Section 1 Short title
This Act may be cited as the “Open Skies Treaty Compliance Assurance Act”.
Open Skies Treaty Compliance Assurance Act
A BILL
To prohibit funds from being obligated or expended to aid, support, permit, or facilitate the certification or approval of any new sensor for use by the Russian Federation on observation flights under the Open Skies Treaty unless the President submits a certification related to such sensor to Congress and for other purposes.
Sec. 2 Definitions
In this Act:
Appropriate congressional committees— The term “appropriate congressional committees” means—
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
Covered state party— The term “covered state party” means a foreign country that—
is a state party to the Open Skies Treaty; and
is a United States ally.
Intelligence community— The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Observation aircraft, observation flight, and sensor— The terms “observation aircraft”, “observation flight”, and “sensor” have the meanings given such terms in Article II of the Open Skies Treaty.
Open Skies Treaty— The term “Open Skies Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.
Sec. 3 Certification of new sensors
Limitation— Notwithstanding any other provision of law, no funds may be obligated or expended to aid, support, permit, or facilitate the certification or approval of any new sensor, including to carry out an initial or exhibition observation flight of an observation aircraft, for use by the Russian Federation on observation flights under the Open Skies Treaty unless the President, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, submits to the appropriate committees of Congress the certification described in subsection (b)(1).
Certification—
In general— The certification described in this subsection is a certification for a new sensor referred to in subsection (a) that—
the capabilities of the new sensor do not exceed the capabilities imposed by the Open Skies Treaty, and safeguards are in place to prevent the new sensor, or any information obtained therefrom, from being used in any way not permitted by the Open Skies Treaty;
the Secretary of Defense, the commanders of relevant combatant commands, the directors of relevant elements of the intelligence community, and the Federal Bureau of Investigation have in place mitigation measures with respect to collection against high-value United States assets and critical infrastructure by the new sensor;
each covered state party has been notified and briefed on concerns of the intelligence community regarding upgraded sensors used under the Open Skies Treaty, Russian Federation warfighting doctrine, and intelligence collection in support thereof; and
the Russian Federation is in compliance with all of its obligations under the Open Skies treaty, including the obligation to permit properly notified covered state party observation flights over all of Moscow, Chechnya, Abkhazia, South Ossetia, and Kaliningrad.
Specific sensor approval— The certification described in paragraph (1) shall be required for each sensor and platform for which the Russian Federation has requested approval under to the Open Skies Treaty.
Waiver authority—
In general— The President may waive the requirements of subparagraph (D) of subsection (b)(1) if, not later than 30 days prior to certifying or approving a new sensor for use by the Russian Federation on observation flights under the Open Skies Treaty, the President submits a certification to the appropriate committees of Congress that the certification or approval of the new sensor is in the national security interest of the United States that includes the following:
A written explanation of the reasons it is in the national security interest of the United States to certify or approve the sensor.
The date that the President expects the Russian Federation to come into full compliance with all of its Open Skies Treaty obligations, including the overflight obligations described in subparagraph (D) of subsection (b)(1).
A detailed description of efforts made by the United States Government to bring the Russian Federation into full compliance with the Open Skies Treaty.
Form— Each certification submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.