[Congressional Record Volume 163, Number 149 (Thursday, September 14, 2017)]
[Senate]
[Pages S5760-S5761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1068. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) to 
the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
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 appropriate place, insert the following:

     SEC. ___. LIMITATION ON OBSERVATION FLIGHTS OF THE RUSSIAN 
                   FEDERATION OVER THE UNITED STATES UNDER THE 
                   OPEN SKIES TREATY.

       (a) In General.--No amounts authorized to be appropriated 
     by this Act may be used to aid, support, or permit in any 
     manner observation flights of the Russian Federation over the 
     United States under the Open Skies Treaty until the Secretary 
     of Defense certifies to Congress each of the following:
       (1) That the Russian Federation has removed all 
     restrictions regarding access to observation flights of the 
     United States and other covered state parties over the 
     entirety of Russia in a manner that permits full 
     implementation of the observation rights provided to the 
     United States and covered state parties under the Open Skies 
     Treaty.
       (2) That the Russian Federation provides the same Air 
     Traffic Control prioritization to observation aircraft from 
     the United States and covered state parties that it receives 
     from other participants under the Open Skies Treaty.
       (3) That no upgraded sensors will be employed in 
     observation flights of the Russian Federation or Belarus over 
     the United States under the Open Skies Treaty unless the 
     Russian Federation has agreed to the employment of advanced 
     sensors, consistent with the Open Skies Treaty, on United 
     States observation aircraft, and the United States has

[[Page S5761]]

     deployed such sensors, for observation flights over Russia 
     under the Open Skies Treaty.
       (b) Definitions.--In this section:
       (1) 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.
       (2) 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.
       (3) 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.
                                 ______