Sec. 1246. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION WITH THE RUSSIAN FEDERATION

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## SEC. 1246 SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION WITH THE RUSSIAN FEDERATION ###

(a)Finding Congress finds that the President certified to the Senate on February 2, 2011, pursuant to condition

(5)of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Treaty Between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (commonly referred to as the “New START Treaty”), signed in Prague on April 8, 2010, the following: “The New START Treaty does not require, at any point during which it will be in force, the United States to provide to the Russian Federation telemetric information under Article IX of the New START Treaty, Part Seven of the Protocol, and the Annex on Telemetric Information to the Protocol for the launch of

(a)any missile defense interceptor, as defined in paragraph 44 of Part One of the Protocol to the New START Treaty;

(b)any satellite launches, missile defense sensor targets, and missile defense intercept targets, the launch of which uses the first stage of an existing type of United States intercontinental ballistic missile

(ICBM)or submarine-launched ballistic missile

(SLBM)listed in paragraph 8 of Article III of the New START Treaty; or

(c)any missile described in clause

(a)of paragraph 7 of Article III of the New START Treaty.”. ###

(b)Sense of Congress It is the sense of Congress that— ####

(1)as stated in declaration

(1)of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the New START Treaty— #####

(A)“further limitations on the missile defense capabilities of the United States are not in the national security interest of the United States”; and #####

(B)“[t]he New START Treaty and the April 7, 2010, unilateral statement of the Russian Federation on missile defense do not limit in any way, and shall not be interpreted as limiting, activities that the United States Government currently plans or that might be required over the duration of the New START Treaty to protect the United States pursuant to the National Missile Defense Act of 1999, or to protect United States Armed Forces and United States allies from limited ballistic missile attack, including further planned enhancements to the Ground-based Midcourse Defense system and all phases of the Phased Adaptive Approach to missile defense in Europe.”; ####

(2)as stated in declaration

(2)of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the New START Treaty, “the United States will welcome steps by the Russian Federation also to adopt a fundamentally defensive strategic posture that no longer views robust strategic defensive capabilities as undermining the overall strategic balance, and stands ready to cooperate with the Russian Federation on strategic defensive capabilities, as long as such cooperation is aimed at fostering and in no way constrains the defensive capabilities of both sides”; ####

(3)any missile defense cooperation with the Russian Federation should not in any way limit United States’ or NATO’s missile defense capabilities, and should be mutually beneficial and reciprocal in nature; ####

(4)the United States should not provide the Russian Federation with sensitive missile defense information that would in any way compromise United States national security, including “hit-to-kill” technology and telemetry data for missile defense interceptors or target vehicles; and ####

(5)the sovereignty of the United States and its ability to unilaterally pursue its own missile defense program shall be protected.