[Congressional Record Volume 162, Number 114 (Thursday, July 14, 2016)]
[Senate]
[Page S5175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 544--EXPRESSING THE SENSE OF THE SENATE REGARDING 
 COMPLIANCE ENFORCEMENT OF RUSSIAN VIOLATIONS OF THE OPEN SKIES TREATY

  Mr. COTTON (for himself, Mr. Corker, Mr. Cardin, and Mr. Rubio) 
submitted the following resolution; which was considered and agreed to:

                              S. Res. 544

       Whereas the Treaty on Open Skies, done at Helsinki March 
     24, 1992, and entered into force January 1, 2002 (in this 
     resolution referred to as the ``Open Skies Treaty''), which 
     established a regime for unarmed aerial observation flights 
     over the entire territory of its participants, is one of the 
     most wide-ranging international efforts to date to promote 
     openness and transparency of military forces and activities;
       Whereas the United States Government has declared that 
     strengthening and maintaining European security is a top 
     priority for the United States, that the Open Skies Treaty is 
     a key element of the Euro-Atlantic security architecture, and 
     that arms control is a key part of that effort because robust 
     multilateral conventional arms control arrangements 
     contribute to a more stable and secure European continent;
       Whereas, according to Secretary of State James Baker, 
     addressing the Open Skies Conference in 1990, the end of the 
     Cold War gave the Open Skies Treaty new importance as a 
     stabilizing factor in East-West relations, openness and 
     transparency in military matters offered ``the most direct 
     path to greater predictability and reduced risk of 
     inadvertent war,'' and Open Skies Treaty was thus 
     ``potentially the most ambitious measure to build confidence 
     ever undertaken'';
       Whereas, according to the President's letter of submittal 
     for the Open Skies Treaty provided to Congress by the 
     Secretary of State on August 12, 1992, it is the purpose of 
     the Open Skies Treaty to promote openness and transparency of 
     military forces and activities and to enhance mutual 
     understanding and confidence by giving States Party a direct 
     role in gathering information about military forces and 
     activities of concern to them;
       Whereas, according to the Report on Adherence to and 
     Compliance with Arms Control, Nonproliferation, and 
     Disarmament Agreements and Commitments published by the 
     Department of State on April 11, 2016 (in this resolution 
     referred to as the ``2016 Compliance Report''), the Russian 
     Federation ``continues not to meet its obligations [under the 
     Open Skies Treaty] to allow effective observation of its 
     entire territory, raising serious compliance concerns'';
       Whereas, according to the 2016 Compliance Report, Russian 
     conduct giving rise to compliance concerns has continued 
     since the Open Skies Treaty entered into force in 2002 and 
     worsened in 2010, 2014, and 2015; and
       Whereas, according to the 2016 Compliance Report, ongoing 
     efforts by the United States and other States Party to the 
     Open Skies Treaty to address these concerns through dialogue 
     with the Russian Federation ``have not resolved any of the 
     compliance concerns.'': Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) restrictions upon the ability of Open Skies Treaty 
     aircraft to overfly all portions of the territory of a State 
     Party impede openness and transparency of military forces and 
     activities and undermine mutual understanding and confidence, 
     especially when coupled with an ongoing refusal to address 
     compliance concerns raised by other States Party subject to 
     such restrictions;
       (2) it is essential to the accomplishment of the purpose of 
     the Open Skies Treaty that Open Skies Treaty aircraft be able 
     to observe the entire territory of a State Party in a timely 
     and reciprocal manner as provided for under the Open Skies 
     Treaty;
       (3) the Russian Federation's restrictions upon the ability 
     of Open Skies Treaty aircraft to overfly all portions of the 
     territory of the Russian Federation constitute violations of 
     the Open Skies Treaty; and
       (4) for so long as the Russian Federation remains in 
     noncompliance with the Open Skies Treaty, the United States 
     should take such measures as are necessary to bring about the 
     Russian Federation's return to full compliance with its 
     treaty obligations, including, as appropriate, through the 
     imposition of restrictions upon Russian overflights of the 
     United States.

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