The President has signed the National Defense Authorization Act (NDAA), which includes Rep. Mo Brooks' (R-AL) amendment to prevent U.S. missile defense secrets from being shared with the Russian Federation. The NDAA previously achieved House passage on December 14, 2011, in a vote of 283-136.
Rep. Brooks worked with a coalition of Republican and Democrat Members to include his amendment in the National Defense Authorization Act. Brooks said, "The successful passage of this amendment helps ensure the Russian Federation will not be provided with American hit-to-kill or other sensitive missile defense technology, an act that could weaken U.S. defenses and endanger American lives, except under strict controls and intense Congressional oversight. Before my amendment, there was no constraint whatsoever on President Obama's ability or desire to share our missile defense secrets with Russia."
Brooks continued, "The amendment also requires the Executive Branch to guarantee that classified U.S. missile defense technology given to Russia will not be proliferated. Halting such transfers is particularly important since technology shared with Russia could be passed along to third parties, such as North Korea, Iran, or other hostile foreign states. I introduced this amendment because it is vital that America safeguard the missile defense technologies that have cost American taxpayers so much and helped protect America so well."
Brooks serves on the House Armed Services Committee and the Subcommittees on Strategic Forces and Oversight and Investigations.
1244. Sharing of classified United States ballistic missile defense information with the Russian Federation.
(a) Notification.--No classified United States ballistic missile defense information may be made available to the Russian Federation unless, 60 days prior to any instance in which the United States Government plans to provide such information to the Russian Federation, the President provides notification thereof to the appropriate congressional committees.
(b) Elements of notification.--Each notification provided pursuant to subsection (a) shall include the following:
A detailed description of the classified United States ballistic missile defense information to be provided.
An explanation of the national security interest in providing the information to the Russian Federation and any provisions for reciprocal sharing by the Russian Federation with the United States on its defensive systems.
A certification that providing the information is consistent with United States national disclosure policy as of the date of enactment of this Act and that the decision to provide the information was made pursuant to a national disclosure policy review.
If applicable, a detailed explanation of whether any exceptions to national disclosure policy were required in order to provide the information to the Russian Federation and why such exceptions were required.
A certification that adequate measures are in place to protect the information from unauthorized disclosure. The certification shall include a description of the manner in which the information will be protected from unauthorized sharing or transfer to third parties as well as an analysis of the risks to the capabilities of the United States ballistic missile defense system if the information is shared or transferred to an unauthorized third party.
(c) Form.--Each notification provided pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Appropriate congressional committees defined.--For the purposes of this section, the term "appropriate congressional committees" means--
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(e) Classified United States ballistic missile defense information defined.--For the purposes of this section, the term "classified United States ballistic missile defense information" means information related to United States ballistic missile defenses that is classified as of, or after, the date of enactment of this Act.