been flight-tested to ranges covered by the ,,inf treaty in more than one warhead configuration2 and 7#b7 if it is determined that the ,,rs-#bf is covered under the ,new ,,start ,treaty1 a determination whether the ,russian ,federation-- 7,a7 has agreed through the ,bilateral ,consultative ,commission that such a system is limited under the ,new ,,start central limits2 and 7,b7 has agreed to an exhibition of such a system4 7c7 ,effect of determination ,if the ,secretary of ,state1 with the concurrence of the ,secretary of ,defense and the ,director of ,national ,intelligence1 determines that the ,,rs-#bf is covered under the ,new ,,start ,treaty and that the ,russian ,federation has not taken the steps described under subsection 7b77#b71 the ,united ,states ,government shall consider for purposes of all policies and decisions that the ,russian ,federation is in violation of the ,,inf ,treaty4 #aj4 ,united ,states actions regarding material breach of ,,inf ,treaty by the ,russian ,federation 7a7 ,declaration of policy ,congress declares that because of the ,russian ,federation's violations of the ,,inf ,treaty1 including the flight-test1 production1 and possession of prohibited systems1 its actions have defeated the object and purpose of the ,,inf ,treaty1 and thus constitute a material breach of the ,,inf ,treaty4 7b7 ,report ,not later than #ae months after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a report that contains a determination of the ,president of whether the ,russian ,federation has flight-tested1 produced1 or is in possession of a ground-launched cruise missile or ground-launched ballistic missile with a range of between #ejj and #e1ejj kilometers during each of the four consecutive #ij-;day periods beginning on the date of the enactment of this ,act4 7c7 ,united ,states actions ,if the determination of the ,president contained in the report required to be submitted under subsection 7b7 is that the ,russian ,federation has flight-tested1 produced1 or is in possession of any missile described in subsection 7b7 during each of the periods described in subsection 7b71 the ,president shall-- 7#a7 suspend the application of the ,,inf ,treaty with respect to the ,united ,states2 and 7#b7 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 ,states4