[Congressional Record Volume 165, Number 172 (Wednesday, October 30, 2019)]
[Senate]
[Page S6305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 388--CALLING FOR THE WITHDRAWAL OF THE UNITED STATES 
           FROM THE OPEN SKIES TREATY, AND FOR OTHER PURPOSES

  Mr. CRUZ (for himself and Mr. Cotton) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 388

       Whereas the Department of State has repeatedly assessed and 
     documented in its annual report on Adherence to and 
     Compliance with Arms Control, Nonproliferation, and 
     Disarmament Agreements and Commitments, that Russia is 
     violating the Treaty on Open Skies, done at Helsinki March 
     24, 1992, and entered into force January 1, 2002 (commonly 
     known as the ``Open Skies Treaty'');
       Whereas, in 2015, Director of the Defense Intelligence 
     Agency, Lieutenant General Vincent R. Stewart, testified to 
     Congress that ``[t]he Open Skies construct was designed for a 
     different era,'' and in 2016, that the treaty allows Russia 
     ``to get incredible foundational intelligence on critical 
     infrastructure, bases, ports, all of our facilities'' and 
     provides Russia with ``a significant advantage'';
       Whereas, in 2016, the Commander of the United States 
     Strategic Command, Admiral Cecil Haney, testified to Congress 
     that the Open Skies Treaty gives Russia ``a capability to be 
     able to reconnoiter parts of our country and other nations'';
       Whereas, in 2017, the Chairman of the Joint Chiefs of 
     Staff, General Joseph Dunford, testified to Congress that 
     ``we don't believe the treaty should be in place if the 
     Russians aren't complying'';
       Whereas the Government of the Russian Federation has 
     recently used the Open Skies Treaty for surveillance of major 
     American cities and infrastructure, including Washington D.C. 
     and New York City;
       Whereas the Government of the Russian Federation has 
     installed advanced digital technology for use in Open Skies 
     flights, enhancing its surveillance and espionage 
     capabilities;
       Whereas Government of the Russian Federation has limited 
     and at times outright denied access for surveillance flights 
     by the United States and other countries;
       Whereas Congress has repeatedly sought to limit 
     implementation of the Open Skies Treaty in response to 
     Russian treaty violations, including in the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232);
       Whereas the United States Government has developed and 
     deployed technology so that it does not gain significant 
     additional intelligence from participating in the Open Skies 
     Treaty; and
       Whereas participating in the Open Skies Treaty costs the 
     United States hundreds of millions of dollars in unnecessary 
     spending: Now, therefore, be it
       Resolved, That--
       (1) the United States Government should declassify to the 
     maximum extent possible, without materially or immediately 
     threatening the security of the United States, its 
     intelligence and assessments regarding Russian exploitation 
     of the Open Skies Treaty to undermine United States national 
     security; and
       (2) the United States should withdraw from the Open Skies 
     Treaty.

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