[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Page S3560]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4483. Mr. COTTON (for himself, Mr. Sasse, Mr. Rubio, Mr. Risch,
Mr. Burr, Mr. Inhofe, and Mr. Cornyn) submitted an amendment intended
to be proposed by him to the bill S. 2943, to authorize appropriations
for fiscal year 2017 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1236. LIMITATION ON CERTIFICATION OR APPROVAL OF NEW
SENSORS FOR USE BY THE RUSSIAN FEDERATION ON
OBSERVATION FLIGHTS UNDER THE OPEN SKIES
TREATY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Covered state party.--The term ``covered state party''
means a foreign country that--
(A) is a state party to the Open Skies Treaty; and
(B) is a United States ally.
(3) 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).
(4) 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.
(5) 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.
(b) Limitation.--None of the funds authorized to be
appropriated by this Act 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,
Secretary of Homeland Security, and the Director of National
Intelligence, submits to the appropriate committees of
Congress the certification described in subsection (c)(1).
(c) Certification.--
(1) In general.--The certification described in this
subsection is a certification for a new sensor referred to in
subsection (b) that--
(A) 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;
(B) 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;
(C) 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
(D) 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.
(2) 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.
(d) Waiver Authority.--
(1) In general.--The President may waive the requirements
of subparagraph (D) of subsection (c)(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) A written explanation of the reasons it is in the
national security interest of the United States to certify or
approve the sensor.
(B) 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
(c)(1).
(C) A detailed description of efforts made by the United
States Government to bring the Russian Federation into full
compliance with the Open Skies Treaty.
(2) Form.--Each certification submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
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