Sec. 1243. MEASURES IN RESPONSE TO NON-COMPLIANCE BY THE RUSSIAN FEDERATION WITH ITS OBLIGATIONS UNDER THE INF TREATY

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## SEC. 1243 MEASURES IN RESPONSE TO NON-COMPLIANCE BY THE RUSSIAN FEDERATION WITH ITS OBLIGATIONS UNDER THE INF TREATY ###

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

(1)the development and deployment of a nuclear ground-launched cruise missile by the Russian Federation is in violation of the INF Treaty, and the Russian Federation should return to compliance with the INF Treaty; ####

(2)the increasing role for nuclear weapons in the Russian Federation’s military strategy, and the continuing violation of the INF Treaty threatens the viability of the INF Treaty; ####

(3)efforts taken by the President to compel the Russian Federation to return to compliance with the INF Treaty, including by developing military and nonmilitary options, must be persistent and are in the best interests of the United States, but cannot be open-ended; ####

(4)not only should the Russian Federation end its cheating with respect to the INF Treaty, but also its illegal occupation of the sovereign territory of another nation, its plans for stationing nuclear weapons on that nation’s territory, and its cheating and violation of as many as eight of its 12 arms control obligations and agreements; and ####

(5)there are several United States military requirements that would be addressed by the development and deployment of systems currently prohibited by the INF Treaty. ###

(b)Notifications of Russian Federation Violations of INF Treaty ####

(1)In general The President shall submit to the appropriate congressional committees a notification of— #####

(A)whether the Russian Federation has flight-tested, deployed, or possesses a military system that has achieved an initial operating capability that is either a ground-launched ballistic missile or ground-launched cruise missile with a flight-tested range of between 500 and 5,500 kilometers; and #####

(B)whether the Russian Federation has begun steps to return to full compliance with the INF Treaty, including by agreeing to inspections and verification measures necessary to achieve high confidence that any missile described in subparagraph

(A)will be eliminated, as required by the INF Treaty upon its entry into force. ####

(2)Deadline The notification required under paragraph

(1)shall be submitted not later than 30 days after the date of the enactment of this Act and not later than 30 days after the date on which the Russian Federation meets any of the conditions described in subparagraphs

(A)and

(B)of paragraph (1). ####

(3)Form The notification required under paragraph

(1)shall be submitted in unclassified form, but may include a classified annex. ###

(c)Notification of Coordination With Allies Regarding INF Treaty ####

(1)In general Not later than 120 days after the date of the enactment, and every 120-day period thereafter for a period of 5 years, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly, in coordination with the Secretary of State and the Director of National Intelligence, submit to the appropriate congressional committees a notification on the status and content of updates provided to the North Atlantic Treaty Organization

(NATO)and allies of the United States in East Asia, on the Russian Federation’s flight testing, operating capability and deployment of ground launched ballistic missiles or ground-launched cruise missiles with a flight-tested range of between 500 and 5,500 kilometers, including updates on the status and a description of efforts with such allies to develop collective responses (including economic and military responses) to arms control violations of the Russian Federation (including violations of the INF Treaty). ####

(2)Form The notification required under paragraph

(1)shall be submitted in unclassified form, but may include a classified annex. ####

(3)Sunset The notification requirement under paragraph

(1)shall be in effect so long as the INF Treaty remains in force. ###

(d)Military Response Options to Russian Federation Violation of INF Treaty ####

(1)In general If, as of the date of the enactment of this Act, the Russian Federation has not begun taking measures to return to full compliance with the INF Treaty, including by agreeing to verification measures necessary to achieve high confidence that any ground-launched ballistic missile or ground-launched cruise missile with a flight-tested range of between 500 and 5,500 kilometers will be eliminated, the Secretary of Defense shall, not later than 120 days after that date, submit to the appropriate congressional committees a plan for the development of the following military capabilities: #####

(A)Counterforce capabilities to prevent intermediate-range ground-launched ballistic missile and cruise missile attacks, whether or not such capabilities are in compliance with the INF Treaty and including capabilities that may be acquired from allies of the United States. #####

(B)Countervailing strike capabilities to enhance the forces of the United States or allies of the United States, whether or not such capabilities are in compliance with the INF Treaty and including capabilities that may be acquired from allies of the United States. #####

(C)Active defenses to defend against intermediate-range ground-launched cruise missile attacks. ####

(2)Cost and schedule estimates The Secretary of Defense shall include in the plan required by paragraph (1), with respect to each military capability described in subparagraphs (A), (B), and

(C)of that paragraph, an estimate of cost and the approximate time for achieving a Milestone A decision, if such a decision is required. ####

(3)Availability of Funds Using amounts authorized to be appropriated for fiscal year 2016 by section 201 and available for research, development, test, and evaluation, Defense-wide, or otherwise made available, the Secretary of Defense shall carry out the development of capabilities pursuant to paragraph

(1)that are recommended by the Chairman of the Joint Chiefs of Staff to meet military requirements and current capability gaps with respect to missiles described in paragraph (1). In making such a recommendation, the Chairman shall give priority to such capabilities that the Chairman determines could be tested and fielded most expediently, with the most priority given to capabilities that the Chairman determines could be fielded in two years. ####

(4)Other response options The Secretary of Defense shall also include in the plan required by paragraph

(1)such other options as the Secretary of Defense or the Secretary of State consider useful to encourage the Russian Federation to return to full compliance with the INF Treaty or necessary to respond to the failure of the Russian Federation to return to full compliance with the INF Treaty. ####

(5)Reports on development #####

(A)In general During each 180-day period beginning on the date on which funds are first obligated to develop capabilities under paragraph (1), the Chairman of the Joint Chiefs of Staff shall submit to the appropriate congressional committees a report on such capabilities, including the costs of development (and estimated total costs of each system if pursued to deployment) and the time for development flight testing and deployment. #####

(B)Sunset The provisions of subparagraph

(A)shall not be in effect after the date on which the President certifies to the appropriate congressional committees that the INF Treaty is no longer in force or the Russian Federation has fully returned to compliance with its obligations under the INF Treaty. ####

(6)Report on deployment Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State, submit to the appropriate congressional committees a report on the following: #####

(A)Potential deployment locations of the military capabilities described in paragraph

(1)in East Asia and Eastern Europe, including any potential basing agreements that may be required to facilitate such deployments. #####

(B)Any required safety and security measures, estimates of potential costs of deployments described in subparagraph

(A)and an assessment of whether or not such deployments in Eastern Europe may require a decision of the North Atlantic Council. ###

(e)Definitions In this section: ####

(1)Appropriate congressional committees The term “appropriate congressional committees” means— #####

(A)the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and #####

(B)the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. ####

(2)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 Missiles, commonly referred to as the Intermediate-Range Nuclear Forces

(INF)Treaty, signed at Washington, December 8, 1987, and entered into force June 1, 1988.